Florida Senate - 2015 SB 1342 By Senator Braynon 36-00559-15 20151342__ 1 A bill to be entitled 2 An act relating to nurse staffing levels; creating s. 3 395.01922, F.S.; providing definitions; establishing a 4 nurse staffing committee in each hospital; providing 5 membership and duties; requiring the hospital to post 6 and publicize the nurse staffing plan and schedule; 7 providing an effective date. 8 9 WHEREAS, registered nurses play a critical role in patient 10 safety and quality of care and the ever-worsening shortage of 11 nurses available to provide care in acute care hospitals has 12 necessitated multiple strategies to generate more nurses and 13 improve the recruitment and retention of nurses in hospitals, 14 and 15 WHEREAS, evidence-based nurse staffing can improve the 16 quality of patient care and improve nurse satisfaction in the 17 work environment, and hospital administrators and nursing 18 organizations recognize a mutual interest in promoting 19 initiatives that create a healthy environment for nurses and 20 safe care for patients, and 21 WHEREAS, to protect patients, support greater retention of 22 registered nurses, and promote evidence-based nurse staffing 23 initiatives, the Legislature intends to establish a mechanism 24 whereby direct patient care nurses and hospital management shall 25 participate in a joint process regarding decisions about nurse 26 staffing levels, NOW, THEREFORE, 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 395.01922, Florida Statutes, is created 31 to read: 32 395.01922 Nurse Staffing levels.— 33 (1) DEFINITIONS.—As used in this section, the term: 34 (a) “Acuity” means the level of patient need for nursing 35 care, as determined by the nursing assessment. 36 (b) “Employee injury or illness” means an unexpected 37 physical or psychological injury or illness sustained by nursing 38 staff in the performance of their nursing duties. 39 (c) “Nursing personnel” means a registered nurse, a 40 licensed practical nurse, a certified nursing assistant, or 41 unlicensed assistive personnel who provide direct patient care. 42 (d) “Patient care unit” means a unit or area of the 43 hospital where patient care is provided by registered nurses. 44 (e) “Sentinel event” means an unexpected patient death or 45 injury as defined by the hospital. 46 (f) “Skill mix” means the number and relative percentages 47 of registered nurses, licensed practical nurses, certified 48 nursing assistants, and unlicensed assistive personnel who 49 provide direct patient care among the total number of nursing 50 personnel. 51 (2) NURSE STAFFING COMMITTEE.— 52 (a) By September 1, 2015, each hospital shall establish a 53 nurse staffing committee, either by creating a new committee or 54 assigning the functions of a nurse staffing committee to an 55 existing committee. At least one-half of the members of the 56 nurse staffing committee shall be registered nurses currently 57 providing direct patient care and up to one-half of the members 58 shall be determined by the hospital administration. 59 (b) The nurse staffing committee shall: 60 1. Develop and oversee an annual patient care unit and 61 shift-based nurse staffing plan, based on the needs of patients, 62 to be used as the primary component of the staffing budget. 63 Factors to be considered in the development of the plan shall 64 include, but are not limited to: 65 a. Census data, including total number of patients on the 66 unit on each shift and activity such as patient discharges, 67 admissions, and transfers. 68 b. Level of acuity of each patient and nature of the care 69 to be delivered on each shift. 70 c. Skill mix. 71 d. Level of education, training, and experience of nursing 72 personnel providing care. 73 e. The need for specialized or intensive equipment, 74 including protective equipment. 75 f. The architecture and geography of the patient care unit, 76 including, but not limited to, placement of patient rooms, 77 treatment areas, quarantine areas, nursing stations, medication 78 preparation areas, and equipment, including protective 79 equipment. 80 g. Staffing guidelines adopted or published by national 81 nursing professional associations, specialty nursing 82 organizations, and other health professional organizations. 83 h. Hospital finances and resources. 84 2. Review and revise the nurse staffing plan semiannually, 85 based on the needs of patients and evidence-based staffing 86 information, including information relating to the quality of 87 nursing care collected by the hospital. 88 3. Review, assess, and respond to staffing or other 89 concerns. 90 4. Review data relating to sentinel events, employee 91 injuries, and employee illnesses and evaluate whether the nurse 92 staffing plan was a contributing factor. The committee shall 93 revise the nurse staffing plan if staffing was a contributing 94 factor to a sentinel event. 95 (c) Each hospital shall post, in an employee area on each 96 patient care unit, the nurse staffing plan and the nurse 97 staffing schedule for the shift on that unit and the relevant 98 clinical staffing for that shift. 99 (d) Each hospital shall publish the nurse staffing plan on 100 its website. Patients and visitors shall be provided with a 101 print version of the nurse staffing plan upon request. The 102 hospital shall provide the following information to patients and 103 visitors: 104 1. Anticipated staffing mix for the requested unit, 105 including the number of registered nurses, licensed practical 106 nurses, nursing assistants, unlicensed personnel who provide 107 direct patient care, and clerical support staff. 108 2. Anticipated number of registered nurses providing care 109 in the requested unit for the requested period. 110 Section 2. This act shall take effect July 1, 2015.