Florida Senate - 2020                                     SB 204
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-00171-20                                            2020204__
    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 that
    6         each health care facility implement a staffing plan
    7         that provides minimum direct care registered nurse
    8         staffing levels; requiring a direct care registered
    9         nurse to demonstrate competence and to receive
   10         specified orientation before being assigned to a
   11         hospital or clinical unit; prohibiting a health care
   12         facility from imposing mandatory overtime and from
   13         engaging in other specified actions; providing
   14         requirements for the staffing plan; specifying the
   15         required ratios of direct care registered nurses to
   16         patients for each type of care provided; prohibiting a
   17         health care facility from using an acuity-adjustable
   18         unit to care for a patient; prohibiting a health care
   19         facility from using video cameras or monitors as
   20         substitutes for the required level of care; providing
   21         an exception during a declared state of emergency;
   22         requiring that the chief nursing officer of a health
   23         care facility, or his or her designee, develop a
   24         staffing plan that meets the required direct care
   25         registered nurse staffing levels; requiring that a
   26         health care facility annually evaluate its actual
   27         direct care registered nurse staffing levels and
   28         update the staffing plan and acuity-based patient
   29         classification system; requiring that certain
   30         documentation be submitted to the Agency for Health
   31         Care Administration and be made available for public
   32         inspection; requiring that the agency approve uniform
   33         standards for use by health care facilities in
   34         establishing direct care registered nurse staffing
   35         requirements by a specified date; requiring a
   36         committee to develop and evaluate a staffing plan for
   37         each health care facility within a specified
   38         timeframe; providing requirements for committee
   39         membership; requiring health care facilities to
   40         annually report certain information to the agency and
   41         to post a notice containing such information in each
   42         unit of the facility; providing recordkeeping
   43         requirements; prohibiting a health care facility from
   44         assigning unlicensed personnel to perform functions or
   45         tasks that should be performed by a licensed or
   46         registered nurse; specifying those actions that
   47         constitute professional practice by a direct care
   48         registered nurse; providing requirements for patient
   49         assessment and requiring that such assessment be
   50         performed only by a direct care registered nurse;
   51         authorizing a direct care registered nurse to assign
   52         certain specified activities to other licensed or
   53         unlicensed nursing staff under certain circumstances;
   54         prohibiting a health care facility from deploying
   55         technology that limits certain care provided by a
   56         direct care registered nurse; providing applicability;
   57         providing that it is a duty and right of a direct care
   58         registered nurse to act as the patient’s advocate and
   59         providing requirements relating thereto; prohibiting a
   60         direct care registered nurse from accepting an
   61         assignment under specified circumstances; authorizing
   62         a direct care registered nurse to refuse to accept an
   63         assignment or to perform a task under certain
   64         circumstances; requiring a direct care registered
   65         nurse to initiate action or to change a decision or an
   66         activity relating to a patient’s health care under
   67         certain circumstances; prohibiting a health care
   68         facility from discharging, or from discriminating,
   69         retaliating, or filing a complaint or report against,
   70         a direct care registered nurse based on such refusal;
   71         authorizing a direct care registered nurse to bring a
   72         cause of action under certain circumstances;
   73         authorizing certain entities to file a complaint with
   74         the agency against a health care facility under
   75         certain circumstances; requiring the agency to
   76         investigate such complaints and issue certain orders
   77         if certain findings are made; prohibiting a health
   78         care facility from discriminating or retaliating
   79         against those entities making such complaints;
   80         prohibiting a health care facility from taking certain
   81         actions in certain situations; prohibiting a health
   82         care facility from interfering with the right of
   83         direct care registered nurses to organize, bargain
   84         collectively, and engage in concerted activity under a
   85         federal act; requiring a health care facility to post
   86         a certain notice in each hospital or clinical unit;
   87         requiring that the agency establish a toll-free
   88         telephone hotline to provide certain information and
   89         to receive reports of certain violations; requiring
   90         that certain information be provided to each patient
   91         who is admitted to a health care facility; authorizing
   92         the agency to impose fines for violations; requiring
   93         that the agency post on its website information
   94         regarding health care facilities on which civil
   95         penalties have been imposed; providing an effective
   96         date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Short title.—This act may be cited as the
  101  “Florida Hospital Patient Protection Act.”
  102         Section 2. Section 395.1014, Florida Statutes, is created
  103  to read:
  104         395.1014Health care facility patient care standards.—
  105         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
  106         (a)The state has a substantial interest in ensuring that,
  107  in the delivery of health care services to patients, health care
  108  facilities retain sufficient nursing staff to promote optimal
  109  health care outcomes.
  110         (b)Health care services are becoming more complex, and it
  111  is increasingly difficult for patients to access integrated
  112  services. Competent, safe, therapeutic, and effective patient
  113  care is jeopardized because of staffing changes implemented in
  114  response to market-driven managed care. To ensure effective
  115  protection of patients in acute care settings, it is essential
  116  that qualified direct care registered nurses be accessible and
  117  available to meet the individual needs of the patient at all
  118  times. Also, to ensure the health and welfare of residents and
  119  to ensure that hospital nursing care is provided in the
  120  exclusive interests of patients, mandatory practice standards
  121  and professional practice protections for professional direct
  122  care registered nursing staff must be established. Direct care
  123  registered nurses have a duty to care for assigned patients and
  124  a necessary duty of individual and collective patient advocacy
  125  to satisfy professional obligations.
  126         (c)The basic principles of staffing in hospital settings
  127  should be based on the care needs of the individual patient, the
  128  severity of the patient’s condition, the services needed, and
  129  the complexity surrounding those services. Current unsafe
  130  practices by hospital direct care registered nursing staff have
  131  resulted in adverse patient outcomes. Mandating the adoption of
  132  uniform, minimum, numerical, and specific direct care registered
  133  nurse-to-patient staffing ratios by licensed hospital facilities
  134  is necessary for competent, safe, therapeutic, and effective
  135  professional nursing care and for the retention and recruitment
  136  of qualified direct care registered nurses.
