Florida Senate - 2017                                    SB 1754
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-01417-17                                           20171754__
    1                        A bill to be entitled                      
    2         An act relating to delivery of nursing services;
    3         creating the “Florida Hospital Patient Protection
    4         Act”; creating s. 395.1014, F.S.; providing
    5         legislative findings; defining terms; requiring
    6         minimum direct care registered nurse staffing levels
    7         in a health care facility; requiring that each health
    8         care facility implement a staffing plan; prohibiting a
    9         health care facility from imposing mandatory overtime
   10         and certain other actions; specifying the required
   11         ratios of direct care registered nurses to patients
   12         for each type of care provided; prohibiting a health
   13         care facility from using an acuity adjustable unit to
   14         care for a patient; prohibiting a health care facility
   15         from using video cameras or monitors as substitutes
   16         for the required level of care; providing an exception
   17         during a declared state of emergency; requiring that
   18         the chief nursing officer of a health care facility,
   19         or his or her designee, prepare a written staffing
   20         plan that meets the direct care registered nurse
   21         staffing levels required by the act; requiring that a
   22         health care facility annually evaluate its actual
   23         direct care registered nurse staffing levels and
   24         update the staffing plan based on the evaluation;
   25         requiring that certain documentation be submitted to
   26         the Agency for Health Care Administration and be made
   27         available for public inspection; requiring that the
   28         agency develop uniform standards for use by health
   29         care facilities in establishing nurse staffing
   30         requirements; providing requirements for the committee
   31         members who are appointed to develop the uniform
   32         standards; requiring health care facilities to
   33         annually report certain information to the agency and
   34         post a notice containing such information in each unit
   35         of the facility; prohibiting a health care facility
   36         from assigning unlicensed personnel to perform
   37         functions or tasks that are performed by a licensed or
   38         registered nurse; specifying those actions that
   39         constitute professional practice by a direct care
   40         registered nurse; requiring that a patient assessment
   41         be performed only by a direct care registered nurse;
   42         authorizing a direct care registered nurse to assign
   43         certain specified activities to other licensed or
   44         unlicensed nursing staff; prohibiting a health care
   45         facility from deploying technology that limits certain
   46         care provided by a direct care registered nurse;
   47         providing that it is a duty and right of a direct care
   48         registered nurse to act as the patient’s advocate;
   49         providing certain requirements with respect to such
   50         duty; authorizing a direct care registered nurse to
   51         refuse to perform certain activities if he or she
   52         determines that it is not in the best interest of the
   53         patient; authorizing a direct care registered nurse to
   54         refuse an assignment under certain circumstances;
   55         prohibiting a health care facility from discharging,
   56         discriminating against, or retaliating against a nurse
   57         based on such refusal; providing that a direct care
   58         registered nurse has a right of action against a
   59         health care facility that violates certain provisions
   60         of the act; requiring that the agency establish a
   61         toll-free telephone hotline to provide information and
   62         to receive reports of violations of the act; requiring
   63         that certain information be provided to each patient
   64         who is admitted to a health care facility; prohibiting
   65         a health care facility from interfering with the right
   66         of nurses to organize or bargain collectively;
   67         authorizing the agency to impose fines for violations
   68         of the act; requiring that the agency post on its
   69         website information regarding health care facilities
   70         that have violated the act; providing an effective
   71         date.
   72          
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Short title.—This act may be cited as the
   76  “Florida Hospital Patient Protection Act.”
   77         Section 2. Section 395.1014, Florida Statutes, is created
   78  to read:
   79         395.1014Health care facility patient care standards.—
   80         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
   81         (a)The state has a substantial interest in ensuring that,
   82  in the delivery of health care services to patients, health care
   83  facilities retain sufficient nursing staff so as to promote
   84  optimal health care outcomes.
   85         (b)Health care services are becoming more complex and it
   86  is increasingly difficult for patients to access integrated
   87  services. Competent, safe, therapeutic, and effective patient
   88  care is jeopardized because of staffing changes implemented in
   89  response to market-driven managed care. In order to ensure
   90  effective protection of patients in acute care settings, it is
   91  essential that qualified direct care registered nurses be
   92  accessible and available to meet the individual needs of the
   93  patient at all times. Also, in order to ensure the health and
   94  welfare of residents and to ensure that hospital nursing care is
   95  provided in the exclusive interests of patients, mandatory
   96  practice standards and professional practice protections for
   97  professional direct care registered nursing staff must be
   98  established. Direct care registered nurses have a duty to care
   99  for assigned patients and a necessary duty of individual and
  100  collective patient advocacy in order to satisfy professional
  101  obligations.
  102         (c)The basic principles of staffing in hospital settings
  103  should be based on the care needs of the individual patient, the
  104  severity of the patient’s condition, the services needed, and
  105  the complexity surrounding those services. Current unsafe
  106  practices by hospital direct care registered nursing staff have
  107  resulted in adverse patient outcomes. Mandating the adoption of
  108  uniform, minimum, numerical, and specific registered nurse-to
  109  patient staffing ratios by licensed hospital facilities is
  110  necessary for competent, safe, therapeutic, and effective
  111  professional nursing care and for the retention and recruitment
  112  of qualified direct care registered nurses.
  113         (d)Direct care registered nurses must be able to advocate
  114  for their patients without fear of retaliation from their
  115  employers. Whistle-blower protections that encourage registered
  116  nurses and patients to notify governmental and private
  117  accreditation entities of suspected unsafe patient conditions,
  118  including protection against retaliation for refusing unsafe
  119  patient care assignments, will greatly enhance the health,
  120  safety, and welfare of patients.
  121         (e)Direct care registered nurses have an irrevocable duty
  122  and right to advocate on behalf of their patients’ interests,
  123  and this duty and right may not be encumbered by cost-saving
  124  practices.
