Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1256
       
       
       
       
       
       
                                Barcode 706478                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Health Regulation (Lawson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 395.051, Florida Statutes, is created to
    6  read:
    7         395.051Short title.—Sections 395.051-395.057 may be cited
    8  as the “Safe Staffing for Quality Care Act.”
    9         Section 2. Section 395.052, Florida Statutes, is created to
   10  read:
   11         395.052Legislative findings.—The Legislature finds that:
   12         (1)The state has a substantial interest in ensuring that
   13  delivery of health care services to patients in health care
   14  facilities located in this state is adequate and safe and that
   15  health care facilities retain sufficient nursing staff so as to
   16  promote optimal health care outcomes.
   17         (2)Recent changes in our health care delivery system are
   18  resulting in a higher acuity level among patients in health care
   19  facilities.
   20         (3)Registered nurses constitute the highest percentage of
   21  direct health care staff in acute care facilities and have a
   22  central role in delivering health care.
   23         (4)Extensive research indicates that inadequate registered
   24  nurse staffing in hospitals can result in increased patient
   25  death rates, dangerous medical errors, and increased length of
   26  stay.
   27         (5)To ensure adequate protection and care for patients in
   28  health care facilities, it is essential that qualified
   29  registered nurses who are trained and authorized to deliver
   30  nursing services be accessible and available to meet the nursing
   31  needs of patients.
   32         Section 3. Section 395.053, Florida Statutes, is created to
   33  read:
   34         395.053Definitions.—As used in this act, the term:
   35         (1)“Acuity system” means an established measurement
   36  instrument that:
   37         (a)Predicts nursing care requirements for individual
   38  patients based on the severity of patient illness, the need for
   39  specialized equipment and technology, the intensity of nursing
   40  interventions required, and the complexity of clinical nursing
   41  judgment needed to design, implement, and evaluate the patient’s
   42  nursing care plan;
   43         (b)Details the amount of nursing care needed, both in the
   44  number of registered nurses and in the skill mix of nursing
   45  personnel required daily for each patient in a nursing
   46  department or unit; and
   47         (c)Is stated in terms that can be readily used and
   48  understood by direct care nursing staff.
   49         (2)“Assessment tool” means a measurement system that
   50  compares the staffing level in each nursing department or unit
   51  against actual patient nursing care requirements in order to
   52  review the accuracy of an acuity system.
   53         (3)“Declared state of emergency” means an officially
   54  designated state of emergency which has been declared by a
   55  federal, state, or local government official who has the
   56  authority to declare that the state, county, municipality, or
   57  locality is in a state of emergency. The term does not include a
   58  state of emergency that results from a labor dispute in the
   59  health care industry.
   60         (4)“Direct care nurse” or “direct care nursing staff”
   61  means any registered nurse who has direct responsibility to
   62  oversee or carry out medical regimens or nursing care for one or
   63  more patients. A nurse administrator, nurse supervisor, nurse
   64  educator, charge nurse, or other registered nurse who does not
   65  have a specific patient assignment may not be included in the
   66  calculation of the registered nurse-to-patient ratio.
   67         (5)“Documented staffing plan” means a detailed written
   68  plan that sets forth the minimum number, skill mix, and
   69  classification of licensed nurses required in each nursing
   70  department or unit in the health care facility for a given year,
   71  based on reasonable projections derived from the patient census
   72  and average acuity level within each department or unit during
   73  the previous year, the department or unit size and geography,
   74  the nature of services provided, and any foreseeable changes in
   75  department or unit size or function during the current year.
   76         (6)“Health care facility” means an acute care hospital; an
   77  emergency care, ambulatory, or outpatient surgery facility
   78  licensed under s. 395.003; or a psychiatric facility licensed
   79  under chapter 394.
   80         (7)“Nurse” means a registered nurse.
   81         (8)“Nursing care” means care that falls within the scope
   82  of practice set forth in chapter 464 and other laws and rules or
   83  care that is otherwise encompassed within recognized
   84  professional standards of nursing practice, including
   85  assessment, nursing diagnosis, planning, intervention,
   86  evaluation, and patient advocacy.
