Florida Senate - 2013                                    SB 1732
       
       
       
       By Senator Braynon
       
       
       
       
       36-00710-13                                           20131732__
    1                        A bill to be entitled                      
    2         An act relating to health care; creating the “Florida
    3         Hospital Patient Protection Act”; providing
    4         legislative findings; providing definitions; providing
    5         minimum staffing level requirements for the ratio of
    6         direct care registered nurses to patients in a health
    7         care facility; requiring that each health care
    8         facility implement a staffing plan; prohibiting the
    9         imposition of mandatory overtime and certain other
   10         actions by a health care facility; specifying the
   11         required nurse-to-patient ratios for each type of care
   12         provided; prohibiting the use of video cameras or
   13         monitors by a health care facility as a substitute for
   14         the required level of care; requiring that the chief
   15         nursing officer of a health care facility prepare a
   16         written staffing plan that meets the staffing levels
   17         required by the act; requiring that a health care
   18         facility annually evaluate its actual staffing levels
   19         and update the staffing plan based on the evaluation;
   20         requiring that certain documentation be submitted to
   21         the Agency for Health Care Administration and made
   22         available for public inspection; requiring that the
   23         agency develop uniform standards for use by health
   24         care facilities in establishing nurse staffing
   25         requirements; providing requirements for the committee
   26         members who are appointed to develop the uniform
   27         standards; requiring health care facilities to
   28         annually report certain information to the agency and
   29         post a notice containing such information in each unit
   30         of the facility; prohibiting a health care facility
   31         from assigning unlicensed personnel to perform
   32         functions or tasks that are performed by a licensed or
   33         registered nurse; specifying those actions that
   34         constitute professional practice by a direct care
   35         registered nurse; requiring that patient assessment be
   36         performed only by a direct care registered nurse;
   37         authorizing a direct care registered nurse to assign
   38         certain specified activities to other licensed or
   39         unlicensed nursing staff; prohibiting a health care
   40         facility from deploying technology that limits certain
   41         care provided by a direct care registered nurse;
   42         providing that it is a duty and right of a direct care
   43         registered nurse to act as the patient’s advocate;
   44         providing certain requirements with respect to such
   45         duty; authorizing a direct care registered nurse to
   46         refuse to perform certain activities if he or she
   47         determines that it is not in the best interests of the
   48         patient; providing that a direct care registered nurse
   49         may refuse to accept an assignment under certain
   50         circumstances; prohibiting a health care facility from
   51         discharging, discriminating, or retaliating against a
   52         nurse based on such refusal; providing that a direct
   53         care registered nurse has a right of action against a
   54         health care facility that violates certain provisions
   55         of the act; requiring that the Agency for Health Care
   56         Administration establish a toll-free telephone hotline
   57         to provide information and to receive reports of
   58         violations of the act; requiring that certain
   59         information be provided to each patient who is
   60         admitted to a health care facility; prohibiting a
   61         health care facility from interfering with the right
   62         of nurses to organize or bargain collectively;
   63         authorizing the agency to impose fines for violations
   64         of the act; requiring that the agency post in its
   65         website information regarding health care facilities
   66         that have violated the act; providing an effective
   67         date.
   68  
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Short title.—Sections 1 through 8 of this act
   72  may be cited as the “Florida Hospital Patient Protection Act.”
   73         Section 2. Legislative findings.—The Legislature finds
   74  that:
   75         (1) The state has a substantial interest in ensuring that,
   76  in the delivery of health care services to patients, health care
   77  facilities retain sufficient nursing staff so as to promote
   78  optimal health care outcomes.
   79         (2) Health care services are becoming more complex and it
   80  is increasingly difficult for patients to access integrated
   81  services. Competent, safe, therapeutic, and effective patient
   82  care is jeopardized because of staffing changes implemented in
   83  response to market-driven managed care. To ensure effective
   84  protection of patients in acute care settings, it is essential
   85  that qualified direct care registered nurses be accessible and
   86  available to meet the individual needs of the patient at all
   87  times. In order to ensure the health and welfare of state
   88  residents and to ensure that hospital nursing care is provided
   89  in the exclusive interests of patients, mandatory practice
   90  standards and professional practice protections for professional
   91  direct care registered nursing staff must be established. Direct
   92  care registered nurses have a duty to care for assigned patients
   93  and a necessary duty of individual and collective patient
   94  advocacy in order to satisfy professional obligations.
   95         (3) The basic principles of staffing in hospital settings
   96  should be based on the care needs of the individual patient, the
   97  severity of the patient’s condition, the services needed, and
   98  the complexity surrounding those services. Current unsafe
   99  practices by hospital direct care registered nursing staff have
  100  resulted in adverse patient outcomes. Mandating the adoption of
  101  uniform, minimum, numerical, and specific registered nurse-to
  102  patient staffing ratios by licensed hospital facilities is
  103  necessary for competent, safe, therapeutic, and effective
  104  professional nursing care and for the retention and recruitment
  105  of qualified direct care registered nurses.
  106         (4) Direct care registered nurses must be able to advocate
  107  for their patients without fear of retaliation from their
  108  employer. Whistle-blower protections that encourage registered
  109  nurses and patients to notify governmental and private
  110  accreditation entities of suspected unsafe patient conditions,
  111  including protection against retaliation for refusing unsafe
  112  patient care assignments, will greatly enhance the health,
  113  welfare, and safety of patients.
  114         (5) Direct care registered nurses have an irrevocable duty
  115  and right to advocate on behalf of their patients’ interests,
  116  and this duty and right may not be encumbered by cost-saving
  117  schemes.
  118         Section 3. Definitions.—As used in sections 1 through 8 of
  119  this act, the term:
  120         (1) “Acuity-based patient classification system,” “acuity
  121  system,” or “patient classification system” means an established
  122  measurement tool that:
  123         (a) Predicts registered nursing care requirements for
  124  individual patients based on the severity of patient illness,
  125  the need for specialized equipment and technology, the intensity
  126  of required nursing interventions, and the complexity of
  127  clinical nursing judgment required to design, implement, and
  128  evaluate the patient’s nursing care plan consistent with
  129  professional standards, the ability for self-care, including
  130  motor, sensory, and cognitive deficits, and the need for
  131  advocacy intervention;
  132         (b) Details the amount of nursing care needed and the
  133  additional number of direct care registered nurses and other
  134  licensed and unlicensed nursing staff that the hospital must
  135  assign, based on the independent professional judgment of the
  136  direct care registered nurse, in order to meet the individual
  137  patient needs at all times; and
  138         (c) Is stated in terms that can be readily used and
  139  understood by direct care nursing staff.
