Published
Wanted to get your thoughts on AB890. Here is a response from AANP.
The California Assembly voted to advance Assembly Bill 890 (AB 890) to the Senate on Tuesday, January 28. AANP has very serious concerns about the effects the bill would have on NP practice and patient care. At this time, AANP cannot support AB 890.
The current version of the bill moves NPs away from core principles and national standards for NP regulation. As amended, the bill moves NP regulation out of the Board of Registered Nursing, creates a new regulatory board that includes physician oversight, regulates NPs by setting, establishes new barriers and would disproportionately impact NP business owners and NP practices.
Here is a more detailed summary of the current version:
The bill does not remove physician supervision and standardized procedures for NP practice from all the necessary statutes that exist in California law. For example, under California law, a pharmacist may only dispense prescriptions written by NPs pursuant to requirements for NP prescribing within a standardized procedure. The current bill does not address this or similar types of issues.
The bill moves regulation of NP practice outside of the Board of Nursing to a new APRN board that includes physician oversight. In 2008 the APRN Consensus Model and over 40 Nursing organizations called for regulation of APRN practice to be exclusively under the state board of nursing. As amended, AB 890 would remove one of the few existing elements where California is currently well-positioned and in alignment with national standards.
AB 890 establishes a minimum transition to practice period of 3-years or 4,600 hours of "additional clinical experience and mentorship provided to prepare a nurse practitioner to practice without the routine presence of a physician and surgeon" for NPs providing patient care functions without standard procedures.
NPs would also be required to hold national NP certification, pass supplemental state examinations if required by the APRN Board, document specific education standards, and practice within physician-linked select settings. NPs who do not meet these criteria would remain under standardized procedures.
NPs outside of the specified physician-linked settings, such as NPs who own their own practices or work in NP offices, would be required to (1) meet the above clinical experience, certification, education and examination requirements, (2) hold an MSN or DNP degree, (3) complete an additional three years in practice beyond the 3-year or 4,600 hours transition period, and (4) have a plan for patient referral to a physician or surgeon. These regulatory burdens on NP businesses will significantly interfere with expanding access, opening new practices and clinics, and inhibit NP-businesses' ability to hire new NPs.
AB 890 would mandate the state to complete an occupational analysis of NP functions and determine whether the competencies required align with competencies tested by national NP certification boards. Based on that analysis, the new APRN Board could develop and require supplemental state examinations prior to authorizing an NP to provide the patient care functions without standardized procedures. This is an unnecessary expense to the state, inconsistent with the APRN Consensus Model, and creates a new barrier. National certification boards already undertake such reviews and align competencies with examination.
Adds new language to establish additional regulation of education program standards and requirements for clinical practice hours.
Require NPs to notify patients that NPs are not physicians or surgeons.
Require NPs use the standard phrase of "enfermera especializada." to describe the NP role to Spanish-speaking patients. Direct translation is "skilled nurse" or "specialized nurse".
Narrows and limits NP voting powers on committees, departments from the prior version of the bill.
Adds the new APRN Board to the peer review and reporting sections of the bill.
The current version of AB 890 does not contain provisions that would exempt or "grandfather" currently licensed NPs from any new education, examination or practice hour requirements developed by the new APRN Board established by the bill.
Across the country AANP is seeing a concerted effort on the part of organized opposition to move NP regulation away from the core principles of the APRN Consensus Model and push for physician regulatory oversight of the NP profession, base permission for an NP to practice on where NPs are employed or a practice setting, establish multiple years of residency-like supervised practice and create additional regulations that target NP businesses. It is concerning to see these elements in the current version of AB 890.
AANP knows that some states are able to make larger changes all at once and other states will need to take smaller, incremental steps. AANP has supported both types of progress. AANP will continue to dialog with our partners on the ground and look for opportunities to champion meaningful change that improves patient access to NP care. We will continue to inform California members of further developments as the bill moves forward.
Thank you @thinbluelineRNfor posting this re-cap. I am a DNP student (non-FNP) and I am looking into doing a project with AB 890. I have read the bill and it seems a bit hodge-podge. It still has to go through the Senate and if there are any revisions it will have to go back to the Assembly. It will need to pass by 8/31/20, and with the COVID-19 situation it will be interesting to see what happens (recesses, etc.). There is some strong opposition and I personally do not think it is well written, and is still very limiting to NPs.
What do you all think would be helpful at moving this forward? Is it the legislators or the political pull of the CMA that is the block? What would you like to see in a bill?
