Turnbull, K.

English

University of San Diego

REGULATORY AGENCY ACTION 1a registered engineer may place a noteon engineering plans, specifications,reports, or documents, which states thatthe use of asbestos is required by theentity and specified in the plan, butthat the engineer will not be responsi-ble for the use or specificaion ofasbestos. If such a note is used, theengineer or engineering firm would notbe responsible or liable for injuryoccurring from the use or specificationof use of asbestos.RECENT MEETINGS:At its January 23 meeting, the Boardapproved a recommendation from theSoil Engineer Technical Advisory Com-mittee to change the certification of soilengineers to "geotechnical engineer."The commonly-used term "soil engineer"is viewed as a misnomer, and the pre-ferable term "geotechnical engineer" isa more precise description of the pro-fession. As a result, all Board literaturewill reflect the name change.At the Board's meeting in Los Angel-es on February 27, Joel Lubin of CSPEspoke on proposed legislation whichwould require an applicant to have eightyears of qualified experience as anengineer before being permitted to takethe exam. Similar legislation, SB 2184(Greene), was vetoed by Governor Deuk-mejian in 1986.Larry Dolson, a public member ofthe Board, expressed discontent overNCEE's grading practices. Repeatedly,the Board has complained to NCEEabout the unreasonable amount of timeit takes NCEE to regrade the exams ofapplicants who pursue the appealsprocess. Often applicants simply retakethe exam on the next scheduled datebecause it is faster than waiting for theresults of the regrading process. Dolsonstated that this problem renders theappeals process useless. While NCEEcomplains of understaffing, Dolsonsuggested that the Board discuss alter-natives to the present appeals process.FUTURE MEETINGS:To be announced.BOARD OF REGISTEREDNURSINGExecutive Officer: Catherine Puri(916) 322-3350The Board of Registered Nursing(BRN) licenses qualified RNs, certifiesqualified nurse midwifery applicants,establishes accreditation requirementsfor California nursing schools andreviews nursing school curricula. Amajor Board responsibility involvestaking disciplinary action againstlicensed RNs.The nine-member Board consists ofthree public members, three registerednurses actively engaged in patient care,one licensed RN administrator of anursing service, one nurse educator andone licensed physician. All serve four-year terms.The Board is financed by licensingfees, and receives no allocation from thegeneral fund. The Board is currentlystaffed by 56 people.MAJOR PROJECTS:Mobile Intensive Care Nurses. TheBoard has received requests from mobileintensive care nurses (MICN) and nurseadministrators for an opinion on theproposed regulations of the EmergencyMedical Services Authority concerningthe scope of practice, education, andapproval of MICNs. The Nursing Prac-tice Committee is concerned that theproposed regulations may be beyondthe authority granted by the enablinglegislation, Health & Safety Code(Emergency Medical Services), section1797 et seq. The Board will send a letterto the EMS Authority and will meetwith MICN representatives to discussmutual concerns. In addition, theNursing Practice Committee will draft aposition statement to be presented at afuture Board meeting.Implementation of Orders by RNs.At its November meeting, the Boardadopted a policy statement regardingthe relationship of nurses to mid-levelpractitioners (see CRLR, Vol. 7, No. 1(Winter 1987) p. 59). At the Board'sJanuary meeting, it was suggested thatthe statement be revised to explicitlyaddress transmitted orders from mid-level practitioners and to encouragecollaborative relationships betweenphysicians and nurses. The revision wasaccepted by the Board and the policystatement will be sent to interestedparties, including mid-level practition-ers. (For further discussion of this issue,see supra agency report on PHYS-ICIAN'S ASSISTANT EXAMININGCOMMITTEE.)Regulations. A regulatory hearingwas held on March 11 in Sacramentoregarding the fees to be charged by theBoard pursuant to Statutes of 1986,Chapter 493 (AB 4372). (See CRLRVol. 