  137         (d)Direct care registered nurses must be able to advocate
  138  for their patients without fear of retaliation from their
  139  employers. Whistle-blower protections that encourage direct care
  140  registered nurses and patients to notify governmental and
  141  private accreditation entities of suspected unsafe patient
  142  conditions, including protection against retaliation for
  143  refusing unsafe patient care assignments, will greatly enhance
  144  the health, safety, and welfare of patients.
  145         (e)Direct care registered nurses have an irrevocable duty
  146  and right to advocate on behalf of their patients’ interests,
  147  and this duty and right may not be encumbered by cost-saving
  148  practices.
  149         (2)DEFINITIONS.—As used in this section, the term:
  150         (a)“Acuity-based patient classification system” or
  151  “patient classification system” means an established measurement
  152  tool that:
  153         1.Predicts registered nursing care requirements for
  154  individual patients based on the severity of a patient’s
  155  illness; the need for specialized equipment and technology; the
  156  intensity of required nursing interventions; the complexity of
  157  clinical nursing judgment required to design, implement, and
  158  evaluate the patient nursing care plan consistent with
  159  professional standards; the ability for self-care, including
  160  motor, sensory, and cognitive deficits; and the need for
  161  advocacy intervention;
  162         2.Details the amount of nursing care needed and the
  163  additional number of direct care registered nurses and other
  164  licensed and unlicensed nursing staff that the hospital must
  165  assign, based on the independent professional judgment of a
  166  direct care registered nurse, to meet the needs of individual
  167  patients at all times; and
  168         3.Can be readily understood and used by direct care
  169  nursing staff.
  170         (b)“Ancillary support staff” means the personnel assigned
  171  to assist in providing nursing services for the delivery of
  172  safe, therapeutic, and effective patient care, including unit or
  173  ward clerks and secretaries; clinical technicians; respiratory
  174  therapists; and radiology, laboratory, housekeeping, and dietary
  175  personnel.
  176         (c)“Clinical supervision” means the assignment and
  177  direction of a patient care task required in the implementation
  178  of nursing care for a patient to other licensed nursing staff or
  179  to unlicensed staff by a direct care registered nurse in the
  180  exclusive interests of the patient.
  181         (d)“Competence” means the ability of a direct care
  182  registered nurse to act upon and integrate the knowledge,
  183  skills, abilities, and independent professional judgment that
  184  underpin safe, therapeutic, and effective patient care.
  185         (e)“Declared state of emergency” means an officially
  186  designated state of emergency that has been declared by a
  187  federal, state, or local government official who has the
  188  authority to declare the state of emergency. The term does not
  189  include a state of emergency that results from a labor dispute
  190  in the health care industry.
  191         (f)“Direct care registered nurse” means a registered nurse
  192  or licensed practical nurse, as defined in s. 464.003:
  193         1.Who is licensed by the Board of Nursing to engage in the
  194  practice of professional nursing or the practice of practical
  195  nursing, as defined in s. 464.003;
  196         2.Whose competence has been documented; and
  197         3.Who has accepted a direct, hands-on patient care
  198  assignment to implement medical and nursing regimens and provide
  199  related clinical supervision of patient care while exercising
  200  independent professional judgment at all times in the exclusive
  201  interests of the patient.
  202         (g)“Health care facility unit” means an acute care
  203  hospital; an emergency care, ambulatory, or outpatient surgery
  204  facility licensed under this chapter; or a psychiatric facility
  205  licensed under chapter 394.
  206         (h)“Hospital unit” or “clinical unit” means an acuity
  207  adjustable unit, critical care unit or intensive care unit,
  208  labor and delivery unit, antepartum and postpartum unit, newborn
  209  nursery, postanesthesia unit, emergency department, operating
  210  room, pediatric unit, rehabilitation unit, skilled nursing unit,
  211  specialty care unit, step-down unit or intermediate intensive
  212  care unit, surgical unit, telemetry unit, or psychiatric unit.
  213         1.“Acuity-adjustable unit” means a unit that adjusts a
  214  room’s technology, monitoring systems, and intensity of nursing
  215  care based on the severity of the patient’s medical condition.
  216         2.“Critical care unit” or “intensive care unit” means a
  217  nursing unit established to safeguard and protect a patient
  218  whose severity of medical condition requires continuous
  219  monitoring and complex intervention by a direct care registered
  220  nurse and whose restorative measures and level of nursing
  221  intensity require intensive care through direct observation;
  222  complex monitoring; intensive intricate assessment; evaluation;
  223  specialized rapid intervention; and education or teaching of the
  224  patient, the patient’s family, or other representatives by a
  225  competent and experienced direct care registered nurse. The term
  226  includes a burn unit, coronary care unit, or acute respiratory
  227  unit.
  228         3.“Rehabilitation unit” means a functional clinical unit
  229  established to provide rehabilitation services that restore an
  230  ill or injured patient to the highest level of self-sufficiency
  231  or gainful employment of which he or she is capable in the
  232  shortest possible time; compatible with his or her physical,
  233  intellectual, and emotional or psychological capabilities; and
  234  in accordance with planned goals and objectives.
  235         4.“Skilled nursing unit” means a functional clinical unit
  236  established to provide skilled nursing care and supportive care
  237  to patients whose primary need is for skilled nursing care on a
  238  long-term basis and who are admitted after at least a 48-hour
  239  period of continuous inpatient care. The term includes, but is
  240  not limited to, a unit established to provide medical, nursing,
  241  dietary, and pharmaceutical services and activity programs.
  242         5.“Specialty care unit” means a unit established to
  243  safeguard and protect a patient whose severity of illness,
  244  including all co-occurring morbidities, restorative measures,
  245  and level of nursing intensity, requires continuous care through
  246  direct observation and monitoring; multiple assessments;
  247  specialized interventions; evaluations; and education or
  248  teaching of the patient, the patient’s family, or other
  249  representatives by a competent and experienced direct care
  250  registered nurse. The term includes, but is not limited to, a
  251  unit established to provide the intensity of care required for a
  252  specific medical condition or a specific patient population or
  253  to provide more comprehensive care for a specific condition or
  254  disease than the care required in a surgical unit.
