Florida Senate - 2019                                     SB 644
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-01613-19                                            2019644__
    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 certain other 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; providing
   36         requirements for the committee members who are
   37         appointed to develop the uniform standards; requiring
   38         health care facilities to annually report certain
   39         information to the agency and to post a notice
   40         containing such information in each unit of the
   41         facility; providing recordkeeping requirements;
   42         prohibiting a health care facility from assigning
   43         unlicensed personnel to perform functions or tasks
   44         that should be performed by a licensed or registered
   45         nurse; specifying those actions that constitute
   46         professional practice by a direct care registered
   47         nurse; requiring that a patient assessment be
   48         performed only by a direct care registered nurse;
   49         authorizing a direct care registered nurse to assign
   50         certain specified activities to other licensed or
   51         unlicensed nursing staff under certain circumstances;
   52         prohibiting a health care facility from deploying
   53         technology that limits certain care provided by a
   54         direct care registered nurse; providing applicability;
   55         providing that it is a duty and right of a direct care
   56         registered nurse to act as the patient’s advocate and
   57         providing requirements relating thereto; prohibiting a
   58         direct care registered nurse from accepting an
   59         assignment under specified circumstances; authorizing
   60         a direct care registered nurse to refuse to accept an
   61         assignment or to perform a task under certain
   62         circumstances; requiring a direct care registered
   63         nurse to initiate action or to change a decision or an
   64         activity relating to a patient’s health care under
   65         certain circumstances; prohibiting a health care
   66         facility from discharging, or from discriminating,
   67         retaliating, or filing a complaint or report against,
   68         a direct care registered nurse based on such refusal;
   69         providing that a direct care registered nurse has a
   70         right of action against a health care facility that
   71         violates certain provisions; requiring that the agency
   72         establish a toll-free telephone hotline to provide
   73         certain information and to receive reports of certain
   74         violations; requiring that certain information be
   75         provided to each patient who is admitted to a health
   76         care facility; prohibiting a health care facility from
   77         engaging in certain actions; prohibiting a health care
   78         facility from interfering with the right of direct
   79         care registered nurses to organize, bargain
   80         collectively, and engage in concerted activity under a
   81         federal act; authorizing the agency to impose fines
   82         for violations; requiring that the agency post on its
   83         website information regarding health care facilities
   84         on which civil penalties have been imposed; providing
   85         an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Short title.—This act may be cited as the
   90  “Florida Hospital Patient Protection Act.”
   91         Section 2. Section 395.1014, Florida Statutes, is created
   92  to read:
   93         395.1014Health care facility patient care standards.—
   94         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
   95         (a)The state has a substantial interest in ensuring that,
   96  in the delivery of health care services to patients, health care
   97  facilities retain sufficient nursing staff to promote optimal
   98  health care outcomes.
   99         (b)Health care services are becoming more complex and it
  100  is increasingly difficult for patients to access integrated
  101  services. Competent, safe, therapeutic, and effective patient
  102  care is jeopardized because of staffing changes implemented in
  103  response to market-driven managed care. To ensure effective
  104  protection of patients in acute care settings, it is essential
  105  that qualified direct care registered nurses be accessible and
  106  available to meet the individual needs of the patient at all
  107  times. Also, to ensure the health and welfare of residents and
  108  to ensure that hospital nursing care is provided in the
  109  exclusive interests of patients, mandatory practice standards
  110  and professional practice protections for professional direct
  111  care registered nursing staff must be established. Direct care
  112  registered nurses have a duty to care for assigned patients and
  113  a necessary duty of individual and collective patient advocacy
  114  to satisfy professional obligations.
  115         (c)The basic principles of staffing in hospital settings
  116  should be based on the care needs of the individual patient, the
  117  severity of the patient’s condition, the services needed, and
  118  the complexity surrounding those services. Current unsafe
  119  practices by hospital direct care registered nursing staff have
  120  resulted in adverse patient outcomes. Mandating the adoption of
  121  uniform, minimum, numerical, and specific direct care registered
  122  nurse-to-patient staffing ratios by licensed hospital facilities
  123  is necessary for competent, safe, therapeutic, and effective
  124  professional nursing care and for the retention and recruitment
  125  of qualified direct care registered nurses.
  126         (d)Direct care registered nurses must be able to advocate
  127  for their patients without fear of retaliation from their
  128  employers. Whistle-blower protections that encourage direct care
  129  registered nurses and patients to notify governmental and
  130  private accreditation entities of suspected unsafe patient
  131  conditions, including protection against retaliation for
  132  refusing unsafe patient care assignments, will greatly enhance
  133  the health, safety, and welfare of patients.
  134         (e)Direct care registered nurses have an irrevocable duty
  135  and right to advocate on behalf of their patients’ interests,
  136  and this duty and right may not be encumbered by cost-saving
  137  practices.