7, No. I (Winter 1987) p. 59.) Thenew legislation requires the Board tocertify those, nurse practitioners whofurnish drugs and devices and havesatisfied the statute's requirements. TheBoard proposed an application fee of$50, a certification fee of $30, and a laterenewal penalty of $15.LEGISLATION:AB 87 (Agnos) would permit thedisclosure of AIDS blood test results tothe test subject, the subject's legalrepresentative, the health care provider,and other specified agents or employeesof the health care provider. The Boardbelieves that nurses in direct patientcare have a right to know if a patienthas tested positive, and thus supportsthis bill in concept.A B 985 (Vasconcellos) would declarethat a separate category of licensed laymidwives should be established in theDepartment of Consumer Affairs, andthat legislation is required to establishthe educational requirements, scope ofpractice, and practice arrangements ofthis category of birthing providers. TheBoard has adopted a neutral position.SB 200 (Roberti) would specify thatthe Bagley-Keene Open Meetings Actand the Brown Open Meetings Act shallnot be construed to prevent a state orlocal body from holding a closed sessionto confer with its legal counsel regardingpending litigation when discussion inopen session would be prejudicial. Thebill would also require legal counsel tosubmit a memorandum specifying therationale and statutory authority for theclosed session. The Board has adopted awatch position.SB 202 (Montoya) is a reintro-duction of SB 2333, which would haveestablished the Professional LiabilityInsurance Fund and was referred tointerim study during the last legislativesession. (See CRLR Vol. 6, No. 4 (Fall1986) p. 41.) The Board opposes thisbill.SB 331 (Presley) would create acategory of health facilities known ascorrectional treatment facilities, whichwould be operated by the Departmentof Corrections, Department of theYouth Authority, or a city or countylaw enforcement agency. The bill wouldalso require the Department of Cor-rections and the Youth Authority tojointly study, in consultation with theBRN and other groups, the difficultiesin recruitment and retention of nurses.The Board will watch this bill.SB 478 (Watson) would establish theMinority Health Professions EducationFoundation, which would be authorizedto solicit and receive private funds andmake recommendations to the Office ofStatewide Health Planning and Develop-The California Regulatory Law Reporter Vol. 7, No. 2 (Spring 1987)JREGULATORY AGENCY ACTIONment regarding the disbursement offunds to underrepresented minoritygroups. While the bill refers to nurses,the initial allocation of funds does notinclude people enrolled or accepted intonursing schools. The Board will supportthis bill if amended to provide alloca-tion of funds in proportion to demon-strated need of the professions.RECENT MEETINGS:At its January meeting in Los Angel-es, the Board voted to approve the clin-ical experience guidelines suggested bythe Education Committee. Since somenursing programs do not have sufficientaccess to clinical facilities, a minimumamount of time required in each areahas been established in accordance withsection 1426(d), Chapter 14, Title 16,California Administrative Code. TheBoard agreed that no less than 60 hoursmust be spent in each required clinicalarea and the program may use up to25% of each clinical rotation in a sim-ulated situation.FUTURE MEETINGS:May 21-22 in Sacramento.July 23-24 in San Francisco.September 17-18 in Los Angeles.November 19-20 in San Francisco.BOARD OF CERTIFIEDSHORTHAND REPORTERSExecutive Officer: Richard Black(916) 445-5101The Board of Certified ShorthandReporters (BCSR) licenses and dis-ciplines shorthand reporters, recognizescourt reporting schools and administersthe Transcript Reimbursement Fund,which provides shorthand reportingservices to low-income litigants other-wise unable to afford such services.The Board consists of five members,three public and two from the industry,who serve four-year terms. The twoindustry members must have been active-ly engaged as shorthand reporters inCalifornia for at least five years immedi-ately preceding their appointment.MAJOR PROJECTS:Examinations. The Board of Certi-fied Shorthand Reporters, in pursuingits plans to formally validate its exam-inations, has received a proposal fromthe Department of Consumer Affairs'Central Testing Unit (CTU) to validatethe Professional Practice portion of theCSR exam. (See CRLR Vol. 7, No. 1(Winter 1987) p. 59.) After receipt of theCTU's proposal concerning validationof the English portion of the exam, theBoard will negotiate with the CTU forits services regarding this