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§ 4. Hearing. At its first regular meeting after the date set in said order any person interested may appear before the board of supervisors for the purpose of showing that a fire menace does not exist on any or a part of the land described in such order, or may file a written statement to that effect. Such person shall be heard or such statement considered, and the board shall then reaffirm or rescind its previous order, or may modify the same by omitting that portion of the land on which it finds no nuisance exists.

§ 5. Action to abate nuisance. Cost. At its first regular meeting after the date fixed in said order, or at any meeting thereafter, the board of supervisors may, unless such order is rescinded, take such action as it finds necessary to abate the nuisance declared in its order by putting an end to the fire menace on any parcel of land described in said order, or said order as modified, and for this purpose may employ persons to go upon the land and cut down or burn or otherwise destroy the inflammable vegetable matter constituting the menace, or so much thereof as may be necessary, or to take such other or different action as may be necessary. The reasonable and necessary cost of abating such nuisance shall be paid out of the general fund of the county in the first instance, but the cost of such abatement on each separate parcel of land shall be a lien on such parcel.

§ 6. Lien. A notice of such lien shall be recorded with the county recorder within thirty days after the payment by the county of the cost of such abatement. Within ninety days after the lien is recorded action may be brought in the name of the county by order of the board of supervisors to foreclose such lien. It shall not be necessary in any such action to prove any notice to those interested other than to prove that publication of the order of the board declaring a nuisance to exist was made as required by this act.

Upon the trial of any suit brought to foreclose a lien for the abatement of a nuisance, the determination of the board of supervisors that a public nuisance existed, as set forth in its order or modified order, shall be conclusive proof of its existence. It may be shown by way of defense, however, that the amount of the lien sought to be foreclosed is greater than the amount expended in abating the nuisance on the parcel of land against which the lien exists.

ACT 5533.

To prevent certain public nuisances. [Stats. 1852, p. 100.]
Superseded by Penal Code, § 374.

АСТ 5534.

Authorizing and directing district attorneys to bring suits to abate public nuisances. [Stats. 1899, p. 103.]

Superseded by § 4156 of Political Code: See Penal Code, § 373a, and People v. McCue, 150 Cal. 195, 88 Pac. 899.

TITLE 407.

NURSING.

АСТ 5544.

An act to promote the better education of practitioners of nursing the sick in the state of California, to provide for the issuance of certificates of registration as a registered nurse to qualified applicants by the board of regents of the University of California, and to provide penalties for violation hereof. [Approved March 20, 1905. Stats.

1905, p. 533.]

Repealed 1921 (Stats. 1921, p. 1070).

The title of the act of 1913, page 613, purported to repeal this act, but the body of the act said nothing as to its repeal. See next act.

ACT 5545.

An act to promote the better education of nurses and the better care of the sick in the state of California, to provide for and regulate the examination and registration of graduate nurses, and to provide for the issuance of certificates of registration as registered nurses to qualified applicants by the state board of health, and to repeal an act approved March 20, 1905, entitled, "An act to promote the better education of the practice of nursing the sick in the state of California, to provide for the issuance of certificates of registration as a registered nurse, to qualified applicants of the board of regents of the University of California, and to provide penalties for violation thereof."

[Approved June 12, 1913. Amended 1915, pp. 21, 603; 1917, p.

Stats. 1913, p. 613.]
44; 1921, p. 980.

§ 1. Registration of graduate nurses. Director. Accredited training

schools.

Examinations.

How examinations shall be held.

Qualifications of applicants. Accredited school of nursing defined.

False representation in nurse's examination.

Registered nurse.

§ 2.

§ 3.

§ 4.

4.

§ 5.

§ 54.

Renewal fee.

§ 6.

Nursing by friend, not affected.

[blocks in formation]

Unlawful to pretend to be a registered nurse.

Revocation of certificate.

§ 11. Monthly financial report.