  138         (2)DEFINITIONS.—As used in this section, the term:
  139         (a)“Acuity-based patient classification system” or
  140  “patient classification system” means an established measurement
  141  tool that:
  142         1.Predicts registered nursing care requirements for
  143  individual patients based on the severity of a patient’s
  144  illness; the need for specialized equipment and technology; the
  145  intensity of required nursing interventions; the complexity of
  146  clinical nursing judgment required to design, implement, and
  147  evaluate the patient nursing care plan consistent with
  148  professional standards; the ability for self-care, including
  149  motor, sensory, and cognitive deficits; and the need for
  150  advocacy intervention;
  151         2.Details the amount of nursing care needed and the
  152  additional number of direct care registered nurses and other
  153  licensed and unlicensed nursing staff that the hospital must
  154  assign, based on the independent professional judgment of a
  155  direct care registered nurse, to meet the needs of individual
  156  patients at all times; and
  157         3.Can be readily understood and used by direct care
  158  nursing staff.
  159         (b)“Ancillary support staff” means the personnel assigned
  160  to assist in providing nursing services for the delivery of
  161  safe, therapeutic, and effective patient care, including unit or
  162  ward clerks and secretaries; clinical technicians; respiratory
  163  therapists; and radiology, laboratory, housekeeping, and dietary
  164  personnel.
  165         (c)“Clinical supervision” means the assignment and
  166  direction of a patient care task required in the implementation
  167  of nursing care for a patient to other licensed nursing staff or
  168  to unlicensed staff by a direct care registered nurse in the
  169  exclusive interests of the patient.
  170         (d)“Competence” means the ability of a direct care
  171  registered nurse to act and integrate the knowledge, skills,
  172  abilities, and independent professional judgment that underpin
  173  safe, therapeutic, and effective patient care.
  174         (e)“Declared state of emergency” means an officially
  175  designated state of emergency that has been declared by a
  176  federal, state, or local government official who has the
  177  authority to declare the state of emergency. The term does not
  178  include a state of emergency that results from a labor dispute
  179  in the health care industry.
  180         (f)“Direct care registered nurse” means a registered nurse
  181  or licensed practical nurse, as defined in s. 464.003:
  182         1.Who is licensed by the Board of Nursing to engage in the
  183  practice of professional nursing or the practice of practical
  184  nursing, as defined in s. 464.003;
  185         2.Whose competence has been documented; and
  186         3.Who has accepted a direct, hands-on patient care
  187  assignment to implement medical and nursing regimens and provide
  188  related clinical supervision of patient care while exercising
  189  independent professional judgment at all times in the exclusive
  190  interests of the patient.
  191         (g)“Health care facility unit” means an acute care
  192  hospital; an emergency care, ambulatory, or outpatient surgery
  193  facility licensed under this chapter; or a psychiatric facility
  194  licensed under chapter 394.
  195         (h)“Hospital unit” or “clinical unit” means an acuity
  196  adjustable unit, critical care unit or intensive care unit,
  197  labor and delivery unit, antepartum and postpartum unit, newborn
  198  nursery, postanesthesia unit, emergency department, operating
  199  room, pediatric unit, rehabilitation unit, skilled nursing unit,
  200  specialty care unit, step-down unit or intermediate intensive
  201  care unit, surgical unit, telemetry unit, or psychiatric unit.
  202         1.“Acuity adjustable unit” means a unit that adjusts a
  203  room’s technology, monitoring systems, and intensity of nursing
  204  care based on the severity of the patient’s medical condition.
  205         2.“Critical care unit” or “intensive care unit” means a
  206  nursing unit established to safeguard and protect a patient
  207  whose severity of medical condition requires continuous
  208  monitoring and complex intervention by a direct care registered
  209  nurse and whose restorative measures and level of nursing
  210  intensity require intensive care through direct observation;
  211  complex monitoring; intensive intricate assessment; evaluation;
  212  specialized rapid intervention; and education or teaching of the
  213  patient, the patient’s family, or other representatives by a
  214  competent and experienced direct care registered nurse. The term
  215  includes a burn unit, coronary care unit, or acute respiratory
  216  unit.
  217         3.“Rehabilitation unit” means a functional clinical unit
  218  established to provide rehabilitation services that restore an
  219  ill or injured patient to the highest level of self-sufficiency
  220  or gainful employment of which he or she is capable in the
  221  shortest possible time; compatible with his or her physical,
  222  intellectual, and emotional or psychological capabilities; and
  223  in accordance with planned goals and objectives.
  224         4.“Skilled nursing unit” means a functional clinical unit
  225  established to provide skilled nursing care and supportive care
  226  to patients whose primary need is for skilled nursing care on a
  227  long-term basis and who are admitted after at least a 48-hour
  228  period of continuous inpatient care. The term includes, but is
  229  not limited to, a unit established to provide medical, nursing,
  230  dietary, and pharmaceutical services and activity programs.
  231         5.“Specialty care unit” means a unit established to
  232  safeguard and protect a patient whose severity of illness,
  233  including all co-occurring morbidities, restorative measures,
  234  and level of nursing intensity, requires continuous care through
  235  direct observation and monitoring; multiple assessments;
  236  specialized interventions; evaluations; and education or
  237  teaching of the patient, the patient’s family, or other
  238  representatives by a competent and experienced direct care
  239  registered nurse. The term includes, but is not limited to, a
  240  unit established to provide the intensity of care required for a
  241  specific medical condition or a specific patient population or
  242  to provide more comprehensive care for a specific condition or
  243  disease than the care required in a surgical unit.