   87         (9)“On-call time” means time spent by an employee who:
   88         (a)Is not working on the premises of the place of
   89  employment but who is compensated for availability; or
   90         (b)As a condition of employment, has agreed to be
   91  available to return to the premises of the place of employment
   92  on short notice if the need arises.
   93         (10)“Overtime” means the hours worked in excess of any of
   94  the following:
   95         (a)An agreed-upon, predetermined, regularly scheduled
   96  shift;
   97         (b)Twelve hours in a 24-hour period; or
   98         (c)Eighty hours in a consecutive 14-day period.
   99         (11)“Reasonable efforts,” in reference to the prohibition
  100  on mandatory overtime, means that the employer is unable to
  101  obtain staff coverage even though the employer has:
  102         (a)Sought, from among all available qualified staff who
  103  are working, individuals who would volunteer to work extra time;
  104         (b)Contacted employees who have made themselves available
  105  to work extra time;
  106         (c)Sought the use of per diem staff; and
  107         (d)Sought personnel from a contracted temporary agency if
  108  such staffing is permitted by law or an applicable collective
  109  bargaining agreement.
  110         (12)“Skill mix” means the differences in licensing,
  111  specialty, and experience among direct care nurses.
  112         (13)“Staffing level” means the actual numerical registered
  113  nurse-to-patient ratio within a nursing department or unit.
  114         (14)“Unforeseeable emergent circumstance” means:
  115         (a)An unforeseen declared national, state, or municipal
  116  emergency;
  117         (b)A situation in which a health care disaster plan is
  118  activated; or
  119         (c)An unforeseen disaster or other catastrophic event that
  120  substantially affects or increases the need for health care
  121  services.
  122         Section 4. Section 395.054, Florida Statutes, is created to
  123  read:
  124         395.054Facility staffing standards.—
  125         (1)STAFFING PRINCIPLES.—The basic principles of staffing
  126  in health care facilities should be focused on patient health
  127  care needs and based on consideration of patient acuity levels
  128  and services that need to be provided to ensure optimal
  129  outcomes. Safe staffing practices recognize the importance of
  130  all health care workers in providing quality patient care.
  131  Establishing staffing standards for registered nurses does not
  132  justify providing an insufficient level of staffing by other
  133  critical health care workers, including licensed practical
  134  nurses, social workers, and other licensed or unlicensed
  135  assistive personnel. The availability of licensed practical
  136  nurses, social workers, and other licensed or unlicensed
  137  assistive personnel enables registered nurses to focus on the
  138  nursing care functions that only registered nurses, by law, are
  139  permitted to perform and thereby helps to ensure adequate
  140  staffing levels.
  141         (2)SPECIFIC STANDARDS.—Health care facilities shall
  142  provide staffing by registered nurses in accordance with the
  143  minimum nurse-to-patient ratios that are set forth in this
  144  subsection. Staffing for care that does not require a registered
  145  nurse is not included within these ratios and must be determined
  146  pursuant to the patient classification system. Nurse-to-patient
  147  ratios represent the maximum number of patients that are
  148  assigned to one registered nurse during one shift. Only nurses
  149  providing direct patient care shall be included in the ratios.
  150  Nurse administrators, nurse supervisors, charge nurses, and
  151  other licensed nurses that do not have a specific patient care
  152  assignment may not be included in the calculation of the nurse
  153  to-patient ratio. This section does not prohibit a registered
  154  nurse from providing care within the scope of his or her
  155  practice to a patient assigned to another nurse.
  156         (a)No more than two patients may be assigned to each
  157  registered nurse, so that the minimum registered nurse-to
  158  patient ratio in a critical care unit is 1 to 2 or fewer at any
  159  time. As used in this paragraph, the term “critical care unit”
  160  means a nursing unit of a general acute care hospital that
  161  provides one of the following services: an intensive care
  162  service, a postanesthesia recovery service, a burn center
  163  service, a coronary care service, or an acute respiratory
  164  service. In the intensive care newborn nursery service, no more
  165  than two patients may be assigned to each nurse.
  166         (b)In the surgical service operating room, no more than
  167  one patient-occupied operating room may be assigned to each
  168  registered nurse.