  125         (2)DEFINITIONS.—As used in this section, the term:
  126         (a)“Acuity-based patient classification system,” “acuity
  127  system,” or “patient classification system” means an established
  128  measurement tool that:
  129         1.Predicts registered nursing care requirements for
  130  individual patients based on the severity of a patient’s
  131  illness; the need for specialized equipment and technology; the
  132  intensity of required nursing interventions; the complexity of
  133  clinical nursing judgment required to design, implement, and
  134  evaluate the patient nursing care plan consistent with
  135  professional standards; the ability for self-care, including
  136  motor, sensory, and cognitive deficits; and the need for
  137  advocacy intervention;
  138         2.Details the amount of nursing care needed and the
  139  additional number of direct care registered nurses and other
  140  licensed and unlicensed nursing staff that the hospital must
  141  assign, based on the independent professional judgment of a
  142  direct care registered nurse, in order to meet the needs of
  143  individual patients at all times; and
  144         3.Can be readily understood and used by direct care
  145  nursing staff.
  146         (b)“Ancillary support staff” means the personnel assigned
  147  to assist in providing nursing services for the delivery of
  148  safe, therapeutic, and effective patient care, including unit or
  149  ward clerks and secretaries, clinical technicians, respiratory
  150  therapists, and radiology, laboratory, housekeeping, and dietary
  151  personnel.
  152         (c)“Clinical supervision” means the assignment and
  153  direction of a patient care task required in the implementation
  154  of nursing care for a patient to other licensed nursing staff or
  155  to unlicensed staff by a direct care registered nurse in the
  156  exclusive interest of the patient.
  157         (d)“Competence” means the ability of a direct care
  158  registered nurse to act and integrate the knowledge, skill,
  159  abilities, and independent professional judgment that underpin
  160  safe, therapeutic, and effective patient care.
  161         (e)“Declared state of emergency” means an officially
  162  designated state of emergency that has been declared by a
  163  federal, state, or local government official who has the
  164  authority to declare the state of emergency. The term does not
  165  include a state of emergency that results from a labor dispute
  166  in the health care industry.
  167         (f)“Direct care registered nurse” means a licensed
  168  registered nurse whose competence has been documented and who
  169  has accepted a direct, hands-on patient care assignment to
  170  implement medical and nursing regimens and provide related
  171  clinical supervision of patient care while exercising
  172  independent professional judgment at all times in the exclusive
  173  interest of the patient.
  174         (g)“Unit” means an acute care hospital; an emergency care,
  175  ambulatory, or outpatient surgery facility licensed under this
  176  chapter; or a psychiatric facility licensed under chapter 394.
  177         (h)“Hospital unit” or “clinical unit” means a critical
  178  care or intensive care unit, labor and delivery room, antepartum
  179  and postpartum unit, newborn nursery, postanesthesia unit,
  180  emergency department, operating room, pediatric unit, surgical
  181  unit, rehabilitation unit, skilled nursing unit, specialty care
  182  unit, step-down unit or intermediate intensive care unit,
  183  telemetry unit, or psychiatric unit.
  184         1.“Acuity adjustable unit” means a unit that adjusts a
  185  room’s technology, monitoring systems, and intensity of nursing
  186  care based on the severity of the patient’s condition.
  187         2.“Critical care unit” or “intensive care unit” means a
  188  nursing unit established to safeguard and protect a patient
  189  whose severity of medical condition requires continuous
  190  monitoring and complex intervention by a direct care registered
  191  nurse and whose restorative measures and level of nursing
  192  intensity require intensive care through direct observation by a
  193  direct care registered nurse and complex monitoring, intensive
  194  intricate assessment, evaluation, specialized rapid
  195  intervention, and education or teaching of the patient, the
  196  patient’s family, or other representatives by a competent and
  197  experienced direct care registered nurse. The term includes a
  198  burn unit, a coronary care unit, or an acute respiratory unit.
  199         3.“Rehabilitation unit” means a functional clinical unit
  200  established to provide rehabilitation services that restore an
  201  ill or injured patient to the highest level of self-sufficiency
  202  or gainful employment of which he or she is capable in the
  203  shortest possible time, compatible with his or her physical,
  204  intellectual, and emotional or psychological capabilities, and
  205  in accordance with planned goals and objectives.
  206         4.“Skilled nursing unit” means a functional clinical unit
  207  established to provide skilled nursing care and supportive care
  208  to patients whose primary need is for skilled nursing care on a
  209  long-term basis and who are admitted after at least a 48-hour
  210  period of continuous inpatient care. The term includes, but is
  211  not limited to, a unit established to provide medical, nursing,
  212  dietary, and pharmaceutical services and activity programs.
  213         5.“Specialty care unit” means a unit established to
  214  safeguard and protect a patient whose severity of illness,
  215  including all co-occurring morbidities, restorative measures,
  216  and level of nursing intensity, requires continuous care through
  217  direct observation by a direct care registered nurse and
  218  monitoring, multiple assessments, specialized interventions,
  219  evaluations, and education or teaching of the patient, the
  220  patient’s family, or other representatives by a competent and
  221  experienced direct care registered nurse. The term includes, but
  222  is not limited to, a unit established to provide the intensity
  223  of care required for a specific medical condition or a specific
  224  patient population or to provide more comprehensive care for a
  225  specific condition or disease than the care required in a
  226  surgical unit.
  227         6.“Step-down unit” or “intermediate intensive care unit”
  228  means a unit established to safeguard and protect a patient
  229  whose severity of illness, including all co-occurring
  230  morbidities, restorative measures, and level of nursing
  231  intensity, requires intermediate intensive care through direct
  232  observation by a direct care registered nurse and monitoring,
  233  multiple assessments, specialized interventions, evaluations,
  234  and education or teaching of the patient, the patient’s family,
  235  or other representatives by a competent and experienced direct
  236  care registered nurse. The term includes units established to
  237  provide care to patients who have moderate or potentially severe
  238  physiological instability requiring technical support, but not
  239  necessarily artificial life support. As used in this
  240  subparagraph, the term:
  241         a.“Artificial life support” means a system that uses
  242  medical technology to aid, support, or replace a vital function
  243  of the body which has been seriously damaged.
  244         b.“Technical support” means the use of specialized
  245  equipment by a direct care registered nurse in providing for
  246  invasive monitoring, telemetry, and mechanical ventilation for
  247  the immediate amelioration or remediation of severe pathology
  248  for a patient requiring less care than intensive care, but more
  249  care than the care provided in a surgical unit.
