Florida Senate - 2009                                    SB 1598
       
       
       
       By Senator Rich
       
       
       
       
       34-01232-09                                           20091598__
    1                        A bill to be entitled                      
    2         An act relating to nurse staffing; creating s.
    3         395.01921, F.S.; providing legislative findings;
    4         providing definitions; requiring hospitals to
    5         establish a nurse staffing committee; providing the
    6         membership of the committee; providing the
    7         responsibilities of the committee; requiring the nurse
    8         staffing committee to produce an annual nurse staffing
    9         plan; requiring the chief executive officer of a
   10         hospital to provide written reasons if the plan is not
   11         adopted by the hospital; requiring each hospital to
   12         post the nurse staffing plan and the nurse staffing
   13         schedule and to make them available to patients and
   14         visitors upon request; providing an effective date.
   15         
   16  Be It Enacted by the Legislature of the State of Florida:
   17         
   18         Section 1. Section 395.01921, Florida Statutes, is created
   19  to read:
   20         395.01921Nurse staffing.—
   21         (1)LEGISLATIVE FINDINGS.—
   22         (a)The Legislature finds that research evidence
   23  demonstrates that registered nurses play a critical role in
   24  patient safety and quality of care. The worsening shortage of
   25  nurses available to provide care in acute care hospitals has
   26  necessitated multiple strategies to generate more nurses and
   27  improve the recruitment and retention of nurses in hospitals.
   28  The Legislature also finds that evidenced-based nurse staffing
   29  that can help ensure quality and safe patient care while
   30  increasing nurse satisfaction in the work environment plays a
   31  key role in solving an urgent public health issue in this state.
   32  Hospitals and nursing organizations recognize a mutual interest
   33  in patient safety initiatives that create a healthy environment
   34  for nurses and safe care for patients.
   35         (b)In order to protect patients, support a greater
   36  retention of registered nurses, and promote evidence-based nurse
   37  staffing, the Legislature intends to establish a mechanism
   38  whereby direct-care nurses and hospital management participate
   39  in a joint process regarding decisions about nurse staffing.
   40         (2)DEFINITIONS.—As used in this section, the term:
   41         (a)Hospital” has the same meaning as defined in s.
   42  395.002.
   43         (b)Acuity” means the level of patient need for nursing
   44  care, as determined by the nursing assessment.
   45         (c)Nursing personnel” means registered nurses, licensed
   46  practical nurses, certified nursing assistants, and unlicensed
   47  assistive nursing personnel providing direct patient care.
   48         (d)Patient care unit” means any unit or area of the
   49  hospital in which patient care is provided by registered nurses.
   50         (e)Skill mix” means the number and relative percentages
   51  of registered nurses, licensed practical nurses, certified
   52  nursing assistants, and unlicensed assistive nursing personnel
   53  among the total number of nursing personnel.
   54         (3)NURSING STAFFING COMMITTEE; DUTIES.—
   55         (a)By September 1, 2009, each hospital shall establish a
   56  nurse staffing committee by creating a new committee or by
   57  assigning the functions of a nurse staffing committee to an
   58  existing committee. Hospital administrative staff shall appoint
   59  the members of the nurse staffing committee, and a significant
   60  number of the members must be registered nurses who currently
   61  provide direct patient care.
   62         (b)Primary responsibilities of the nurse staffing
   63  committee include:
   64         1.The development and oversight of an annual patient care
   65  unit and shift-based nurse staffing plan, based on the needs of
   66  patients, which shall be used as the primary component of the
   67  staffing budget. Factors to be considered in the development of
   68  the plan shall include, but need not be limited to:
   69         a.The patient census, including the total number of
   70  patients in the unit on each shift, and activities such as
   71  patient discharges, admissions, and transfers;
   72         b.Level of acuity of all patients and nature of the care
   73  to be delivered on each shift;
   74         c.Skill mix;
   75         d.Level of education, training, and experience of the
   76  nursing personnel providing care;
   77         e.The need for specialized or intensive equipment;
   78         f.The architecture and geography of the patient care unit,
   79  including, but not limited to, the placement of patient rooms,
   80  treatment areas, nursing stations, medication-preparation areas,
   81  and equipment;
   82         g.Staffing guidelines adopted or published by national
   83  nursing professional associations, specialty nursing
   84  organizations, and other professional health care organizations;
   85  and
   86         h.Hospital finances and resources.
   87         2.A semiannual review of the staffing plan against patient
   88  needs and known evidence-based staffing information, including
   89  the nursing-sensitive quality indicators collected by the
   90  hospital.
   91         3.The review, assessment, and response to staffing
   92  concerns presented to the committee.
   93         (c)The committee shall produce the hospital's annual nurse
   94  staffing plan. If this staffing plan is not adopted by the
   95  hospital, the chief executive officer shall provide a written
   96  explanation of the reasons to the committee.
   97         (d)Each hospital shall post in an employee area on each
   98  patient care unit the nurse staffing plan and the nurse staffing
   99  schedule for that shift on that unit, as well as the relevant
  100  clinical staffing for that shift. The staffing plan and current
  101  staffing levels must also be made available to patients and
  102  visitors upon request.
  103         Section 2. This act shall take effect July 1, 2009.