  140         (2) “Agency” means the Agency for Health Care
  141  Administration.
  142         (3) “Ancillary support staff” means the personnel assigned
  143  to assist in providing nursing services in the delivery of safe,
  144  therapeutic, and effective patient care, including unit or ward
  145  clerks and secretaries, clinical technicians, respiratory
  146  therapists, and radiology, laboratory, housekeeping, and dietary
  147  personnel.
  148         (4) “Clinical judgment” means the application of the direct
  149  care registered nurse’s knowledge, skill, expertise, and
  150  experience in making independent decisions about patient care.
  151         (5) “Clinical supervision” means the assignment and
  152  direction of patient care tasks required in the implementation
  153  of nursing care for patients to other licensed nursing staff or
  154  to unlicensed staff by a direct care registered nurse in the
  155  exclusive interests of the patients.
  156         (6) “Competence” means the ability of the direct care
  157  registered nurse to act and integrate the knowledge, skills,
  158  abilities, and independent professional judgment that underpin
  159  safe, therapeutic, and effective patient care. Current
  160  documented, demonstrated, and validated competency is required
  161  for all direct care registered nurses and must be determined
  162  based on the satisfactory performance of:
  163         (a) The statutorily recognized duties and responsibilities
  164  of the registered nurses, as set forth in chapter 464, Florida
  165  Statutes, and rules adopted thereunder; and
  166         (b) The standards required under sections 4 and 5 of this
  167  act, which are specific to each hospital unit.
  168         (7) “Declared state of emergency” means an officially
  169  designated state of emergency which has been declared by a
  170  federal, state, or local government official who has the
  171  authority to declare the state of emergency. The term does not
  172  include a state of emergency which results from a labor dispute
  173  in the health care industry.
  174         (8) “Direct care registered nurse” means a licensed nurse
  175  who has documented clinical competence and who has accepted a
  176  direct, hands-on patient care assignment to implement medical
  177  and nursing regimens and provide related clinical supervision of
  178  patient care while exercising independent professional judgment
  179  at all times in the exclusive interest of the patient.
  180         (9) “Health care facility” means an acute care hospital; an
  181  emergency care, ambulatory, or outpatient surgery facility
  182  licensed under chapter 395, Florida Statutes; or a psychiatric
  183  facility licensed under chapter 394, Florida Statutes, including
  184  a critical access and long-term acute care hospital.
  185         (10) “Hospital unit” or “clinical patient care area” means
  186  an intensive care or critical care unit, burn unit, labor and
  187  delivery room, antepartum and postpartum unit, newborn nursery,
  188  postanesthesia service area, emergency department, operating
  189  room, pediatric unit, step-down or intermediate care unit,
  190  specialty care unit, telemetry unit, general medical or surgical
  191  care unit, psychiatric unit, rehabilitation unit, or skilled
  192  nursing facility unit, and as further defined in this
  193  subsection.
  194         (a) “Critical care unit” or “intensive care unit” means a
  195  nursing unit of an acute care hospital which is established to
  196  safeguard and protect patients whose severity of medical
  197  conditions require continuous monitoring and complex
  198  interventions by direct care registered nurses and whose
  199  restorative measures and level of nursing intensity requires
  200  intensive care through direct observation by the direct care
  201  registered nurse, complex monitoring, intensive intricate
  202  assessment, evaluation, specialized rapid intervention, and
  203  education or teaching of the patient, the patient’s family, or
  204  other representatives by a competent and experienced direct care
  205  registered nurse. The term includes an intensive care unit, a
  206  burn center, a coronary care unit, or an acute respiratory unit.
  207         (b) “Step-down unit” or “intermediate intensive care unit”
  208  means a unit established to safeguard and protect patients whose
  209  severity of illness, including all co-occurring morbidities,
  210  restorative measures, and level of nursing intensity, requires
  211  intermediate intensive care through direct observation by the
  212  direct care registered nurse, monitoring, multiple assessments,
  213  specialized interventions, evaluations, and education or
  214  teaching of the patient’s family or other representatives by a
  215  competent and experienced direct care registered nurse. The term
  216  includes units established to provide care to patients who have
  217  moderate or potentially severe physiologic instability requiring
  218  technical support but not necessarily artificial life support.
  219  The term “artificial life support” means a system that uses
  220  medical technology to aid, support, or replace a vital function
  221  of the body that has been seriously damaged. The term “technical
  222  support” means the use of specialized equipment by direct care
  223  registered nurses in providing for invasive monitoring,
  224  telemetry, and mechanical ventilation for the immediate
  225  amelioration or remediation of severe pathology for those
  226  patients requiring less care than intensive care, but more than
  227  that which is required from medical or surgical care.
  228         (c) “Medical or surgical unit” means a unit established to
  229  safeguard and protect patients whose severity of illness,
  230  including all co-occurring morbidities, restorative measures,
  231  and level of nursing intensity requires continuous care through
  232  direct observation by the direct care registered nurse,
  233  monitoring, multiple assessments, specialized interventions,
  234  evaluations, and education or teaching of the patient’s family
  235  or other representatives by a competent and experienced direct
  236  care registered nurse. These units may include patients
  237  requiring less than intensive care or step-down care; patients
  238  receiving 24-hour inpatient general medical care, post-surgical
  239  care, or both general medical and post-surgical care; and mixed
  240  patient populations of diverse diagnoses and diverse age groups,
  241  but excluding pediatric patients.
  242         (d) “Telemetry unit” means a unit that is established to
  243  safeguard and protect patients whose severity of illness,
  244  including all co-occurring morbidities, restorative measures,
  245  and level of nursing intensity, requires intermediate intensive
  246  care through direct observation by the direct care registered
  247  nurse, monitoring, multiple assessments, specialized
  248  interventions, evaluations, and education or teaching of the
  249  patient’s family or other representatives by a competent and
  250  experienced direct care registered nurse. A telemetry unit
  251  includes the equipment used to provide for the electronic
  252  monitoring, recording, retrieval, and display of cardiac
  253  electrical signals.