  250         7.“Surgical unit” means a unit established to safeguard
  251  and protect a patient whose severity of illness, including all
  252  co-occurring morbidities, restorative measures, and level of
  253  nursing intensity, requires continuous care through direct
  254  observation by a direct care registered nurse and monitoring,
  255  multiple assessments, specialized interventions, evaluations,
  256  and education or teaching of the patient, the patient’s family,
  257  or other representatives by a competent and experienced direct
  258  care registered nurse. These units may include patients
  259  requiring less than intensive care or step-down care; patients
  260  receiving 24-hour inpatient general medical care, postsurgical
  261  care, or both general medical and postsurgical care; and mixed
  262  populations of patients of diverse diagnoses and diverse age
  263  groups, but excluding pediatric patients.
  264         8.“Telemetry unit” means a unit established to safeguard
  265  and protect a patient whose severity of illness, including all
  266  co-occurring morbidities, restorative measures, and level of
  267  nursing intensity, requires intermediate intensive care through
  268  direct observation by a direct care registered nurse and
  269  monitoring, multiple assessments, specialized interventions,
  270  evaluations, and education or teaching of the patient, the
  271  patient’s family, or other representatives by a competent and
  272  experienced direct care registered nurse. A telemetry unit
  273  includes the equipment used to provide for the electronic
  274  monitoring, recording, retrieval, and display of cardiac
  275  electrical signals.
  276         (i)“Licensed nurse” means a registered nurse or a licensed
  277  practical nurse, as defined in s. 464.003, who is licensed by
  278  the Board of Nursing to engage in the practice of professional
  279  nursing or the practice of practical nursing, as defined in s.
  280  464.003.
  281         (j)“Long-term acute care hospital” means a hospital or
  282  health care facility that specializes in providing long-term
  283  acute care to medically complex patients. The term includes a
  284  freestanding and hospital-within-hospital model of a long-term
  285  acute care facility.
  286         (k)“Overtime” means the hours worked in excess of:
  287         1.An agreed-upon, predetermined, regularly scheduled
  288  shift;
  289         2.Twelve hours in a 24-hour period; or
  290         3.Eighty hours in a 14-day period.
  291         (l)“Patient assessment” means the use of critical thinking
  292  by a direct care licensed nurse and the intellectually
  293  disciplined process of actively and skillfully interpreting,
  294  applying, analyzing, synthesizing, or evaluating data obtained
  295  through direct observation and communication with others.
  296         (m)“Professional judgment” means the intellectual,
  297  educated, informed, and experienced process that a direct care
  298  registered nurse exercises in forming an opinion and reaching a
  299  clinical decision that is in the patient’s best interest and is
  300  based upon analysis of data, information, and scientific
  301  evidence.
  302         (n)“Skill mix” means the differences in licensing,
  303  specialty, and experience among direct care registered nurses.
  304         (3)MINIMUM DIRECT CARE REGISTERED NURSE STAFFING LEVEL
  305  REQUIREMENTS.—
  306         (a)Each health care facility shall implement a staffing
  307  plan that provides for a minimum direct care registered nurse
  308  staffing level in accordance with the general requirements set
  309  forth in this subsection and the directed care registered nurse
  310  staffing levels in a clinical unit as specified in paragraph
  311  (b). Staffing levels for patient care tasks that do not require
  312  a direct care registered nurse are not included within these
  313  ratios and shall be determined pursuant to an acuity-based
  314  patient classification system defined by agency rule.
  315         1.A health care facility may not assign a direct care
  316  registered nurse to a clinical unit unless the health care
  317  facility and the direct care registered nurse determine that the
  318  nurse has demonstrated and validated current competence in
  319  providing care in that clinical unit and has also received
  320  orientation in that area which is sufficient to provide
  321  competent, safe, therapeutic, and effective care to a patient in
  322  that area. The policies and procedures of the health care
  323  facility must contain the criteria for making this
  324  determination.
  325         2.The direct care registered nurse staffing levels
  326  represent the maximum number of patients that may be assigned to
  327  one direct care registered nurse at any one time.
  328         3.A health care facility:
  329         a.May not average the number of patients and the total
  330  number of direct care registered nurses assigned to patients in
  331  a hospital unit or clinical unit during any period of time for
  332  purposes of meeting the requirements under this subsection.
  333         b.May not impose mandatory overtime in order to meet the
  334  minimum direct care registered nurse staffing levels in the
  335  hospital unit or clinical unit which are required under this
  336  subsection.
  337         c.Shall ensure that only a direct care registered nurse
  338  may relieve another direct care registered nurse during breaks,
  339  meals, and routine absences from a hospital unit or clinical
  340  unit.
  341         d.May not lay off licensed practical nurses, licensed
  342  psychiatric technicians, certified nursing assistants, or other
  343  ancillary support staff in order to meet the direct care
  344  registered nurse staffing levels in a hospital unit or clinical
  345  unit, as required in this subsection.
  346         4.Only a direct care registered nurse may be assigned to
  347  an intensive care newborn nursery service unit, which
  348  specifically requires a direct care registered nurse staffing
  349  level of one nurse to two or fewer infants at all times.
  350         5.Only a direct care registered nurse may be assigned to a
  351  triage patient, and only a direct care registered nurse may be
  352  assigned to a critical care patient in the emergency department.
  353         a.The direct care registered nurse staffing level for
  354  triage patients or critical care patients in the emergency
  355  department must be one nurse to two or fewer patients at all
  356  times.
  357         b.At least two direct care registered nurses must be
  358  physically present in the emergency department when a patient is
  359  present.
  360         c.Triage, radio, specialty, or flight registered nurses do
  361  not count in the calculation of direct care registered nurse
  362  staffing levels.
  363         d.Triage registered nurses may not be assigned the
  364  responsibility of the base radio.
  365         6.Only a direct care registered nurse may be assigned to a
  366  labor and delivery unit.
  367         a.The direct care registered nurse staffing level must be
  368  one nurse to one active labor patient, or one patient having
  369  medical or obstetrical complications, during the initiation of
  370  epidural anesthesia and during circulation for a caesarean
  371  section delivery.
