Florida Senate - 2025 SB 332 By Senator Garcia 36-00867-25 2025332__ 1 A bill to be entitled 2 An act relating to patient protection; providing a 3 short title; creating s. 395.1013, F.S.; providing 4 legislative findings; defining terms; requiring health 5 care facilities to implement staffing plans that 6 comply with specified minimum staffing levels for 7 direct care registered nurses; providing construction; 8 prohibiting health care facilities from taking 9 specified actions; requiring such facilities to ensure 10 that certain staffing is maintained; specifying 11 minimum staffing levels for direct care registered 12 nurses based on the hospital or clinical unit setting; 13 requiring that patients be cared for only in hospital 14 or clinical units that meet the specified minimum 15 staffing levels; prohibiting health care facilities 16 from using video cameras or monitors as a substitute 17 for direct observation and assessment by a direct care 18 registered nurse; exempting health care facilities 19 from the minimum staffing level requirements during a 20 declared state of emergency under certain 21 circumstances; providing requirements for any acuity 22 based patient classification system adopted by a 23 health care facility; providing whistle-blower 24 protections; creating a cause of action; providing 25 remedies; providing for complaints to and 26 administrative actions by the Agency for Health Care 27 Administration; prohibiting health care facilities 28 from discriminating or retaliating against persons 29 who, in good faith, initiate, file, or cooperate in an 30 administrative or civil action against the facility; 31 providing construction; providing civil penalties; 32 requiring the agency to post specified information on 33 its website; providing construction with respect to 34 collective bargaining agreements; prohibiting 35 employers from taking specified actions with respect 36 to employment for certain unionized staff; providing 37 an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. This act may be cited as the “Florida Patient 42 Protection Act.” 43 Section 2. Section 395.1013, Florida Statutes, is created 44 to read: 45 395.1013 Health care facility patient care standards.— 46 (1) LEGISLATIVE FINDINGS.—The Legislature finds that: 47 (a) The state has a substantial interest in ensuring that, 48 in the delivery of health care services to patients, health care 49 facilities retain sufficient nursing staff to promote optimal 50 health care outcomes. 51 (b) The basic principles of staffing in health care 52 facility settings should be based on the health care needs of 53 the individual patient, the severity of the patient’s condition, 54 the services needed, and the complexity of providing those 55 services. 56 (c) Mandating the adoption of uniform, minimum, numerical, 57 and specific registered nurse-to-patient staffing ratios by 58 health care facilities is necessary for competent, safe, 59 therapeutic, and effective professional nursing care and for the 60 retention and recruitment of qualified direct care registered 61 nurses. 62 (d) Direct care registered nurses must be able to advocate 63 for their patients without fear of retaliation from their 64 employers. Whistle-blower protections that encourage registered 65 nurses and patients to notify governmental and private 66 accreditation entities of suspected unsafe patient conditions, 67 including protection against retaliation for refusing unsafe 68 patient care assignments, will greatly enhance the health, 69 safety, and welfare of patients. 70 (e) Direct care registered nurses have an irrevocable duty 71 and right to advocate on behalf of their patients’ interests, 72 and this duty and right may not be encumbered by cost-saving 73 practices. 74 (2) DEFINITIONS.—As used in this section, the term: 75 (a) “Acuity-based patient classification system” or 76 “patient classification system” means an established measurement 77 tool that: 78 1. Predicts registered nursing care requirements for 79 individual patients based on the severity of a patient’s 80 illness; the need for specialized equipment and technology; the 81 intensity of required nursing interventions; the complexity of 82 clinical nursing judgment required to design, implement, and 83 evaluate the patient nursing care plan consistent with 84 professional standards; the ability for self-care, including 85 motor, sensory, and cognitive deficits; and the need for 86 advocacy intervention; 87 2. Details the amount of nursing care needed and the 88 additional number of direct care registered nurses and other 89 licensed and unlicensed nursing staff that a health care 90 facility must assign, based on the independent professional 91 judgment of a direct care registered nurse, in order to meet the 92 needs of individual patients at all times; and 93 3. Can be readily understood and used by direct care 94 nursing staff. 95 (b) “Ancillary support staff” means the personnel assigned 96 to assist in providing nursing services for the delivery of 97 safe, therapeutic, and effective patient care, including unit or 98 ward clerks and secretaries, clinical technicians, respiratory 99 therapists, and radiology, laboratory, housekeeping, and dietary 100 personnel. 