  254         (e) “Specialty care unit” means a unit that is established
  255  to safeguard and protect patients whose severity of illness,
  256  including all co-occurring morbidities, restorative measures,
  257  and level of nursing intensity, requires continuous care through
  258  direct observation by the direct care registered nurse,
  259  monitoring, multiple assessments, specialized interventions,
  260  evaluations, and education or teaching of the patient’s family
  261  or other representatives by a competent and experienced direct
  262  care registered nurse. The term includes a unit established to
  263  provide the intensity of care required for a specific medical
  264  condition or a specific patient population or to provide more
  265  comprehensive care for a specific condition or disease process
  266  than that which is required on medical or surgical units, and
  267  includes those units not otherwise covered by the definitions in
  268  this section.
  269         (f) “Rehabilitation unit” means a functional clinical unit
  270  for the provision of those rehabilitation services that restore
  271  an ill or injured patient to the highest level of self
  272  sufficiency or gainful employment of which he or she is capable
  273  in the shortest possible time, compatible with the patient’s
  274  physical, intellectual, and emotional or psychological
  275  capabilities, and in accord with planned goals and objectives.
  276         (g) “Skilled nursing facility” means a functional clinical
  277  unit for the provision of skilled nursing care and supportive
  278  care to patients whose primary need is for skilled nursing care
  279  on a long-term basis and who are admitted after at least a 48
  280  hour period of continuous inpatient care. The term includes, but
  281  need not be limited to, medical, nursing, dietary, and
  282  pharmaceutical services and activity programs.
  283         (11) “Licensed nurse” means a registered nurse or a
  284  licensed practical nurse, as defined in s. 464.003, Florida
  285  Statutes, who is licensed by the Board of Nursing to engage in
  286  the practice of professional nursing or the practice of
  287  practical nursing, as defined in s. 464.003, Florida Statutes.
  288         (12) “Long-term acute care hospital” means any hospital or
  289  health care facility that specializes in providing long-term
  290  acute care to medically complex patients. The term includes
  291  freestanding and hospital-within-hospital models of long-term
  292  acute care facilities.
  293         (13) “Overtime” means the hours worked in excess of:
  294         (a) An agreed-upon, predetermined, regularly scheduled
  295  shift;
  296         (b) Twelve hours in a 24-hour period; or
  297         (c) Eighty hours in a consecutive 14-day period.
  298         (14) “Patient assessment” means the use of critical
  299  thinking by a direct care licensed nurse and is the
  300  intellectually disciplined process of actively and skillfully
  301  interpreting, applying, analyzing, synthesizing, or evaluating
  302  data obtained through the direct observation and communication
  303  with others.
  304         (15) “Professional judgment” means the intellectual,
  305  educated, informed, and experienced process that the direct care
  306  registered nurse exercises in forming an opinion and reaching a
  307  clinical decision that is in the patient’s best interest and is
  308  based upon analysis of data, information, and scientific
  309  evidence.
  310         (16) “Skill mix” means the differences in licensing,
  311  specialty, and experience among direct care registered nurses.
  312         (17) “Staffing level” means the actual numerical registered
  313  nurse-to-patient ratio within a nursing department, unit, or
  314  clinical patient care area.
  315         Section 4. Minimum direct care registered nurse-to-patient
  316  staffing requirements.—
  317         (1) Each health care facility shall implement a staffing
  318  plan that provides for minimum staffing by direct care
  319  registered nurses in accordance with the general requirements
  320  set forth in this section and the clinical unit direct care
  321  registered nurse-to-patient ratios specified in subsection (2).
  322  Staffing for patient care tasks not requiring a direct care
  323  registered nurse is not included within these ratios and shall
  324  be determined pursuant to an acuity-based patient classification
  325  system defined by agency rule.
  326         (a) A health care facility may not assign a direct care
  327  registered nurse to a nursing unit or clinical area unless that
  328  health care facility and the direct care registered nurse
  329  determine that she or he has demonstrated and validated current
  330  competence in providing care in that area and has also received
  331  orientation to that clinical area which is sufficient to provide
  332  competent, safe, therapeutic, and effective care to patients in
  333  that area. The policies and procedures of the health care
  334  facility must contain the criteria for making this
  335  determination.
  336         (b) Direct care registered nurse-to-patient ratios
  337  represent the maximum number of patients that shall be assigned
  338  to one direct care registered nurse at all times.
  339         (c) “Assigned” means the direct care registered nurse has
  340  responsibility for the provision of care to a particular patient
  341  within her or his validated competency.
  342         (d)1. A health care facility may not average the number of
  343  patients and the total number of direct care registered nurses
  344  assigned to patients in a clinical unit during any one shift or
  345  over any period of time for purposes of meeting the requirements
  346  under this section.
  347         2. A health care facility may not impose mandatory overtime
  348  requirements in order to meet the hospital unit direct care
  349  registered nurse-to-patient ratios required under this section.
  350         3. A health care facility shall ensure that only a direct
  351  care registered nurse may relieve another direct care registered
  352  nurse during breaks, meals, and routine absences from a clinical
  353  unit.
  354         4. A health care facility may not impose layoffs of
  355  licensed practical nurses, licensed psychiatric technicians,
  356  certified nursing assistants, or other ancillary support staff
  357  in order to meet the clinical unit direct care registered nurse
  358  to-patient ratios required in this section.
  359         (e) Only direct care registered nurses shall be assigned to
  360  intensive care newborn nursery service units, which specifically
  361  require one direct care registered nurse to two or fewer infants
  362  at all times.
  363         (f) Only direct care registered nurses shall be assigned to
  364  triage patients and only direct care registered nurses shall be
  365  assigned to critical trauma patients.
  366         1. The direct care registered nurse-to-patient ratio for
  367  critical care patients in the emergency department shall be 1 to
  368  2 or fewer at all times.
  369         2. No fewer than two direct care registered nurses must be
  370  physically present in the emergency department when a patient is
  371  present.
  372         3. Triage, radio, specialty, or flight-registered nurses do
  373  not count in the calculation of direct care registered nurse-to
  374  patient ratios.