  372         b.The direct care registered nurse staffing level for
  373  antepartum patients who are not in active labor must be one
  374  nurse to three or fewer patients at all times.
  375         c.In the event of a caesarean delivery, the direct care
  376  registered nurse staffing level must be one nurse to four or
  377  fewer mother-plus-infant couplets.
  378         d.In the event of multiple births, the direct care
  379  registered nurse staffing level must be one nurse to six or
  380  fewer mother-plus-infant couplets.
  381         e.The direct care registered nurse staffing level for
  382  postpartum areas in which the direct care registered nurse’s
  383  assignment consists of only mothers must be one nurse to four or
  384  fewer patients at all times.
  385         f.The direct care registered nurse staffing level for
  386  postpartum patients or postsurgical gynecological patients must
  387  be one nurse to four or fewer patients at all times.
  388         g.The direct care registered nurse staffing level for the
  389  well-baby nursery must be one nurse to five or fewer patients at
  390  all times.
  391         h.The direct care registered nurse staffing level for
  392  unstable newborns and newborns in the resuscitation period as
  393  assessed by a direct care registered nurse must be at least one
  394  nurse to one patient at all times.
  395         i.The direct care registered nurse staffing level for
  396  newborn infants must be one nurse to four or fewer patients at
  397  all times.
  398         7.The direct care registered nurse staffing level for
  399  patients receiving conscious sedation must be at least one nurse
  400  to one patient at all times.
  401         (b)A health care facility’s staffing plan must provide
  402  that, at all times during each shift within a unit of the
  403  facility, a direct care registered nurse is assigned to not more
  404  than:
  405         1.One patient in a trauma emergency unit;
  406         2.One patient in an operating room unit. The operating
  407  room must have at least one direct care registered nurse
  408  assigned to the duties of the circulating registered nurse and a
  409  minimum of one additional person as a scrub assistant for each
  410  patient-occupied operating room;
  411         3.Two patients in a critical care unit, including neonatal
  412  intensive care units; emergency critical care and intensive care
  413  units; labor and delivery units; coronary care units; acute
  414  respiratory care units; postanesthesia units, regardless of the
  415  type of anesthesia received; and postpartum units so that the
  416  direct care registered nurse staffing level is one nurse to two
  417  or fewer patients at all times;
  418         4.Three patients in an emergency room unit; step-down unit
  419  or intermediate intensive care unit; pediatrics unit; telemetry
  420  unit; or combined labor, delivery, and postpartum unit so that
  421  the direct care registered nurse staffing level is one nurse to
  422  three or fewer patients at all times;
  423         5.Four patients in a surgical unit, antepartum unit,
  424  intermediate care nursery unit, psychiatric unit, or presurgical
  425  or other specialty care unit so that the direct care registered
  426  nurse staffing level is one nurse to four or fewer patients at
  427  all times;
  428         6.Five patients in a rehabilitation unit and skilled
  429  nursing unit so that the direct care registered nurse staffing
  430  level is one nurse to five or fewer patients at all times;
  431         7.Six patients in a well-baby nursery unit so that the
  432  direct care registered nurse staffing level is one nurse to six
  433  or fewer patients at all times; or
  434         8.Three mother-plus-infant couplets in a postpartum unit
  435  so that the direct care registered nurse staffing level is one
  436  nurse to three or fewer mother-plus-infant couplets at all
  437  times.
  438         (c)1.Identifying a hospital unit or clinical unit by a
  439  name or term other than those defined in subsection (2) does not
  440  affect the requirement of direct care registered nurse staffing
  441  levels identified for the level of intensity or type of care
  442  described in paragraphs (a) and (b).
  443         2.Patients shall be cared for only in hospital units or
  444  clinical units in which the level of intensity, type of care,
  445  and direct care registered nurse staffing levels meet the
  446  individual requirements and needs of each patient. A health care
  447  facility may not use an acuity adjustable unit to care for a
  448  patient.
  449         3.A health care facility may not use a video camera or
  450  monitor or any form of electronic visualization of a patient to
  451  substitute for the direct observation required for patient
  452  assessment by the direct care registered nurse and for patient
  453  protection required by an attendant.
  454         (d)The requirements established under this subsection do
  455  not apply during a declared state of emergency if a health care
  456  facility is requested or expected to provide an exceptional
  457  level of emergency or other medical services.
  458         (e)The chief nursing officer or his or her designee shall
  459  develop a staffing plan for each hospital unit or clinical unit.
  460         1.The staffing plan must be in writing and, based on
  461  individual patient care needs determined by the patient
  462  classification system, must specify individual patient care
  463  requirements and the staffing levels for direct care registered
  464  nurses and other licensed and unlicensed personnel. The direct
  465  care registered nurse staffing level on any shift may not fall
  466  below the requirements in paragraphs (a) and (b) at any time.
  467         2.In addition to the requirements of direct care
  468  registered nurse staffing levels in paragraphs (a) and (b), each
  469  health care facility shall assign additional nursing staff, such
  470  as licensed practical nurses, licensed psychiatric technicians,
  471  and certified nursing assistants, through the implementation of
  472  a valid patient classification system for determining nursing
  473  care needs of individual patients which reflects the assessment
  474  of patient nursing care requirements made by the assigned direct
  475  care registered nurse and which provides for shift-by-shift
  476  staffing based on those requirements. The direct care registered
  477  nurse staffing levels specified in paragraphs (a) and (b)
  478  constitute the minimum number of registered nurses who shall be
  479  assigned to provide direct patient care.
  480         3.In developing the staffing plan, a health care facility
  481  shall provide for direct care registered nurse staffing levels
  482  that are above the minimum levels required in paragraphs (a) and
  483  (b) based upon consideration of the following factors:
  484         a.The number of patients and acuity level of patients as
  485  determined by the application of an acuity system on a shift-by
  486  shift basis.
  487         b.The anticipated admissions, discharges, and transfers of
  488  patients during each shift which affect direct patient care.
  489         c.The specialized experience required of direct care
  490  registered nurses on a particular hospital unit or clinical
  491  unit.
