top of page

Step by Step: Inside the Rulemaking Process

Updated: Mar 5

Part 3 of the Nursing Regulations Guide.


What You’ll Learn


  • The stages of California’s Administrative Procedure Act (APA) and how regulations are created, revised, and finalized.

  • The public’s role in rulemaking and how nurses can participate effectively.

  • How to locate, read, and track regulatory proposals that impact nursing practice.

  • What happens after a rule is approved and how it becomes enforceable.


Why It Matters


Once a bill becomes law, the work of defining how it functions begins. This next phase, called rulemaking, is where the details are written and where nurses can often have the greatest impact.


Legislation may create new requirements for education, licensing, or care delivery, but regulations determine how those requirements are carried out.


Understanding this process gives nurses the ability to advocate where it counts most — during the drafting and comment phases when agencies are still deciding how to implement a law.



Overview of the Administrative Procedure Act (APA)


California’s Administrative Procedure Act (APA) governs how state agencies adopt, amend, or repeal regulations.


It is designed to ensure transparency, accountability, and public participation in government decision-making.


Under the APA, every agency must:


  • Notify the public before adopting or changing a regulation.

  • Explain the need and purpose of the change.

  • Provide at least one opportunity for public comment.

  • Respond to all substantive comments.

  • Submit the final regulation for review and approval by the Office of Administrative Law (OAL).


This process ensures that regulations reflect both legislative intent and stakeholder input.



The Rulemaking Process: Step by Step


There are six key steps in the California rulemaking process. Each one provides a different opportunity for nurses and organizations to participate.


Step 1: Notice of Proposed Action (NOPA)

When an agency begins a rulemaking process, it issues a Notice of Proposed Action (NOPA).


This is the official announcement that the agency intends to adopt, amend, or repeal a regulation.


The notice includes:


  • A summary of the proposal.

  • The statutory authority allowing the agency to make the rule.

  • The Initial Statement of Reasons (ISOR) explaining why the rule is needed.

  • The full text of the proposed regulation.

  • Instructions for submitting public comments.

The NOPA is published weekly in the California Regulatory Notice Register (often called the Z Register).


Example: The BRN issues a NOPA proposing updates to continuing education requirements. The notice identifies the Business and Professions Code sections that authorize the change and outlines the rationale for updating CE content to include new public health competencies.


Advocacy Tip:

Subscribe to the Z Register or monitor the BRN’s website regularly. Each notice includes deadlines and instructions for public comment submission.

Step 2: Public Comment Period

Once the NOPA is issued, a minimum 45-day public comment period begins.

This is the time for individuals, organizations, and stakeholders to provide written or oral feedback.


Comments can:


  • Support the proposal.

  • Suggest changes or clarifications.

  • Identify unintended consequences.

  • Offer evidence or data to strengthen the regulation.


Agencies must review every comment submitted by the deadline and respond to each one in the final rulemaking file.


How Nurses Can Participate:

  • Submit written comments based on your professional experience.

  • Describe how the proposed rule might affect patient care or workforce impact.

  • Collaborate with colleagues or professional associations to submit collective feedback.


Example: During the CE regulation update, nurses might comment that requiring in-person CE courses could disadvantage rural nurses. This input could lead to a revision allowing online CE options.



Step 3: Revisions and 15-Day Comment Period

If the agency makes substantial changes in response to feedback, it must reopen the process for an additional 15-day comment period. This ensures transparency and allows the public to review and respond to the revised proposal.


Agencies will often summarize key modifications in a “Notice of 15-Day Changes,” providing a link to the updated text. This step demonstrates that public engagement directly shapes regulatory outcomes.


Step 4: Submission to the Office of Administrative Law (OAL)

Once the agency finalizes the regulation, it submits the rulemaking file to the Office of Administrative Law (OAL) for review.


The OAL’s role is to ensure that the regulation:


  • Is consistent with legislative intent.

  • Does not exceed the agency’s authority.

  • Is clearly written and legally sound.

  • Complies with the procedural requirements of the APA.