  244         6.“Step-down unit” or “intermediate intensive care unit”
  245  means a unit established to safeguard and protect a patient
  246  whose severity of illness, including all co-occurring
  247  morbidities, restorative measures, and level of nursing
  248  intensity, requires intermediate intensive care through direct
  249  observation and monitoring; multiple assessments; specialized
  250  interventions; evaluations; and education or teaching of the
  251  patient, the patient’s family, or other representatives by a
  252  competent and experienced direct care registered nurse. The term
  253  includes a unit established to provide care to patients who have
  254  moderate or potentially severe physiological instability
  255  requiring technical support, but not necessarily artificial life
  256  support. As used in this subparagraph, the term:
  257         a.“Artificial life support” means a system that uses
  258  medical technology to aid, support, or replace a vital function
  259  of the body which has been seriously damaged.
  260         b.“Technical support” means the use of specialized
  261  equipment by a direct care registered nurse in providing for
  262  invasive monitoring, telemetry, and mechanical ventilation for
  263  the immediate amelioration or remediation of severe pathology
  264  for a patient requiring less care than intensive care, but more
  265  care than the care provided in a surgical unit.
  266         7.“Surgical unit” means a unit established to safeguard
  267  and protect a patient whose severity of illness, including all
  268  co-occurring morbidities, restorative measures, and level of
  269  nursing intensity, requires continuous care through direct
  270  observation and monitoring; multiple assessments; specialized
  271  interventions; evaluations; and education or teaching of the
  272  patient, the patient’s family, or other representatives by a
  273  competent and experienced direct care registered nurse. The term
  274  includes a unit established to provide care to patients who
  275  require less than intensive care or step-down care; patients who
  276  receive 24-hour inpatient general medical care or postsurgical
  277  care, or both; and mixed populations of patients of diverse
  278  diagnoses and diverse ages, excluding pediatric patients.
  279         8.“Telemetry unit” means a unit established to safeguard
  280  and protect a patient whose severity of illness, including all
  281  co-occurring morbidities, restorative measures, and level of
  282  nursing intensity, requires intermediate intensive care through
  283  direct observation and monitoring; multiple assessments;
  284  specialized interventions; evaluations; and education or
  285  teaching of the patient, the patient’s family, or other
  286  representatives by a competent and experienced direct care
  287  registered nurse. The term includes a unit in which specialized
  288  equipment is used to provide for the electronic monitoring,
  289  recording, retrieval, and display of cardiac electrical signals.
  290         (i)“Long-term acute care hospital” means a hospital or
  291  health care facility that specializes in providing long-term
  292  acute care to medically complex patients. The term includes a
  293  freestanding and hospital-within-hospital model of a long-term
  294  acute care facility.
  295         (j)“Overtime” means the hours worked in excess of:
  296         1.An agreed-upon, predetermined, regularly scheduled
  297  shift;
  298         2.Twelve hours in a 24-hour period; or
  299         3.Eighty hours in a 14-day period.
  300         (k)“Patient assessment” means the use of critical thinking
  301  by a direct care registered nurse, and the intellectually
  302  disciplined process of actively and skillfully interpreting,
  303  applying, analyzing, synthesizing, or evaluating data obtained
  304  through direct observation and communication with others.
  305         (l)“Professional judgment” means the intellectual,
  306  educated, informed, and experienced process that a direct care
  307  registered nurse exercises in forming an opinion and reaching a
  308  clinical decision that is in the exclusive interests of the
  309  patient and is based upon the analysis of data, information, and
  310  scientific evidence.
  311         (m)“Skill mix” means the differences in licensing,
  312  specialty, and experience among direct care registered nurses.
  313         (3)MINIMUM DIRECT CARE REGISTERED NURSE STAFFING LEVEL
  314  REQUIREMENTS.—
  315         (a)A health care facility shall implement a staffing plan
  316  that provides for a minimum direct care registered nurse
  317  staffing level in accordance with the general requirements set
  318  forth in this subsection and the direct care registered nurse
  319  staffing levels in a clinical unit as specified in paragraph
  320  (b). Staffing levels for patient care tasks that do not require
  321  a direct care registered nurse are not included within these
  322  ratios and shall be determined pursuant to an acuity-based
  323  patient classification system defined by agency rule.
  324         1.A health care facility may not assign a direct care
  325  registered nurse to a clinical unit unless the health care
  326  facility and the direct care registered nurse determine that
  327  such nurse has demonstrated competence in providing care in the
  328  clinical unit and has also received orientation in the clinical
  329  unit’s area of specialty which is sufficient to provide
  330  competent, safe, therapeutic, and effective care to a patient in
  331  that unit. The policies and procedures of the health care
  332  facility must contain the criteria for making this
  333  determination.
  334         2.The direct care registered nurse staffing levels
  335  represent the maximum number of patients that may be assigned to
  336  one direct care registered nurse at any one time.