  375         4. Triage-registered nurses may not be assigned the
  376  responsibility of the base radio.
  377         (g) In the labor and delivery unit, the direct care
  378  registered nurse-to-patient ratio shall be 1 to 1 for active
  379  labor patients and patients having medical or obstetrical
  380  complications, during the initiation of epidural anesthesia, and
  381  during circulation for cesarean delivery.
  382         1. The direct care registered nurse-to-patient ratio for
  383  antepartum patients who are not in active labor shall be 1 to 3
  384  or fewer at all times.
  385         2. In the event of cesarean delivery, the total number of
  386  mothers plus infants assigned to a single direct care registered
  387  nurse may not exceed four.
  388         3. In the event of multiple births, the total number of
  389  mothers plus infants assigned to a single direct care registered
  390  nurse may not exceed six.
  391         4. For postpartum areas in which the direct care registered
  392  nurse’s assignment consists of mothers only, the direct care
  393  registered nurse-to-patient ratio shall be 1 to 4 or fewer at
  394  all times.
  395         5. The direct care registered nurse-to-patient ratio for
  396  postpartum women or postsurgical gynecological patients only
  397  shall be 1 to 4 or fewer at all times.
  398         6. The direct care registered nurse-to-patient ratio for
  399  the well-baby nursery shall be 1 to 5 at all times.
  400         7. The direct care registered nurse-to-patient ratio for
  401  unstable newborns and those in the resuscitation period as
  402  assessed by the direct care registered nurse shall be 1 to 1 at
  403  all times.
  404         8. The direct care registered nurse-to-patient ratio for
  405  recently born infants shall be 1 to 4 or fewer at all times.
  406         (h) The direct care registered nurse-to-patient ratio for
  407  patients receiving conscious sedation shall be 1 to 1 or fewer
  408  at all times.
  409         (2) A health care facility’s staffing plan shall provide
  410  that, at all times during each shift within a unit of the
  411  facility, a direct care registered nurse is assigned to not more
  412  than the following number of patients in that unit:
  413         (a) One patient in trauma emergency units.
  414         (b) One patient in operating room units. The operating room
  415  shall have at least one direct care registered nurse assigned to
  416  the duties of the circulating registered nurse and a minimum of
  417  one additional person as a scrub assistant for each patient
  418  occupied operating room.
  419         (c) Two patients in critical care units, including neonatal
  420  intensive care units, emergency critical care and intensive care
  421  units, labor and delivery units, coronary care units, acute
  422  respiratory care units, postanesthesia units regardless of the
  423  type of anesthesia received, burn units, and immediate
  424  postpartum patients, so that the direct-care registered nurse
  425  to-patient ratio is 1 to 2 at all times.
  426         (d) Three patients in the emergency room units, step-down
  427  or intermediate intensive care units, pediatrics units,
  428  telemetry units, and combined labor, delivery, and postpartum
  429  units, so that the direct care registered nurse-to-patient
  430  ratios is 1 to 3 or fewer at all times.
  431         (e) Four patients in medical-surgical units, antepartum
  432  units, intermediate care nursery units, psychiatric units, and
  433  presurgical and other specialty care units, so that the direct
  434  care registered nurse-to-patient ratio is 1 to 4 or fewer at all
  435  times.
  436         (f) Five patients in rehabilitation units and skilled
  437  nursing units, so that the direct care registered nurse-to
  438  patient ratio is 1 to 5 or fewer at all times.
  439         (g) Six patients in well-baby nursery units, so that the
  440  direct care registered nurse-to-patient ratio is 1 to 6 or fewer
  441  at all times.
  442         (h) Three couplets in postpartum units, so that the direct
  443  care registered nurse-to-patient ratio is 1 to 3 couplets or
  444  fewer at all times.
  445         (3)(a) Identifying a unit or clinical patient care area by
  446  a name or term other than those defined in section 3 of this act
  447  does not affect the requirement to provide for staff at the
  448  direct care registered nurse-to-patient ratios identified for
  449  the level of intensity or type of care described in subsections
  450  (1) and (2).
  451         (b) Patients shall be cared for only on units or clinical
  452  patient care areas where the level of intensity, type of care,
  453  and direct care registered nurse-to-patients ratios meet the
  454  individual requirements and needs of each patient. The use of
  455  patient acuity-adjustable units is strictly prohibited.
  456         (c) Video cameras or monitors or any form of electronic
  457  visualization of a patient may not be substituted for the direct
  458  observation required for patient assessment by the direct care
  459  registered nurse and for patient protection required by an
  460  attendant.
  461         (4) The requirements established under this section do not
  462  apply during a declared state of emergency if a health care
  463  facility is requested or expected to provide an exceptional
  464  level of emergency or other medical services.
  465         (5)(a) A written staffing plan shall be developed by the
  466  chief nursing officer or a designee, based on individual patient
  467  care needs determined by the patient classification system. The
  468  staffing plan shall be developed and implemented for each
  469  patient care unit and must specify individual patient care
  470  requirements and the staffing levels for direct care registered
  471  nurses and other licensed and unlicensed personnel. In no case
  472  shall the staffing level for direct care registered nurses on
  473  any shifts fall below the requirements of subsections (1) and
  474  (2).
  475         (b) In addition to the direct care registered nurse-ratio
  476  requirements of subsections (1) and (2), each health care
  477  facility shall assign additional nursing staff, such as licensed
  478  practical nurses, licensed psychiatric technicians, and
  479  certified nursing assistants, through the implementation of a
  480  valid patient classification system for determining nursing care
  481  needs of individual patients which reflects the assessment made
  482  by the assigned direct care registered nurse of patient nursing
  483  care requirements and which provides for shift-by-shift staffing
  484  based on those requirements. The ratios specified in subsections
  485  (1) and (2) constitute the minimum number of registered nurses
  486  who shall be assigned to provide direct patient care.
  487         (c) In developing the staffing plan, a health care facility
  488  shall provide for direct care registered nurse-to-patient ratios
  489  above the minimum ratios required under subsections (1) and (2)
  490  based upon consideration of the following factors:
  491         1. The number of patients and acuity level of patients as
  492  determined by the application of an acuity system on a shift-by
  493  shift basis.
  494         2. The anticipated admissions, discharges, and transfers of
  495  patients during each shift which affect direct patient care.