101 (c) “Clinical supervision” means the assignment and 102 direction of a patient care task required in the implementation 103 of nursing care for a patient to other licensed nursing staff or 104 to unlicensed staff by a direct care registered nurse in the 105 exclusive interest of the patient. 106 (d) “Competence” means the ability of a direct care 107 registered nurse to act and integrate the knowledge, skill, 108 abilities, and independent professional judgment that underpin 109 safe, therapeutic, and effective patient care. 110 (e) “Declared state of emergency” means an officially 111 designated state of emergency that has been declared by a 112 federal, state, or local government official who has the 113 authority to declare the state of emergency. The term does not 114 include a state of emergency that results from a labor dispute 115 in the health care industry. 116 (f) “Direct care registered nurse” means a licensed 117 registered nurse whose competence has been documented and who 118 has accepted a direct, hands-on patient care assignment to 119 implement medical and nursing regimens and provide related 120 clinical supervision of patient care while exercising 121 independent professional judgment at all times in the exclusive 122 interest of the patient. 123 (g) “Health care facility” means an acute care hospital, 124 including a long-term acute care hospital, a hospital-based off 125 campus emergency department, an ambulatory surgical center, or a 126 psychiatric facility licensed under chapter 394. 127 (h) “Hospital unit” or “clinical unit” means a critical 128 care unit or intensive care unit, labor and delivery room, 129 antepartum and postpartum unit, newborn nursery, postanesthesia 130 unit, emergency department, operating room, observation unit, 131 pediatric unit, medical-surgical unit, rehabilitation unit, 132 skilled nursing unit, specialty care unit, step-down unit or 133 intermediate intensive care unit, telemetry unit, or psychiatric 134 unit. 135 1. “Critical care unit” or “intensive care unit” means a 136 nursing unit established to safeguard and protect a patient 137 whose severity of medical condition requires continuous 138 monitoring and complex intervention by a direct care registered 139 nurse and whose restorative measures and level of nursing 140 intensity require intensive care through direct observation and 141 complex monitoring, intensive intricate assessment, evaluation, 142 specialized rapid intervention, and education or teaching of the 143 patient, the patient’s family, or other representatives by a 144 direct care registered nurse. The term includes a burn unit, a 145 coronary care unit, an acute respiratory unit, and other 146 critical care settings. 147 2. “Medical-surgical unit” means a unit established to 148 safeguard and protect a patient whose severity of illness, 149 including all co-occurring morbidities, restorative measures, 150 and level of required nursing intensity, requires continuous 151 care through direct observation by a direct care registered 152 nurse and monitoring, multiple assessments, specialized 153 interventions, evaluations, and education or teaching of the 154 patient, the patient’s family, or other representatives by a 155 competent and experienced direct care registered nurse. These 156 units may include patients requiring less than intensive care or 157 step-down care; patients receiving 24-hour inpatient general 158 medical care, postsurgical care, or both general medical and 159 postsurgical care; and mixed populations of patients of diverse 160 diagnoses and diverse age groups, but excluding pediatric 161 patients. 162 3. “Rehabilitation unit” means a functional clinical unit 163 established to provide rehabilitation services that restore an 164 ill or injured patient to the highest level of self-sufficiency 165 or gainful employment of which he or she is capable in the 166 shortest possible time, compatible with his or her physical, 167 intellectual, and emotional or psychological capabilities, and 168 in accordance with planned goals and objectives. 169 4. “Skilled nursing unit” means a functional clinical unit 170 established to provide skilled nursing care and supportive care 171 to patients whose primary need is for skilled nursing care on a 172 long-term basis and who are admitted after at least a 48-hour 173 period of continuous inpatient care. The term includes, but is 174 not limited to, a unit established to provide medical, nursing, 175 dietary, and pharmaceutical services and activity programs. 