  337         3.A health care facility:
  338         a.May not average the total number of patients and the
  339  total number of direct care registered nurses assigned to
  340  patients in a hospital unit or clinical unit during any period
  341  for purposes of meeting the requirements under this subsection.
  342         b.May not impose mandatory overtime in order to meet the
  343  minimum direct care registered nurse staffing levels in the
  344  hospital unit or clinical unit which are required under this
  345  subsection.
  346         c.Shall ensure that only a direct care registered nurse
  347  may relieve another direct care registered nurse during breaks,
  348  meals, and routine absences from a hospital unit or clinical
  349  unit.
  350         d.May not lay off licensed practical nurses, licensed
  351  psychiatric technicians, certified nursing assistants, or other
  352  ancillary support staff to meet the direct care registered nurse
  353  staffing levels required in this subsection for a hospital unit
  354  or clinical unit.
  355         4.Only a direct care registered nurse may be assigned to
  356  an intensive care newborn nursery service unit, which
  357  specifically requires a direct care registered nurse staffing
  358  level of one such nurse to two or fewer infants at all times.
  359         5.In the emergency department, only a direct care
  360  registered nurse may be assigned to a triage patient or a
  361  critical care patient.
  362         a.The direct care registered nurse staffing level for
  363  triage patients or critical care patients in the emergency
  364  department must be one such nurse to two or fewer patients at
  365  all times.
  366         b.At least two direct care registered nurses must be
  367  physically present in the emergency department when a patient is
  368  present.
  369         c.Triage, radio, specialty, or flight registered nurses do
  370  not count in the calculation of direct care registered nurse
  371  staffing levels. Triage registered nurses may not be assigned
  372  the responsibility of the base radio.
  373         6.Only a direct care registered nurse may be assigned to a
  374  labor and delivery unit.
  375         a.The direct care registered nurse staffing level must be
  376  one such nurse to one active labor patient, or one patient
  377  having medical or obstetrical complications, during the
  378  initiation of epidural anesthesia and during circulation for a
  379  caesarean section delivery.
  380         b.The direct care registered nurse staffing level for
  381  antepartum patients who are not in active labor must be one such
  382  nurse to three or fewer patients at all times.
  383         c.In the event of a caesarean delivery, the direct care
  384  registered nurse staffing level must be one such nurse to four
  385  or fewer mother-plus-infant couplets.
  386         d.In the event of multiple births, the direct care
  387  registered nurse staffing level must be one such nurse to six or
  388  fewer mother-plus-infant couplets.
  389         e.The direct care registered nurse staffing level for
  390  postpartum areas in which the direct care registered nurse’s
  391  assignment consists of only mothers must be one such nurse to
  392  four or fewer patients at all times.
  393         f.The direct care registered nurse staffing level for
  394  postpartum patients or postsurgical gynecological patients must
  395  be one such nurse to four or fewer patients at all times.
  396         g.The direct care registered nurse staffing level for the
  397  well-baby nursery must be one such nurse to five or fewer
  398  patients at all times.
  399         h.The direct care registered nurse staffing level for
  400  unstable newborns and newborns in the resuscitation period as
  401  assessed by a direct care registered nurse must be at least one
  402  such nurse to one patient at all times.
  403         i.The direct care registered nurse staffing level for
  404  newborns must be one such nurse to four or fewer patients at all
  405  times.
  406         7.The direct care registered nurse staffing level for
  407  patients receiving conscious sedation must be at least one such
  408  nurse to one patient at all times.
  409         (b)A health care facility’s staffing plan must provide
  410  that, at all times during each shift within a unit of the
  411  facility, a direct care registered nurse is assigned to not more
  412  than:
  413         1.One patient in a trauma emergency unit;
  414         2.One patient in an operating room unit. The operating
  415  room must have at least one direct care registered nurse
  416  assigned to the duties of the circulating registered nurse and a
  417  minimum of one additional person as a scrub assistant for each
  418  patient-occupied operating room;
  419         3.Two patients in a critical care unit, including neonatal
  420  intensive care units; emergency critical care and intensive care
  421  units; labor and delivery units; coronary care units; acute
  422  respiratory care units; postanesthesia units, regardless of the
  423  type of anesthesia administered; and postpartum units, so that
  424  the direct care registered nurse staffing level is one such
  425  nurse to two or fewer patients at all times;
  426         4.Three patients in an emergency room unit; step-down unit
  427  or intermediate intensive care unit; pediatric unit; telemetry
  428  unit; or combined labor and postpartum unit so that the direct
  429  care registered nurse staffing level is one such nurse to three
  430  or fewer patients at all times;
  431         5.Four patients in a surgical unit, antepartum unit,
  432  intermediate care nursery unit, psychiatric unit, or presurgical
  433  or other specialty care unit so that the direct care registered
  434  nurse staffing level is one such nurse to four or fewer patients
  435  at all times;
  436         6.Five patients in a rehabilitation unit or skilled
  437  nursing unit so that the direct care registered nurse staffing
  438  level is one such nurse to five or fewer patients at all times;
  439         7.Six patients in a well-baby nursery unit so that the
  440  direct care registered nurse staffing level is one such nurse to
  441  six or fewer patients at all times; or
  442         8.Three mother-plus-infant couplets in a postpartum unit
  443  so that the direct care registered nurse staffing level is one
  444  such nurse to three or fewer mother-plus-infant couplets at all
  445  times.