  496         3. Specialized experience required of direct care
  497  registered nurses on a particular unit.
  498         4. Staffing levels and services provided by other health
  499  care personnel in meeting direct patient care needs that do not
  500  require care by a direct care registered nurse.
  501         5. The efficacy of technology that is available and that
  502  affects the delivery of direct patient care.
  503         6. The level of familiarity with hospital practices,
  504  policies, and procedures by temporary agency direct care
  505  registered nurses who are assigned during a shift.
  506         7. Obstacles to efficiency in the delivery of patient care
  507  which is caused by the physical layout of the health care
  508  facility.
  509         (d) A health care facility shall specify the system used to
  510  document actual staffing in each unit for each shift.
  511         (e) A health care facility shall annually evaluate:
  512         1. The reliability of the patient classification system for
  513  validating staffing requirements in order to determine whether
  514  the system accurately measures individual patient care needs and
  515  accurately predicts the staffing requirements for direct care
  516  registered nurses, licensed practical nurses, licensed
  517  psychiatric technicians, and certified nursing assistants, based
  518  exclusively on individual patient needs.
  519         2. The validity of the acuity-based patient classification
  520  system.
  521         (f) A health care facility shall update its staffing plan
  522  and acuity system to the extent appropriate based on the annual
  523  evaluation. If the review reveals that adjustments are necessary
  524  in order to ensure accuracy in measuring patient care needs,
  525  such adjustments must be implemented within 30 days after that
  526  determination.
  527         (g)1. Any acuity-based patient classification system
  528  adopted by a health care facility under this section shall be
  529  transparent in all respects, including disclosure of detailed
  530  documentation of the methodology used to predict nursing
  531  staffing; an identification of each factor, assumption, and
  532  value used in applying such methodology; an explanation of the
  533  scientific and empirical basis for each such assumption and
  534  value; and certification by a knowledgeable and authorized
  535  representative of the health care facility that the disclosures
  536  regarding methods used for testing and validating the accuracy
  537  and reliability of the system are true and complete.
  538         2. The documentation required by this section shall be
  539  submitted in its entirety to the Agency for Health Care
  540  Administration as a mandatory condition of licensure, with a
  541  certification by the chief nurse officer for the health care
  542  facility that it completely and accurately reflects
  543  implementation of a valid acuity-based patient classification
  544  system used to determine nursing service staffing by the
  545  facility for every shift on every clinical unit in which
  546  patients reside and receive care. The certification shall be
  547  executed by the chief nurse officer under penalty of perjury and
  548  must contain an expressed acknowledgement that any false
  549  statement in the certification constitutes fraud and is subject
  550  to criminal and civil prosecution and penalties.
  551         3. Such documentation shall be available for public
  552  inspection in its entirety in accordance with procedures
  553  established by appropriate administrative rules adopted by the
  554  Agency for Health Care Administration, consistent with the
  555  purposes of this act.
  556         (h)1. A staffing plan of a health care facility shall be
  557  developed and evaluated by a committee. At least one-half of the
  558  members of the committee shall be unit-specific competent direct
  559  care registered nurses who provide direct patient care.
  560         2. The members of the committee shall be appointed by the
  561  chief nurse officer, except at a facility where direct care
  562  registered nurses are represented for collective bargaining
  563  purposes. All direct care registered nurses on the committee
  564  shall be appointed by the authorized collective bargaining
  565  agent. In case of a dispute, the direct care registered nurse
  566  assessment shall prevail. This act does not authorize conduct
  567  that is prohibited under the National Labor Relations Act or
  568  under the Federal Labor Relations Act.
  569         (i)1. By July 1, 2013, the Agency for Health Care
  570  Administration shall develop uniform statewide standards for a
  571  standardized acuity tool for use in health care facilities which
  572  provides a method for establishing nurse staffing requirements
  573  that exceed the hospital unit or clinical patient care area
  574  direct care registered nurse-to-patient ratios required under
  575  subsections (1) and (2).
  576         2. Proposed standards shall be developed by a committee
  577  composed of not more than 20 individuals, at least 11 of whom
  578  must be currently licensed registered nurses who are employed as
  579  direct care registered nurses, and the remaining 9 must include
  580  a sufficient number of technical or scientific experts in the
  581  specialized fields involved in the design and development of a
  582  patient classification system that meets the requirements of
  583  this act.
  584         3. A person who has any employment, commercial,
  585  proprietary, financial, or other personal interest in the
  586  development, marketing, or use of any private patient
  587  classification system product or related methodology,
  588  technology, or component system is not eligible to serve on the
  589  development committee. A candidate for appointment to the
  590  development committee may not be confirmed as a member until the
  591  individual files a disclosure-of-interest statement with the
  592  agency, along with a signed certification of full disclosure and
  593  complete accuracy under oath, which provides all necessary
  594  information as determined by the agency to demonstrate the
  595  absence of actual or potential conflict of interest. All such
  596  filings are subject to public inspection.
  597         4. Within 1 year after the official commencement of
  598  committee operations, the development committee shall provide a
  599  written report to the agency which proposes uniform standards
  600  for a valid patient classification system, along with sufficient
  601  explanation and justification to allow for competent review and
  602  determination of sufficiency by the agency. The report shall be
  603  disclosed to the public upon notice of public hearings and a
  604  public comment period for proposed adoption of uniform standards
  605  for a patient classification system by the agency.
  606         (j) Each hospital shall adopt and implement the patient
  607  classification system and provide staffing based on such tool.
  608  Any additional direct care registered nursing staffing levels
  609  that exceed the direct care registered nurse-to-patient ratios
  610  described in subsections (1) and (2) shall be assigned in a
  611  manner determined by such statewide tool.
  612         (k) A health care facility shall submit to the agency its
  613  staffing plan and annual update required under this section.
  614         (6)(a) In each unit, a health care facility shall post a
  615  uniform notice in a form specified by the agency by rule which:
  616         1. Explains the requirements imposed under this section;
  617         2. Includes actual direct care registered nurse-to-patient
  618  ratios during each shift;
  619         3. Is visible, conspicuous, and accessible to staff,
  620  patients, and the public;
  621         4. Identifies staffing requirements as determined by the
  622  patient classification system for each unit, documented and
  623  posted on the unit for public view on a day-to-day, shift-by
  624  shift basis;
  625         5. Reports the actual number of staff and the staff mix,
  626  documented and posted on the unit for public view on a day-to
  627  day, shift-by-shift basis; and
  628         6. Reports the variance between the required and actual
  629  staffing patterns, documented and posted on the unit for public
  630  view on a day-to-day, shift-by-shift basis.