  255         6.“Step-down unit” or “intermediate intensive care unit”
  256  means a unit established to safeguard and protect a patient
  257  whose severity of illness, including all co-occurring
  258  morbidities, restorative measures, and level of nursing
  259  intensity, requires intermediate intensive care through direct
  260  observation and monitoring; multiple assessments; specialized
  261  interventions; evaluations; and education or teaching of the
  262  patient, the patient’s family, or other representatives by a
  263  competent and experienced direct care registered nurse. The term
  264  includes a unit established to provide care to patients who have
  265  moderate or potentially severe physiological instability
  266  requiring technical support, but not necessarily artificial life
  267  support. As used in this subparagraph, the term:
  268         a.“Artificial life support” means a system that uses
  269  medical technology to aid, support, or replace a vital function
  270  of the body which has been seriously damaged.
  271         b.“Technical support” means the use of specialized
  272  equipment by a direct care registered nurse in providing for
  273  invasive monitoring, telemetry, and mechanical ventilation for
  274  the immediate amelioration or remediation of severe pathology
  275  for a patient requiring less care than intensive care, but more
  276  care than the care provided in a surgical unit.
  277         7.“Surgical unit” means a unit established to safeguard
  278  and protect a patient whose severity of illness, including all
  279  co-occurring morbidities, restorative measures, and level of
  280  nursing intensity, requires continuous care through direct
  281  observation and monitoring; multiple assessments; specialized
  282  interventions; evaluations; and education or teaching of the
  283  patient, the patient’s family, or other representatives by a
  284  competent and experienced direct care registered nurse. The term
  285  includes a unit established to provide care to patients who
  286  require less than intensive care or step-down care; patients who
  287  receive 24-hour inpatient general medical care or postsurgical
  288  care, or both; and mixed populations of patients of diverse
  289  diagnoses and diverse ages, excluding pediatric patients.
  290         8.“Telemetry unit” means a unit established to safeguard
  291  and protect a patient whose severity of illness, including all
  292  co-occurring morbidities, restorative measures, and level of
  293  nursing intensity, requires intermediate intensive care through
  294  direct observation and monitoring; multiple assessments;
  295  specialized interventions; evaluations; and education or
  296  teaching of the patient, the patient’s family, or other
  297  representatives by a competent and experienced direct care
  298  registered nurse. The term includes a unit in which specialized
  299  equipment is used to provide for the electronic monitoring,
  300  recording, retrieval, and display of cardiac electrical signals.
  301         (i)“Long-term acute care hospital” means a hospital or
  302  health care facility that specializes in providing long-term
  303  acute care to medically complex patients. The term includes a
  304  freestanding and hospital-within-hospital model of a long-term
  305  acute care facility.
  306         (j)“Overtime” means the hours worked in excess of:
  307         1.An agreed-upon, predetermined, regularly scheduled
  308  shift;
  309         2.Twelve hours in a 24-hour period; or
  310         3.Eighty hours in a 14-day period.
  311         (k)“Patient assessment” means the use of critical thinking
  312  by a direct care registered nurse, and the intellectually
  313  disciplined process of actively and skillfully interpreting,
  314  applying, analyzing, synthesizing, or evaluating data obtained
  315  through direct observation and communication with others.
  316         (l)“Professional judgment” means the intellectual,
  317  educated, informed, and experienced process that a direct care
  318  registered nurse exercises in forming an opinion and reaching a
  319  clinical decision that is in the exclusive interests of the
  320  patient and is based upon the analysis of data, information, and
  321  scientific evidence.
  322         (m)“Skill mix” means the differences in licensing,
  323  specialty, and experience among direct care registered nurses.
  324         (3)MINIMUM DIRECT CARE REGISTERED NURSE STAFFING LEVEL
  325  REQUIREMENTS.—
  326         (a)A health care facility shall implement a staffing plan
  327  that provides for a minimum direct care registered nurse
  328  staffing level in accordance with the general requirements set
  329  forth in this subsection and the direct care registered nurse
  330  staffing levels in a clinical unit as specified in paragraph
  331  (b). Staffing levels for patient care tasks that do not require
  332  a direct care registered nurse are not included within these
  333  ratios and shall be determined pursuant to an acuity-based
  334  patient classification system defined by agency rule.
  335         1.A health care facility may not assign a direct care
  336  registered nurse to a clinical unit unless the health care
  337  facility and the direct care registered nurse determine that
  338  such nurse has demonstrated competence in providing care in the
  339  clinical unit and has also received orientation in the clinical
  340  unit’s area of specialty which is sufficient to provide
  341  competent, safe, therapeutic, and effective care to a patient in
  342  that unit. The policies and procedures of the health care
  343  facility must contain the criteria for making this
  344  determination.
  345         2.The direct care registered nurse staffing levels
  346  represent the maximum number of patients that may be assigned to
  347  one direct care registered nurse at any one time.
  348         3.A health care facility:
  349         a.May not average the total number of patients and the
  350  total number of direct care registered nurses assigned to
  351  patients in a hospital unit or clinical unit during any period
  352  for purposes of meeting the requirements under this subsection.
  353         b.May not impose mandatory overtime in order to meet the
  354  minimum direct care registered nurse staffing levels in the
  355  hospital unit or clinical unit which are required under this
  356  subsection.
  357         c.Shall ensure that only a direct care registered nurse
  358  may relieve another direct care registered nurse during breaks,
  359  meals, and routine absences from a hospital unit or clinical
  360  unit.
  361         d.May not lay off licensed practical nurses, licensed
  362  psychiatric technicians, certified nursing assistants, or other
  363  ancillary support staff to meet the direct care registered nurse
  364  staffing levels required in this subsection for a hospital unit
  365  or clinical unit.
  366         4.Only a direct care registered nurse may be assigned to
  367  an intensive care newborn nursery service unit, which
  368  specifically requires a direct care registered nurse staffing
  369  level of one such nurse to two or fewer infants at all times.
  370         5.In the emergency department, only a direct care
  371  registered nurse may be assigned to a triage patient or a
  372  critical care patient.
  373         a.The direct care registered nurse staffing level for
  374  triage patients or critical care patients in the emergency
  375  department must be one such nurse to two or fewer patients at
  376  all times.
  377         b.At least two direct care registered nurses must be
  378  physically present in the emergency department when a patient is
  379  present.