  446         (c)1.Identifying a hospital unit or clinical unit by a
  447  name or term other than those defined in subsection (2) does not
  448  affect the requirement of direct care registered nurse staffing
  449  levels identified for the level of intensity or type of care
  450  described in paragraphs (a) and (b).
  451         2.Patients shall be cared for only in hospital units or
  452  clinical units in which the level of intensity, type of care,
  453  and direct care registered nurse staffing levels meet the
  454  individual requirements and needs of each patient. A health care
  455  facility may not use an acuity adjustable unit to care for a
  456  patient.
  457         3.A health care facility may not use a video camera or
  458  monitor or any form of electronic visualization of a patient to
  459  substitute for the direct observation required for patient
  460  assessment by the direct care registered nurse and for patient
  461  protection provided by an attendant.
  462         (d)The requirements established under this subsection do
  463  not apply during a declared state of emergency, as defined in
  464  subsection (2), if a health care facility is requested or
  465  expected to provide an exceptional level of emergency or other
  466  medical services.
  467         (e)The chief nursing officer or his or her designee shall
  468  develop a staffing plan for each hospital unit or clinical unit.
  469         1.The staffing plan must be in writing and, based on
  470  individual patient care needs determined by the acuity-based
  471  patient classification system, must specify individual patient
  472  care requirements and the staffing levels for direct care
  473  registered nurses and other licensed and unlicensed personnel.
  474  The direct care registered nurse staffing level on any shift may
  475  not fall below the requirements in paragraphs (a) and (b) at any
  476  time.
  477         2.In addition to the requirements of direct care
  478  registered nurse staffing levels in paragraphs (a) and (b), each
  479  health care facility shall assign additional nursing staff,
  480  including, but not limited to, licensed practical nurses,
  481  licensed psychiatric technicians, and certified nursing
  482  assistants, through the implementation of a valid acuity-based
  483  patient classification system for determining nursing care needs
  484  of individual patients which reflects the assessment of patient
  485  nursing care requirements made by the assigned direct care
  486  registered nurse and which provides for shift-by-shift staffing
  487  based on those requirements. The direct care registered nurse
  488  staffing levels specified in paragraphs (a) and (b) constitute
  489  the minimum number of direct care registered nurses who shall be
  490  assigned to provide direct patient care.
  491         3.In developing the staffing plan, a health care facility
  492  shall provide for direct care registered nurse staffing levels
  493  that are above the minimum levels required in paragraphs (a) and
  494  (b) based upon consideration of the following factors:
  495         a.The number of patients and their acuity levels as
  496  determined by the application of a patient classification system
  497  on a shift-by-shift basis.
  498         b.The anticipated admissions, discharges, and transfers of
  499  patients during each shift which affect direct patient care.
  500         c.The specialized experience required of direct care
  501  registered nurses on a particular hospital unit or clinical
  502  unit.
  503         d.Staffing levels of other health care personnel who
  504  provide direct patient care services for patients who normally
  505  do not require care by a direct care registered nurse.
  506         e.The level of efficacy of technology that is available
  507  that affects the delivery of direct patient care.
  508         f.The level of familiarity with hospital practices,
  509  policies, and procedures by a direct care registered nurse from
  510  a temporary agency during a shift.
  511         g.Obstacles to efficiency in the delivery of patient care
  512  caused by the physical layout of the health care facility.
  513         4.A health care facility shall specify the acuity-based
  514  patient classification system used to document actual staffing
  515  in each unit for each shift.
  516         5.A health care facility shall annually evaluate:
  517         a.The reliability of the acuity-based patient
  518  classification system for validating staffing requirements to
  519  determine whether such system accurately measures individual
  520  patient care needs and accurately predicts the staffing
  521  requirements for direct care registered nurses, licensed
  522  practical nurses, licensed psychiatric technicians, and
  523  certified nursing assistants, based exclusively on individual
  524  patient needs.
  525         b.The validity of the acuity-based patient classification
  526  system.
  527         6.A health care facility shall annually update its
  528  staffing plan and acuity-based patient classification system to
  529  the extent appropriate based on the annual evaluation conducted
  530  under subparagraph 5. If the evaluation reveals that adjustments
  531  are necessary to ensure accuracy in measuring patient care
  532  needs, such adjustments must be implemented within 30 days after
  533  such determination.
  534         7.Any acuity-based patient classification system adopted
  535  by a health care facility under this subsection must be
  536  transparent in all respects, including disclosure of detailed
  537  documentation of the methodology used to predict nurse staffing;
  538  an identification of each factor, assumption, and value used in
  539  applying such methodology; an explanation of the scientific and
  540  empirical basis for each such assumption and value; and
  541  certification by a knowledgeable and authorized representative
  542  of the health care facility that the disclosures regarding
  543  methods used for testing and validating the accuracy and
  544  reliability of such system are true and complete.
