By Carter Cordura

On September 6, 2022, the Board of Registered Nursing (BRN) published notice of its intent to amend sections 1480 and 1481, and add sections 1482.3, 1482.4, and 1487 of Article 8, Division 14 of Title 16 of the California Code of Regulations (CCR) to address the changes imposed by AB 890 (Wood) (Chapter 265, Statutes of 2020) to develop categories and scope of practice requirements for Nurse Practitioners (NP).  At its May 18, 2022, meeting, the Board voted to approve the proposed language and directed the Executive Officer to prepare and submit the rulemaking package.

According to the initial statement of reasons, for NPs to be eligible to practice under these two categories (103 NPs and 104 NPs), the Board’s existing regulatory categories and standards need to be amended to reflect the changes imposed by the passage of AB 890. This regulatory action will implement AB 890 and benefit the health and safety of all California consumers by expanding access to healthcare for more Californians.

Although AB 890 took effect in 2021, the bill itself required BRN to take action before NPs could begin to qualify to work in the new categories. [24:2 CRLR 79; 26:1 CRLR 45–56, 63–64; 27:1 CRLR 91–92]

The Boards amendments would:

• Amend the title of Article 8 of Division 14, Title 16 from “Standards for Nurse Practitioners” to “Nurse Practitioners.”
• Amend section 1480 to establish a definition for the term “group setting.” “Group setting” means one of the settings or organizations in Business and Professions Code section 2837.103(a)(2) where one or more physicians and surgeons practice with an NP without standardized procedures.
• Amend section 1481 to change the title from “Categories of Nurse Practitioners” to “Categories and Scope of Practice of Nurse Practitioners.”
• Amend section 1481 to establish the two new categories that NPs can apply for and the corresponding scope of practice. Sections 1481 (b)(1) and (b)(2) establish the new categories and scopes for Business and Professions Code sections 2837.103 and 2837.104 respectively.
• Add section 1482.3 to establish the requirements for an NP to be certified pursuant to Business and Professions Code section 2837.103.
• Add section 1482.4 to establish the requirements for an NP to be certified pursuant to Business and Professions Code section 2837.104.
• Add section 1487 to establish the requirements for an NP to provide a notice to consumers.

The deadline to submit public comment is November 1, 2022. All comments can be addressed to Marissa Clark, 1747 N. Market Blvd., Suite 150, Sacramento, CA 95834, email: Marissa.Clark@DCA.CA.gov.