  380         c.Triage, radio, specialty, or flight registered nurses do
  381  not count in the calculation of direct care registered nurse
  382  staffing levels. Triage registered nurses may not be assigned
  383  the responsibility of the base radio.
  384         6.Only a direct care registered nurse may be assigned to a
  385  labor and delivery unit.
  386         a.The direct care registered nurse staffing level must be
  387  one such nurse to one active labor patient, or one patient
  388  having medical or obstetrical complications, during the
  389  initiation of epidural anesthesia and during circulation for a
  390  caesarean section delivery.
  391         b.The direct care registered nurse staffing level for
  392  antepartum patients who are not in active labor must be one such
  393  nurse to three or fewer patients at all times.
  394         c.In the event of a caesarean delivery, the direct care
  395  registered nurse staffing level must be one such nurse to four
  396  or fewer mother-plus-infant couplets.
  397         d.In the event of multiple births, the direct care
  398  registered nurse staffing level must be one such nurse to six or
  399  fewer mother-plus-infant couplets.
  400         e.The direct care registered nurse staffing level for
  401  postpartum areas in which the direct care registered nurse’s
  402  assignment consists of only mothers must be one such nurse to
  403  four or fewer patients at all times.
  404         f.The direct care registered nurse staffing level for
  405  postpartum patients or postsurgical gynecological patients must
  406  be one such nurse to four or fewer patients at all times.
  407         g.The direct care registered nurse staffing level for the
  408  well-baby nursery unit must be one such nurse to five or fewer
  409  patients at all times.
  410         h.The direct care registered nurse staffing level for
  411  unstable newborns and newborns in the resuscitation period as
  412  assessed by a direct care registered nurse must be at least one
  413  such nurse to one patient at all times.
  414         i.The direct care registered nurse staffing level for
  415  newborns must be one such nurse to four or fewer patients at all
  416  times.
  417         7.The direct care registered nurse staffing level for
  418  patients receiving conscious sedation must be at least one such
  419  nurse to one patient at all times.
  420         (b)A health care facility’s staffing plan must provide
  421  that, at all times during each shift within a unit of the
  422  facility, a direct care registered nurse is assigned to not more
  423  than:
  424         1.One patient in a trauma emergency unit;
  425         2.One patient in an operating room unit. The operating
  426  room must have at least one direct care registered nurse
  427  assigned to the duties of the circulating registered nurse and a
  428  minimum of one additional person as a scrub assistant for each
  429  patient-occupied operating room;
  430         3.Two patients in a critical care unit, including neonatal
  431  intensive care units; emergency critical care and intensive care
  432  units; labor and delivery units; coronary care units; acute
  433  respiratory care units; postanesthesia units, regardless of the
  434  type of anesthesia administered; and postpartum units, so that
  435  the direct care registered nurse staffing level is one such
  436  nurse to two or fewer patients at all times;
  437         4.Three patients in an emergency room unit; step-down unit
  438  or intermediate intensive care unit; pediatric unit; telemetry
  439  unit; or combined labor and postpartum unit so that the direct
  440  care registered nurse staffing level is one such nurse to three
  441  or fewer patients at all times;
  442         5.Four patients in a surgical unit, antepartum unit,
  443  intermediate care nursery unit, psychiatric unit, or presurgical
  444  or other specialty care unit so that the direct care registered
  445  nurse staffing level is one such nurse to four or fewer patients
  446  at all times;
  447         6.Five patients in a rehabilitation unit or skilled
  448  nursing unit so that the direct care registered nurse staffing
  449  level is one such nurse to five or fewer patients at all times;
  450         7.Six patients in a well-baby nursery unit so that the
  451  direct care registered nurse staffing level is one such nurse to
  452  six or fewer patients at all times; or
  453         8.Three mother-plus-infant couplets in a postpartum unit
  454  so that the direct care registered nurse staffing level is one
  455  such nurse to three or fewer mother-plus-infant couplets at all
  456  times.
  457         (c)1.Identifying a hospital unit or clinical unit by a
  458  name or term other than those defined in subsection (2) does not
  459  affect the requirement of direct care registered nurse staffing
  460  levels identified for the level of intensity or type of care
  461  described in paragraphs (a) and (b).
  462         2.Patients shall be cared for only in hospital units or
  463  clinical units in which the level of intensity, type of care,
  464  and direct care registered nurse staffing levels meet the
  465  individual requirements and needs of each patient. A health care
  466  facility may not use an acuity-adjustable unit to care for a
  467  patient.
  468         3.A health care facility may not use a video camera or
  469  monitor or any form of electronic visualization of a patient to
  470  substitute for the direct observation required for patient
  471  assessment by the direct care registered nurse and for patient
  472  protection provided by an attendant.
  473         (d)The requirements established under this subsection do
  474  not apply during a declared state of emergency, as defined in
  475  subsection (2), if a health care facility is requested or
  476  expected to provide an exceptional level of emergency or other
  477  medical services.
  478         (e)The chief nursing officer or his or her designee shall
  479  develop a staffing plan for each hospital unit or clinical unit.
  480         1.The staffing plan must be in writing and, based on
  481  individual patient care needs determined by the acuity-based
  482  patient classification system, must specify individual patient
  483  care requirements and the staffing levels for direct care
  484  registered nurses and other licensed and unlicensed personnel.
  485  The direct care registered nurse staffing level on any shift may
  486  not fall below the requirements in paragraphs (a) and (b) at any
  487  time.
  488         2.In addition to the requirements of direct care
  489  registered nurse staffing levels in paragraphs (a) and (b), each
  490  health care facility shall assign additional nursing staff,
  491  including, but not limited to, licensed practical nurses,
  492  licensed psychiatric technicians, and certified nursing
  493  assistants, through the implementation of a valid acuity-based
  494  patient classification system for determining nursing care needs
  495  of individual patients which reflects the assessment of patient
  496  nursing care requirements made by the assigned direct care
  497  registered nurse and which provides for shift-by-shift staffing
  498  based on those requirements. The direct care registered nurse
  499  staffing levels specified in paragraphs (a) and (b) constitute
  500  the minimum number of direct care registered nurses who shall be
  501  assigned to provide direct patient care.