The OAL reviews each submission within 30 working days. If approved, the regulation is filed with the Secretary of State and assigned a publication date in the California Code of Regulations (CCR). If the OAL disapproves of a regulation, the agency must correct any issues and resubmit it.



Step 5: Publication in the California Code of Regulations (CCR)

Once approved, the regulation becomes part of the CCR — California’s official compilation of administrative law. This is where nurses, employers, and the public can find the finalized rules that govern practice.


Example: Title 16, Division 14, of the CCR contains all current BRN regulations.

If a CE regulation update is approved, it will be published under the corresponding section, replacing the previous version.


Pro Tip:

The CCR is updated weekly. Bookmark the BRN’s “Laws and Regulations” page to stay current.

Step 6: Implementation and Enforcement

After publication, the agency and affected institutions begin implementation.

Hospitals, educational institutions, and employers update their internal policies to align with the new requirements.


The agency may also issue guidance documents, FAQs, or advisories to clarify interpretation. In some cases, new forms, deadlines, or reporting systems are rolled out.


Once implemented, the regulation becomes enforceable under state law.

Violations can result in citations, fines, or disciplinary actions.



Running Example: Tracking the CE Regulation


Continuing with the CE scenario from Parts 1 and 2:


  1. The BRN publishes a NOPA to increase CE requirements and modernize course content.

  2. Nurses across California submit feedback about access, cost, and equity.

  3. The BRN revises the proposal to include both in-person and online options.

  4. The OAL reviews and approves the regulation.

  5. The rule is published in the CCR, effective January 1 of the following year.

  6. Hospitals and employers update their CE tracking systems, and nurses adjust their renewal schedules accordingly.


This process shows how meaningful public input can make regulations more practical and equitable.



How to Locate and Track Rulemaking Activity


Tools and Resources:


  1. California Regulatory Notice Register (Z Register): Weekly publication of all proposed rulemakings.

  2. BRN “Laws and Regulations” Page: Lists all open and pending rulemaking projects.

  3. ANA\California Advocacy Alerts: Notifications about nursing-related rulemakings and opportunities to participate.

  4. OAL Rulemaking Calendar: Annual summary of all agencies’ planned regulatory actions.


Search Tip:

Use keywords such as “nursing,” “licensure,” or “education” when browsing agency sites or the Z Register.


Checklist: How to Participate in a Rulemaking Process


  1. Identify a regulation that affects your practice area.

  2. Read the NOPA and Initial Statement of Reasons (ISOR).

  3. Highlight areas where your professional insight can add value.

  4. Draft a concise, evidence-based comment (include patient outcomes or workforce data if possible).

  5. Submit by the posted deadline and share through your professional network.

  6. Follow up on the agency’s response and final adoption date.



Advocacy in Action


Every regulation that shapes nursing practice begins with a public process.

When nurses engage early, regulations can reflect the realities of modern care delivery and workforce diversity.


ANA\California encourages nurses to monitor upcoming rules, attend hearings, and share their experiences.


Your voice as a nurse is evidence — the kind that lawmakers and regulators need to make better decisions.



Think About It


  • When was the last time you saw a regulation change affect your work directly?

  • Did you know you could comment before that rule became final?

  • How might your experience have improved its implementation?



Bookmark This


Key Terms:

  • Administrative Procedure Act (APA): The law governing how agencies adopt or change regulations.

  • Notice of Proposed Action (NOPA): The official notice that starts a rulemaking process.

  • Initial Statement of Reasons (ISOR): The agency’s written justification for the proposed rule.

  • Office of Administrative Law (OAL): The agency that reviews and approves all regulations.

  • California Regulatory Notice Register (Z Register): The weekly publication listing all proposed rulemakings.

  • California Code of Regulations (CCR): The collection of all finalized regulations in California.



Next Up


Part 4: Finding and Reading Regulations

Now that you understand how regulations are created, we’ll walk through how to locate, read, and interpret them — including how to connect them to the statutes that authorize them.



Comments

bottom of page