Senate Bill sb2302

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    Florida Senate - 2003                                  SB 2302

    By Senator Dawson





    29-1412A-03

  1                      A bill to be entitled

  2         An act relating to the staffing of health care

  3         facilities; providing a short title; providing

  4         legislative findings; defining terms;

  5         prescribing facility staffing standards

  6         relating to nurse-to-patient ratios, staffing

  7         plans, and the minimum skill mix; allowing the

  8         implementation of higher staffing levels;

  9         providing recordkeeping requirements;

10         prohibiting mandatory overtime and excessive

11         duty hours; allowing voluntary overtime work;

12         providing a statement of employee rights;

13         providing for the Agency for Health Care

14         Administration to ensure compliance with the

15         act and to adopt rules; providing an effective

16         date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Short title.--This act may be cited as "The

21  Safe Staffing for Quality Care Act."

22         Section 2.  Legislative findings.--The Legislature

23  finds that:

24         (1)  The state has a substantial interest in assuring

25  that delivery of health care services to patients in health

26  care facilities located within this state is adequate and safe

27  and that health care facilities retain sufficient nursing

28  staff so as to promote optimal health care outcomes.

29         (2)  Recent changes in our health care delivery system

30  are resulting in a higher acuity level among patients in

31  health care facilities.

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 1         (3)  Extensive research indicates that inadequate

 2  registered-nurse staffing in hospitals can result in increased

 3  patient death rates, dangerous medical errors, and increased

 4  length of stay.

 5         (4)  To ensure the adequate protection and care for

 6  patients in health care facilities, it is essential that

 7  qualified registered nurses be accessible and available to

 8  meet the nursing needs of patients.

 9         Section 3.  Definitions.--As used in this act, the

10  term:

11         (1)  "Acuity system" means an established measurement

12  instrument that:

13         (a)  Predicts nursing care requirements for individual

14  patients based on severity of patient illness, need for

15  specialized equipment and technology, intensity of nursing

16  interventions required, and the complexity of clinical nursing

17  judgment needed to design, implement, and evaluate the

18  patient's nursing care plan;

19         (b)  Details the amount of nursing care needed, both in

20  number of registered nurses and in skill mix of nursing

21  personnel required daily for each patient in a nursing

22  department or unit; and

23         (c)  Is stated in terms that can be readily used and

24  understood by direct-care nursing staff.

25         (2)  "Assessment tool" means a measurement system that

26  compares the staffing level in each nursing department or unit

27  to actual patient nursing care requirements in order to review

28  the accuracy of an acuity system.

29         (3)  "Documented staffing plan" means a detailed

30  written plan setting forth the minimum number, skill mix, and

31  classification of licensed nurses required in each nursing

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    Florida Senate - 2003                                  SB 2302
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 1  department or unit in the health facility for a given year,

 2  based on reasonable projections derived from the patient

 3  census and average acuity level within each department or unit

 4  during the previous year, the department or unit size and

 5  geography, the nature of services provided, and any forseeable

 6  changes in department or unit size or function during the

 7  current year.

 8         (4)  "Critical care unit" means a unit of a hospital

 9  which is established to safeguard and protect patients the

10  severity of whose medical conditions requires continuous

11  monitoring and complex nursing intervention.

12         (5)  "Declared state of emergency" means an officially

13  designated state of emergency which has been declared by a

14  federal, state, or local government official who has the

15  authority to declare that the state, county, municipality, or

16  locality is in a state of emergency, but does not include a

17  state of emergency which results from a labor dispute in the

18  health care industry.

19         (6)  "Direct-care nurse" or "direct-care nursing staff"

20  means any registered nurse who has direct responsibility to

21  oversee or carry out medical regimens or nursing care for one

22  or more patients. Only registered nurses who have specific

23  patient care assignments shall be included in the calculation

24  of the registered nurse-to-patient ratio.

25         (7)  "Health care facility" means an acute care

26  hospital; an emergency care, ambulatory, or outpatient surgery

27  facility licensed under section 395.003, Florida Statutes; or

28  a psychiatric facility licensed under chapter 394, Florida

29  Statutes.

30         (8)  "Nurse" means a registered nurse.