  502         3.In developing the staffing plan, a health care facility
  503  shall provide for direct care registered nurse staffing levels
  504  that are above the minimum levels required in paragraphs (a) and
  505  (b) based upon consideration of the following factors:
  506         a.The number of patients and their acuity levels as
  507  determined by the application of a patient classification system
  508  on a shift-by-shift basis.
  509         b.The anticipated admissions, discharges, and transfers of
  510  patients during each shift which affect direct patient care.
  511         c.The specialized experience required of direct care
  512  registered nurses on a particular hospital unit or clinical
  513  unit.
  514         d.Staffing levels of other health care personnel who
  515  provide direct patient care services for patients who normally
  516  do not require care by a direct care registered nurse.
  517         e.The level of efficacy of technology that is available
  518  that affects the delivery of direct patient care.
  519         f.The level of familiarity with hospital practices,
  520  policies, and procedures by a direct care registered nurse from
  521  a temporary agency during a shift.
  522         g.Obstacles to efficiency in the delivery of patient care
  523  caused by the physical layout of the health care facility.
  524         4.A health care facility shall specify the acuity-based
  525  patient classification system used to document actual staffing
  526  in each unit for each shift.
  527         5.A health care facility shall annually evaluate:
  528         a.The reliability of the acuity-based patient
  529  classification system for validating staffing requirements to
  530  determine whether such system accurately measures individual
  531  patient care needs and accurately predicts the staffing
  532  requirements for direct care registered nurses, licensed
  533  practical nurses, licensed psychiatric technicians, and
  534  certified nursing assistants, based exclusively on individual
  535  patient needs.
  536         b.The validity of the acuity-based patient classification
  537  system.
  538         6.A health care facility shall annually update its
  539  staffing plan and acuity-based patient classification system to
  540  the extent appropriate based on the annual evaluation conducted
  541  under subparagraph 5. If the evaluation reveals that adjustments
  542  are necessary to ensure accuracy in measuring patient care
  543  needs, such adjustments must be implemented within 30 days after
  544  such determination.
  545         7.Any acuity-based patient classification system adopted
  546  by a health care facility under this subsection must be
  547  transparent in all respects, including disclosure of detailed
  548  documentation of the methodology used to predict nurse staffing;
  549  an identification of each factor, assumption, and value used in
  550  applying such methodology; an explanation of the scientific and
  551  empirical basis for each such assumption and value; and
  552  certification by a knowledgeable and authorized representative
  553  of the health care facility that the disclosures regarding
  554  methods used for testing and validating the accuracy and
  555  reliability of such system are true and complete.
  556         a.The documentation required by this subparagraph shall be
  557  submitted in its entirety to the agency as a mandatory condition
  558  of licensure, with a certification by the chief nursing officer
  559  of the health care facility that the documentation completely
  560  and accurately reflects implementation of a valid acuity-based
  561  patient classification system used to determine nurse staffing
  562  by the facility for each shift in each hospital unit or clinical
  563  unit in which patients receive care. The chief nursing officer
  564  shall execute the certification under penalty of perjury, and
  565  the certification must contain an expressed acknowledgment that
  566  any false statement constitutes fraud and is subject to criminal
  567  and civil prosecution and penalties.
  568         b.Such documentation must be available for public
  569  inspection in its entirety in accordance with procedures
  570  established by administrative rules adopted by the agency,
  571  consistent with the purposes of this section.
  572         8.A staffing plan of a health care facility shall be
  573  developed and evaluated by a committee created by the health
  574  care facility. At least half of the members of the committee
  575  must be unit-specific competent direct care registered nurses.
  576         a.The chief nursing officer at the facility shall appoint
  577  the members who are not direct care registered nurses. The
  578  direct care registered nurses on the committee shall be
  579  appointed by the chief nursing officer if the direct care
  580  registered nurses are not represented by a collective bargaining
  581  agreement or by an authorized collective bargaining agent.
  582         b.In case of a dispute, the direct care registered nurse
  583  assessment shall prevail.
  584         c.This section does not authorize conduct that is
  585  prohibited under the National Labor Relations Act or the Federal
  586  Labor Relations Act of 1978.
  587         9.By July 1, 2021, the agency shall approve uniform
  588  statewide standards for a standardized acuity tool for use in
  589  health care facilities. The standardized acuity tool must
  590  provide a method for establishing direct care registered nurse
  591  staffing requirements that exceed the required direct care
  592  registered nurse staffing levels in the hospital units or
  593  clinical units in paragraphs (a) and (b).
  594         a.The proposed standards shall be developed by a committee
  595  created by the health care facility consisting of up to 20
  596  members. At least 11 of the committee members must be registered
  597  nurses who are currently licensed and employed as direct care
  598  registered nurses, and the remaining committee members must
  599  include a sufficient number of technical or scientific experts
  600  in specialized fields who are involved in the design and
  601  development of an acuity-based patient classification system
  602  that meets the requirements of this section.
  603         b.A person who has any employment or any commercial,
  604  proprietary, financial, or other personal interest in the
  605  development, marketing, or use of a private patient
  606  classification system product or related methodology,
  607  technology, or component system is not eligible to serve on the
  608  committee. A candidate for appointment to the committee may not
  609  be confirmed as a member until the candidate files a disclosure
  610  of-interest statement with the agency, along with a signed
  611  certification of full disclosure and complete accuracy under
  612  oath, which provides all necessary information as determined by
  613  the agency to demonstrate the absence of actual or potential
  614  conflict of interest. All such filings are subject to public
  615  inspection.
  616         c.Within 1 year after the official commencement of
  617  committee operations, the committee shall provide a written
  618  report to the agency which proposes uniform standards for a
  619  valid, acuity-based patient classification system, along with a
  620  sufficient explanation and justification to allow for competent
  621  review and determination of sufficiency by the agency. The
  622  agency shall disclose the report to the public upon notice of
  623  public hearings and provide a public comment period for proposed
  624  adoption of uniform standards for an acuity-based patient
  625  classification system by the agency.
  626         10.A hospital shall adopt and implement the acuity-based
  627  patient classification system and provide staffing based on the
  628  standardized acuity tool. Any additional direct care registered
  629  nurse staffing level that exceeds the direct care registered
  630  nurse staffing levels described in paragraphs (a) and (b) shall
  631  be assigned in a manner determined by such standardized acuity
  632  tool.