year-longproject, scheduled to begin July 1, 1987.Because of concern over examinationsecurity, the Board is developing a newprocedure for identification of personssitting for the CSR exam. Prior to beingadmitted, examinees will be required toshow their Final Notice of Examinationwith a passport-type photograph attach-ed, and an "approved" photo identifi-cation which has the applicant'sphotograph permanently attached. Thisnew procedure will be in effect for theMay examination.At its February meeting, the Boardreaffirmed its decision not to offer aninterim examination for those applicantswho must retake the written knowledgeportion of the exam. Mr. Richard Black,Executive Office of BCSR, reiteratedhis major objections, including lack ofstaff resources to organize and adminis-ter the exam, the additional pro-gramming expenses created by giving aninterim exam, and the possible examsecurity problems caused by a smallpool of examination questions. Aninterim exam will not be offered, atleast until the test validation processis completed and new test items havebeen created.Citation and Fine Program. Withthe enactment of SB 2335 (Chapter 1379,Statutes of 1986), most of the regulatoryagencies within the Department of Con-sumer Affairs now have the authority toestablish systems for the issuance ofadministrative citations and the im-position of administrative fines. Anysuch system established pursuant to theprovisions of SB 2335 must be estab-lished by regulation. The Board's legalcounsel, Barbara King, has suggestedthat the citation and fine concept is bestsuited to addressing licensee conductwhich is easily defined. The Board hasdirected the staff to develop suggestionsas to which statutory provisions mightbe most amenable to establishment of acitation and fine system. The staff willgive its report at the June Boardmeeting.Executive Officer Position. Pursuantto Section 8005 of the Business andProfessions Code, the Board's requestto increase the position of the ExecutiveOfficer to full-time status was approvedand will take effect July 1, 1987.RECENT MEETINGS:At the February board meeting, Mr.Black informed Board members of plansto publish a consumer informationbrochure concerning the Board and theprofession. This brochure will bedesigned and ready for publication atthe beginning of the next fiscal year.FUTURE MEETINGS:May 8-9 in San Francisco.June 27 in San Diego.STRUCTURAL PESTCONTROL BOARDExecutive Officer: Mary LynnFerreira(916) 924-2291The Structural Pest Control Board(SPCB) licenses structural pest controloperators and field representatives. Thelatter can function only under a licensedoperator and secure pest control workfor the operator. Each structural pestcontrol firm is required to have onelicensed operator, regardless of thenumber of branches the firm operates.A licensed field representative can alsohold an operator's license.Licensees are classified as: (1)Branch 1, Fumigation, the control ofhousehold and wood-destroying pestsby fumigants (tenting); (2) Branch 2,General Pest, the control of generalpests without fumigants; or (3) Branch3, Termite, the control of wood-destroy-ing organisms with insecticides, but notwith the use of fumigants, and includingauthority to perform structural repairsand corrections. An operator can belicensed in all three branches, but moreoften will limit the variety of his or herexpertise for purposes of efficiency andsubcontract out to other firms.SPCB also issues applicator certifi-cates. These otherwise unlicensed indi-viduals, employed by licensees, arerequired to take a written exam onpesticide equipment, formulation, appli-cation and label directions if theyapply pesticides. Such certificates arenot transferable from one companyto another.SPCB is comprised of four publicand three industry representatives.MAJOR PROJECTS:Consumer Complaints. Board policyrequires that a consumer with a com-plaint against an SPCB licensee/registered company attempt to resolvethe complaint with the licensee prior toseeking Board assistance. If the con-sumer's attempt to work out thegrievance with the licensee fails, theconsumer may subsequently file a com-plaint with the Board's office.The California Regulatory Law Reporter Vol. 7, No. 2 (Spring 1987)

Board of Registered Nursing