176 5. “Specialty care unit” means a unit established to 177 safeguard and protect a patient whose severity of illness, 178 including all co-occurring morbidities, restorative measures, 179 and level of required nursing intensity, requires direct 180 observation by a direct care registered nurse and monitoring, 181 multiple assessments, specialized interventions, evaluations, 182 and education or teaching of the patient, the patient’s family, 183 or other representatives by a competent and experienced direct 184 care registered nurse. The term includes, but is not limited to, 185 a unit, such as a transplant unit, established to provide the 186 intensity of care required for a specific medical condition or a 187 specific patient population or to provide more comprehensive 188 care for a specific condition or disease than the care required 189 in a medical-surgical unit. 190 6. “Step-down unit” or “intermediate intensive care unit” 191 means a unit established to safeguard and protect a patient 192 whose severity of illness, including all co-occurring 193 morbidities, restorative measures, and level of required nursing 194 intensity, requires intermediate intensive care through direct 195 observation and monitoring, multiple assessments, specialized 196 interventions, evaluations, and education or teaching of the 197 patient, the patient’s family, or other representatives by a 198 direct care registered nurse. The term includes units 199 established to provide care to patients who have moderate or 200 potentially severe physiological instability requiring technical 201 support, which means the use of specialized equipment by a 202 direct care registered nurse in providing for invasive 203 monitoring, telemetry, and mechanical ventilation for the 204 immediate amelioration or remediation of severe pathology for a 205 patient requiring less care than intensive care but more care 206 than that provided in a medical-surgical unit. 207 7. “Telemetry unit” means a unit established to safeguard 208 and protect a patient whose severity of illness, including all 209 co-occurring morbidities, restorative measures, and level of 210 nursing intensity, requires intermediate intensive care through 211 direct observation by a direct care registered nurse and 212 monitoring, multiple assessments, specialized interventions, 213 evaluations, and education or teaching of the patient, the 214 patient’s family, or other representatives by a competent and 215 experienced direct care registered nurse. A telemetry unit 216 includes the equipment used to provide for the electronic 217 monitoring, recording, retrieval, and display of cardiac 218 electrical signals. 219 (i) “Long-term acute care hospital” means a hospital or 220 health care facility that specializes in providing long-term 221 acute care for medically complex patients. The term includes a 222 freestanding hospital and a hospital-within-hospital model of a 223 long-term acute care facility. 224 (j) “Overtime” means the hours worked in excess of 40 hours 225 per week. 226 (k) “Patient assessment” means the process of actively and 227 skillfully interpreting, applying, analyzing, synthesizing, or 228 evaluating data obtained through direct observation and 229 communication with others. 230 (l) “Professional judgment” means the intellectual, 231 educated, informed, and experienced process that a direct care 232 registered nurse exercises in forming an opinion and reaching a 233 clinical decision that is in the patient’s best interest and is 234 based upon analysis of data, information, and scientific 235 evidence. 236 (3) MINIMUM DIRECT CARE REGISTERED NURSE STAFFING LEVEL 237 REQUIREMENTS.— 238 (a) Each health care facility shall implement a staffing 239 plan that provides for minimum direct care registered nurse 240 staffing levels in accordance with the requirements of this 241 subsection. 242 (b) Staffing levels for patient care tasks that do not 243 require a direct care registered nurse are not included within 244 these ratios and must be determined pursuant to an acuity-based 245 patient classification system defined by agency rule. 246 (c) The direct care registered nurse staffing levels 247 represent the maximum number of patients that may be assigned to 248 one direct care registered nurse at any one time. 249 (d) A health care facility: 250 1. May not average the number of patients and the total 251 number of direct care registered nurses assigned to patients in 252 a hospital unit or clinical unit during any period of time for 253 purposes of meeting the requirements under this subsection. 254 2. May not impose mandatory overtime in order to meet the 255 minimum direct care registered nurse staffing levels in a 256 hospital unit or clinical unit which are required under this 257 subsection. 258 3. May not terminate employment of or refuse to fill 259 vacancies for licensed practical nurses, licensed psychiatric 260 technicians, certified nursing assistants, or other ancillary 261 support staff in order to meet the direct care registered nurse 262 staffing levels in a hospital unit or clinical unit which are 263 required under this subsection. 264 4. Shall ensure that only a direct care registered nurse 265 may relieve another direct care registered nurse during breaks, 266 meals, and routine absences from a hospital unit or clinical 267 unit. 268 (e) Only a direct care registered nurse may be assigned to 269 an intensive care newborn nursery service unit. Such units must 270 have a direct care registered nurse staffing level of one nurse 271 to two or fewer infants at all times. 