§ 1. Registration of graduate nurses. Director. Accredited training schools. Within thirty days after this act takes effect the state board of health shall establish and maintain a department of examination and certification of graduate nurses as hereinafter provided. The state board of health shall appoint a director, whose salary shall be fixed by the board, and said director shall have been graduated from an accredited training school for nurses as defined in this act, and shall be duly certified under the provisions of this act. Said director shall visit and inspect all training schools in this state, subject to the provisions of this act, at such times as may be required by the secretary of the board,

and shall perform all duties required by this act and such other duties as may be required by the state board of health in order to carry out the objects and provisions of this act. Training schools complying with requirements herein specified and upon recommendation of the director, shall be accredited by the board. Lists of accredited training schools for nurses and a register of the names of all nurses duly certificated under this act shall be prepared and kept by the department. A biennial report shall be prepared and filed with the state board of health. [Amendment approved May 31, 1921; Stats. 1921, p. 980.]

This section was also amended in 1915. See Stats. 1915, p. 603.

§ 2. Examinations. Examinations as provided for in this act shall be held at least every six months, at such times and places as the board shall direct and according to the rules and regulations of said board. Public notice of such examinations shall be given by publishing the same at least two weeks prior to the date of such examination in two or more papers of general circulation and one nursing journal, to be selected by the board. All of said papers and said nursing journal shall be published within the state of California. Upon filing application for examination, each applicant shall pay an examination fee of fifteen ($15) dollars for certificate as registered nurse, which shall in no case be returned to the applicant. No further fee shall be required for certifi cate. [Amendment approved May 31, 1921; Stats. 1921, p. 981.]

This section was also amended in 1915. See Stats. 1915, p. 21.

§ 3. How examinations shall be held. Examinations may be conducted by the state board of health or by a special committee of three examiners to be appointed by the board at least thirty days prior to each examination, under such rules and regulations as may be prescribed by said board. If such special committee of examiners be appointed, they shall prepare and submit to the beard, at least ten days prior to the examination, all questions for such examination, which may be approved, rejected, changed or altered in any manner by and at the discretion of said board. Said examiners shall be paid their necessary traveling expenses and such compensation as shall be fixed by the state board of health. All expenses of conducting said exami nations shall be paid from the fund hereinafter mentioned in the manner therein provided. If the examinations be conducted by said examiners, they shall mark all examination papers of applicants and render to the board, within ten days thereafter, a report of the same in such form as may be prescribed by the board, which may change the grading on any paper. The board shall finally pass or reject all applicants, and its actions shall be final and conclusive and not subject to review by any court or other authority. The board shall issue to each successful applicant a certificate provided for in this act. [Amend ment approved April 1, 1915. Stats. 1915, p. 21.]

§ 4. Qualifications of applicants. Accredited school of nursing defined. Applicants for examination for certificate as registered nurse must be at least twenty-one years of age and must present to the board satisfactory evidence of having received and completed in an accredited school of nursing a course including instruction covering a period of not less than twenty-eight months in the actual care of medical, surgical, obstetrical patients and sick children, as required by the board. After

July, 1923, applicants must also present evidence of preliminary education which is satisfactory to the board. An accredited school of nursing is hereby defined to be a school for the education and training of nurses attached to or operated in connection with a hospital or hospitals approved by the board, giving a course of instruction in theoretical teaching and practical work covering not less than twenty-eight months. Theoretical teaching shall consist of the required number of hours of instruction in such subjects, and arranged in such order as the board may from time to time determine. Practical teaching and experience shall consist of the required number of hours in the care of medical, surgical, obstetrical patients and sick children, as may be determined by the board. Schools maintaining a course of instruction in addition to the twenty-eight months course as herein provided must be connected with a hospital or hospitals approved by the board, having a daily average of not less than one hundred patients, and shall provide, for such additional course, theoretical and practical teaching in such subjects and arranged in such order of instruction as the board may determine. [Amendment approved May 31, 1921; Stats. 1921, p. 981.]

The amendment to section 4 takes effect June 30, 1923. See Stats. 1921, p. 982, § 8.

