2009 California Business and Professions Code - Section 2840-2858 :: Article 1. Administration

2840.  This chapter of the Business and Professions Code constitutes
the chapter on vocational nursing and may be cited as the Vocational
Nursing Practice Act.

2840.5.  (a) The Legislature hereby declares the practice of
licensed vocational nursing to be a profession.
   (b) This section shall not be construed to affect the laws
relating to the practice of registered nursing, including the
provisions of Chapter 6 (commencing with Section 2700), nor any
existing regulations relating to registered nurse staffing of
licensed health facilities.
   (c) The intent of this section shall not be construed to mean that
licensed vocational nurses are to be considered as professional
employees as defined in Sections 3507.3 and 3533 of the Government
Code.

2841.  (a) There is in the Department of Consumer Affairs a Board of
Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
   (b) Within the meaning of this chapter, "board," or "the board,"
refers to the Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
   (c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).

2841.1.  Protection of the public shall be the highest priority for
the Board of Vocational Nursing and Psychiatric Technicians of the
State of California in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.

2842.  (a) Each member of the board shall be a citizen of the United
States and a resident of the State of California. The board shall
have the following composition:
   (1) Two members shall be duly licensed vocational nurses who have
been licensed for a period of not less than three years prior to
appointment.
   (2) Two members shall be licensed psychiatric technicians, each of
whom shall have had not less than five years' experience in a
psychiatric hospital, or in a psychiatric unit of a hospital licensed
by the State Department of Health Services, or a private institution
licensed by the State Department of Health Services.
   (3) One member shall be a licensed vocational nurse or registered
nurse who shall have had not less than five years' experience as a
teacher or administrator in an accredited school of vocational
nursing.
   (4) Six members shall be public members who are not licentiates of
the board or any other board under this division or of any board
referred to in Sections 1000 and 3600.
   (b) No person may serve as a member of the board for more than two
consecutive terms.
   (c) Per diem and expenses of members of the board who are licensed
psychiatric technicians shall be paid solely from revenues received
pursuant to Chapter 10 (commencing with Section 4500) of Division 2.

2843.  Members of the board shall be appointed for a term of four
years. Vacancies occurring shall be filled by appointment for the
unexpired term.
   Appointments to the office shall be for a term of four years
expiring on June 1st.
   The Governor shall appoint four of the public members and the
licensed members of the board qualified as provided in Section 2842.
The Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member, and their initial appointment shall be made
to fill, respectively, the first and second public member vacancies
which occur on or after January 1, 1983.

2845.  The Governor has the power to remove any member of the board
from office for neglect of any duty required by law, or for
incompetency, or unprofessional or dishonorable conduct.

2846.  The board at its first meeting after appointment, and
annually thereafter at its first meeting in each year, shall elect
from its members a president, vice president, and such other officers
as it may deem necessary. The officers of the board shall hold their
respective positions during its pleasure.

2847.  (a) The board may select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
   (b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be a
member of the board.
   (c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
   (d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.
   (e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

2847.  (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
   (b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be a
member of the board.
   (c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
   (d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.
   (e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

2848.  The board for the purpose of transacting its business shall
meet at least twice each year, at times and places it designates by
resolution.

2849.  Special meetings may be held at such times as the board may
elect, or on the call of the president of the board, or of not less
than five members thereof.
   A written notice of the time, place, and object of any special
meeting shall be mailed by the executive officer to all members of
the board who are not parties to the call, at least 15 days before
the day of the meeting.

2850.  Meetings may be held at any time and place by the written
consent of all members of the board.

2851.  Six members of the board constitute a quorum for transaction
of business at any meeting.

2852.  The board shall keep a record of all its proceedings,
including a register of all applicants for licenses under this
chapter and the action of the board upon each application.

2853.  The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
such records as may be necessary may be transferred temporarily to
them. Legal proceedings against the board may be instituted in any
county in which any of the three cities above mentioned is located.

2854.  The board shall prosecute all persons guilty of violating the
provisions of this chapter.
   It may employ such clerical assistance as it may deem necessary to
carry into effect the provisions of this chapter. The board may fix
the compensation to be paid for such services and may incur such
other expenses as it may deem necessary.
   The board may adopt, amend, or repeal such rules and regulations
as may be reasonably necessary to enable it to carry into effect the
provisions of this chapter. Such rules and regulations shall be
adopted in accordance with the provisions of the Administrative
Procedure Act.

2855.  Each member of the board shall receive a per diem and
expenses as provided in Section 103.

2857.  The board shall issue a license designated as licensed
vocational nurse license.

2858.  The board shall accept in payment of any fee required by this
chapter cash or any customary or generally accepted medium of
exchange, including check, cashier's check, certified check or postal
money order. For the purposes of this section, customary or
generally accepted medium of exchange does not include postage
stamps.