  492         d.Staffing levels of other health care personnel who
  493  provide services for direct patient care needs that normally do
  494  not require care by a direct care registered nurse.
  495         e.The level of efficacy of technology that is available
  496  and that affects the delivery of direct patient care.
  497         f.The level of familiarity with hospital practices,
  498  policies, and procedures by a direct care registered nurse from
  499  a temporary agency during a shift.
  500         g.Obstacles to efficiency in the delivery of patient care
  501  caused by the physical layout of the health care facility.
  502         4.A health care facility shall specify the system used to
  503  document actual staffing in each unit for each shift.
  504         5.A health care facility shall annually evaluate:
  505         a.The reliability of the patient classification system for
  506  validating staffing requirements in order to determine whether
  507  the system accurately measures individual patient care needs and
  508  accurately predicts the staffing requirements for direct care
  509  registered nurses, licensed practical nurses, licensed
  510  psychiatric technicians, and certified nursing assistants, based
  511  exclusively on individual patient needs.
  512         b.The validity of the acuity-based patient classification
  513  system.
  514         6.A health care facility shall annually update its
  515  staffing plan and acuity system to the extent appropriate based
  516  on the annual evaluation conducted under subparagraph 5. If the
  517  evaluation reveals that adjustments are necessary in order to
  518  ensure accuracy in measuring patient care needs, such
  519  adjustments must be implemented within 30 days after that
  520  determination.
  521         7.Any acuity-based patient classification system adopted
  522  by a health care facility under this subsection must be
  523  transparent in all respects, including disclosure of detailed
  524  documentation of the methodology used to predict nursing
  525  staffing; an identification of each factor, assumption, and
  526  value used in applying such methodology; an explanation of the
  527  scientific and empirical basis for each such assumption and
  528  value; and certification by a knowledgeable and authorized
  529  representative of the health care facility that the disclosures
  530  regarding methods used for testing and validating the accuracy
  531  and reliability of the system are true and complete.
  532         a.The documentation required by this subparagraph shall be
  533  submitted in its entirety to the agency as a mandatory condition
  534  of licensure, with a certification by the chief nursing officer
  535  of the health care facility that the documentation completely
  536  and accurately reflects implementation of a valid acuity-based
  537  patient classification system used to determine nursing service
  538  staffing by the facility for each shift on each hospital unit or
  539  clinical unit in which patients receive care. The chief nursing
  540  officer shall execute the certification under penalty of
  541  perjury, and the certification must contain an expressed
  542  acknowledgment that any false statement constitutes fraud and is
  543  subject to criminal and civil prosecution and penalties.
  544         b.Such documentation must be available for public
  545  inspection in its entirety in accordance with procedures
  546  established by administrative rules adopted by the agency,
  547  consistent with the purposes of this section.
  548         8.A staffing plan of a health care facility shall be
  549  developed and evaluated by a committee created by the health
  550  care facility. At least half of the members of the committee
  551  must be unit-specific competent direct care registered nurses.
  552         a.The chief nursing officer at the facility shall appoint
  553  the members who are not direct care registered nurses. The
  554  direct care registered nurses on the committee shall be
  555  appointed by the chief nursing officer, if the direct care
  556  registered nurses are not represented by a collective bargaining
  557  agreement or by an authorized collective bargaining agent.
  558         b.In case of a dispute, the direct care registered nurse
  559  assessment shall prevail.
  560         c.This section does not authorize conduct that is
  561  prohibited under the National Labor Relations Act or the Federal
  562  Labor Relations Act.
  563         9.By July 1, 2018, the agency shall approve uniform
  564  statewide standards for a standardized acuity tool for use in
  565  health care facilities. The standardized acuity tool shall
  566  provide a method for establishing nurse staffing requirements
  567  which exceed the required direct care registered nurse staffing
  568  levels in the hospital units or clinical units in paragraphs (a)
  569  and (b).
  570         a.The proposed standards shall be developed by a committee
  571  created by the health care facility consisting of up to 20
  572  members. At least 11 of the committee members must be currently
  573  licensed registered nurses who are employed as direct care
  574  registered nurses, and the remaining members must include a
  575  sufficient number of technical or scientific experts in the
  576  specialized fields who are involved in the design and
  577  development of a patient classification system that meets the
  578  requirements of this section.
  579         b.A person who has any employment or any commercial,
  580  proprietary, financial, or other personal interest in the
  581  development, marketing, or use of a private patient
  582  classification system product or related methodology,
  583  technology, or component system is not eligible to serve on the
  584  development committee. A candidate for appointment to the
  585  development committee may not be confirmed as a member until the
  586  candidate files a disclosure-of-interest statement with the
  587  agency, along with a signed certification of full disclosure and
  588  complete accuracy under oath, which provides all necessary
  589  information as determined by the agency to demonstrate the
  590  absence of actual or potential conflict of interest. All such
  591  filings are subject to public inspection.
  592         c.Within 1 year after the official commencement of
  593  committee operations, the development committee shall provide a
  594  written report to the agency which proposes uniform standards
  595  for a valid patient classification system, along with sufficient
  596  explanation and justification to allow for competent review and
  597  determination of sufficiency by the agency. The agency shall
  598  disclose the report to the public upon notice of public hearings
  599  and provide a public comment period for proposed adoption of
  600  uniform standards for a patient classification system by the
  601  agency.
  602         10.Each hospital shall adopt and implement the patient
  603  classification system and provide staffing based on the
  604  standardized acuity tool. Any additional direct care registered
  605  nurse staffing levels that exceed the direct care registered
  606  nurse staffing levels described in paragraphs (a) and (b) shall
  607  be assigned in a manner determined by such standardized acuity
  608  tool.
  609         11.A health care facility shall submit to the agency its
  610  annually updated staffing plan and acuity system as required
  611  under this paragraph.
