February 2, 2023

Volume XIII, Number 33

Advertisement

February 01, 2023

Subscribe to Latest Legal News and Analysis

January 31, 2023

Subscribe to Latest Legal News and Analysis

January 30, 2023

Subscribe to Latest Legal News and Analysis
Advertisement

The California Board of Registered Nursing Has Released the Application for Certification as a Section 103 Nurse Practitioner

The California Office of Administrative Law has approved regulations proposed by the Board of Registered Nursing, resulting in a new Section 103 Nurse Practitioner application that is now available through BreEZe.

As previously analyzed in our Health Care Counsel Blog, the California Board of Registered Nursing (BRN) released proposed regulations in September 2022 addressing several statutory mandates pertaining to the expansion of the nurse practitioner (NP) scope of practice. The regulations address the application process for becoming certified under Business and Professions Code Section 2837.103 (referred to as Section 103 NPs) or Section 2837.104 (referred to as Section 104 NPs). The regulations also address the minimum qualification requirements, certain protocol and notice requirements, and the highly anticipated “transition to practice” definition.

The Office of Administrative Law (OAL) approved the proposed regulations in December, and they became effective January 1, 2023. The new regulations do not automatically grant an expanded scope of practice to any NP. Rather, as required by the statute, all NPs who wish to practice without standardized procedures must first apply to the BRN for a special certification. The Section 103 NP application is now available on California’s BreEZe application platform. Because the law requires an NP to work as a Section 103 NP in good standing for at least three years prior to becoming a Section 104 NP, the Section 104 NP application will not be available until 2026.

In its Final Statement of Reasons to the OAL supporting the proposed regulations, the BRN noted that it expects up to 32,000 NPs to apply for the Section 103 certification once the regulations are effective. The BRN announced that the application will use a streamlined, automated approach to ensure quick processing times; however, it remains to be seen how quickly the agency will be able to process all the anticipated applications. What is clear is that those applying for Section 103 NP certification, and the organizations and professionals who work with them, should take the time now to become familiar with the breadth and limit of the newly expanded scope of practice (discussed further in our Health Care Counsel article, If At First You Don’t Succeed: After Years of Rejection, California Nurse Practitioners Have a Path to Independent Practice).

© 2023 ArentFox Schiff LLPNational Law Review, Volume XIII, Number 24
Advertisement
Advertisement
Advertisement

About this Author

Sarah G. Benator Healthcare Attorney ArentFoxSchiff
COUNSEL

Sarah advises a broad range of health care clients, including medical staffs, hospitals, health systems, long-term care facilities, medical groups, and laboratories in regulatory, operational, and medico-legal matters. Her exclusive focus on the health care industry has given her the depth to understand the needs of her health care clients.

Client Work

Sarah’s expertise includes medical staff bylaws, peer review matters, practitioner credentialing, disciplinary hearings, state licensing, Medicare certification, Joint...

213-443-7518
Fernanda Sanchez Jara Associate ArentFox Schiff LLP
Associate

Fernanda represents small and large companies as well as individuals in various business and commercial matters. She defends employers in a range of industries.

Prior to joining ArentFox Schiff, Fernanda was a Law Clerk at the Los Angeles Center for Law and Justice, where she assisted survivors of domestic violence and other crimes. Fernanda was also a Student Volunteer at the Self-Help desk of the U.S. Bankruptcy Court for the Central District of California.

213-988-6688
Advertisement
Advertisement
Advertisement