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BRN approves modified disciplinary guidelines for advanced‑practice RNs; directs 15‑day public comment
Summary
The Board approved staff recommendations to update disciplinary guidelines and CCR Title 16 §1444.5 to reflect advanced practice RN scope‑of‑practice changes, including removing an overly broad prohibition on supervisors having a 'professional' relationship with supervisees; the board authorized a 15‑day modified public comment period.
The Board of Registered Nursing voted March 26, 2026, to approve proposed responses to public comment and to release modified regulatory text for a 15‑day public comment period to revise California Code of Regulations, Title 16, section 1444.5 and related disciplinary guidelines for probation conditions.
Marissa Clark, the board's chief of legislative affairs, told members the package was prompted by statutory scope‑of‑practice changes that allow some advanced practice registered nurses to practice without physician supervision. Clark said the revisions are intended to ensure disciplinary guidelines — including probation conditions and supervision language — function when an APRN is permitted to continue to practice while on probation. "We realized there needed to be some updates within our disciplinary guidelines," Clark said, describing a 45‑day public comment period that closed March 17 and yielded written comments but no requests for a public hearing.
One specific concern raised in public comment was a provision that would have prohibited a potential supervisor from having a current or prior financial, personal, business or professional relationship with a supervisee. Clark said commenters argued the rule as written would be overly restrictive and could unduly narrow the pool of available supervisors, for example ruling out colleagues employed by the same organization. The board-supported modification removes the "professional" relationship prohibition while preserving restrictions on financial or close personal conflicts, and staff said the change must go back out for a 15‑day comment period under administrative‑procedure rules.
Board members spoke in favor. Board member Patricia Win called removing the provision "a reasonable amendment" and supported the additional comment period; Vice President Neil Patel said he was "delighted to see this finally here" after a long effort to align disciplinary tools with modern practice for advanced practice providers. After a formal motion to approve the proposed responses and the modified text, the board took a roll‑call vote and the motion carried unanimously.
The board authorized the executive officer to make technical and non‑substantive changes as needed while directing staff to take the steps necessary to complete the rulemaking process, including the required 15‑day public comment. The board noted that if no relevant adverse comments are received during the shortened comment window, the modified text may be adopted as provided.
Next steps: Staff will post the modified text for 15 days of public comment and return with any adverse comments or a recommendation to adopt if none are received.
