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Discussion

Illegal immigrant nurses can now be licensed in California

Am I reading this right? The bill is SB 1159, which looks like it passed to me when I look it up on the California legislature website -- with the following language:

"SEC. 2. Section 135.5 is added to the Business and Professions Code, to read: 135.5. (a) The Legislature finds and declares that it is in the best interests of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by all licensing acts of entities within the department, and therefore enacts this section pursuant to subsection (d) of Section 1621 of Title 8 of the United States Code. (b) Notwithstanding subdivision (a) of Section 30, and except as required by subdivision (e) of Section 7583.23, no entity within the department shall deny licensure to an applicant based on his or her citizenship status or immigration status. © Every board within the department shall implement all required regulatory or procedural changes necessary to implement this section no later than January 1, 2016. A board may implement the provisions of this section at any time prior to January 1, 2016."

This story was in the LA Times last year regarding this bill:

California bill would ease professional licensing rules for immigrants - LA Times

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Interesting.

From reading the article this rule will not only apply to nursing, but other licensed professionals. So plumbers, electricians, MDs, RTs, PTs etc.

I would imagine the various boards would assure that these folks have the proper schooling etc and thus will lead to a larger pool of potential applicants for jobs. This will be quite a boon for the businesses. I say this because I know the facility I work at is always looking for people who speak different languages - Spanish and Vietnamese the two largest sought out.

  • Expert

Yes -- looks like it passed and Gov. Brown signed it into law in September 2014. How appalling.

I swear between New York and California the United States will all turn into Detroit within a few more generations.

This dog of a bill was proposed and made law in California as part of the larger Democratic agenda to bypass Congress on immigration reform.

It began when an illegal immigrant who attended law school in CA sued that state because then laws required him to be a legal resident or citizen to be admitted to the bar. The rest you can read here: Immigrants without legal status able to apply for professional licenses in CA | 89.3 KPCC

It really won't make much difference one way or the other.

Even if a nurse did have a California license, she would be extremely limited occupationally. Federal law requires,In order to secure employment, that the applicant provides documented proof that he/she is legally authorized to work in the U.S.

and as this is federal, the state can't over rule this.

  • Expert
It really won't make much difference one way or the other.

Even if a nurse did have a California license, she would be extremely limited occupationally. Federal law requires,In order to secure employment, that the applicant provides documented proof that he/she is legally authorized to work in the U.S.

and as this is federal, the state can't over rule this.

But what federal law requires, and what employers do, can be two different things. Perhaps not so much with the big employers, but the smaller, "colloquial" employers, will hire just the kind of employee that suits their purpose.

Illegal immigrants have been working in the US forever. So far they've only been "allowed" to work in lower paid jobs.

Licensed professionals need to be afraid. It might only be in CA now, but that's how societal changes occur.

I wonder why we haven't heard any outrage from the ANA.

It began when an illegal immigrant who attended law school in CA sued that state because then laws required him to be a legal resident or citizen to be admitted to the bar.

Was it (THAT) unreasonable??

  • Expert
It really won't make much difference one way or the other.

Even if a nurse did have a California license, she would be extremely limited occupationally. Federal law requires,In order to secure employment, that the applicant provides documented proof that he/she is legally authorized to work in the U.S.

and as this is federal, the state can't over rule this.

Yes, there is still that -- a license and a job are two different things.

With regards to the higher percentage of nurses coming from the Philippines, there's been very little that have been able to either apply for the initial licensure or from the endorsement process since November 2011.

This is not a brand new rule by the CA BRN but rather from one established since 1987 under the concurrency regulations and was simply being enforced as of the Nov. 2011 date till present.

The strict enforcement has forced many applicants to require that they re-take certain deficient courses or re-take the entire nursing program. The offering of the deficient courses being conducted by the various CA schools must still met with the CA BRN requirements and should be taken from the CA BRN approved list of schools.

These schools are very limited with many costing up to $14,000 for a few months and spaces for them are so limited, the waiting list can range from 2-3-4 years. However, the CA BRN has a 3 year completion deadline from the initial application date to submit the deficient courses (usually MS-OB courses and clinicals) and can be extended into 2 other classes or more, but if not provided with the certificate or transcripts showing the courses were completed, the application will be considered "abandoned" with no refund of the application fees.

Here's a brief outline of the situation in this other link:

https://allnurses.com/nurse-registration/position-statement-concurrency-901106.html

The other option for most declined Phils applicant is to apply for the LVN license, then apply for the LVN-RN program, but that's not easy either due to the current situation of just regular and local students already enrolled or getting enrolled.

Many try to get an RN license from out of state, then try to apply under the endorsement process, only to find that door is closed also since the CA BRN will require the same set of educational requirements that was rejected in the first place.

This concurrency issue applies and affects those from the Phils from their graduation year of 2004-2005 to present.

For further information on this and other issues, if you glance over the World forum under the Nurse Registration tab, you'll find the many postings of the plight and frustrations of trying to just get licensed in CA, regardless of SB 1159.

Ridiculous and infuriating.

When was in Texas, illegals got in-state tuition.

As a U.S. citizen from another state, I had to pay out-of-state tuition.

Also, I needed a humanities credit, so planned to take a Spanish class for that.

My adviser informed me that Spanish only counts as a humanities class for native-Spanish speakers. If English is your first, or only language, Spanish classes count as a language class, not a humanities.

The SSN doesn't seem to be the issue for many immigrants trying to get their RN license in CA, so I don't think this will matter much in the scheme of things. It will still be difficult to find a job for nurses in CA regardless.

  • Expert
When was in Texas, illegals got in-state tuition.

With all due respect, 'illegal' is an adjective, not a noun.

If someone is already here without papers, I'd rather they be able to sit for whatever licensure or certification exam they need in order to do a job. I am, however, highly doubtful that nursing employers are chomping at the bit to hire a nurse without a valid SSN or work visa. In general, though, we're looking at the same principle as drivers licenses. They are already here, they are already driving, let's make sure they can do so safely and with insurance.

If an undocumented student has graduated from an accredited nursing program, there's no real reason why s/he shouldn't sit for NCLEX. This country is not so fragile as to be turned into another Detroit by it. Undocumented students seeking licensure do not represent a large sector of the country's population, but even if they did, is the concept of people seeking to better themselves really the hill anyone wants to die upon?

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