  631         (b)1. Each acute care facility shall maintain accurate
  632  records of actual direct care registered nurse-to-patient ratios
  633  in each unit for each shift for at least 2 years. Such records
  634  shall include:
  635         a. The number of patients in each unit;
  636         b. The identity and duty hours of each direct care
  637  registered nurse, licensed practical nurse, licensed psychiatric
  638  technician, and certified nursing assistant assigned to each
  639  patient in each unit in each shift. The hospital shall retain
  640  the record for 2 years; and
  641         c. A copy of each posted notice.
  642         2. Each hospital shall make its records maintained under
  643  the requirements of this section available to:
  644         a. The agency;
  645         b. Registered nurses and their collective bargaining
  646  representatives, if any; and
  647         c. The public under rules adopted by the agency.
  648         (c) The agency shall conduct periodic audits to ensure:
  649         1. Implementation of the staffing plan in accordance with
  650  this section; and
  651         2. Accuracy in records maintained under this section.
  652         (7) Acute care facilities shall plan for routine
  653  fluctuations such as admissions, discharges, and transfers in
  654  the patient census. If a declared health care emergency causes a
  655  change in the number of patients on a unit, the hospital must
  656  demonstrate that immediate and diligent efforts were made to
  657  maintain required staffing levels.
  658         (8) The following activities are prohibited:
  659         (a) A health care facility may not directly assign any
  660  unlicensed personnel to perform registered-nurse functions in
  661  lieu of care being delivered by a licensed or registered nurse,
  662  and may not assign unlicensed personnel to perform registered
  663  nurse functions under the clinical supervision of a direct care
  664  registered nurse.
  665         (b) Unlicensed personnel may not perform tasks that require
  666  the clinical assessment, judgment, and skill of a licensed
  667  registered nurse, including, without limitation, nursing
  668  activities that require nursing assessment and judgment during
  669  implementation; physical, psychological, or social assessments
  670  that require nursing judgment, intervention, referral, or
  671  followup; formulation of a plan of nursing care and an
  672  evaluation of a patient’s response to the care provided,
  673  including administration of medication, venipuncture or
  674  intravenous therapy, parenteral or tube feedings, invasive
  675  procedures, including inserting nasogastric tubes, inserting
  676  catheters, or tracheal suctioning, educating patients and their
  677  families concerning the patient’s health care problems,
  678  including postdischarge care, with the exception that only
  679  phlebotomists, emergency room technicians, and medical
  680  technicians, under the general supervision of the clinical
  681  laboratory director or designee or a physician, may perform
  682  venipunctures in accordance with written hospital policies and
  683  procedures.
  684         Section 5. Professional practice standards for direct care
  685  registered nurses working in a health care facility.—
  686         (1) A direct care registered nurse, currently licensed to
  687  practice as a registered nurse, employing scientific knowledge
  688  and experience in the physical, social, and biological sciences,
  689  and exercising independent judgment in applying the nursing
  690  process, shall directly provide:
  691         (a) Continuous and ongoing assessments of the patient’s
  692  condition based upon the independent professional judgment of
  693  the direct care registered nurse.
  694         (b) The planning, clinical supervision, implementation, and
  695  evaluation of the nursing care provided to each patient.
  696         (c) The assessment, planning, implementation, and
  697  evaluation of patient education, including ongoing discharge
  698  teaching of each patient.
  699         (d) The planning and delivery of patient care, which shall
  700  reflect all elements of the nursing process and shall include
  701  assessment, nursing diagnosis, planning, intervention,
  702  evaluation, and, as circumstances require, patient advocacy, and
  703  shall be initiated by a direct care registered nurse at the time
  704  of admission.
  705         (e) The nursing plan for the patient’s care, which shall be
  706  discussed with and developed as a result of coordination with
  707  the patient, the patient’s family, or other representatives,
  708  when appropriate, and staff of other disciplines involved in the
  709  care of the patient.
  710         (f) An evaluation of the effectiveness of the care plan
  711  through assessments based on direct observation of the patient’s
  712  physical condition and behavior, signs and symptoms of illness,
  713  and reactions to treatment and through communication with the
  714  patient and the health care team members, and shall modify the
  715  plan as needed.
  716         (g) Information related to the patient’s initial assessment
  717  and reassessments, nursing diagnosis, plan, intervention,
  718  evaluation, and patient advocacy, which shall be permanently
  719  recorded in the patient’s medical record as narrative direct
  720  care progress notes. The practice of charting by exception is
  721  expressly prohibited.
  722         (2)(a) Patient assessment requires direct observation of
  723  the patient’s signs and symptoms of illness, reaction to
  724  treatment, behavior and physical condition, and interpretation
  725  of information obtained from the patient and others, including
  726  other caregivers on the health team. Assessment requires data
  727  collection by the direct care registered nurse and the analysis,
  728  synthesis, and evaluation of such data.
  729         (b) Only direct care registered nurses are authorized to
  730  perform patient assessments. A licensed practical nurse or
  731  licensed psychiatric technician may assist direct care
  732  registered nurses in data collection.
  733         (3)(a) The nursing care needs of individual patients shall
  734  be determined by a direct care registered nurse through the
  735  process of ongoing patient assessments, nursing diagnosis,
  736  formulation, and adjustment of nursing care plans.
  737         (b) The prediction of individual patient nursing care needs
  738  for prospective assignment of direct care registered nurses
  739  shall be based on individual patient assessments of the direct
  740  care registered nurse assigned to each patient and in accordance
  741  with a documented patient classification system as provided in
  742  subsections (1) and (2) of section 4 of this act.
  743         (4)(a) Competent performance of the essential functions of
  744  a direct care registered nurse as provided in this section
  745  requires the exercise of independent judgment in the interests
  746  of the patient. The exercise of such independent judgment,
  747  unencumbered by the commercial or revenue-generation priorities
  748  of a hospital or employing entity of a direct care registered
  749  nurse, is essential to safe nursing care.
