Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. Existing law authorizes the board, with the permission of the Director of the Department of Consumer Affairs, to form advisory committees to advise the board on the implementation of the act.

This bill would remove the requirement that the board receive permission from the director to form those advisory committees.

Date of Hearing: July 16, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 773

Author:(Ashby) – As Introduced Ver:February 21, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill deletes the requirement for the Board of Registered Nursing (BRN) to have permission from the director of the Department of Consumer Affairs (DCA) to form an advisory committee to inform the BRN on implementation of the Nursing Practice Act.

FISCAL EFFECT:

No costs to the BRN.

COMMENTS:

1. Purpose. According to the author:

DCA boards are semiautonomous regulatory bodies with the authority to set their own priorities and policies and take disciplinary action on their licensees. SB 773 reflects this structure for the BRN by removing the requirement – a requirement unique to the BRN – that [it] receive permission from the Director of [DCA] when they establish an advisory committee. The existing law is outdated and no longer reflects current practices. By removing this outdated requirement, SB 773 will streamline the advisory committee process, allowing the BRN to operate more efficiently and respond more effectively to emerging challenges.

1. Background. The BRN administers and enforces the Nursing Practice Act, which is the chapter of laws that establishes the BRN and outlines the regulatory framework for the practice, licensing, education, and discipline of registered nurses (RNs) and advanced practice registered nurses (APRNs). APRNs include certified nurse mid-wives, nurse anesthetists, nurse practitioners (NPs), and clinical nurse specialists (CNSs). The BRN has five advisory committees composed of non-board member stakeholders to make recommendations to the BRN on specific topics: NP Advisory Committee, Nurse-Midwifery Advisory Committee, Nursing Education and Workforce Advisory Committee, CNS Advisory Committee, and the Certified Registered Nurse Anesthetist Advisory Committee.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: June 24, 2025

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

SBPCA Bill Id:SB 773

Author:(Ashby) – As Introduced Ver:February 21, 2025

SENATE VOTE: 34-0

SUBJECT: Board of Registered Nursing: advisory committees

SUMMARY: Deletes the requirement for the Board of Registered Nursing (BRN) to have permission from the director of the Department of Consumer Affairs (DCA) before forming an advisory committee.

EXISTING LAW:

1. Establishes in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Consumer Affairs. (Business and Professions Code (BPC) § 100)
2. Places the DCA under the control of a civil executive officer who is known as the Director of Consumer Affairs. (BPC § 150)
3. Regulates the practice of nursing under the Nursing Practice Act. (BPC §§ 2700-2838.4)
4. Establishes the BRN within the DCA to administer and enforce the Nursing Practice Act until January 1, 2027. (BPC § 2701)
5. Authorizes the BRN, with permission of the Director of Consumer Affairs, to form advisory committees to advise the BRN on the implementation of the Nursing Practice Act. (BPC § 2710.5)

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, no significant state costs anticipated.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author, “[This bill] is crucial for preserving the autonomy of the Board of Registered Nursing by allowing it to establish advisory committees without unnecessary delays or inefficiencies caused by current requirements for the Director of the Department of Consumer Affairs to approve. The existing law is outdated and no longer reflects current practices. By removing this outdated requirement, [this bill] will streamline the advisory committee process, allowing the BRN to operate more efficiently and respond more effectively to emerging challenges.”

Background. BRN is a licensing entity within the DCA. The BRN is responsible for administering and enforcing the Nursing Practice Act. The act is the chapter of laws that establishes the BRN and outlines the regulatory framework for the practice, licensing, education, and discipline of registered nurses (RNs) and advanced practice registered nurses (APRNs).

APRNs include certified nurse mid-wives (CNMs), nurse anesthetists, nurse practitioners (NPs), and clinical nurse specialists (CNSs). The BRN also issues certificates to RNs who qualify as public health nurses (PHNs) and maintains a list of RNs who specialize in psychiatric-mental health nursing for purposes of statutory requirements relating to counseling services for victims of crime.

Committees. The BRN has two types of committees to assist in its duties, standing committees and advisory committees. The BRN has five standing committees that are composed of two to four BRN members. The committee members hold meetings with staff to assess issues, set policy, and make enforcement decisions.

