What You Need to Know About the Attestations for New 103 NPs

Assembly Bill 890 (Wood), signed into law in September 2020, created two new classifications of nurse practitioners (NPs) – 103 and 104 NPs – who can perform certain functions without standardized procedures and protocols in California. The regulations implementing the bill became effective January 1, 2023, and the application to apply to become a 103 NP went live on January 20, 2023.

NPs who want to transition to these new classifications are required to submit an application and receive certification from the Board of Registered Nursing (BRN).  The current application process is only open for 103 NPs, as the law requires an NP to first work as a 103 NP in good standing for at least three years prior to becoming a 104 NP.  A 103 NP may perform certain functions without standardized procedures and protocols in one of the following settings as long as one or more physicians also practice in that setting with the NP:

• A clinic
• A health facility, except for a correctional treatment center or state hospital
• A county medical facility
• A medical group practice
• A home health agency
• A hospice facility.

The application requires an NP to provide an attestation that the NP has the completed the “transition to practice” requirements of three full-time equivalent years of clinical practice experience or 4,600 hours that were:

• Completed in California
• Completed within five years prior to the date the applicant applied for certification
• Completed after certification by the BRN as an NP
• Completed after obtaining certification as an NP by a national certification organization accredited by the National Commission for Certifying Agencies or the Accreditation Board for Specialty Nursing Certification as an NP in one of the following categories: family/individual across the lifespan; adult-gerontology, primary care or acute care; neonatal; pediatrics, primary care or acute care; women’s health/gender-related; psychiatrics-mental health across the lifespan.
• Completed in direct patient care in the role of an NP in the category in which the applicant is seeking certification as a 103 NP

Completion of the transition to practice requirement must be attested to by one or more physicians, 103 NPs, or 104 NPs who practice in the same specialty area or category in which the NP is seeking certification as a 103 NP. The attester must not have a familial or financial relationship with the applicant.

As part of the application, the applicant will be asked to enter information about the attester and an email will then be sent to the attester for verification. Once the attester validates that the NP’s information is accurate, the application will be reviewed by the BRN.  As with any attestation, attesters should ensure the accuracy of the information to which they are attesting.  CAFP has reached out to the BRN requesting for guidance for physicians attesting.  We have yet to hear back.  We will provide updates if we receive any further information.