  750         (b) The exercise of independent judgment by a direct care
  751  registered nurse in the performance of the functions described
  752  in this section shall be provided in the exclusive interests of
  753  the patient and may not, for any purpose, be considered, relied
  754  upon, or represented as a job function, authority,
  755  responsibility, or activity undertaken in any respect for the
  756  purpose of serving the business, commercial, operational, or
  757  other institutional interests of the hospital employer.
  758         (5)(a) In addition to the limitations on assignments of
  759  patient care tasks provided in subsection (8) of section 4 of
  760  this act, a direct care registered nurse who is responsible for
  761  a patient may assign tasks required in the implementation of
  762  nursing care for that patient to other licensed nursing staff or
  763  to unlicensed staff only if the assigning direct care registered
  764  nurse:
  765         1. Determines that the personnel assigned the tasks possess
  766  the necessary training, experience, and capability to
  767  competently and safely perform the tasks to be assigned; and
  768         2. Effectively supervises the clinical functions and
  769  nursing care tasks performed by the assigned personnel.
  770         (b) The exercise of clinical supervision of nursing care
  771  personnel by a direct care registered nurse in the performance
  772  of the functions as provided in this section shall be in the
  773  exclusive interests of the patient and may not, for any purpose
  774  whatsoever, be considered, relied upon, or represented as a job
  775  function, authority, responsibility, or activity undertaken in
  776  any respect for the purpose of serving the business, commercial,
  777  operational, or other institutional interests of the hospital
  778  employer, but constitutes the exercise of professional nursing
  779  authority and duty exclusively in the interests of the patient.
  780         (6) A health care facility may not engage in the deployment
  781  of technology that limits the direct care provided by a direct
  782  care registered nurse in the performance of functions that are
  783  part of the nursing process, including the full exercise of
  784  independent clinical judgment in the assessment, planning,
  785  implementation, and evaluation of care, or that limits a direct
  786  registered nurse from acting as a patient advocate in the
  787  exclusive interest of the patient. Technology may not be skill
  788  degrading, interfere with the direct care registered nurse’s
  789  provision of individualized patient care, override the direct
  790  care registered nurse’s independent professional judgment, or
  791  interfere with the registered nurse’s right to advocate in the
  792  exclusive interest of the patient.
  793         (7) This section applies only to nurses employed by or
  794  providing care in a health care facility.
  795         Section 6. Direct care registered nurse’s duty and right of
  796  patient advocacy.—
  797         (1) By virtue of their professional license and ethical
  798  obligations, all direct care registered nurses have a duty and
  799  right to act and provide care in the exclusive interests of the
  800  patient and to act as the patient’s advocate, as circumstances
  801  require, in accordance with this section.
  802         (2) The direct care registered nurse is always responsible
  803  for providing competent, safe, therapeutic, and effective
  804  nursing care to assigned patients.
  805         (a) Before accepting a patient assignment, a direct care
  806  registered nurse must have the necessary knowledge, judgment,
  807  skills, and ability to provide the required care. It is the
  808  responsibility of the direct care registered nurse to determine
  809  whether she or he is clinically competent to perform the nursing
  810  care required by patients in a particular clinical unit or who
  811  have a particular diagnosis, condition, prognosis, or other
  812  determinative characteristic of nursing care, and whether
  813  acceptance of a patient assignment would expose the patient to
  814  the risk of harm.
  815         (b) If the direct care registered nurse is not clinically
  816  competent to perform the care required for a patient assigned
  817  for nursing care, or if the assignment would expose the patient
  818  to risk of harm, the direct care registered nurse may not accept
  819  the patient care assignment. Such refusal to accept a patient
  820  care assignment is an exercise of the direct care registered
  821  nurse’s duty and right of patient advocacy.
  822         (3) In the course of performing the responsibilities and
  823  essential functions described in section 5 of this act and this
  824  section, the direct care registered nurse assigned to a patient
  825  receives orders initiated by physicians and other legally
  826  authorized health care professionals within their scope of
  827  licensure regarding patient care services to be provided to the
  828  patient, including, without limitation, the administration of
  829  medications and therapeutic agents that are necessary to
  830  implement a treatment, disease prevention, or rehabilitative
  831  regimen.
  832         (a) The direct care registered nurse shall assess each such
  833  order before implementation in order to determine if the order
  834  is:
  835         1. In the best interests of the patient;
  836         2. Initiated by a person legally authorized to issue the
  837  order; and
  838         3. Issued in accordance with applicable law and rules
  839  governing nursing care.
  840         (b) If the direct care registered nurse determines these
  841  criteria have not been satisfied with respect to a particular
  842  order, or has some doubt regarding the meaning or conformance of
  843  the order with these criteria, she or he shall seek
  844  clarification from the initiator of the order, the patient’s
  845  physician, or other appropriate medical officer. Clarification
  846  must be obtained prior to implementation.
  847         (c) If, upon clarification, the direct care registered
  848  nurse determines that the criteria for implementation of an
  849  order have not been satisfied, she or he may refuse
  850  implementation on the basis that the order is not in the best
  851  interests of the patient. Seeking clarification of an order or
  852  refusing an order as described in this section constitutes an
  853  exercise of the direct care registered nurse’s duty and right of
  854  patient advocacy.
  855         (4) A direct care registered nurse has the professional
  856  obligation and therefore the right to act as the patient’s
  857  advocate, as circumstances require, by initiating action to
  858  improve health care or to change decisions or activities that,
  859  in the professional judgment of the direct care registered
  860  nurse, are against the interests or wishes of the patient, or by
  861  giving the patient the opportunity to make informed decisions
  862  about health care before it is provided.
  863         Section 7. Free speech; patient protection.—
  864         (1) A direct care registered nurse has the right to act as
  865  the patient’s advocate, as circumstances require, by:
  866         (a) Initiating action to improve health care or to change
  867  decisions or activities that, in the professional judgment of
  868  the nurse, are against the interests and wishes of the patient;
  869  and
  870         (b) Giving the patient an opportunity to make informed
  871  decisions about health care before it is provided.