  612         (f)1.In each hospital unit or clinical unit, a health care
  613  facility shall post a uniform notice in a form specified by
  614  agency rule which:
  615         a.Explains the requirements imposed under this subsection;
  616         b.Includes actual direct care registered nurse staffing
  617  levels during each shift at the hospital unit or clinical unit;
  618         c.Is visible, conspicuous, and accessible to staff and
  619  patients of the hospital unit or clinical unit and the public;
  620         d.Identifies staffing requirements as determined by the
  621  patient classification system for each hospital unit or clinical
  622  unit, documented and posted in the unit for public view on a
  623  day-to-day, shift-by-shift basis;
  624         e.Documents the actual number of staff and the skill mix
  625  at each hospital unit or clinical unit, documented and posted in
  626  the unit for public view on a day-to-day, shift-by-shift basis;
  627  and
  628         f.Reports the variance between the required and actual
  629  staffing patterns at each hospital unit or clinical unit,
  630  documented and posted in the unit for public view on a day-to
  631  day, shift-by-shift basis.
  632         2.a.Each long-term acute care hospital shall maintain
  633  accurate records of actual staffing levels in each hospital unit
  634  or clinical unit for each shift for at least 2 years. Such
  635  records must include:
  636         (I)The number of patients in each unit;
  637         (II)The identity and duty hours of each direct care
  638  registered nurse, licensed practical nurse, licensed psychiatric
  639  technician, and certified nursing assistant assigned to each
  640  patient in the hospital unit or clinical unit for each shift;
  641  and
  642         (III)A copy of each posted notice.
  643         b.Each health care facility shall make its records
  644  maintained under paragraph (e) available to the agency; to
  645  registered nurses and their collective bargaining
  646  representatives, if any; and to the public under rules adopted
  647  by the agency.
  648         3.The agency shall conduct periodic audits to ensure
  649  implementation of the staffing plan in accordance with this
  650  subsection and to ensure the accuracy of records maintained
  651  under paragraph (e).
  652         (g)Health 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 in a unit, the facility must
  656  demonstrate that immediate and diligent efforts are made to
  657  maintain required staffing levels.
  658         (h)The following activities are prohibited:
  659         1.The direct assignment of unlicensed personnel by a
  660  health care facility to perform functions required of a
  661  registered nurse in lieu of care being delivered by a licensed
  662  or registered nurse under the clinical supervision of a direct
  663  care registered nurse.
  664         2.The performance of tasks by unlicensed personnel which
  665  require the clinical assessment, judgment, and skill of a
  666  licensed registered nurse, including, but not limited to:
  667         a.Nursing activities that require nursing assessment and
  668  judgment during implementation;
  669         b.Physical, psychological, or social assessments that
  670  require nursing judgment, intervention, referral, or followup;
  671  and
  672         c.Formulation of a plan of nursing care and evaluation of
  673  a patient’s response to the care provided, including
  674  administration of medication; venipuncture or intravenous
  675  therapy; parenteral or tube feedings; invasive procedures,
  676  including inserting nasogastric tubes, inserting catheters, or
  677  tracheal suctioning; and educating patients and their families
  678  concerning the patient’s health care problems, including
  679  postdischarge care. However, a phlebotomist, an emergency room
  680  technician, or a medical technician may, under the general
  681  supervision of the clinical laboratory director, or his or her
  682  designee, or a physician, perform venipunctures in accordance
  683  with written hospital policies and procedures.
  684         (4)PROFESSIONAL PRACTICE STANDARDS FOR DIRECT CARE
  685  REGISTERED NURSES WORKING IN A HEALTH CARE FACILITY.—
  686         (a)A direct care registered nurse employing scientific
  687  knowledge and experience in the physical, social, and biological
  688  sciences, and exercising independent judgment in applying the
  689  nursing process, shall directly provide:
  690         1.Continuous and ongoing assessments of the patient’s
  691  condition.
  692         2.The planning, clinical supervision, implementation, and
  693  evaluation of the nursing care to each patient.
  694         3.The assessment, planning, implementation, and evaluation
  695  of patient education, including ongoing postdischarge education
  696  of each patient.
  697         4.The delivery of patient care, which must reflect all
  698  elements of the nursing process and must include assessment,
  699  nursing diagnosis, planning, intervention, evaluation, and, as
  700  circumstances require, patient advocacy, and shall be initiated
  701  by a direct care registered nurse at the time of admission.
  702         5.The nursing plan for the patient care, which shall be
  703  discussed with and developed as a result of coordination with
  704  the patient, the patient’s family or other representatives, when
  705  appropriate, and staff of other disciplines involved in the care
  706  of the patient.
  707         6.An evaluation of the effectiveness of the care plan
  708  through assessments based on direct observation of the patient’s
  709  physical condition and behavior, signs and symptoms of illness,
  710  and reactions to treatment and through communication with the
  711  patient and the health care team members, and modification of
  712  the plan as needed.
  713         7.Information related to the initial assessment and
  714  reassessments of the patient, nursing diagnosis, plan,
  715  intervention, evaluation, and patient advocacy, which shall be
  716  permanently recorded in the patient’s medical record as
  717  narrative direct care progress notes. The practice of charting
  718  by exception is expressly prohibited.
  719         (b)1.A patient assessment requires direct observation of
  720  the patient’s signs and symptoms of illness, reaction to
  721  treatment, behavior and physical condition, and interpretation
  722  of information obtained from the patient and others, including
  723  other caregivers on the health care team. A patient assessment
  724  requires data collection by a direct care registered nurse and
  725  the analysis, synthesis, and evaluation of such data.
  726         2.Only a direct care registered nurse may perform a
  727  patient assessment. A licensed practical nurse or licensed
  728  psychiatric technician may assist a direct care registered nurse
  729  in data collection.
  730         (c)1.A direct care registered nurse shall determine the
  731  nursing care needs of individual patients through the process of
  732  ongoing patient assessments, nursing diagnosis, formulation, and
  733  adjustment of nursing care plans.
  734         2.The prediction of individual patient nursing care needs
  735  for prospective assignment of direct care registered nurses
  736  shall be based on individual patient assessments of the direct
  737  care registered nurse assigned to each patient and in accordance
  738  with a documented patient classification system as provided in
  739  subsection (3).
  740         (d)Competent performance of the essential functions of a
  741  direct care registered nurse as provided in this section
  742  requires the exercise of independent judgment in the interest of
  743  the patient. The exercise of such independent judgment,
  744  unencumbered by the commercial or revenue-generation priorities
  745  of a health care facility or employing entity of the direct care
  746  registered nurse, is essential to safe nursing care.