The author, Jim Woods, is a dentist and assembly member but I believe front-line NPs should be at the table for writing a bill like this. It's interesting that CA tends to have progressive health bills that pass quite frequently, yet it is the last state in the West to have restricted practice for NPs.
On 4/12/2020 at 8:56 AM, Lienio Desouza said:I totally agree with you. I hope the senate vote in favors of us. Iam waiting to this bill to be approved because I am going to open my own practice.
Based on the new bill, nurse practitioners cannot have their own practice without a physician working at the practice.
Correct me if I’m wrong.
4 hours ago, chosen50 said:Based on the new bill, nurse practitioners cannot have their own practice without a physician working at the practice.
Correct me if I’m wrong.
That's what it looks like to me, too. I'm kind of confused by what this bill actually does. They keep talking about standardized procedures. What does this bill actually mean, in plain English? Does anyone understand? Thank you
We've discussed this at work in the past but it seems like the language and content of the bill has been amended multiple times. In short, the bill eliminates the need for standardized procedures which we NP's are required to have currently. Our institution feels like this is a positive step in getting rid of one roadblock in on-boarding NP's though to be honest it's just a simple document that is signed by both an NP and physician really.
In reality, we won't really be independent in the hospital as we are supposed to still work in a team-based model. It would allow NP's in the community to set up their own practice or join a group primary care practice as an independent provider. The bill previously asked for the creation of a Board of Advanced Practice Nursing but it seems that's no longer in the text, rather, the current BRN will continue to oversee NP practice.
1 hour ago, jfmDNP said:What exactly does “complete an additional three years in practice beyond the 3-year or 4,600 hours transition period” mean?
Is it six years total of supervised practice before being eligible to practice independently?
I have no idea. I don't understand the way this bill is written
1 hour ago, FullGlass said:I have no idea. I don't understand the way this bill is written
It seem like this is going to create more regulation that is still up in the air at the moment. Basically, the BRN is supposed to create a Nurse Practitioner Advisory Committee (composed of 4 NP's and 2 MD/DO) who will establish the guidelines. In order to become independent based on the rules established by the committee (with 3 years of experience or 4600 hours named as a criteria), NP's would apply for this "independent" privilege individually. There might have been something in the language that states that an examination may be mandated but who's to say that the national exam we all took would suffice. I agree that it's very unclear and even if the governor signs it, the timeline for 2023 requires a lot of implementing guidelines not ironed out yet.
Focus on SEC. 4 Article 8.5 for requirements to be certified as independent NP.
It sounds to me that independent practice will require at least ~5-6 years of total NP experience: 3 years as NP in good standing not inclusive of Transition to Practice (Section 2837.104), and 3 years (4600 hrs) of "Transition to Practice" (defined as...additional clinical experience and mentorship provided to prepare a nurse practitioner to practice independently.) (Section 2387.101, subdivision c).
* Transition to Practice must be completed in CA. I'm not sure how this "transition to practice" experience is different from traditional MD-supervised experience.
There also will be an "occupational analysis" (due by 2023) that will evaluate whether the current certification exams match the competencies needed for NP practice. If the analysis shows a gap, the board can development supplemental exams that validate competencies (Section 2837.105).
This bill is useless and doesn't give us independence at all. The California BON has one older NP certificate nurse on it, no real advanced practice representation. The BON does not care about any APRN, possibly because we don't pay union dues.
This bill does not allow independence unless you work in a physician owned practice, which of course isn't independence at all, and like the OP said, sets up that physicians are heavily involved in a totally different profession. It seems to continue the archaic hierarchical structure rather than embracing team-led care, which is how healthcare is evolving.
I'm completely surprised the CANP supports this bill in its current state. Major organizations no longer support it.
I've been fairly confused since I graduated in 2005 why the courts allow the organized medical lobby to have any say whatsoever over what happens in a different profession. Probably, again, something to do with unions and a lot of money.
Despite decades of evidence and nearly half of the states having full independence with excellent outcomes, the lobbying groups "convince" the state legislature to restrain trade.
AANP President has this to say:
“California’s so-called ‘solution,’ the flawed AB-890, would establish a cascading set of new restrictions on NP practice that would maintain California’s position among the most heavily regulated and restrictive in the nation,” Thomas said.
Lienio Desouza, DNP, NP
5 Posts
I totally agree with you. I hope the senate vote in favors of us. Iam waiting to this bill to be approved because I am going to open my own practice.