Section 1276.2 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1276.2
. Standards and regulations adopted by the state department
pursuant to Section 1276 shall not require the use of a registered
nurse for the performance of any service or staffing of any position
in freestanding skilled nursing facilities that may lawfully be
performed or staffed by a licensed vocational nurse pursuant to the
Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section
2840) of Division 2 of the Business and Professions Code) and
applicable federal regulations, when a facility is unable to obtain a
registered nurse, except that a licensed vocational nurse employed
in accordance with this section shall be a permanent employee of the
facility. The facility shall make a good faith effort to obtain a
registered nurse prior to determining that it is unable to obtain a
registered nurse for the relevant shift, and this effort shall be
noted in the facility's records. The facility shall make provision
for a registered nurse to be available for consultation and
professional assistance during the hours in which a licensed
vocational nurse is used as provided by this section. The facility
shall maintain a record of the identity and phone number of the
registered nurse that is to be available for consultation and
professional assistance, as required by this section. If the
substitution of a licensed vocational nurse for a registered nurse
occurs more often than seven days per month, the facility shall
obtain program flexibility approval from the state department
pursuant to subdivision (b) of Section 1276. Nothing in this section
shall permit a licensed vocational nurse to act as director of nurses
pursuant to the Vocational Nursing Practice Act. This section
applies to staffing for the evening and night shifts only, except
that if the level of care is determined by the state department to be
inadequate, the state department may require the facility to provide
additional staffing.
This section shall not apply to the Medi-Cal regulations adopted
pursuant to Sections 14114 and 14132.25 of the Welfare and
Institutions Code.