Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 1256 Barcode 706478 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 7 395.051 Short 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: 11 395.052 Legislative 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: 34 395.053 Definitions.—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: 124 395.054 Facility 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: 315 395.055 Mandatory 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: 342 395.056 Employee 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: 371 395.057 Implementation 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.