The BRN has five advisory committees that are composed of non-board member stakeholders to make recommendations to the BRN on specific topics. The current committees are:

• NP Advisory Committee. This committee is established in statute and is composed of four qualified NPs, two physicians and surgeons with demonstrated experience working with NPs, and one public member. It makes recommendations to the BRN on matters relating to NPs, including education, appropriate standard of care, and other matters specified by the BRN. The committee also provides recommendations or guidance to the BRN when the BRN is considering disciplinary action against an NP.
• Nurse-Midwifery Advisory Committee. This committee is established in statute and is composed of four qualified CNMs, two qualified physicians and surgeons, including obstetricians or family physicians, and one public member. It makes recommendations to the BRN on matters related to midwifery practice, education, appropriate standard of care, and other matters as specified by the BRN. The committee also provides recommendations or guidance on care when the BRN is considering disciplinary action against a CNM.
• Nursing Education and Workforce Advisory Committee (NEWAC). This committee is established in statute and is composed of various nursing education stakeholders. It solicits input from approved nursing programs and members of the nursing and healthcare professions to study and recommend nursing education standards and solutions to workforce issues to the BRN. It is also required to study and recommend standards for simulated clinical experiences based on the best practices published by the International Nursing Association for Clinical Simulation and Learning, the National Council of State Boards of Nursing, the Society for Simulation in Healthcare, or equivalent standards.
• Clinical Nurse Specialist Advisory Committee. This committee is established administratively by the BRN and is comprised of four CNSs and one public member. It makes recommendations to the BRN on matters relating to CNS practice, including education, appropriate standard of care, and other matters specified by the BRN.
• Certified Registered Nurse Anesthetist Advisory Committee. This committee is established administratively by the BRN and is comprised of four CRNAs and one public member. It makes recommendations to the BRN on matters relating to CRNA practice, including education, appropriate standard of care, and other matters specified by the BRN.

REGISTERED SUPPORT:

There is no support on file.

REGISTERED OPPOSITION:

There is no opposition on file.

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301

 CONSENT  

Bill No: SB 773

Author: Ashby (D)

Introduced: 2/21/25

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 11-0, 4/28/25

AYES: Ashby, Choi, Archuleta, Arreguín, Grayson, Menjivar, Niello, Smallwood-Cuevas, Strickland, Umberg, Weber Pierson

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Board of Registered Nursing: advisory committees

SOURCE: Author

DIGEST:

This bill deletes the requirement that the Board of Registered Nursing (BRN) receive permission from the Director of the Department of Consumer Affairs (DCA) in order to form advisory committees.

ANALYSIS:

Existing law:

1. Establishes the DCA within the Business, Consumer Services, and Housing Agency. (Business and Professions Code (BPC) §§ 100 et seq.)
   
2. Establishes various boards, bureaus, and other entities within the jurisdiction of the DCA. (BPC § 101)
   
3. Establishes the BRN to provide for the licensure and regulation of the practice of nursing. (BPC §§ 2700 et seq.)
4. Authorizes BRN to form advisory committees with permission from the Director of DCA. (BPC § 2710.5)
5. Requires BRN to appoint a committee of qualified physicians and surgeons and nurses called the Nurse-Midwifery Advisory Committee. (BPC § 2746.2)
6. Establishes a Nursing Education and Workforce Advisory Committee tasked with soliciting input from approved nursing programs and members of the nursing and health care professions to study and recommend nursing education standards and solutions to workforce issues to BRN. (BPC § 2785.6)
7. Requires BRN to establish a Nurse Practitioner (NP) Advisory Committee to advise and make recommendations to BRN on all matters relating to NPs, including, but not limited to, education, appropriate standard of care, and other matters specified by the board. Requires this advisory committee to make recommendations or guidance to BRN when BRN is considering disciplinary action against a NP. (BPC § 2837.102)

This bill deletes the requirement that the BRN receive permission from the Director of the DCA in order to form advisory committees.

Background

Regulatory programs within the jurisdiction of the DCA issue about 3.5 million licenses, certificates, and approvals to individuals and businesses in over 250 categories. DCA includes 38 entities: 26 boards, eight bureaus, two committees, one program, and one commission (hereafter “boards” unless otherwise noted). Collectively, these boards regulate more than 100 types of businesses and 200 different industries and professions. As regulators, these boards perform two primary functions:

• Licensing—which entails ensuring only those who meet minimum standards are issued a license to practice, and
• Enforcement—which entails investigation of alleged violations of laws and/or regulations and taking disciplinary action, when appropriate.

DCA boards are semiautonomous regulatory bodies with the authority to set their own priorities and policies and take disciplinary action on their licensees. DCA only has direct control and authority over bureaus.