272 (f) Only a direct care registered nurse may be assigned to 273 a triage patient, and only a direct care registered nurse may be 274 assigned to a critical care patient in the emergency department. 275 1. The direct care registered nurse staffing level for 276 triage patients or critical care patients in the emergency 277 department must be one nurse to two or fewer patients at all 278 times. 279 2. At least two direct care registered nurses must be 280 physically present in the emergency department when a patient is 281 present. 282 3. Registered nurses providing triage, telehealth, private 283 duty, rapid response, or flight services do not count in the 284 calculation of direct care registered nurse staffing levels in 285 the emergency department. 286 4. Triage registered nurses may not be assigned the 287 responsibility of the base radio for the emergency department. 288 (g) Only direct care registered nurses may be assigned to a 289 labor and delivery unit. 290 1. The direct care registered nurse staffing level must be 291 one nurse to one active labor patient or to one patient having 292 medical or obstetrical complications during the initiation of 293 epidural anesthesia and during circulation for a caesarean 294 section delivery. 295 2. The direct care registered nurse staffing level for 296 antepartum patients who are not in active labor must be one 297 nurse to three or fewer patients at all times. 298 3. In the event of a caesarean section delivery, the direct 299 care registered nurse staffing level must be one nurse to two or 300 fewer mother-plus-infant couplets. 301 4. In the event of multiple births, the direct care 302 registered nurse staffing level must be one nurse to three or 303 fewer mother-plus-infant couplets. 304 5. The direct care registered nurse staffing level for 305 postpartum areas in which the direct care registered nurse’s 306 assignment only consists of mothers must be one nurse to four or 307 fewer patients at all times. 308 6. The direct care registered nurse staffing level for 309 postpartum patients or postsurgical gynecological patients must 310 be one nurse to four or fewer patients at all times. 311 7. The direct care registered nurse staffing level for the 312 well-baby nursery must be one nurse to five or fewer patients at 313 all times. 314 8. The direct care registered nurse staffing level for 315 unstable newborns and newborns in the resuscitation period, as 316 assessed by a direct care registered nurse, must be at least one 317 nurse to one patient at all times. 318 9. The direct care registered nurse staffing level for 319 newborn infants not otherwise described in this paragraph must 320 be one nurse to four or fewer patients at all times. 321 (h) The direct care registered nurse staffing level for 322 patients receiving conscious sedation must be at least one nurse 323 to one patient at all times. 324 (i) A health care facility’s staffing plan must provide 325 that, at all times during each shift within a unit of the 326 facility, a direct care registered nurse is assigned to no more 327 than: 328 1. One patient in a trauma emergency unit. 329 2. One patient in an operating room unit. The operating 330 room must have at least one direct care registered nurse 331 assigned to the duties of the circulating registered nurse and a 332 minimum of one additional person as a scrub assistant for each 333 patient-occupied operating room. 334 3. Two patients in a critical care unit, including neonatal 335 intensive care units, emergency critical care units, and 336 intensive care units; labor and delivery units; coronary care 337 units; acute respiratory care units; postanesthesia units, 338 regardless of the type of anesthesia received; and postpartum 339 units, so that the direct care registered nurse staffing level 340 is one nurse to two or fewer patients at all times. 341 4. Four patients in an emergency room unit, pediatrics 342 unit, telemetry unit, oncology unit, or combined labor, 343 delivery, and postpartum unit, so that the direct care 344 registered nurse staffing level is one nurse to four or fewer 345 patients at all times. 346 5. Three patients in a step-down unit or intermediate 347 intensive care unit so that the direct care registered nurse 348 staffing level is one nurse to three or fewer patients at all 349 times. 350 6. Four patients in a medical-surgical unit, antepartum 351 unit, intermediate care nursery unit, psychiatric unit, or 352 presurgical or other specialty care unit, so that the direct 353 care registered nurse staffing level is one nurse to four or 354 fewer patients at all times. 355 7. Five patients in a rehabilitation unit and skilled 356 nursing unit, so that the direct care registered nurse staffing 357 level is one nurse to five or fewer patients at all times. 358 (j) Identifying a hospital unit or clinical unit by a name 359 or term does not affect the requirement of direct care 360 registered nurse staffing level identified for the level of 361 intensity or type of care. 362 (k) Patients must be cared for only in hospital units or 363 clinical units in which the level of nursing intensity, type of 364 care, and direct care registered nurse staffing levels meet the 365 individual requirements and needs of each patient. 