31  

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 1         (9)  "Nursing care means care that falls within the

 2  scope of practice set forth in chapter 464, Florida Statutes,

 3  and other laws and regulations or that is otherwise

 4  encompassed within recognized professional standards of

 5  nursing practice, including assessment, nursing diagnosis,

 6  planning, intervention, evaluation, and patient advocacy.

 7         (10)  "Off-duty" means that the individual has no

 8  restrictions placed on his or her whereabouts and is free of

 9  all restraint or duty on behalf of the health care facility.

10         (11)  "On-duty" means that the individual is required

11  to be available and ready to perform services on request

12  within or on behalf of the health care facility and includes

13  any rest periods or breaks during which the individual's

14  ability to leave the health care facility is restricted either

15  expressly or by work-related circumstances beyond the

16  individual's control.

17         (12)  "Overtime" means the hours worked in excess of

18  any of the following:

19         (a)  An agreed-upon, predetermined, regularly scheduled

20  shift;

21         (b)  Twelve hours in a 24-hour period; or

22         (c)  Eighty hours in a consecutive 14-day period.

23         (13)  "On-call time" means time spent by an employee

24  who is not working on the premises of the place of employment

25  but who is compensated for availability or who, as a condition

26  of employment, has agreed to be available to return to the

27  premises of the place of employment on short notice if the

28  need arises.

29         (14)  "Reasonable efforts" in reference to the

30  prohibition on mandatory overtime means that the employer does

31  all of the following but is unable to obtain staff coverage:

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 1         (a)  Seeks individuals to volunteer to work extra time

 2  from all available qualified staff who are working;

 3         (b)  Contacts qualified employees who have made

 4  themselves available to work extra time;

 5         (c)  Seeks the use of per diem staff; and

 6         (d)  Seeks personnel from a contracted temporary agency

 7  if such staffing is permitted by law or an applicable

 8  collective bargaining agreement.

 9         (15)  "Unforeseeable emergent circumstance" means:

10         (a)  Any unforseen declared national, state, or

11  municipal emergency;

12         (b)  A situation in which a health care facility

13  disaster plan is activated; or

14         (c)  Any unforseen disaster or other catastrophic event

15  that substantially affects or increases the need for health

16  care services.

17         (16)  "Skill mix" means the differences in licensing,

18  specialty, and experience among direct-care nurses.

19         (17)  "Staffing level" means the actual numerical

20  registered nurse-to-patient ratio within a nursing department

21  or unit.

22         Section 4.  Facility staffing standards.--

23         (1)  SPECIFIC STANDARDS.--Hospitals shall provide

24  staffing by registered nurses in accordance with the following

25  maximum patient assignments in the units specified. Additional

26  registered nurse staffing, auxiliary staffing by nurses other

27  than registered nurses or staffing by other healthcare

28  professionals are not included in these ratios and shall be

29  determined pursuant to the patient classification system as

30  provided in paragraph (b). Nurse-to-patient ratios represent

31  the maximum number of patients which shall be assigned to one

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 1  registered nurse during one shift. Only nurses providing

 2  direct patient care shall be included in the ratios. This

 3  section does not prohibit a registered nurse from providing

 4  care within the scope of his or her practice to a patient who

 5  is assigned to another nurse.

 6         (a)  There shall be a maximum of two patients assigned

 7  to each registered nurse so that the minimum registered

 8  nurse-to-patient ratio in a critical care unit must be 1:2 or

 9  fewer at any time. As used in this paragraph, the term

10  "critical care unit" means a nursing unit of a general acute

11  care hospital which provides one of the following services: an

12  intensive care service, a burn center, a coronary care

13  service, or an acute respiratory service. In the intensive

14  care newborn nursery service, a maximum of two patients shall

15  be assigned to each registered nurse.

16         (b)  The surgical service operating room shall have a

17  maximum of one patient-occupied operating room assigned to

18  each registered nurse.