BRN Committees. The BRN has a number of committees, some established in the Nursing Practice Act and some established by BRN. BRN members work through a committee structure with staff support to assess issues, set policy, and make enforcement decisions. BRN currently works through the following committees:

• Administrative Committee: proposes administrative policy, determines the need for an emergency meeting, and is consulted by the executive officer on day-to-day implementation or interpretation of BRN policy.
• Education/Licensing Committee: advises the BRN on matters relating to nursing education, including approval of nursing programs, curriculum changes, licensing examination pass rates, and other nursing education issues; “assures a job related, non-discriminatory examination by screening item development experts for the National Council”; advises the BRN on the development of examination related guidelines and procedures; monitors National Council of State Boards of Nursing correspondence; monitors the mandatory continuing education program; and receives recommendations from the Nurse-Midwifery Advisory Committee.
• Enforcement/Intervention Committee: advises and makes recommendations to the BRN on matters related to laws and regulations on intervention and discipline.
• Legislative Committee: provides information and makes recommendations to the BRN on matters relating to legislation affecting RNs.
• NP Advisory Committee (NPAC): Consists of four qualified NPs, two physicians and surgeons with demonstrated experience working with NPs, and one public member, and advises and makes recommendations to the BRN on all matters relating to NPs, including, but not limited to, education, appropriate standard of care, and other matters specified by the BRN. The committee also provides recommendations or guidance to the BRN when the BRN is considering disciplinary action against an NP.
• Nurse-Midwifery Advisory Committee (NMAC): Consists of four qualified certified nurse midwives (CNMs), two qualified physicians and surgeons, including obstetricians or family physicians, and one public member. Makes recommendations to the BRN on all matters related to midwifery practice, education, appropriate standard of care, and other matters as specified by the BRN. The committee also provides recommendations or guidance on care when the BRN is considering disciplinary action against a CNM.
• Nursing Practice Committee: advises the BRN on matters relating to nursing practice, including common nursing practice issues and advanced practice issues in the practice of CNMs, nurse anesthetists, and NPs. The committee also reviews all staff responses to proposed regulation changes that may affect nursing practice.

The BRN has also established two advisory/ad hoc committees and workgroups:

• Advanced Practice Registered Nursing (APRN) Advisory Committee: Established in 2017 and makes recommendations to the BRN, through the Nursing Practice Committee, on issues involving advanced practice by clarifying and articulating the sufficiency of the four APRN roles and recommend changes to the Nursing Practice Act, regulations, and policy, developing recommendations for joint statements related to the APRN scope of practice and functions, reviewing national trends in regulation of APRNs, and collaborating with other committees on matters of mutual interest. The committee consists of two CNSs, four NPs, two CNMs, and two nurse anesthetists. The BRN previously reported that it is evaluating the future of this committee, given that it has overlapping functions outlined in the statutory guidelines for the NPAC and NMAC. The BRN states that it understands the need for other advanced practice nursing and nursing specialties to continue to work on matters that affect their practice and, therefore, will evaluate and determine the appropriate next steps.
• Nursing Workforce Advisory Committee: Advises the BRN on current and projected issues affecting the nursing workforce and education in California and reviews and provides input on the BRN biennial registered survey instrument, Annual School Survey, and other research related to the RN workforce in California.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 5/13/25)

None received

OPPOSITION: (Verified 5/13/25)

None received

Prepared by: Sarah Mason / B., P. & E.D. / (916) 651- 4104

5/14/25 12:30:11

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2025 - 2026 Regular

Bill No: SB 773 Hearing Date: April 28, 2025

Subject: Board of Registered Nursing: advisory committees

SUMMARY:

Deletes the requirement that the Board of Registered Nursing (BRN) receive permission from the Director of the Department of Consumer Affairs (DCA) in order to form advisory committees.

Existing law:

1. Establishes the Department of Consumer Affairs (DCA) within the Business, Consumer Services, and Housing Agency. (Business and Professions Code (BPC) §§ 100 et seq.)
   
2. Establishes various boards, bureaus, and other entities within the jurisdiction of the DCA. (BPC § 101)
   
3. Establishes the BRN to provide for the licensure and regulation of the practice of nursing. (BPC §§ 2700 et seq.)
4. Authorizes BRN to form advisory committees with permission from the Director of DCA. (BPC § 2710.5)
5. Requires BRN to appoint a committee of qualified physicians and surgeons and nurses called the Nurse-Midwifery Advisory Committee. (BPC § 2746.2)
6. Establishes a Nursing Education and Workforce Advisory Committee tasked with soliciting input from approved nursing programs and members of the nursing and health care professions to study and recommend nursing education standards and solutions to workforce issues to BRN. (BPC § 2785.6)
7. Requires BRN to establish a Nurse Practitioner (NP) Advisory Committee to advise and make recommendations to BRN on all matters relating to NPs, including, but not limited to, education, appropriate standard of care, and other matters specified by the board. Requires this advisory committee to make recommendations or guidance to BRN when BRN is considering disciplinary action against a NP. (BPC § 2837.102)

This bill deletes the requirement that the BRN receive permission from the Director of the DCA in order to form advisory committees.