16 REGULATORY AGENCY ACTIONspiration. Stress analysis is not regulatedunder the Polygraph Examiner's Act.FUTURE MEETINGS:To be announced.BOARD OF REGISTRATIONFOR PROFESSIONALENGINEERS AND LANDSURVEYORSExecutive Officer: G. Harrison Hilt(916) 920-7466The Board of Registration for Profes-sional Engineers and Land Surveyorsregulates the practice of engineering andland surveying through its administra-tion of the Professional Engineers Actand the Land Surveyors Act.The basic functions of the Board areto conduct examinations, issue certifi-cates and/or licenses and appropriatelychannel complaints against its licensees.The Board is additionally empowered tosuspend or revoke certificates or licenses.On a routine basis, the Board considersthe proposed decisions of administrativelaw judges who hear appeals of appli-cants who are denied registration andlicensees who have had their licensessuspended or revoked for violations.The Board consists of thirteenmembers: seven public members, onelicensed land surveyor, four registeredpractice act engineers and one title actengineer. Eleven of the members areappointed by the Governor for four-yearterms which expire on a staggered basis.One public member is appointed by theSpeaker of the Assembly and one by theSenate President pro Tempore.The Board has established sevenstanding committees dealing with landsurveying and the various branches ofengineering. These committees, eachcomposed of three Board members,approve or deny applications for exam-inations and register applicants who passthe examinations. Their actions musthave the approval of the entire Board,which is routinely forthcoming.Professional engineers are nowlicensed through the three Practice Actcategories of civil, electrical and mechan-ical engineering under section 6730 ofthe Business and Professions Code, andthe Title Act categories of agricultural,chemical, control system, corrosion, fireprotection, industrial, manufacturing,metallurgical, nuclear, petroleum, qual-ity, safety, and traffic engineering.Structural engineering and soil engi-neering are linked to the civil PracticeAct and require an additional examina-tion after qualification as a PracticeAct engineer.MAJOR PROJECTS:NCEE. The Board has proposed to theNational Council of Engineering Exa-miners (NCEE) that exam applicants begiven an opportunity to review theirexams and learn from their mistakes.The Board believes such review is animportant learning tool for examinees.Consumer Pamphlet. A plainlanguage pamphlet has been publishedand is available to the public uponrequest. This pamphlet is meant to facili-tate understanding of Board rules andregulations.Photogrammatist's Examination. Anorganization representing photogram-matists has requested that a separatelicensing exam be administered to photo-grammatists. Currently, these individu-als are required to sit for professionalengineers or land surveyors exams forlicensure. This proposal has been sentto committee.Public Forum. A public informationforum was held on November 13. Theobjective of the forum was to provide anarena whereby the public could voiceconcerns, complaints, and suggestionsto the Board. Similar forums will bescheduled for the future.RECENT MEETINGS:On December 15, the Board held apublic hearing on the controversial pro-posed section 445, Title 16, Chapter 5 ofthe California Administrative Code,which addresses the examination require-ments for professional engineers. Theexamination is in three parts. Part Atests the applicant's ability to applyengineering knowledge and experience.Part B tests the applicant's knowledge ofstate law and Board regulations. Part Cof the examination, applicable only tocivil engineers, tests the applicant'sknowledge of seismic principles andengineering surveying principles. Underthe proposed rule, Parts A and C wouldbe administered under proctored condi-tions and Part B would be a take-homeexam. Applicants for registration in allbranches of professional engineeringmust achieve passing scores in PartsA and B before the applicant qualifiesfor registration. Prospective civil engi-neers must pass Part C as well beforeregistration.Proposed section 445 also providesthat an examinee who fails any part ofthe examination may retake that partwithout having to retake the other sec-tions. An applicant may retake portionsof the exam only once per year, with amaximum of two refile applications.Parts B and C are required by SB 128(Montoya), which was signed by theGovernor in 1985. The present controv-ersy involves when and how to adminis-ter Part C. Initially, it