19         (c)  There shall be a maximum of two patients assigned

20  to each registered nurse in a labor and delivery suite of the

21  perinatal service so that the registered nurse-to-patient

22  ratio shall be 1:2 or fewer at any time.

23         (d)  There shall be a maximum of two patients assigned

24  to each registered nurse in a labor/delivery unit.

25         (e)  There shall be a maximum of three mother-baby

26  couplets assigned to each registered nurse in a postpartum

27  area of the perinatal unit at any time. In the event of

28  multiple births, the total number of mothers plus infants

29  assigned to a single registered nurse shall never exceed six.

30         (f)  There shall be a maximum of two patients assigned

31  to each registered nurse in a postanesthesia recovery unit.

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 1         (g)  In a hospital providing basic emergency medical

 2  services or comprehensive emergency medical services, there

 3  shall be a maximum of three patients who are receiving

 4  emergency treatment assigned to each registered nurse so that

 5  the registered nurse-to-patient ratio in an emergency

 6  department shall be 1:3 or fewer at any time patients are

 7  receiving treatment. There shall be no fewer than two

 8  registered nurses physically present in the emergency

 9  department when a patient is present.

10         (h)  The nurse assigned to triage patients shall not

11  have a patient assignment, shall not be assigned

12  responsibility for the base radio, and shall not be counted in

13  the registered nurse-to-patient ratio.

14         (i)  When nursing staff are attending critical care

15  patients in the emergency department, there shall be a maximum

16  of two patients assigned to each registered nurse. When

17  nursing staff in the emergency department are attending trauma

18  patients, there shall be a maximum of one patient assigned to

19  each registered nurse at any time.

20         (j)  There shall be a maximum of three patients

21  assigned to each registered nurse in a step-down unit so that

22  the minimum registered nurse-to-patient ratio shall be 1:3 or

23  fewer at any time. As used in this paragraph, the term:

24         1.  "Artificial life support" means a system that uses

25  medical technology to aid, support, or replace a vital

26  function of the body which has been seriously damaged.

27         2.  "Step-down unit" means a unit that is organized,

28  operated, and maintained to provide for the monitoring and

29  care of patients with moderate or potentially severe

30  physiologic instability requiring technical support but not

31  necessarily artificial life support.

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 1         3.  "Technical support" means specialized equipment or

 2  personnel, or both, providing for invasive monitoring,

 3  telemetry, and mechanical ventilation, for the immediate

 4  amelioration or remediation of severe pathology for those

 5  patients requiring less care than intensive care but more than

 6  that which is available from medical/surgical care.

 7         (k)  There shall be a maximum of three patients

 8  assigned to each registered nurse so that the minimum

 9  registered nurse-to-patient ratio in a telemetry unit shall be

10  1:3 or fewer at any time. As used in this paragraph, the term

11  "telemetry unit" means a unit designated for the electronic

12  monitoring, recording, retrieval, and display of cardiac

13  electrical signals.

14         (l)  There shall be a maximum of four patients assigned

15  to each registered nurse so that the minimum registered

16  nurse-to-patient ratio in medical/surgical care units shall be

17  1:4 or fewer at any time. A medical/surgical unit is a unit

18  with beds classified as medical/surgical in which patients who

19  require less care than that which is available in intensive

20  care units or step-down units receive 24-hour inpatient

21  general medical services, postsurgical services, or both

22  general medical and postsurgical services. Such a unit may

23  include mixed patient populations of diverse diagnoses and

24  diverse age groups.

25         (m)  There shall be a maximum of four patients assigned

26  to each registered nurse so that the minimum registered

27  nurse-to-patient ratio in a specialty care unit shall be 1:4

28  or fewer at any time. A specialty care unit is a unit that is

29  organized, operated, and maintained to provide care for a

30  specific medical condition or a specific patient population,

31  is more comprehensive for the specific condition or disease

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 1  process than that which is available on medical/surgical

 2  units, and is not otherwise specifically covered in this

 3  section.