  545         a.The documentation required by this subparagraph shall be
  546  submitted in its entirety to the agency as a mandatory condition
  547  of licensure, with a certification by the chief nursing officer
  548  of the health care facility that the documentation completely
  549  and accurately reflects implementation of a valid acuity-based
  550  patient classification system used to determine nurse staffing
  551  by the facility for each shift in each hospital unit or clinical
  552  unit in which patients receive care. The chief nursing officer
  553  shall execute the certification under penalty of perjury, and
  554  the certification must contain an expressed acknowledgment that
  555  any false statement constitutes fraud and is subject to criminal
  556  and civil prosecution and penalties.
  557         b.Such documentation must be available for public
  558  inspection in its entirety in accordance with procedures
  559  established by administrative rules adopted by the agency,
  560  consistent with the purposes of this section.
  561         8.A staffing plan of a health care facility shall be
  562  developed and evaluated by a committee created by the health
  563  care facility. At least half of the members of the committee
  564  must be unit-specific competent direct care registered nurses.
  565         a.The chief nursing officer at the facility shall appoint
  566  the members who are not direct care registered nurses. The
  567  direct care registered nurses on the committee shall be
  568  appointed by the chief nursing officer if the direct care
  569  registered nurses are not represented by a collective bargaining
  570  agreement or by an authorized collective bargaining agent.
  571         b.In case of a dispute, the direct care registered nurse
  572  assessment shall prevail.
  573         c.This section does not authorize conduct that is
  574  prohibited under the National Labor Relations Act or the Federal
  575  Labor Relations Act of 1978.
  576         9.By July 1, 2020, the agency shall approve uniform
  577  statewide standards for a standardized acuity tool for use in
  578  health care facilities. The standardized acuity tool must
  579  provide a method for establishing direct care registered nurse
  580  staffing requirements that exceed the required direct care
  581  registered nurse staffing levels in the hospital units or
  582  clinical units in paragraphs (a) and (b).
  583         a.The proposed standards shall be developed by a committee
  584  created by the health care facility consisting of up to 20
  585  members. At least 11 of the committee members must be registered
  586  nurses who are currently licensed and employed as direct care
  587  registered nurses, and the remaining committee members must
  588  include a sufficient number of technical or scientific experts
  589  in specialized fields who are involved in the design and
  590  development of an acuity-based patient classification system
  591  that meets the requirements of this section.
  592         b.A person who has any employment or any commercial,
  593  proprietary, financial, or other personal interest in the
  594  development, marketing, or use of a private patient
  595  classification system product or related methodology,
  596  technology, or component system is not eligible to serve on the
  597  committee. A candidate for appointment to the committee may not
  598  be confirmed as a member until the candidate files a disclosure
  599  of-interest statement with the agency, along with a signed
  600  certification of full disclosure and complete accuracy under
  601  oath, which provides all necessary information as determined by
  602  the agency to demonstrate the absence of actual or potential
  603  conflict of interest. All such filings are subject to public
  604  inspection.
  605         c.Within 1 year after the official commencement of
  606  committee operations, the committee shall provide a written
  607  report to the agency that proposes uniform standards for a
  608  valid, acuity-based patient classification system, along with a
  609  sufficient explanation and justification to allow for competent
  610  review and determination of sufficiency by the agency. The
  611  agency shall disclose the report to the public upon notice of
  612  public hearings and provide a public comment period for proposed
  613  adoption of uniform standards for an acuity-based patient
  614  classification system by the agency.
  615         10.A hospital shall adopt and implement the acuity-based
  616  patient classification system and provide staffing based on the
  617  standardized acuity tool. Any additional direct care registered
  618  nurse staffing level that exceeds the direct care registered
  619  nurse staffing levels described in paragraphs (a) and (b) shall
  620  be assigned in a manner determined by such standardized acuity
  621  tool.
  622         11.A health care facility shall submit to the agency its
  623  annually updated staffing plan and acuity-based patient
  624  classification system as required under this paragraph.
  625         (f)1.In each hospital unit or clinical unit, a health care
  626  facility shall post a notice in a form specified by agency rule
  627  that:
  628         a.Explains the requirements imposed under this subsection;
  629         b.Includes actual direct care registered nurse staffing
  630  levels during each shift at the hospital unit or clinical unit;
  631         c.Is visible, conspicuous, and accessible to staff and
  632  patients of the hospital unit or clinical unit and the public;
  633         d.Identifies staffing requirements as determined by the
  634  acuity-based patient classification system for each hospital
  635  unit or clinical unit, documented and posted in the unit for
  636  public view on a day-to-day, shift-by-shift basis;
  637         e.Documents the actual number of staff and the skill mix
  638  of such staff in each hospital unit or clinical unit, documented
  639  and posted in the unit for public view on a day-to-day, shift
  640  by-shift basis; and
  641         f.Reports the variance between the required and actual
  642  staffing patterns in each hospital unit or clinical unit,
  643  documented and posted in the unit for public view on a day-to
  644  day, shift-by-shift basis.
