§ 49426.5. — 49426.5. (Added by Stats. 2023, Ch. 853, Sec. 1.)

California § 49426.5.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 9.: CHAPTER 9. Pupil and Personnel Health
• Art. 2.: ARTICLE 2. Employment of Medical Personnel

Text

(a)
A licensed vocational nurse hired pursuant to this section shall be supervised by a credentialed school nurse who is employed as a school nurse at the same local educational agency or at another local educational agency.
(b)
(1)
If a local educational agency elects to hire a licensed vocational nurse to be supervised by a credentialed school nurse employed by another local educational agency, both local educational agencies shall enter into a written agreement containing all of the following:
(A)
The duties of the credentialed school nurse and the licensed vocational nurse.
(B)
A
communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate.
(C)
The indemnification requirement pursuant to subdivision (h).
(D)
The financial arrangement between the local educational agencies.
(E)
The additional compensation for the credentialed school nurse to act as a supervisor.
(2)
A local educational agency is only authorized to hire a licensed vocational nurse pursuant to this subdivision if a written agreement with another local educational agency is in place.
(c)
(1)
A local educational agency shall only hire a licensed vocational nurse pursuant to this section if a diligent search has been
conducted for a suitable credentialed school nurse each school year. A diligent search shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media. Copies of all recruitment efforts and the salary or salary range advertised as part of the recruitment efforts shall be retained by the employing agency.
(2)
A local educational agency shall seek approval from its governing board or body before hiring a licensed vocational nurse pursuant to this section, including by submitting a declaration to its governing board or body containing all of the following:
(A)
That the local educational agency made a diligent effort to recruit a credentialed school nurse with the proper qualifications for the opening.
(B)
That the
effort to recruit a credentialed school nurse was not successful.
(C)
That hiring a licensed vocational nurse is necessary to fulfill a critical need.
(3)
A local educational agency electing to hire a licensed vocational nurse pursuant to this section shall certify to the department, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made.
(d)
Subdivision (a) shall not be interpreted to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code).
(e)
A licensed vocational nurse hired pursuant to this section shall only operate under the
supervision of a credentialed school nurse based on levels of supervision described in Section 3051.12 of Title 5 of the California Code of Regulations.
(f)
County offices of education are encouraged to establish networks of credentialed school nurses for employment by local educational agencies that are not able to hire a credentialed school nurse. County offices of education are encouraged to provide mentoring opportunities for licensed vocational nurses.
(g)
A local educational agency employing a credentialed school nurse who is supervising a licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse.
(h)
A credentialed school nurse who is supervising a
licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse.
(i)
If a local educational agency uses its authority pursuant to this section, the local educational agency shall report its use of that authority to the department.
(j)
(1)
On or before January 1, 2028, the department shall submit a report to the Legislature containing a list of the local educational agencies that have used their authority pursuant to this section.
(2)
The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(k)
As used in this
section, the following terms have the following meanings:
(1)
“Credentialed school nurse” means only qualified persons who possess an appropriate credential issued pursuant to Section 44267.5.
(2)
“Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code.
(3)
“Local educational agency” means a school district, county office of education, or charter school.
(
l
)
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Legislative History

Added by Stats. 2023, Ch. 853, Sec. 1. (AB 1722) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.