FISCAL EFFECT:

Unknown. This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. The Author is the Sponsor of this bill. According to the Author, “SB 773 is crucial for preserving the autonomy of the Board of Registered Nursing by allowing it to establish advisory committees without unnecessary delays or inefficiencies caused by current requirements for the Director of the Department of Consumer Affairs to approve. The existing law is outdated and no longer reflects current practices. By removing this outdated requirement, SB 773 will streamline the advisory committee process, allowing the BRN to operate more efficiently and respond more effectively to emerging challenges.”
2. Background. Regulatory programs within the jurisdiction of the DCA issue about 3.5 million licenses, certificates, and approvals to individuals and businesses in over 250 categories.

Within the DCA are 38 entities, including 26 boards, eight bureaus, two committees, one program, and one commission (hereafter “boards” unless otherwise noted). Collectively, these boards regulate more than 100 types of businesses and 200 different industries and professions. As regulators, these boards perform two primary functions:

• Licensing—which entails ensuring only those who meet minimum standards are issued a license to practice, and
• Enforcement—which entails investigation of alleged violations of laws and/or regulations and taking disciplinary action, when appropriate.

DCA boards are semiautonomous regulatory bodies with the authority to set their own priorities and policies and take disciplinary action on their licensees. DCA only has direct control and authority over bureaus.

BRN Committees. The BRN has a number of committees, some established in the Nursing Practice Act and some established by BRN. BRN members work through a committee structure with staff support to assess issues, set policy, and make enforcement decisions. BRN currently works through the following committees:

• Administrative Committee: proposes administrative policy, determines the need for an emergency meeting, and is consulted by the executive officer on day-to-day implementation or interpretation of BRN policy.
• Education/Licensing Committee: advises the BRN on matters relating to nursing education, including approval of nursing programs, curriculum changes, licensing examination pass rates, and other nursing education issues; “assures a job related, non-discriminatory examination by screening item development experts for the National Council”; advises the BRN on the development of examination related guidelines and procedures; monitors National Council of State Boards of Nursing correspondence; monitors the mandatory continuing education program; and receives recommendations from the Nurse-Midwifery Advisory Committee.
• Enforcement/Intervention Committee: advises and makes recommendations to the BRN on matters related to laws and regulations on intervention and discipline.
• Legislative Committee: provides information and makes recommendations to the BRN on matters relating to legislation affecting RNs.
• NP Advisory Committee (NPAC): Consists of four qualified NPs, two physicians and surgeons with demonstrated experience working with NPs, and one public member, and advises and makes recommendations to the BRN on all matters relating to NPs, including, but not limited to, education, appropriate standard of care, and other matters specified by the BRN. The committee also provides recommendations or guidance to the BRN when the BRN is considering disciplinary action against an NP.
• Nurse-Midwifery Advisory Committee (NMAC): Consists of four qualified certified nurse midwives (CNMs), two qualified physicians and surgeons, including obstetricians or family physicians, and one public member. Makes recommendations to the BRN on all matters related to midwifery practice, education, appropriate standard of care, and other matters as specified by the BRN. The committee also provides recommendations or guidance on care when the BRN is considering disciplinary action against a CNM.
• Nursing Practice Committee: advises the BRN on matters relating to nursing practice, including common nursing practice issues and advanced practice issues in the practice of CNMs, nurse anesthetists, and NPs. The committee also reviews all staff responses to proposed regulation changes that may affect nursing practice.

The BRN has also established two advisory/ad hoc committees and workgroups:

• Advanced Practice Registered Nursing (APRN) Advisory Committee: Established in 2017 and makes recommendations to the BRN, through the Nursing Practice Committee, on issues involving advanced practice by clarifying and articulating the sufficiency of the four APRN roles and recommend changes to the Nursing Practice Act, regulations, and policy, developing recommendations for joint statements related to the APRN scope of practice and functions, reviewing national trends in regulation of APRNs, and collaborating with other committees on matters of mutual interest. The committee consists of two CNSs, four NPs, two CNMs, and two nurse anesthetists. The BRN previously reported that it is evaluating the future of this committee, given that it has overlapping functions outlined in the statutory guidelines for the NPAC and NMAC. The BRN states that it understands the need for other advanced practice nursing and nursing specialties to continue to work on matters that affect their practice and, therefore, will evaluate and determine the appropriate next steps.
• Nursing Workforce Advisory Committee: Advises the BRN on current and projected issues affecting the nursing workforce and education in California and reviews and provides input on the BRN biennial registered survey instrument, Annual School Survey, and other research related to the RN workforce in California.

SUPPORT AND OPPOSITION:

Support:

None received

Opposition:

None received

-- END --