  645         2.a.A long-term acute care hospital shall maintain
  646  accurate records of actual staffing levels in each hospital unit
  647  or clinical unit for each shift for at least 2 years. Such
  648  records must include:
  649         (I)The number of patients in each unit;
  650         (II)The identity and duty hours of each direct care
  651  registered nurse, licensed practical nurse, licensed psychiatric
  652  technician, and certified nursing assistant assigned to each
  653  patient in the hospital unit or clinical unit for each shift;
  654  and
  655         (III)A copy of each posted notice.
  656         b.A health care facility shall make its staffing plan and
  657  acuity-based patient classification system required under
  658  paragraph (e), and all documentation related to such plan and
  659  system, available to the agency; to direct care registered
  660  nurses and their collective bargaining representatives, if any;
  661  and to the public under rules adopted by the agency.
  662         3.The agency shall conduct periodic audits to ensure
  663  implementation of the staffing plan in accordance with this
  664  subsection and to ensure the accuracy of the staffing plan and
  665  the acuity-based patient classification system required under
  666  paragraph (e).
  667         (g)A health care facility shall plan for routine
  668  fluctuations such as admissions, discharges, and transfers in
  669  the patient census. If a declared state of emergency causes a
  670  change in the number of patients in a unit, the health care
  671  facility must demonstrate that immediate and diligent efforts
  672  are made to maintain required staffing levels.
  673         (h)The following activities are prohibited:
  674         1.The direct assignment of unlicensed personnel by a
  675  health care facility to perform functions required of a direct
  676  care registered nurse in lieu of care being delivered by a
  677  licensed or registered nurse under the clinical supervision of a
  678  direct care registered nurse.
  679         2.The performance of patient care tasks by unlicensed
  680  personnel that require the clinical assessment, judgment, and
  681  skill of a licensed or registered nurse, including, but not
  682  limited to:
  683         a.Nursing activities that require nursing assessment and
  684  judgment during implementation;
  685         b.Physical, psychological, or social assessments that
  686  require nursing judgment, intervention, referral, or followup;
  687  and
  688         c.Formulation of a plan of nursing care and evaluation of
  689  a patient’s response to the care provided, including
  690  administration of medication; venipuncture or intravenous
  691  therapy; parenteral or tube feedings; invasive procedures,
  692  including inserting nasogastric tubes, inserting catheters, or
  693  tracheal suctioning; and educating a patient and the patient’s
  694  family concerning the patient’s health care problems, including
  695  postdischarge care. However, a phlebotomist, emergency room
  696  technician, or medical technician may, under the general
  697  supervision of the clinical laboratory director, or his or her
  698  designee, or a physician, perform venipunctures in accordance
  699  with written hospital policies and procedures.
  700         (4)PROFESSIONAL PRACTICE STANDARDS FOR DIRECT CARE
  701  REGISTERED NURSES WORKING IN A HEALTH CARE FACILITY.—
  702         (a)A direct care registered nurse employing scientific
  703  knowledge and experience in the physical, social, and biological
  704  sciences, and exercising independent judgment in applying the
  705  nursing process, shall directly provide:
  706         1.Continuous and ongoing assessments of the patient’s
  707  condition.
  708         2.The planning, clinical supervision, implementation, and
  709  evaluation of the nursing care provided to each patient.
  710         3.The assessment, planning, implementation, and evaluation
  711  of patient education, including the ongoing postdischarge
  712  education of each patient.
  713         4.The delivery of patient care, which must reflect all
  714  elements of the nursing process and must include assessment,
  715  nursing diagnosis, planning, intervention, evaluation, and, as
  716  circumstances require, patient advocacy, and shall be initiated
  717  by a direct care registered nurse at the time of admission.
  718         5.The nursing plan for the patient care, which shall be
  719  discussed with and developed as a result of coordination with
  720  the patient, the patient’s family or other representatives, when
  721  appropriate, and the staff of other disciplines involved in the
  722  care of the patient.
  723         6.An evaluation of the effectiveness of the care plan
  724  through assessments based on direct observation of the patient’s
  725  physical condition and behavior, signs and symptoms of illness,
  726  and reactions to treatment, and through communication with the
  727  patient and the health care team members, and modification of
  728  the plan as needed.
  729         7.Information related to the initial assessment and
  730  reassessments of the patient, nursing diagnosis, plan,
  731  intervention, evaluation, and patient advocacy, which shall be
  732  permanently recorded in the patient’s medical record as
  733  narrative direct care progress notes. The practice of charting
  734  by exception is prohibited.
  735         (b)1.A patient assessment requires direct observation of
  736  the patient’s signs and symptoms of illness, reaction to
  737  treatment, behavior and physical condition, and interpretation
  738  of information obtained from the patient and others, including
  739  the health care team members. A patient assessment requires data
  740  collection by a direct care registered nurse and the analysis,
  741  synthesis, and evaluation of such data.