 4         (n)  There shall be a maximum of four patients assigned

 5  to each registered nurse so that the minimum registered

 6  nurse-to-patient ratio in an acute care psychiatric unit shall

 7  be 1:4 or fewer at any time.

 8         (o)  Identifying a unit by a name or term other than

 9  those used in this subsection does not affect the requirement

10  to staff at the ratios identified for the level or type of

11  care described in this subsection.

12         (2)  STAFFING PLAN.--To ensure that it is staffed in a

13  manner that provides sufficient, appropriately qualified

14  nursing staff of each classification in each department or

15  unit within the facility in order to meet the individualized

16  care needs of the patients therein and to meet the

17  requirements for registered nurse staffing set forth in

18  subsection (1), each health care facility licensed under this

19  statute shall annually submit to the Agency for Health Care

20  Administration a documented staffing plan, together with a

21  written certification that the staffing plan is sufficient to

22  provide adequate and appropriate delivery of health care

23  services to patients for the ensuing year. The staffing plan

24  must:

25         (a)  Meet the minimum requirements set forth in

26  subsection (1);

27         (b)  Be adequate to meet any additional requirements

28  provided by other laws or regulations;

29         (c)  Employ and identify an approved acuity system for

30  addressing fluctuations in actual patient acuity levels and

31  

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 1  nursing care requirements requiring increased staffing levels

 2  above the minimums set forth in the plan;

 3         (d)  Factor in other unit or department activity, such

 4  as discharges, transfers and admissions, and administrative

 5  and support tasks, which is expected to be done by direct-care

 6  nurses in addition to direct nursing care;

 7         (e)  Identify the assessment tool used to validate the

 8  acuity system relied on in the plan;

 9         (f)  Identify the system that will be used daily to

10  document actual staffing within each department or unit;

11         (g)  Include a written assessment of the accuracy of

12  the previous year's staffing plan in light of actual staffing

13  needs;

14         (h)  Identify each nurse staff classification

15  referenced therein together with a statement setting forth

16  minimum qualifications for each such classification; and

17         (i)  Be developed in consultation with the direct-care

18  nursing staff within each department or unit or, if such staff

19  is represented, with the applicable recognized or certified

20  collective-bargaining representatives of the direct-care

21  nursing staff.

22         (3)  MINIMUM SKILL MIX.--The skill mix reflected in a

23  staffing plan must assure that all of the following elements

24  of the nursing process are performed in the planning and

25  delivery of care for each patient: assessment, nursing

26  diagnosis, planning, intervention, evaluation, and patient

27  advocacy.

28         (a)  The skill mix may not incorporate or assume that

29  nursing care functions required by licensing law or

30  regulations or accepted standards of practice to be performed

31  

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 1  by a registered nurse or licensed practical nurse are to be

 2  performed by unlicensed assistant personnel.

 3         (b)  A nurse may not be assigned, or included in the

 4  count of assigned nursing staff for purposes of compliance

 5  with minimum staffing requirements, in a nursing department or

 6  unit or a clinical area within the health facility unless the

 7  nurse is qualified in the area of practice to which the nurse

 8  is assigned.

 9         (4)  COMPLIANCE WITH PLAN.--As a condition of

10  licensing, a health care facility must at all times staff in

11  accordance with its staffing plan and the staffing standards

12  set forth in this section; however, this section does not

13  preclude a health care facility's implementing higher

14  direct-care nurse-to-patient staffing levels.

15         (5)  RECORDKEEPING.--The facility shall maintain

16  records sufficient to allow the agency to determine the daily

17  staffing ratios and skill mixes that the facility maintained

18  on each unit.

19         Section 5.  Mandatory overtime and excessive duty

20  hours.--

21         (1)  PROHIBITION OF MANDATORY OVERTIME.--An employee of

22  a health care facility may not be required to work overtime as

23  defined in section 3 of this act. Compelling or attempting to

24  compel an employee to work overtime is contrary to public

25  policy and is a violation of this section. The acceptance by

26  any employee of overtime work is strictly voluntary, and the

27  refusal of an employee to accept such overtime work is not

28  grounds for discrimination, dismissal, discharge, or any other

29  penalty; threats of reports for discipline; or employment

30  decisions adverse to the employee.