  747         1.Current documented, demonstrated, and validated
  748  competency is required for each direct care registered nurse and
  749  must be determined based on the satisfactory performance of:
  750         a.The statutorily recognized duties and responsibilities
  751  of a registered nurse as set forth in chapter 464 and under
  752  rules adopted under that chapter; and
  753         b.The standards required under subsection (3) and this
  754  subsection that are specific to each hospital unit or clinical
  755  unit.
  756         2.A direct care registered nurse’s independent judgment
  757  while performing the functions described in this section shall
  758  be provided in the exclusive interests of the patient and may
  759  not, for any purpose, be considered, relied upon, or represented
  760  as a job function, authority, responsibility, or activity
  761  undertaken in any respect for the purpose of serving the
  762  business, commercial, operational, or other institutional
  763  interests of the health care facility employer.
  764         (e)1.In addition to the prohibition on assignments of
  765  patient care tasks provided in paragraph (3)(h), a direct care
  766  registered nurse may assign tasks required to implement nursing
  767  care for a patient to other licensed nursing staff or to
  768  unlicensed staff only if the assigning direct care registered
  769  nurse:
  770         a.Determines that the personnel assigned the tasks possess
  771  the necessary training, experience, and capability to
  772  competently and safely perform the tasks to be assigned; and
  773         b.Effectively supervises the clinical functions and
  774  nursing care tasks performed by the assigned personnel.
  775         2.The exercise of clinical supervision of nursing care
  776  personnel by a direct care registered nurse in the performance
  777  of the functions as provided in this subsection must be in the
  778  exclusive interest of the patient and may not, for any purpose,
  779  be considered, relied upon, or represented as a job function,
  780  authority, responsibility, or activity undertaken in any respect
  781  for the purpose of serving the business, commercial,
  782  operational, or other institutional interests of the health care
  783  facility employer, but constitutes the exercise of professional
  784  nursing authority and duty exclusively in the interest of the
  785  patient.
  786         (f)A health care facility may not deploy technology that
  787  limits the direct care provided by a direct care registered
  788  nurse in the performance of functions that are part of the
  789  nursing process, including the full exercise of independent
  790  professional judgment in the assessment, planning,
  791  implementation, and evaluation of care, or that limits a direct
  792  care registered nurse from acting as a patient advocate in the
  793  exclusive interest of the patient. Technology may not be skill
  794  degrading, interfere with the direct care registered nurse’s
  795  provision of individualized patient care, override the direct
  796  care registered nurse’s independent professional judgment, or
  797  interfere with the direct care registered nurse’s right to
  798  advocate in the exclusive interest of the patient.
  799         (g)This subsection applies only to nurses employed by or
  800  providing care in a health care facility.
  801         (5)DIRECT CARE REGISTERED NURSE’S DUTY AND RIGHT OF
  802  PATIENT ADVOCACY.—
  803         (a)A direct care registered nurse has a duty and right to
  804  act and provide care in the exclusive interest of the patient
  805  and to act as the patient’s advocate.
  806         (b)A direct care registered nurse shall always provide
  807  competent, safe, therapeutic, and effective nursing care to an
  808  assigned patient.
  809         1.Before accepting a patient assignment, a direct care
  810  registered nurse must have the necessary knowledge, judgment,
  811  skills, and ability to provide the required care. It is the
  812  responsibility of the direct care registered nurse to determine
  813  whether the nurse is clinically competent to perform the nursing
  814  care required by patients in a particular clinical unit or who
  815  have a particular diagnosis, condition, prognosis, or other
  816  determinative characteristic of nursing care, and whether
  817  acceptance of a patient assignment would expose the patient to
  818  the risk of harm.
  819         2.If the direct care registered nurse is not competent to
  820  perform the care required for a patient assigned for nursing
  821  care or if the assignment would expose the patient to risk of
  822  harm, the direct care registered nurse may not accept the
  823  patient care assignment. Such refusal to accept a patient care
  824  assignment is an exercise of the direct care registered nurse’s
  825  duty and right of patient advocacy.
  826         (c)A direct care registered nurse may refuse to accept an
  827  assignment as a nurse in a health care facility if:
  828         1.The assignment would violate a provision of chapter 464
  829  or the rules adopted under that chapter;
  830         2.The assignment would violate subsection (3), subsection
  831  (4), or this subsection; or
  832         3.The direct care registered nurse is not prepared by
  833  education, training, or experience to fulfill the assignment
  834  without compromising the safety of a patient or jeopardizing the
  835  license of the direct care registered nurse.
  836         (d)A direct care registered nurse may refuse to perform an
  837  assigned task as a nurse in a health care facility if:
  838         1.The assigned task would violate a provision of chapter
  839  464 or the rules adopted under that chapter;
  840         2.The assigned task is outside the scope of practice of
  841  the direct care registered nurse; or
  842         3.The direct care registered nurse is not prepared by
  843  education, training, or experience to fulfill the assigned task
  844  without compromising the safety of a patient or jeopardizing the
  845  license of the direct care registered nurse.
  846         (e)In the course of performing the responsibilities and
  847  essential functions described in subsection (4), the direct care
  848  registered nurse assigned to a patient shall receive orders
  849  initiated by physicians and other legally authorized health care
  850  professionals within their scope of licensure regarding patient
  851  care services to be provided to the patient, including, but not
  852  limited to, the administration of medications and therapeutic
  853  agents that are necessary to implement a treatment, a
  854  rehabilitative regime, or disease prevention.
  855         1.The direct care registered nurse shall assess each such
  856  order before implementation to determine if the order is:
  857         a.In the best interest of the patient;
  858         b.Initiated by a person legally authorized to issue the
  859  order; and
  860         c.Issued in accordance with applicable law and rules
  861  governing nursing care.
  862         2.If the direct care registered nurse determines that the
  863  criteria provided in subparagraph 1. have not been satisfied
  864  with respect to a particular order or if the nurse has some
  865  doubt regarding the meaning or conformance of the order with
  866  such criteria, he or she shall seek clarification from the
  867  initiator of the order, the patient’s physician, or another
  868  appropriate medical officer before implementing the order.