  633         11.A health care facility shall submit to the agency its
  634  annually updated staffing plan and acuity-based patient
  635  classification system as required under this paragraph.
  636         (f)1.In each hospital unit or clinical unit, a health care
  637  facility shall post a notice in a form specified by agency rule
  638  which:
  639         a.Explains the requirements imposed under this subsection;
  640         b.Includes actual direct care registered nurse staffing
  641  levels during each shift at the hospital unit or clinical unit;
  642         c.Is visible, conspicuous, and accessible to staff and
  643  patients of the hospital unit or clinical unit and the public;
  644         d.Identifies staffing requirements as determined by the
  645  acuity-based patient classification system for each hospital
  646  unit or clinical unit, documented and posted in the unit for
  647  public view on a day-to-day, shift-by-shift basis;
  648         e.Documents the actual number of staff and the skill mix
  649  of such staff in each hospital unit or clinical unit, documented
  650  and posted in the unit for public view on a day-to-day, shift
  651  by-shift basis; and
  652         f.Reports the variance between the required and actual
  653  staffing patterns in each hospital unit or clinical unit,
  654  documented and posted in the unit for public view on a day-to
  655  day, shift-by-shift basis.
  656         2.a.A long-term acute care hospital shall maintain
  657  accurate records of actual staffing levels in each hospital unit
  658  or clinical unit for each shift for at least 2 years. Such
  659  records must include:
  660         (I)The number of patients in each unit;
  661         (II)The identity and duty hours of each direct care
  662  registered nurse, licensed practical nurse, licensed psychiatric
  663  technician, and certified nursing assistant assigned to each
  664  patient in the hospital unit or clinical unit for each shift;
  665  and
  666         (III)A copy of each posted notice.
  667         b.A health care facility shall make its staffing plan and
  668  acuity-based patient classification system required under
  669  paragraph (e), and all documentation related to such plan and
  670  system, available to the agency; to direct care registered
  671  nurses and their collective bargaining representatives, if any;
  672  and to the public under rules adopted by the agency.
  673         3.The agency shall conduct periodic audits to ensure
  674  implementation of the staffing plan in accordance with this
  675  subsection and to ensure the accuracy of the staffing plan and
  676  the acuity-based patient classification system required under
  677  paragraph (e).
  678         (g)A health care facility shall plan for routine
  679  fluctuations such as admissions, discharges, and transfers in
  680  the patient census. If a declared state of emergency causes a
  681  change in the number of patients in a unit, the health care
  682  facility must demonstrate that immediate and diligent efforts
  683  are made to maintain required staffing levels.
  684         (h)The following activities are prohibited:
  685         1.The direct assignment of unlicensed personnel by a
  686  health care facility to perform functions required of a direct
  687  care registered nurse in lieu of care being delivered by a
  688  licensed or registered nurse under the clinical supervision of a
  689  direct care registered nurse.
  690         2.The performance of patient care tasks by unlicensed
  691  personnel which require the clinical assessment, judgment, and
  692  skill of a licensed or registered nurse, including, but not
  693  limited to:
  694         a.Nursing activities that require nursing assessment and
  695  judgment during implementation;
  696         b.Physical, psychological, or social assessments that
  697  require nursing judgment, intervention, referral, or followup;
  698  and
  699         c.Formulation of a plan of nursing care and evaluation of
  700  a patient’s response to the care provided, including
  701  administration of medication; venipuncture or intravenous
  702  therapy; parenteral or tube feedings; invasive procedures,
  703  including inserting nasogastric tubes, inserting catheters, or
  704  tracheal suctioning; and educating a patient and the patient’s
  705  family concerning the patient’s health care problems, including
  706  postdischarge care. However, a phlebotomist, emergency room
  707  technician, or medical technician may, under the general
  708  supervision of the clinical laboratory director, or his or her
  709  designee, or a physician, perform venipunctures in accordance
  710  with written hospital policies and procedures.
  711         (4)PROFESSIONAL PRACTICE STANDARDS FOR DIRECT CARE
  712  REGISTERED NURSES WORKING IN A HEALTH CARE FACILITY.—
  713         (a)A direct care registered nurse employing scientific
  714  knowledge and experience in the physical, social, and biological
  715  sciences, and exercising independent judgment in applying the
  716  nursing process, shall directly provide:
  717         1.Continuous and ongoing assessments of the patient’s
  718  condition.
  719         2.The planning, clinical supervision, implementation, and
  720  evaluation of the nursing care provided to each patient.
  721         3.The assessment, planning, implementation, and evaluation
  722  of patient education, including the ongoing postdischarge
  723  education of each patient.
  724         4.The delivery of patient care, which must reflect all
  725  elements of the nursing process and must include assessment,
  726  nursing diagnosis, planning, intervention, evaluation, and, as
  727  circumstances require, patient advocacy, and shall be initiated
  728  by a direct care registered nurse at the time of admission.
  729         5.The nursing plan for the patient care, which shall be
  730  discussed with and developed as a result of coordination with
  731  the patient, the patient’s family or other representatives, when
  732  appropriate, and the staff of other disciplines involved in the
  733  care of the patient.
  734         6.An evaluation of the effectiveness of the care plan
  735  through assessments based on direct observation of the patient’s
  736  physical condition and behavior, signs and symptoms of illness,
  737  and reactions to treatment, and through communication with the
  738  patient and the health care team members, and modification of
  739  the plan as needed.
  740         7.Information related to the initial assessment and
  741  reassessments of the patient, nursing diagnosis, plan,
  742  intervention, evaluation, and patient advocacy, which shall be
  743  permanently recorded in the patient’s medical record as
  744  narrative direct care progress notes. The practice of charting
  745  by exception is prohibited.
  746         (b)1.A patient assessment requires direct observation of
  747  the patient’s signs and symptoms of illness, reaction to
  748  treatment, behavior and physical condition, and interpretation
  749  of information obtained from the patient and others, including
  750  the health care team members. A patient assessment requires data
  751  collection by a direct care registered nurse and the analysis,
  752  synthesis, and evaluation of such data.
  753         2.Only a direct care registered nurse may perform a
  754  patient assessment. A licensed practical nurse or licensed
  755  psychiatric technician may assist a direct care registered nurse
  756  in data collection.