  872         (2) A direct care registered nurse may refuse to accept an
  873  assignment as a nurse in a health care facility if:
  874         (a) The assignment would violate any provision of chapter
  875  464, Florida Statutes, or the rules adopted thereunder;
  876         (b) The assignment would violate sections 3 through 6 of
  877  this act; or
  878         (c) The direct care registered nurse is not prepared by
  879  education, training, or experience to fulfill the assignment
  880  without compromising the safety of any patient or jeopardizing
  881  the license of the registered nurse.
  882         (3) A direct care registered nurse may refuse to perform
  883  any assigned tasks as a nurse in a health care facility if:
  884         (a) The assigned task would violate any provision of
  885  chapter 464, Florida Statutes, or the rules adopted thereunder;
  886         (b) The assigned task is outside the scope of practice of
  887  the direct care registered nurse; or
  888         (c) The direct care registered nurse is not prepared by
  889  education, training, or experience to fulfill the assigned task
  890  without compromising the safety of any patient or jeopardizing
  891  the license of the direct care registered nurse.
  892         (4)(a) A health care facility may not discharge,
  893  discriminate, or retaliate in any manner with respect to any
  894  aspect of employment, including discharge, promotion,
  895  compensation, or terms, conditions, or privileges of employment,
  896  against a direct care registered nurse based on the nurse’s
  897  refusal of a work assignment or assigned task as provided in
  898  this section.
  899         (b) A health care facility may not file a complaint or a
  900  report against a direct care registered nurse with the Board of
  901  Nursing or the Agency for Health Care Administration because of
  902  the nurse’s refusal of a work assignment or assigned task
  903  described in this section.
  904         (5) Any direct care registered nurse who has been
  905  discharged, discriminated against, or retaliated against in
  906  violation of this section or against whom a complaint has been
  907  filed in violation of paragraph (4)(b) may bring a cause of
  908  action in a state court. A direct care registered nurse who
  909  prevails on the cause of action is entitled to one or more of
  910  the following:
  911         (a) Reinstatement.
  912         (b) Reimbursement of lost wages, compensation, and
  913  benefits.
  914         (c) Attorney fees.
  915         (d) Court costs.
  916         (e) Other damages.
  917         (6) A direct care registered nurse, patient, or other
  918  individual may file a complaint with the agency against a health
  919  care facility that violates the provisions of this act. For any
  920  complaint filed, the agency shall:
  921         (a) Receive and investigate the complaint;
  922         (b) Determine whether a violation of this act as alleged in
  923  the complaint has occurred; and
  924         (c) If such a violation has occurred, issue an order that
  925  the complaining nurse or individual not suffer any retaliation
  926  described in this section.
  927         (7)(a) The agency shall provide for the establishment of a
  928  toll-free telephone hotline to provide information regarding the
  929  requirements of this section and to receive reports of
  930  violations of such section.
  931         (b) A health care facility shall provide each patient
  932  admitted to the facility for inpatient care with the hotline
  933  described in paragraph (a), and shall give notice to each
  934  patient that such hotline may be used to report inadequate
  935  staffing or care.
  936         (8)(a) A health care facility may not discriminate or
  937  retaliate in any manner against any patient, employee, or
  938  contract employee of the facility, or any other individual, on
  939  the basis that such individual, in good faith, individually or
  940  in conjunction with another person or persons, has presented a
  941  grievance or complaint, or has initiated or cooperated in any
  942  investigation or proceeding of any governmental entity,
  943  regulatory agency, or private accreditation body, made a civil
  944  claim or demand, or filed an action relating to the care,
  945  services, or conditions of the health care facility or of any
  946  affiliated or related facilities.
  947         (b) For purposes of this subsection, an individual shall be
  948  deemed to be acting in good faith if the individual reasonably
  949  believes:
  950         1. The information reported or disclosed is true; and
  951         2. A violation of this act has occurred or may occur.
  952         (9)(a) A health care facility may not:
  953         1. Interfere with, restrain, or deny the exercise, or
  954  attempt to exercise, by any person of any right provided or
  955  protected under this act; or
  956         2. Coerce or intimidate any person regarding the exercise
  957  or attempt to exercise such right.
  958         (b) A health care facility may not discriminate or
  959  retaliate against any person for opposing any facility policy,
  960  practice, or actions that are alleged to violate, breach, or
  961  fail to comply with any provision of this act.
  962         (c) A health care facility, or an individual representing a
  963  health care facility, may not make, adopt, or enforce any rule,
  964  regulation, policy, or practice that in any manner directly or
  965  indirectly prohibits, impedes, or discourages a direct care
  966  registered nurse from, or intimidates, coerces, or induces a
  967  direct care registered nurse regarding, engaging in free speech
  968  activities or disclosing information as provided under this act.
  969         (d) A health care facility, or an individual representing a
  970  health care facility, may not in any way interfere with the
  971  rights of nurses to organize, bargain collectively, and engage
  972  in concerted activity under chapter 7 of the National Labor
  973  Relations Act, 29 U.S.C. s. 157.
  974         (e) A health care facility shall post in an appropriate
  975  location in each unit a conspicuous notice in a form specified
  976  by the agency which:
  977         1. Explains the rights of nurses, patients, and other
  978  individuals under this section;
  979         2. Includes a statement that a nurse, patient, or other
  980  individual may file a complaint with the agency against a health
  981  care facility that violates the provisions of this act; and
  982         3. Provides instructions on how to file a complaint.
  983         Section 8. Enforcement.—
  984         (1) In addition to any other penalties prescribed by law,
  985  the agency may impose civil penalties as follows:
  986         (a) The agency may impose against a health care facility
  987  found to be in violation of any provision of this act a civil
  988  penalty of not more than $25,000 for each such violation, except
  989  that the agency shall impose a civil penalty of more than
  990  $25,000 for each violation in the case of a health care facility
  991  that the agency determines has a pattern of practice of such
  992  violation.
  993         (b) The agency may impose against an individual who is
  994  employed by a health care facility and who is found by the
  995  agency to have violated a requirement of this act a civil
  996  penalty of not more than $20,000 for each such violation.
  997         (2) The agency shall post on its Internet website the names
  998  of health care facilities against which civil penalties have
  999  been imposed under this act, and such additional information as
 1000  the agency deems necessary.
 1001         Section 9. This act shall take effect July 1, 2013.