  169         (c)No more than two patients may be assigned to each
  170  registered nurse in a labor and delivery unit of the perinatal
  171  service, so that the registered nurse-to-patient ratio is 1 to 2
  172  or fewer at any time.
  173         (d)No more than three mother-baby couplets may be assigned
  174  to each registered nurse in a postpartum area of the perinatal
  175  unit at any time. If multiple births have occurred, the total
  176  number of mothers plus infants which are assigned to a single
  177  registered nurse may not exceed six.
  178         (e)In a hospital that provides basic emergency medical
  179  services or comprehensive emergency medical services, no more
  180  than three patients who are receiving emergency services may be
  181  assigned to each registered nurse, so that the registered nurse
  182  to-patient ratio in an emergency department is 1 to 3 or fewer
  183  at any time patients are receiving treatment. No fewer than two
  184  registered nurses must be physically present in the emergency
  185  department when a patient is present.
  186         (f)The nurse assigned to triage patients may not have a
  187  patient assignment, may not be assigned the responsibility for
  188  the base ratio, and may not be counted in the registered nurse
  189  to-patient ratio.
  190         (g)When nursing staff are attending critical care patients
  191  in the emergency department, no more than two patients may be
  192  assigned to each registered nurse. When nursing staff in the
  193  emergency department are attending trauma patients, no more than
  194  one patient may be assigned to each registered nurse at any
  195  time.
  196         (h)No more than three patients may be assigned to each
  197  registered nurse in a step-down unit, so that the minimum
  198  registered nurse-to-patient ratio in a step-down unit is 1 to 3
  199  or fewer at any time. As used in this paragraph, the term:
  200         1.“Artificial life support” means a system that uses
  201  medical technology to aid, support, or replace a vital function
  202  of the body which has been seriously damaged.
  203         2.“Step-down unit” means a unit that is organized,
  204  operated, and maintained to provide for the monitoring and care
  205  of patients who have moderate or potentially severe physiologic
  206  instability that requires technical support but not necessarily
  207  artificial life support.
  208         3.“Technical support” means specialized equipment or
  209  personnel, or both, that provide for invasive monitoring,
  210  telemetry, and mechanical ventilation, for the immediate
  211  amelioration or remediation of severe pathology for those
  212  patients who require less care than intensive care but more care
  213  than can be provided in a medical surgical unit.
  214         (i)No more than three patients may be assigned to each
  215  registered nurse, so that the minimum registered nurse-to
  216  patient ratio in a telemetry unit is 1 to 3 or fewer at any
  217  time. As used in this paragraph, the term “telemetry unit” means
  218  a unit designated for the electronic monitoring, recording,
  219  retrieval, and display of cardiac electrical signals.
  220         (j)No more than four patients may be assigned to each
  221  registered nurse, so that the minimum registered nurse-to
  222  patient ratio in medical surgical care units is 1 to 4 or fewer
  223  at any time. As used in this paragraph, the term “medical
  224  surgical unit” means a unit that has beds classified as medical
  225  surgical in which patients who require less care than can be
  226  provided in intensive care units or step-down units receive 24
  227  hour inpatient general medical services, postsurgical services,
  228  or both general medical and postsurgical services. These units
  229  may include mixed patient populations of diverse diagnoses and
  230  diverse age groups.
  231         (k)No more than four patients may be assigned to each
  232  registered nurse, so that the minimum registered nurse-to
  233  patient ratio in a specialty care unit is 1 to 4 or fewer at any
  234  time. As used in this paragraph, the term “specialty care unit”
  235  means a unit that is organized, operated, and maintained to
  236  provide care for a specific medical condition or a specific
  237  patient population, is more comprehensive for the specific
  238  condition or disease process than can be provided in a medical
  239  surgical unit, and is not otherwise covered in this section.
  240         (l)No more than four patients may be assigned to each
  241  registered nurse, so that the minimum registered nurse-to
  242  patient ratio in an acute care psychiatric unit is 1 to 4 or
  243  fewer at any time.