was proposed thatPart C be a take-home exam. Duringvigorous discussion of this issue, theBoard's Civil Engineers Technical Advi-sory Committee (CETAC) rejected thatsuggestion and proposed that Parts Aand C be administered as a two-dayproctored examination. Others voicedcomplaints about the cost to applicantsof a two-day exam, and favored a take-home exam. The Board referred thisissue to its Examination and Qualifica-tions Committee for further discussionand recommendations. The Board hasalso drafted a letter to Senator Montoyarequesting further information on theintent of SB 128.Lastly, a member of the public,Robert Hoerger, requested that theBoard comply with the Permit ReformAct of 1981, section 15378, which pro-vides that agencies must adopt regula-tions establishing an appeal processthrough which an applicant may appealdirectly to the secretary or agency headfor a timely resolution of any disputearising from a violation of maximumtime limits for processing license applica-tions. The Board is addressing this prob-lem and is in the process of formulatingsuch regulations.FUTURE MEETINGS:To be announced.BOARD OF REGISTEREDNURSINGExecutive Officer: Catherine Puri(916) 322-3350The Board of Registered Nursing(BRN) licenses qualified RNs, certifiesqualified nurse midwifery applicants,establishes accreditation require-ments for California nursing schoolsand reviews nursing school curricula.A major Board responsibility involvestaking disciplinary action againstlicensed RNs.The nine-member Board consists ofthree public members, three registerednurses actively engaged in patient care,one licensed RN administrator of anursing service, one nurse educator andone licensed physician. All serve four-year terms.The Board is financed by licensingfees, and receives no allocation from theThe California Regulatory Law Reporter Vol. 7, No. I (Winter 1987)REGULATORY AGENCY ACTION 61general fund. The Board is currentlystaffed by 56 people.MAJOR PROJECTS:Minority Nurse Task Force. TheNursing Practice Committee of the BRNand representatives of minority nursingorganizations formed a task force andmet in September to discuss the possibil-ity of seeking legislation which wouldattract minority groups to the fieldof nursing through scholarship funds,consulting services, and recruitmentand retention programs. (See CRLRVol. 6, No. 4 (Fall 1986) p. 52.) TheAdministrative Committee of the BRNrecommended that the task force meetquarterly and that a smaller subcommit-tee meet more frequently to assist theLegislative Committee regarding minor-ity issues.Standardized Procedure Survey. Thefinal report on the 1985 BRN survey waspresented at the November meeting. Thesurvey results indicate that there is acommon lack of understanding amongsurvey respondents regarding when astandardized procedure is required.Many respondents, particularly thosewho had not attended any standardizedprocedures workshops, indicated thatthey use standardized procedures foractivities which do not, in fact, requiretheir use. Many respondents also dem-onstrated a lack of familiarity with theNursing Practice Act (section 2700 of theBusiness and Professions Code). TheBRN staff recommended continued edu-cational activities regarding the useof standardized procedures and theNursing Practice Act. Workshops andnewsletter articles were suggested as ameans of disseminating the information.The groups of nurses in great need ofinformation and guidance include nursesin advanced practice and nurses workingin outpatient settings, such as correc-tional institutions.RECENT MEETINGS:BRN staff proposed a fee schedule tocover all necessary costs of implement-ing AB 4372 (Isenberg), the furnishingand dispensing bill (see CRLR, Vol. 6,No. 4 (Fall 1986) p. 53). The staff sug-gested an application fee of $50, a rene-wal fee of $35, and a late penalty of $150.The proposed fees and appropriatejustification will be forwarded to theDepartment of Consumer Affairs forreview and approval. A notice of pro-posed regulations was published in Jan-uary, and a public hearing is tentativelyscheduled for March, 1987.A regulatory hearing was held onOctober 30, and the Board subsequentlyadopted clean-up regulations in the fol-lowing areas: repeal of section 1404,Chapter 14, Title 16 of the CaliforniaAdministrative Code, which duplicatesinformation found in other sections ofthe code; amendment of section 1412 toreflect the current