31  

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 1         (2)  APPLICABILITY.--This section does not apply to

 2  work that occurs:

 3         (a)  Because of any unforeseeable emergent

 4  circumstance;

 5         (b)  During prescheduled on-call time if, as of July 1,

 6  2003, such prescheduled on-call time was a customary and

 7  longstanding practice in the unit or department of the health

 8  care facility; or

 9         (c)  Because of unpredictable and unavoidable

10  occurrences relating to health care delivery which occur at

11  unscheduled intervals and require immediate action, if the

12  employer shows that the employer has exhausted reasonable

13  efforts to obtain staffing. An employer has not used

14  reasonable efforts if overtime work is used to fill vacancies

15  resulting from chronic staff shortages.

16         (3)  This section does not prohibit a health care

17  employee from voluntarily working overtime.

18         Section 6.  Employee rights.--

19         (1)  RIGHT TO REFUSE ASSIGNMENT UNDER CONDITIONS THAT

20  WOULD VIOLATE STANDARDS.--A health facility covered by this

21  act shall not penalize, discriminate against, or retaliate in

22  any manner against a direct-care registered nurse for refusing

23  an assignment that would violate requirements set forth in

24  this act.

25         (2)  RIGHT TO REPORT VIOLATIONS OF SAFE STAFFING

26  STANDARDS.--A health facility covered by this act shall not

27  penalize, discriminate against, or retaliate in any manner

28  against an employee with respect to compensation, terms, or

29  conditions or privileges of employment if such an employee in

30  good faith, individually or in conjunction with another person

31  or persons:

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 1         (a)  Reports a violation or suspected violation of this

 2  act to a public regulatory agency, a private accreditation

 3  body, or management personnel of the health care facility;

 4         (b)  Initiates, cooperates, or otherwise participates

 5  in an investigation or proceeding brought by a regulatory

 6  agency or private accreditation body concerning matters

 7  covered by this act;

 8         (c)  Informs or discusses with other employees, with

 9  representatives of the employees, with patients or patient

10  representatives, or with the public violations or suspected

11  violations of this act; or

12         (d)  Otherwise avails himself or herself of the rights

13  set forth in this act.

14         (3)  For purposes of this section, an employee is

15  acting in good faith if the employee reasonably believes that

16  the information reported or disclosed is true and that a

17  violation has occurred or may occur.

18         Section 7.  Implementation and enforcement.--

19         (1)  The Agency for Health Care Administration shall

20  ensure general compliance with the staffing plans and

21  standards set forth in this act. The agency may adopt such

22  rules as are necessary to implement this act. At a minimum,

23  the rules must provide for:

24         (a)  Unannounced, random compliance site visits to

25  licensed health care facilities that are covered by the act;

26         (b)  An accessible and confidential system by which the

27  public and nursing staff can report a health facility's

28  failure to comply with this act;

29         (c)  A systematic means for investigating and

30  correcting violations of the act;

31  

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 1         (d)  A graduated system of penalties, including fines,

 2  withholding of reimbursement, suspension of admission to

 3  specific units, and other appropriate measures, if violations

 4  are not corrected;

 5         (e)  Public access to information regarding reports of

 6  inspections, results, deficiencies, and corrections.

 7         (2)  The agency shall develop rules to administer this

 8  act which require compliance with the staffing standards for

 9  critical care units by July 1, 2004, and compliance with all

10  provisions of this act by July 1, 2006.

11         Section 8.  This act shall take effect July 1, 2003.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Creates "The Safe Staffing for Quality Care Act,"
      relating to staffing in health care facilities. Provides
16    facility staffing standards. Prohibits mandatory overtime
      and excessive duty hours. Allows voluntary overtime
17    hours. Provides a statement of employee rights. Requires
      the Agency for Health Care Administration to ensure
18    compliance with the act and to adopt rules for
      administering the act.
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