  244  
  245  Identifying a unit by a name or term other than those used in
  246  this subsection does not affect the requirement to provide staff
  247  for the unit at the ratio required for the level or type of care
  248  provided in the unit, as set forth in this subsection.
  249         (3)STAFFING PLAN.—Each facility licensed under this
  250  chapter shall ensure that it provides sufficient, appropriately
  251  qualified nursing staff of each classification in each
  252  department or unit within the facility in order to meet the
  253  individualized care needs of the patients. To accomplish this
  254  goal, each health care facility licensed under this chapter
  255  shall submit annually to the agency a documented staffing plan
  256  together with a written certification that the staffing plan is
  257  sufficient to provide adequate and appropriate delivery of
  258  health care services to patients for the ensuing year. The
  259  staffing plan must:
  260         (a)Meet the minimum requirements set forth in subsection
  261  (2);
  262         (b)Meet any additional requirements provided by other laws
  263  or rules;
  264         (c)Employ and identify an approved acuity system for
  265  addressing fluctuations in actual patient acuity levels and
  266  nursing care requirements that require increased staffing levels
  267  above the minimums set forth in the plan;
  268         (d)Factor in other unit or department activity, such as
  269  discharges, transfers, and admissions and administrative support
  270  tasks that direct care nurses are expected to perform in
  271  addition to providing direct nursing care;
  272         (e)Identify the assessment tool used to validate the
  273  acuity system used in the plan;
  274         (f)Identify the system that will be used to document
  275  actual daily staffing levels within each department or unit;
  276         (g)Include a written assessment of the accuracy of the
  277  previous year’s staffing plan based on actual staffing needs;
  278         (h)Identify each nurse staff classification referred to in
  279  the staffing plan, together with a statement setting forth
  280  minimum qualifications for each classification; and
  281         (i)Be developed in consultation with the direct care
  282  nursing staff in each department or unit or, if such staff is
  283  covered by a collective bargaining agreement, with the
  284  applicable recognized or certified collective bargaining
  285  representatives of the direct care nursing staff.
  286         (4)MINIMUM SKILL MIX.—The skill mix reflected in a
  287  documented staffing plan must ensure that all of the following
  288  elements of the nursing process are performed in the planning
  289  and delivery of care for each patient: assessment, nursing
  290  diagnosis, planning, intervention, evaluation, and patient
  291  advocacy.
  292         (a)The skill mix may not incorporate or assume that
  293  nursing care functions that are required by licensing law or
  294  rules or accepted standards of practice to be performed by a
  295  licensed nurse are to be performed by unlicensed assistant
  296  personnel.
  297         (b)A nurse may not be assigned to or included in the count
  298  of assigned nursing staff for purposes of compliance with
  299  minimum staffing requirements in a nursing department or unit or
  300  a clinical area within the health care facility unless the nurse
  301  is qualified in the area of practice to which the nurse is
  302  assigned.
  303         (5)COMPLIANCE WITH PLAN.—As a condition of licensing, a
  304  health care facility must at all times provide staff in
  305  accordance with its documented staffing plan and the staffing
  306  standards set forth in this section; however, this section does
  307  not preclude a health care facility from implementing higher
  308  direct care, nurse-to-patient staffing levels.
  309         (6)RECORDKEEPING.—The facility shall maintain records
  310  sufficient to allow the agency to determine the daily staffing
  311  ratios and skill mixes that the facility has maintained on each
  312  unit.
  313         Section 5. Section 395.055, Florida Statutes, is created to
  314  read:
  315         395.055Mandatory overtime.—
  316         (1)An employee of a health care facility may not be
  317  required to work overtime as defined in s. 395.053. Compelling
  318  or attempting to compel an employee to work overtime is contrary
  319  to public policy and is a violation of this section. The
  320  acceptance by any employee of overtime work is strictly
  321  voluntary, and the refusal of an employee to accept such
  322  overtime work may not be grounds for discrimination, dismissal,
  323  discharge, or any other penalty; threats of reports for
  324  discipline; or employment decisions adverse to the employee.
