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California BRN adopts positions on four bills, including AI labeling and IHSS certification
Summary
The Board of Registered Nursing on Feb. 27 reviewed four bills and voted to watch or support each measure, including a bill to add nurses and nurse practitioners to the list of professionals who may certify eligibility for California’s In‑Home Supportive Services (IHSS) program and a separate bill that would restrict generative AI from implying it is a licensed nurse.
The Board of Registered Nursing on Feb. 27 reviewed four bills and voted to either watch or support each measure, including legislation that would clarify who may certify eligibility for California’s In‑Home Supportive Services program and a proposal aimed at preventing generative artificial intelligence from implying it is a licensed nurse.
Marissa Clark, the board’s chief of legislative affairs, summarized the package and the board’s discussions. "This bill would make changes related to California's in home support services program, also known as IHSS," Clark said when describing AB 346, which would add certain nurses and nurse practitioners to the list of professionals who may complete IHSS paramedical certification forms.
The board approved four formal positions after brief discussion and public comment. Board President Dolores Trujillo moved to "watch" AB 346 (Assemblymember Wynne); that motion passed by recorded roll call. The board then voted to support AB 479 (Assemblymember Tangeetha), a bill that would allow licensing bodies an opportunity to respond when a licensee petitions the court under Penal Code §236.15 for vacatur of a conviction; that motion passed after a second. On AB 489 (Assemblymember Bonta), which would prohibit an entity that develops or deploys AI from using terms that imply a person holds a license the entity does not actually have, the board voted to support the bill with amendments to add an enforcement mechanism that would make the bill actionable against licensees and clarify which enforcement body would handle non‑licensee entities. Finally the board voted to support AB 583 (Assemblymember Pellerin), which would authorize nurse practitioners to complete certain sections of death certificates and require them to notify coroners in specified circumstances.
Why it matters: several of the measures would expand or clarify who may perform clinical certification functions (IHSS certification and death certificates) and who can be held accountable when AI systems imply licensed clinical judgment. Board staff and members said some bills are codifying practices established during COVID or reflecting modern clinical roles; members also urged clearer enforcement language for the AI bill.
Supporting details: Clark told the board AB 346 would codify an existing COVID‑era practice that allowed nurse practitioners to complete IHSS medical certification and would add language aligning the term "licensed health care professional" with the Business and Professions Code definition of "health care practitioner." On AB 489, Clark and other staff noted the bill as drafted would allow the board to take action against a licensee who misused an AI product but does not clearly provide an enforcement route against larger companies or unlicensed entities; the board asked staff to seek an amendment adding an effective enforcement mechanism.
Public comment came from organized labor and nursing groups. Matt Leger, speaking for SEIU (the bill sponsor for AB 489), said the sponsor sought to prevent generative AI from falsely representing it is a licensed clinician and welcomed continued work on enforcement language. Kathryn Hughes, executive director of Nurse Alliance of SEIU California, also voiced support. Amy Paulson, representing the California Association of Nurse Practitioners (CAMP), noted AB 583’s importance for patient families and urged the board ensure that 103/104 NP categories can certify without supervision when the bill is enacted.
Formal votes (roll call) recorded yes votes from Board President Dolores Trujillo; Vice President Nilu Patel; board members Jovita Dominguez, Patricia (Tricia) Wynne, David Lawler, Vicki Granowitz, and Allison Cormack on each motion as described above.
What’s next: Board staff will continue to work with authors and sponsors on language, especially on AB 489’s enforcement provisions and AB 346’s cross‑code definitions. Clark told the board more bills introduced after the agenda posting will be discussed at future meetings; the board also discussed possibly scheduling an extra meeting in March if urgent bills require positions before May.