  757         (c)1.A direct care registered nurse shall determine the
  758  nursing care needs of individual patients through the process of
  759  ongoing patient assessments, nursing diagnosis, formulation, and
  760  adjustment of nursing care plans.
  761         2.The prediction of individual patient nursing care needs
  762  for prospective assignment of direct care registered nurses
  763  shall be based on individual patient assessments of the direct
  764  care registered nurse assigned to each patient and in accordance
  765  with a documented acuity-based patient classification system as
  766  required in subsection (3).
  767         (d)Competent performance of the essential functions of a
  768  direct care registered nurse as provided in this section
  769  requires the exercise of independent judgment in the exclusive
  770  interests of the patient. A direct care registered nurse’s
  771  independent judgment while performing the functions described in
  772  this section shall be provided in the exclusive interests of the
  773  patient and may not, for any purpose, be considered, relied
  774  upon, or represented as a job function, authority,
  775  responsibility, or activity undertaken in any respect for the
  776  purpose of serving the business, commercial, operational, or
  777  other institutional interests of the health care facility
  778  employer.
  779         (e)1.In addition to the prohibition on assignments of
  780  patient care tasks provided in paragraph (3)(h), a direct care
  781  registered nurse may not assign tasks required to implement
  782  nursing care for a patient to other licensed nursing staff or to
  783  unlicensed staff unless the assigning direct care registered
  784  nurse:
  785         a.Determines that the personnel assigned the nursing care
  786  tasks possess the necessary training, experience, and capability
  787  to competently and safely perform such tasks; and
  788         b.Effectively supervises the clinical functions and
  789  nursing care tasks performed by the assigned personnel.
  790         2.The exercise of clinical supervision of nursing care
  791  personnel by a direct care registered nurse in the performance
  792  of the functions as provided in this subsection must be in the
  793  exclusive interests of the patient and may not, for any purpose,
  794  be considered, relied upon, or represented as a job function,
  795  authority, responsibility, or activity undertaken in any respect
  796  for the purpose of serving the business, commercial,
  797  operational, or other institutional interests of the health care
  798  facility employer, but constitutes the exercise of professional
  799  nursing authority and duty in the exclusive interests of the
  800  patient.
  801         (f)A health care facility may not deploy technology that
  802  limits the direct care provided by a direct care registered
  803  nurse in the performance of functions that are part of the
  804  nursing process, including the full exercise of independent
  805  professional judgment in the assessment, planning,
  806  implementation, and evaluation of care, or that limits a direct
  807  care registered nurse from acting as a patient advocate in the
  808  exclusive interests of the patient. Technology may not be skill
  809  degrading, interfere with the direct care registered nurse’s
  810  provision of individualized patient care, or override the direct
  811  care registered nurse’s independent professional judgment.
  812         (g)This subsection applies only to direct care registered
  813  nurses employed by or providing care in a health care facility.
  814         (5)DIRECT CARE REGISTERED NURSE’S DUTY AND RIGHT OF
  815  PATIENT ADVOCACY.—
  816         (a)A direct care registered nurse has a duty and right to
  817  act and provide care in the exclusive interests of the patient
  818  and to act as the patient’s advocate.
  819         (b)A direct care registered nurse shall always provide
  820  competent, safe, therapeutic, and effective nursing care to an
  821  assigned patient.
  822         1.Before accepting a patient assignment, a direct care
  823  registered nurse must have the necessary knowledge, judgment,
  824  skills, and ability to provide the required care. It is the
  825  responsibility of the direct care registered nurse to determine
  826  whether he or she is clinically competent to perform the nursing
  827  care required by a patient who is in a particular clinical unit
  828  or who has a particular diagnosis, condition, prognosis, or
  829  other determinative characteristic of nursing care, and whether
  830  acceptance of a patient assignment would expose the patient to
  831  the risk of harm.
  832         2.If the direct care registered nurse is not competent to
  833  perform the care required for a patient assigned for nursing
  834  care or if the assignment would expose the patient to risk of
  835  harm, the direct care registered nurse may not accept the
  836  patient care assignment. Such refusal to accept a patient care
  837  assignment is an exercise of the direct care registered nurse’s
  838  duty and right of patient advocacy.
  839         (c)A direct care registered nurse may refuse to accept an
  840  assignment as a nurse in a health care facility if:
  841         1.The assignment would violate chapter 464 or rules
  842  adopted thereunder;
  843         2.The assignment would violate subsection (3), subsection
  844  (4), or this subsection; or
  845         3.The direct care registered nurse is not prepared by
  846  education, training, or experience to fulfill the assignment
  847  without compromising the safety of a patient or jeopardizing the
  848  license of the direct care registered nurse.
  849         (d)A direct care registered nurse may refuse to perform an
  850  assigned task as a nurse in a health care facility if:
  851         1.The assigned task would violate chapter 464 or rules
  852  adopted thereunder;
  853         2.The assigned task is outside the scope of practice of
  854  the direct care registered nurse; or
  855         3.The direct care registered nurse is not prepared by
  856  education, training, or experience to fulfill the assigned task
  857  without compromising the safety of a patient or jeopardizing the
  858  license of the direct care registered nurse.
  859         (e)In the course of performing the responsibilities and
  860  essential functions described in subsection (4), the direct care
  861  registered nurse assigned to a patient shall receive orders
  862  initiated by physicians and other legally authorized health care
  863  professionals within their scope of licensure regarding patient
  864  care services to be provided to the patient, including, but not
  865  limited to, the administration of medications and therapeutic
  866  agents that are necessary to implement a treatment, a
  867  rehabilitative regimen, or disease prevention.
  868         1.The direct care registered nurse shall assess each such
  869  order before implementation to determine if the order is:
  870         a.In the exclusive interests of the patient;
  871         b.Initiated by a person legally authorized to issue the
  872  order; and
  873         c.Issued in accordance with the applicable laws and rules
  874  governing nursing care.
  875         2.If the direct care registered nurse determines that the
  876  criteria provided in subparagraph 1. have not been satisfied
  877  with respect to a particular order or if the direct care
  878  registered nurse has some doubt regarding the meaning or
  879  conformance of the order with such criteria, he or she shall
  880  seek clarification from the initiator of the order, the
  881  patient’s physician, or another appropriate medical officer
  882  before implementing the order.