  325         (2)This section does not apply to work that occurs:
  326         (a)Because of an unforeseeable emergent circumstance;
  327         (b)During prescheduled on-call time if, as of July 1,
  328  2009, such prescheduled on-call time was a customary and
  329  longstanding practice in the unit or department of the health
  330  care facility; or
  331         (c)Because of unpredictable and unavoidable occurrences
  332  relating to health care delivery that occur at unscheduled
  333  intervals and require immediate action, if the employer shows
  334  that the employer has exhausted reasonable efforts to comply
  335  with the documented staffing plan. An employer has not used
  336  reasonable efforts if overtime work is used to fill vacancies
  337  resulting from chronic staff shortages.
  338         (3)This section does not prohibit a health care employee
  339  from voluntarily working overtime.
  340         Section 6. Section 395.056, Florida Statutes, is created to
  341  read:
  342         395.056Employee rights.—
  343         (1)A health care facility may not penalize, discriminate
  344  against, or retaliate in any manner against a direct care
  345  registered nurse for refusing an assignment that would violate
  346  requirements of this act.
  347         (2)A health care facility may not penalize, discriminate
  348  against, or retaliate in any manner against an employee with
  349  respect to compensation for, or terms, conditions, or privileges
  350  of, employment if such an employee in good faith, individually
  351  or in conjunction with another person or persons:
  352         (a)Reports a violation or suspected violation of this act
  353  to a regulatory agency, a private accreditation body, or
  354  management personnel of the health care facility;
  355         (b)Initiates, cooperates in, or otherwise participates in
  356  an investigation or proceeding brought by a regulatory agency or
  357  private accreditation body concerning matters covered by this
  358  act;
  359         (c)Informs or discusses with any other employee, any
  360  representative of the employee, a patient or a patient’s
  361  representative, or with the public violations or suspected
  362  violations of this act; or
  363         (d)Otherwise avails himself or herself of the rights set
  364  forth in this act.
  365         (3)For purposes of this section, an employee is acting in
  366  good faith if the employee reasonably believes that the
  367  information reported or disclosed is true and that a violation
  368  has occurred or may occur.
  369         Section 7. Section 395.057, Florida Statutes, is created to
  370  read:
  371         395.057Implementation and enforcement.—
  372         (1)The agency shall enforce compliance with the staffing
  373  plans and standards set forth in this act. The agency may adopt
  374  rules necessary to administer this act. At a minimum, the rules
  375  must provide for:
  376         (a)Unannounced, random compliance site visits to licensed
  377  health care facilities subject to this act;
  378         (b)An accessible and confidential system by which the
  379  public and nursing staff can report a health care facility’s
  380  failure to comply with this act;
  381         (c)A systematic means of investigating and correcting
  382  violations of this act;
  383         (d)A graduated system of penalties, including fines,
  384  withholding of reimbursement, suspension of admission to
  385  specific units, and other appropriate measures, if violations
  386  are not corrected; and
  387         (e)Public access to information regarding reports of
  388  inspections, results, deficiencies, and corrections.
  389         (2)The agency shall develop rules for administering this
  390  act which require compliance with staffing standards for
  391  critical care units by July 1, 2010, and compliance with all
  392  provisions of this act by July 1, 2012.
  393         Section 8. This act shall take effect July 1, 2009.
  394  
  395  ================= T I T L E  A M E N D M E N T ================
  396         And the title is amended as follows:
  397         Delete everything before the enacting clause
  398  and insert:
  399                        A bill to be entitled                      
  400         An act relating to the staffing of health care
  401         facilities; creating ss. 395.051-395.057, F.S.;
  402         creating the “Safe Staffing for Quality Care Act”;
  403         providing a short title; providing legislative
  404         findings; defining terms; prescribing safe staffing
  405         standards for health care facilities; requiring
  406         licensed facilities to submit an annual staffing plan
  407         to the Agency for Health Care Administration;
  408         providing standards for the required skill mix;
  409         requiring compliance with the staffing plan; requiring
  410         recordkeeping; prohibiting mandatory overtime;
  411         providing applicability; permitting employees to
  412         refuse certain assignments and to report suspected
  413         violations of safe staffing standards; providing for
  414         the agency to enforce compliance with the act;
  415         requiring the agency to develop rules; providing an
  416         effective date.