  869         3.If, upon clarification, the direct care registered nurse
  870  determines that the criteria for implementation of an order
  871  provided in subparagraph 1. have not been satisfied, the nurse
  872  may refuse implementation on the basis that the order is not in
  873  the best interest of the patient. Seeking clarification of an
  874  order or refusing an order as described in this subparagraph is
  875  an exercise of the direct care registered nurse’s duty and right
  876  of patient advocacy.
  877         (f)A direct care registered nurse shall, as circumstances
  878  require, initiate action to improve the patient health care or
  879  to change decisions or activities that, in the professional
  880  judgment of the direct care registered nurse, are against the
  881  interests or wishes of the patient, or shall give the patient
  882  the opportunity to make informed decisions about the health care
  883  before it is provided.
  884         (6)FREE SPEECH; PATIENT PROTECTION.—
  885         (a)A health care facility may not:
  886         1.Discharge, discriminate against, or retaliate against in
  887  any manner with respect to any aspect of employment, including
  888  discharge, promotion, compensation, or terms, conditions, or
  889  privileges of employment, a direct care registered nurse based
  890  on the nurse’s refusal of a work assignment pursuant to
  891  paragraph (5)(c) or an assigned task pursuant to paragraph
  892  (5)(d).
  893         2.File a complaint or a report against a direct care
  894  registered nurse with the Board of Nursing or the agency because
  895  of the nurse’s refusal of a work assignment pursuant to
  896  paragraph (5)(c) or an assigned task pursuant to paragraph
  897  (5)(d).
  898         (b)A direct care registered nurse who has been discharged,
  899  discriminated against, or retaliated against in violation of
  900  this section or against whom a complaint or a report has been
  901  filed in violation of subparagraph (a)2. may bring a cause of
  902  action in a state court. A direct care registered nurse who
  903  prevails in the cause of action is entitled to one or more of
  904  the following:
  905         1.Reinstatement.
  906         2.Reimbursement of lost wages, compensation, and benefits.
  907         3.Attorney fees.
  908         4.Court costs.
  909         5.Other damages.
  910         (c)A direct care registered nurse, patient, or other
  911  individual may file a complaint with the agency against a health
  912  care facility that violates this section. For any complaint
  913  filed, the agency shall:
  914         1.Receive and investigate the complaint;
  915         2.Determine whether a violation of this section as alleged
  916  in the complaint has occurred; and
  917         3.If such a violation has occurred, issue an order that
  918  the complaining nurse, patient, or other individual not suffer
  919  any retaliation described in paragraph (a).
  920         (d)1.The agency shall provide for the establishment of a
  921  toll-free telephone hotline to provide information regarding the
  922  requirements of this subsection and to receive reports of
  923  violations of this subsection.
  924         2.A health care facility shall provide each patient
  925  admitted to the facility for inpatient care with the toll-free
  926  telephone hotline described in subparagraph 1. and shall give
  927  notice to each patient that the hotline may be used to report
  928  inadequate staffing or care.
  929         (e)1.A health care facility may not discriminate or
  930  retaliate in any manner against any patient, employee, or
  931  contract employee of the facility, or any other individual, on
  932  the basis that such individual, in good faith, individually or
  933  in conjunction with another person or persons, has presented a
  934  grievance or complaint; initiated or cooperated in an
  935  investigation or proceeding by a governmental entity, regulatory
  936  agency, or private accreditation body; made a civil claim or
  937  demand; or filed an action relating to the care, services, or
  938  conditions of the health care facility or of any affiliated or
  939  related facilities.
  940         2.For purposes of this paragraph, an individual is deemed
  941  to be acting in good faith if the individual reasonably
  942  believes:
  943         a.The information reported or disclosed is true; and
  944         b.A violation of this section has occurred or may occur.
  945         (f)1.A health care facility may not:
  946         a.Interfere with, restrain, or deny the exercise of, or
  947  the attempt to exercise, any right provided or protected under
  948  this section; or
  949         b.Coerce or intimidate any person regarding the exercise
  950  of, or the attempt to exercise, such right.
  951         2.A health care facility may not discriminate or retaliate
  952  against any person for opposing any facility policy, practice,
  953  or action that is alleged to violate, breach, or fail to comply
  954  with any provision of this section.
  955         3.A health care facility, or an individual representing a
  956  health care facility, may not make, adopt, or enforce any rule,
  957  regulation, policy, or practice that in any manner directly or
  958  indirectly prohibits, impedes, or discourages a direct care
  959  registered nurse from engaging in free speech or disclosing
  960  information as provided under this subsection.
  961         4.A health care facility, or an individual representing a
  962  health care facility, may not in any way interfere with the
  963  rights of nurses to organize, bargain collectively, and engage
  964  in concerted activity under chapter 7 of the National Labor
  965  Relations Act, 29 U.S.C. s. 157.
  966         5.A health care facility shall post in an appropriate
  967  location in each hospital unit or clinical unit a conspicuous
  968  notice in a form specified by the agency which:
  969         a.Explains the rights of nurses, patients, and other
  970  individuals under this subsection;
  971         b.Includes a statement that a nurse, patient, or other
  972  individual may file a complaint with the agency against a health
  973  care facility that violates this subsection; and
  974         c.Provides instructions on how to file a complaint.
  975         (7)ENFORCEMENT.—
  976         (a)In addition to any other penalties prescribed by law,
  977  the agency may impose civil penalties as follows:
  978         1.Against a health care facility found to have violated a
  979  provision of this section, a civil penalty of up to $25,000 for
  980  each violation, except that the agency shall impose a civil
  981  penalty of at least $25,000 for each violation if the agency
  982  determines that the health care facility has a pattern of
  983  practice of such violation.
  984         2.Against an individual who is employed by a health care
  985  facility and who is found to have violated a provision of this
  986  section, a civil penalty of up to $20,000 for each violation.
  987         (b)The agency shall post on its website the names of
  988  health care facilities against which civil penalties have been
  989  imposed under this subsection and such additional information as
  990  the agency deems necessary.
  991         Section 3. This act shall take effect July 1, 2017.