passage standards forthe GED exam used by the state Depart-ment of Education; repeal of section1416, which contains obsolete informa-tion regarding applicant re-examination;and amendment of section 1419.4regarding issuance of duplicate licensesand reference to an incorrect fee. Thefinal rulemaking file is being preparedby BRN staff and will be forwardedto the Office of Administrative Lawfor approval.The Board scheduled a January 13hearing in Sacramento on its proposedamendment of sections 1424, 1425, and1426 of Chapter 14, Title 16 of the Cali-fornia Administrative Code. The areasunder consideration include the admin-istration and organization of nursingprograms, reporting qualifications andchanges in teaching areas of facultymembers, faculty responsibilities regard-ing academic counseling, and additionsto the required curriculum which wereinadvertently deleted.The Board unanimously adopted theDiversion/ Discipline Committee'srecommendation regarding the relation-ship of nursing to mid-level practionersof medicine. The Committee reaffirmedthat registered nurses are legally respon-sible for all orders they implementregardless of the order's source. Thenurse must know who has legal authorityto give direction for patient care; clarifyany order that is unclear, seems inappro-priate, or changes the course of patientcare; be an advocate for the patient; andensure that the patient receives legallysafe and timely medical care.The Board voted to support a pro-posed change in NCLEX score report-ing. The National Council of StateBoards of Nursing is concerned aboutthe use of passing (numerical) scores byemployers and schools to make hiringdecisions. The NCLEX is designed tomake pass/fail decisions about medicalreadiness for practice, not to identifyoutstanding abilities.FUTURE MEETINGS:March 19-20 in San Diego.May 21-22 in Sacramento.July 23-24 in San Francisco.September 17-18 in Los Angeles.November 19-20 in San Francisco.BOARD OF CERTIFIEDSHORTHAND REPORTERSExecutive Officer: Richard Black(916) 445-5101The Board of Certified ShorthandReporters (BCSR) licenses and disci-plines shorthand reporters, recognizescourt reporting schools and administersthe Transcript Reimbursement Fund,which provides shorthand reporting ser-vices to low-income litigants otherwiseunable to afford such services.The Board consists of five members,three public and two from the industry,who serve four-year terms. The twoindustry members must have been active-ly engaged as shorthand reporters inCalifornia for at least five years im-mediately preceding their appointment.MAJOR PROJECTS:Examinations. The Certified Short-hand Reporters (CSR) examination wasadministered to 385 candidates inNovember. The results of the two-dayexam indicate a 30% passage rate over-all, with a 40% passage rate for first-timeexaminees.The BCSR has adopted the followingexam policy statement: "The CertifiedShorthand Reporters Board desires toreassess what important job skills andknowledge are needed by a competententry level shorthand reporter and toinsure that its tests cover these areas."In implementing this policy, the Boardexpressed an interest in formally validat-ing its examinations. Such validationwould insure that the examination isfair, and also that it would be defensiblein any test-related litigation.The Board heard a presentation by atest program analyst from the Depart-ment of Consumer Affairs' Central Test-ing Unit (CTU) concerning serviceswhich the CTU could provide to theBoard. This presentation emphasizedthat the CSR examination should beclearly job-related and referenced to anappropriate criterion. Validating a testrequires defining job elements andmeasuring their relative importance. Val-idation usually involves conducting anoccupational analysis, which wouldrequire (1) recruiting "subject-matterexperts" from the trade and the schoolsto define job tasks and the knowledge,skills, and abilities needed to carry themout; (2) asking other experts to rate thetasks as to relative significance; and (3)surveying recent licensees with regard tohow frequently they perform each task.The Board has asked a subcommittee toreview two previously-conducted occu-pational analysis studies (one by theThe California Regulatory Law Reporter Vol. 7, No. 1 (Winter 1987)

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Board of Registered Nursing

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