366 (l) A health care facility may not use a video camera or 367 monitor or any form of electronic visualization of a patient to 368 substitute for the direct observation required for patient 369 assessment by the direct care registered nurse or for patient 370 protection requiring an in-person attendant. 371 (m) The requirements established under this subsection do 372 not apply during a declared state of emergency if a health care 373 facility is requested or expected to provide an exceptional 374 level of emergency or other medical services. 375 (n) Any acuity-based patient classification system adopted 376 by a health care facility under this subsection must be 377 transparent in all respects, including disclosure of detailed 378 documentation of the methodology used to predict nursing 379 staffing; an identification of each factor, assumption, and 380 value used in applying such methodology; an explanation of the 381 scientific and empirical basis for each such assumption and 382 value; and certification by a knowledgeable and authorized 383 representative of the health care facility that the disclosures 384 regarding methods used for testing and validating the accuracy 385 and reliability of the system are true and complete. 386 (4) WHISTLE-BLOWER PROTECTIONS.— 387 (a) A health care facility may not: 388 1. Discharge, discriminate against, or retaliate against in 389 any manner, with respect to any aspect of employment, including 390 discharge, promotion, compensation, or terms, conditions, or 391 privileges of employment, a direct care registered nurse based 392 on the nurse’s refusal of a work assignment pursuant to this 393 section. 394 2. File a complaint or a report against a direct care 395 registered nurse with the Board of Nursing or the agency because 396 of the nurse’s refusal of a work assignment pursuant to this 397 section. 398 (b) A direct care registered nurse who has been discharged, 399 disciplined, discriminated against, or retaliated against in 400 violation of this section or against whom a complaint or a 401 report has been filed in violation of this section may bring a 402 cause of action in a state court and does not need to exhaust 403 any other cause of action to do so. A direct care registered 404 nurse who prevails in the cause of action is entitled to the 405 following: 406 1. Reinstatement. 407 2. Reimbursement of lost wages, compensation, and benefits. 408 3. Attorney fees. 409 4. Court costs. 410 5. Other damages. 411 (c) A direct care registered nurse, patient, or other 412 individual may file a complaint with the agency against a health 413 care facility that violates this section. For any complaint 414 filed, the agency shall: 415 1. Receive and investigate the complaint; 416 2. Determine whether a violation of this section as alleged 417 in the complaint has occurred; and 418 3. If such a violation has occurred, issue an order that 419 the complaining nurse, patient, or other individual not suffer 420 any retaliation. 421 (d) A health care facility may not discriminate or 422 retaliate in any manner against any patient, employee, or 423 contract employee of the facility, or any other individual, on 424 the basis that such individual, in good faith, individually or 425 in conjunction with another person or persons, has presented a 426 grievance or complaint; initiated or cooperated in an 427 investigation or proceeding by a governmental entity, regulatory 428 agency, or private accreditation body; made a civil claim or 429 demand; or filed an action relating to the care, services, or 430 conditions of the health care facility or of any affiliated or 431 related facilities. For purposes of this paragraph, an 432 individual is deemed to be acting in good faith if the 433 individual reasonably believes the information reported or 434 disclosed is true and that a violation of this section has 435 occurred or may occur. 436 (5) ENFORCEMENT.— 437 (a) In addition to any other penalties prescribed by law, 438 the agency may impose a civil penalty of up to $25,000 for each 439 violation of this section; however, the agency shall impose a 440 civil penalty of at least $25,000 for each such violation if the 441 agency determines that the health care facility has a pattern of 442 practice of such violation. 443 (b) The agency shall post on its website the names of 444 health care facilities against which civil penalties have been 445 imposed under this subsection and any other information the 446 agency deems necessary. 447 (6) COLLECTIVE BARGAINING AGREEMENTS.—If any provision of 448 this section is in conflict with any collective bargaining 449 agreement applying to employees covered by this section, the 450 terms and conditions of that collective bargaining agreement 451 prevail over this section, except when this section provides for 452 a lower ratio of patients to employee staffing. An employer may 453 not impose upon any unionized nursing staff or other unionized 454 staff any changes in wages, hours, or other terms and conditions 455 of employment pursuant to this section. 456 Section 3. This act shall take effect January 1, 2026.