| 1 | A bill to be entitled | 
| 2 | An act relating to nursing services; creating s.  | 
| 3 | 395.01922, F.S.; providing definitions; requiring  | 
| 4 | hospitals to establish nurse staffing committees;  | 
| 5 | providing for membership and responsibilities; requiring  | 
| 6 | committees to produce annual hospital nurse staffing  | 
| 7 | plans; requiring the chief executive officer to provide a  | 
| 8 | written explanation for refusal to adopt a proposed  | 
| 9 | staffing plan; requiring the hospital to post the adopted  | 
| 10 | nurse staffing plan and nurse staffing schedule in patient  | 
| 11 | care units; providing for patient and visitor access to  | 
| 12 | staffing plans and schedules; providing an effective date. | 
| 13 | 
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| 14 |      WHEREAS, research demonstrates that registered nurses play  | 
| 15 | a critical role in patient safety and quality of care, and  | 
| 16 | because of the ever-worsening shortage of nurses hospitals are  | 
| 17 | employing multiple strategies to recruit and retain nurses, and | 
| 18 |      WHEREAS, the implementation of evidence-based nurse  | 
| 19 | staffing plans to foster safe, high-quality patient care and  | 
| 20 | increase job satisfaction for nurses is crucial to solving this  | 
| 21 | urgent public health issue, and | 
| 22 |      WHEREAS, hospitals and nursing organizations share a mutual  | 
| 23 | interest in patient safety initiatives that create a healthy  | 
| 24 | environment for nurses and improve the safe care of patients,  | 
| 25 | and | 
| 26 |      WHEREAS, in order to protect patients, support greater  | 
| 27 | retention of registered nurses, and promote evidence-based nurse  | 
| 28 | staffing, the Legislature intends to establish a mechanism  | 
| 29 | whereby direct care nurses and hospital administrative staff  | 
| 30 | participate in a joint process regarding decisions about nurse  | 
| 31 | staffing levels, NOW, THEREFORE, | 
| 32 | 
  | 
| 33 | Be It Enacted by the Legislature of the State of Florida: | 
| 34 | 
  | 
| 35 |      Section 1.  Section 395.01922, Florida Statutes, is created  | 
| 36 | to read: | 
| 37 |      395.01922  Nurse staffing committees.-- | 
| 38 |      (1)  As used in this section, the term: | 
| 39 |      (a)  "Acuity" means the level of patient need for nursing  | 
| 40 | care, as determined by the nursing assessment. | 
| 41 |      (b)  "Nurse staffing committee" means the committee  | 
| 42 | established by a hospital under this section. | 
| 43 |      (c)  "Nursing personnel" means registered nurses, licensed  | 
| 44 | practical nurses, certified nursing assistants, and unlicensed  | 
| 45 | assistive personnel providing direct patient care. | 
| 46 |      (d)  "Nursing-sensitive quality indicators" means  | 
| 47 | indicators that capture care or the outcomes most affected by  | 
| 48 | nursing care. | 
| 49 |      (e)  "Patient care unit" means any unit or area of the  | 
| 50 | hospital that provides patient care by registered nurses. | 
| 51 |      (f)  "Skill mix" means the number and relative percentages  | 
| 52 | of registered nurses, licensed practical nurses, certified  | 
| 53 | nursing assistants, and unlicensed assistive personnel among the  | 
| 54 | total number of nursing personnel. | 
| 55 |      (2)  By September 1, 2009, each hospital licensed under  | 
| 56 | this chapter shall establish a nurse staffing committee, either  | 
| 57 | by creating a new committee or assigning the functions of a  | 
| 58 | nurse staffing committee to an existing committee. A majority of  | 
| 59 | the members of the nurse staffing committee shall be registered  | 
| 60 | nurses currently providing direct patient care. Other members  | 
| 61 | shall be determined by the hospital administration. | 
| 62 |      (3)  Primary responsibilities of the nurse staffing  | 
| 63 | committee shall include: | 
| 64 |      (a)  The development and oversight of an annual patient  | 
| 65 | care unit and shift-based nurse staffing plan, based on the  | 
| 66 | needs of patients, to be used as the primary component of the  | 
| 67 | staffing budget. Factors to be considered in the development of  | 
| 68 | the plan include, but are not limited to: | 
| 69 |      1.  Census information, including total numbers of patients  | 
| 70 | in the unit on each shift, and activity in the unit, such as  | 
| 71 | patient discharges, admissions, and transfers. | 
| 72 |      2.  The acuity level of all patients and the nature of the  | 
| 73 | care to be delivered on each shift. | 
| 74 |      3.  The skill mix. | 
| 75 |      4.  The level of education, training, and experience of the  | 
| 76 | nursing personnel providing care. | 
| 77 |      5.  The need for specialized equipment. | 
| 78 |      6.  The architecture and geography of the patient care  | 
| 79 | unit, including, but not limited to, placement of patient rooms,  | 
| 80 | treatment areas, nursing stations, medication preparation areas,  | 
| 81 | and equipment. | 
| 82 |      7.  Staffing guidelines adopted or published by national  | 
| 83 | professional nursing associations, specialty nursing  | 
| 84 | organizations, and other health care professional organizations. | 
| 85 |      8.  Hospital finances and resources. | 
| 86 |      (b)  A semiannual review of the staffing plan with regard  | 
| 87 | to patient needs and evidence-based staffing information,  | 
| 88 | including the nursing-sensitive quality indicators collected by  | 
| 89 | the hospital. | 
| 90 |      (c)  A review, assessment, and response to staffing  | 
| 91 | concerns presented to the committee. | 
| 92 |      (4)  The committee shall produce an annual nurse staffing  | 
| 93 | plan for the hospital. If the hospital does not adopt the  | 
| 94 | recommended staffing plan, the chief executive officer of the  | 
| 95 | hospital shall provide a written explanation of the decision to  | 
| 96 | the committee. | 
| 97 |      (5)  Each hospital shall post the adopted nurse staffing  | 
| 98 | plan and staffing schedule for each shift in each patient care  | 
| 99 | unit. The staffing plan must be posted in an area visible to  | 
| 100 | employees. Current staffing schedules must be made available to  | 
| 101 | patients and visitors upon request. | 
| 102 |      Section 2.  This act shall take effect July 1, 2009. |