  883         3.If, upon clarification, the direct care registered nurse
  884  determines that the criteria for implementation of an order
  885  provided in subparagraph 1. have not been satisfied, the direct
  886  care registered nurse may refuse implementation on the basis
  887  that the order is not in the exclusive interests of the patient.
  888  Seeking clarification of an order or refusing an order as
  889  described in this subparagraph is an exercise of the direct care
  890  registered nurse’s duty and right of patient advocacy.
  891         (f)A direct care registered nurse shall, as circumstances
  892  require, initiate action to improve the patient’s health care or
  893  to change a decision or activity that, in the professional
  894  judgment of the direct care registered nurse, is against the
  895  exclusive interests or desires of the patient or shall give the
  896  patient the opportunity to make informed decisions about the
  897  health care before it is provided.
  898         (6)FREE SPEECH; PATIENT PROTECTION.—
  899         (a)A health care facility may not:
  900         1.Discharge, discriminate against, or retaliate against in
  901  any manner with respect to any aspect of employment, including
  902  discharge, promotion, compensation, or terms, conditions, or
  903  privileges of employment, a direct care registered nurse based
  904  on the direct care registered nurse’s refusal to accept an
  905  assignment pursuant to paragraph (5)(c) or an assigned task
  906  pursuant to paragraph (5)(d).
  907         2.File a complaint or a report against a direct care
  908  registered nurse with the Board of Nursing or the agency because
  909  of the direct care registered nurse’s refusal of an assignment
  910  pursuant to paragraph (5)(c) or an assigned task pursuant to
  911  paragraph (5)(d).
  912         (b)A direct care registered nurse who has been discharged,
  913  discriminated against, or retaliated against in violation of
  914  subparagraph (a)1. or against whom a complaint or a report has
  915  been filed in violation of subparagraph (a)2. may bring a cause
  916  of action in a court of competent jurisdiction. A direct care
  917  registered nurse who prevails in the cause of action is entitled
  918  to one or more of the following:
  919         1.Reinstatement.
  920         2.Reimbursement of lost wages, compensation, and benefits.
  921         3.Attorney fees.
  922         4.Court costs.
  923         5.Other damages.
  924         (c)A direct care registered nurse, a patient, or any other
  925  individual may file a complaint with the agency against a health
  926  care facility that violates this section. For any complaint
  927  filed, the agency shall:
  928         1.Receive and investigate the complaint;
  929         2.Determine whether a violation of this section as alleged
  930  in the complaint has occurred; and
  931         3.If such a violation has occurred, issue an order
  932  prohibiting the health care facility from subjecting the
  933  complaining direct care registered nurse, the patient, or the
  934  other individual to any retaliation described in paragraph (a).
  935         (d)1.A health care facility may not discriminate or
  936  retaliate in any manner against any patient, employee, or
  937  contract employee of the facility, or any other individual, on
  938  the basis that such individual, in good faith, individually or
  939  in conjunction with another person or persons, has presented a
  940  grievance or complaint; initiated or cooperated in an
  941  investigation or proceeding by a governmental entity, regulatory
  942  agency, or private accreditation body; made a civil claim or
  943  demand; or filed an action relating to the care, services, or
  944  conditions of the health care facility or of any affiliated or
  945  related facilities.
  946         2.For purposes of this paragraph, an individual is deemed
  947  to be acting in good faith if the individual reasonably believes
  948  that the information reported or disclosed is true.
  949         (e)1.A health care facility may not:
  950         a.Interfere with, restrain, or deny the exercise of, or
  951  the attempt to exercise, any right provided or protected under
  952  this section; or
  953         b.Coerce or intimidate any person regarding the exercise
  954  of, or the attempt to exercise, such right.
  955         2.A health care facility may not discriminate or retaliate
  956  against any person for opposing any facility policy, practice,
  957  or action that is alleged to violate, breach, or fail to comply
  958  with this section.
  959         3.A health care facility, or an individual representing a
  960  health care facility, may not make, adopt, or enforce any rule,
  961  regulation, policy, or practice that in any manner directly or
  962  indirectly prohibits, impedes, or discourages a direct care
  963  registered nurse from engaging in free speech or disclosing
  964  information as provided under this section.
  965         4.A health care facility, or an individual representing a
  966  health care facility, may not in any way interfere with the
  967  rights of direct care registered nurses to organize, bargain
  968  collectively, and engage in concerted activity under s. 7 of the
  969  National Labor Relations Act.
  970         5.A health care facility shall post in an appropriate
  971  location in each hospital unit or clinical unit a notice in a
  972  form specified by the agency which:
  973         a.Explains the rights of nurses, patients, and other
  974  individuals under this subsection;
  975         b.Includes a statement that a nurse, patient, or other
  976  individual may file a complaint with the agency against a health
  977  care facility that violates this subsection; and
  978         c.Provides instructions on how to file a complaint.
  979         (f)1.The agency shall establish a toll-free telephone
  980  hotline to provide information regarding the requirements of
  981  this section and to receive reports of violations of this
  982  section.
  983         2.A health care facility shall provide each patient
  984  admitted to the facility for inpatient care with the toll-free
  985  telephone hotline described in subparagraph 1. and shall give
  986  notice to each patient that the hotline may be used to report
  987  inadequate staffing or care.
  988         (7)ENFORCEMENT.—
  989         (a)In addition to any other penalty prescribed by law, the
  990  agency may impose civil penalties as follows:
  991         1.Against a health care facility that violates this
  992  section, a civil penalty of up to $25,000 for each violation,
  993  except that the agency shall impose a civil penalty of at least
  994  $25,000 for each violation if the agency determines that the
  995  health care facility has a pattern of such violation.
  996         2.Against an individual who is employed by a health care
  997  facility who violates this section, a civil penalty of up to
  998  $20,000 for each violation.
  999         (b)The agency shall post on its website the names of
 1000  health care facilities against which civil penalties have been
 1001  imposed under this subsection and such additional information as
 1002  the agency deems necessary.
 1003         Section 3. This act shall take effect July 1, 2020.