§ 42. False representation in nurse's examination. Any person who shall willfully make any false representation or who shall impersonate any other person or permit or aid in any manner any person to impersonate him in connection with any examination or application for examination or registration or request to be examined or registered such person shall be guilty of a misdemeanor. [New section added April 5, 1917; Stats. 1917, p. 45.]

§ 5. Registered nurse. A nurse who has received his or her certificate according to the provisions of this act, shall be styled and known as a registered nurse, and shall be entitled to place the initials "R. N." after his or her name.

§ 51. Renewal fee. On or after January first of each year, each registered nurse shall renew his or her certificate and pay the required renewal fee of one dollar ($1). Every certificate that is not renewed will expire on the first day of March of each year and may not be renewed except upon the payment of lapsed fee. [New section added May 31, 1921; Stats. 1921, p. 982.]

§ 6. Nursing by friend, not affected. This act shall not be construed to affect or apply to the gratuitous nursing of the sick by friends or members of the family, or to any person nursing the sick for hire who does not in any way assume to be, or practice as, a registered nurse. [Amendment approved May 31, 1921; Stats. 1921, p. 982.]

§ 7. Unlawful to pretend to be a registered nurse. It shall be unlawful for any person not holding a certificate of registration issued by the state board of health to use the title "registered nurse" or the letters "R. N.," in connection with, or following his or her name, or to impersonate in any manner, or pretend to be, a "registered nurse."

§ 8. Nurses from other states. The board upon written application, and upon the receipt of fifteen dollars ($15) as registration fee, shall

issue a certificate of registration without examination to any applicant who has been duly registered as a registered nurse under the laws of another state or foreign country, provided the applicant meets the requirements for certification as provided for in this act. [Amendment approved May 31, 1921; Stats. 1921, p. 982.]

§ 9. Revocation of certificate. The board shall have the power to revoke any certificate of registration for dishonesty, intemperance, immorality, unprofessional conduct, or any habit rendering a nurse unfit or unsafe to care for the sick, after a full and fair investigation of the charges preferred against the accused.

§ 10. Penalty for violation of act. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be fined not less than ten dollars nor more than one hundred dollars for the first offense and not less than fifty dollars nor more than five hundred dollars for each subsequent offense.

§ 11. Monthly financial report. Within ten days after the beginning of each month the secretary of the state board of health shall report to the controller the amount and source of all collections made under the provisions of this act, and at the same time all such amounts shall be paid into the state treasury and shall be placed to the credit of the special fund to be known as the fund for examination and registration of nurses; provided, that whenever and as often as there is in the state treasury to the credit of the fund for the examination and registration of nurses, funds in excess of ten thousand dollars the same to be invested by the state board of control in the same manner that the funds of the state school land fund are invested and the interest upon such investment when collected shall be placed to the credit of the fund for the examination and registration of nurses. All amounts paid into this fund shall be held subject to the order of the state board of health, to be used only for the purpose of meeting necessary expenses in the performance of the purposes of and the duties imposed by this act. Claims against the fund shall be audited by the state board of health and by the board of control and shall be paid by the state treasurer upon warrants drawn by the state controller. [Amendment approved May 31, 1921; Stats. 1921, p. 982.]

This section was also amended in 1915 and 1917. See Stats. 1915, p. 604; 1917, p. 45.

Neither the adoption of the amendment to § 34 of article IV of the constitution known as the Budget Amendment, nor the enactment by the legislature of the budget bill operated either expressly or by implication to repeal the provisions of the amendatory act of 1921 so as to abolish the special fund provided for therein and prevent the further drawing of warrants by the controller upon such fund: Jamme v. Riley, 66 Cal. Dec. 405, 218 Pac. 578.

ACT 5546.

An act to promote the better education of trained attendants and the better care of the sick in the state of California; to provide for and regulate the examination and licensure of trained attendants; to provide for the issuance of licenses as trained attendants to qualified applicants by the state board of health; to provide that the state board of health shall enforce the provisions hereof; to pro

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