  742         2.Only a direct care registered nurse may perform a
  743  patient assessment. A licensed practical nurse or licensed
  744  psychiatric technician may assist a direct care registered nurse
  745  in data collection.
  746         (c)1.A direct care registered nurse shall determine the
  747  nursing care needs of individual patients through the process of
  748  ongoing patient assessments, nursing diagnosis, formulation, and
  749  adjustment of nursing care plans.
  750         2.The prediction of individual patient nursing care needs
  751  for prospective assignment of direct care registered nurses
  752  shall be based on individual patient assessments of the direct
  753  care registered nurse assigned to each patient and in accordance
  754  with a documented acuity-based patient classification system as
  755  required in subsection (3).
  756         (d)Competent performance of the essential functions of a
  757  direct care registered nurse as provided in this section
  758  requires the exercise of independent judgment in the exclusive
  759  interests of the patient. A direct care registered nurse’s
  760  independent judgment while performing the functions described in
  761  this section shall be provided in the exclusive interests of the
  762  patient and may not, for any purpose, be considered, relied
  763  upon, or represented as a job function, authority,
  764  responsibility, or activity undertaken in any respect for the
  765  purpose of serving the business, commercial, operational, or
  766  other institutional interests of the health care facility
  767  employer.
  768         (e)1.In addition to the prohibition on assignments of
  769  patient care tasks provided in paragraph (3)(h), a direct care
  770  registered nurse may not assign tasks required to implement
  771  nursing care for a patient to other licensed nursing staff or to
  772  unlicensed staff unless the assigning direct care registered
  773  nurse:
  774         a.Determines that the personnel assigned the nursing care
  775  tasks possess the necessary training, experience, and capability
  776  to competently and safely perform such tasks; and
  777         b.Effectively supervises the clinical functions and
  778  nursing care tasks performed by the assigned personnel.
  779         2.The exercise of clinical supervision of nursing care
  780  personnel by a direct care registered nurse in the performance
  781  of the functions as provided in this subsection must be in the
  782  exclusive interests of the patient and may not, for any purpose,
  783  be considered, relied upon, or represented as a job function,
  784  authority, responsibility, or activity undertaken in any respect
  785  for the purpose of serving the business, commercial,
  786  operational, or other institutional interests of the health care
  787  facility employer, but constitutes the exercise of professional
  788  nursing authority and duty in the exclusive interests of the
  789  patient.
  790         (f)A health care facility may not deploy technology that
  791  limits the direct care provided by a direct care registered
  792  nurse in the performance of functions that are part of the
  793  nursing process, including the full exercise of independent
  794  professional judgment in the assessment, planning,
  795  implementation, and evaluation of care, or that limits a direct
  796  care registered nurse from acting as a patient advocate in the
  797  exclusive interests of the patient. Technology may not be skill
  798  degrading, interfere with the direct care registered nurse’s
  799  provision of individualized patient care, or override the direct
  800  care registered nurse’s independent professional judgment.
  801         (g)This subsection applies only to direct care registered
  802  nurses employed by or providing care in a health care facility.
  803         (5)DIRECT CARE REGISTERED NURSE’S DUTY AND RIGHT OF
  804  PATIENT ADVOCACY.—
  805         (a)A direct care registered nurse has a duty and right to
  806  act and provide care in the exclusive interests of the patient
  807  and to act as the patient’s advocate.
  808         (b)A direct care registered nurse shall always provide
  809  competent, safe, therapeutic, and effective nursing care to an
  810  assigned patient.
  811         1.Before accepting a patient assignment, a direct care
  812  registered nurse must have the necessary knowledge, judgment,
  813  skills, and ability to provide the required care. It is the
  814  responsibility of the direct care registered nurse to determine
  815  whether he or she is clinically competent to perform the nursing
  816  care required by a patient who is in a particular clinical unit
  817  or who has a particular diagnosis, condition, prognosis, or
  818  other determinative characteristic of nursing care, and whether
  819  acceptance of a patient assignment would expose the patient to
  820  the risk of harm.
  821         2.If the direct care registered nurse is not competent to
  822  perform the care required for a patient assigned for nursing
  823  care or if the assignment would expose the patient to risk of
  824  harm, the direct care registered nurse may not accept the
  825  patient care assignment. Such refusal to accept a patient care
  826  assignment is an exercise of the direct care registered nurse’s
  827  duty and right of patient advocacy.
  828         (c)A direct care registered nurse may refuse to accept an
  829  assignment as a nurse in a health care facility if:
  830         1.The assignment would violate chapter 464 or rules
  831  adopted thereunder;
  832         2.The assignment would violate subsection (3), subsection
  833  (4), or this subsection; or
  834         3.The direct care registered nurse is not prepared by
  835  education, training, or experience to fulfill the assignment
  836  without compromising the safety of a patient or jeopardizing the
  837  license of the direct care registered nurse.
  838         (d)A direct care registered nurse may refuse to perform an
  839  assigned task as a nurse in a health care facility if:
  840         1.The assigned task would violate chapter 464 or rules
  841  adopted thereunder;
  842         2.The assigned task is outside the scope of practice of
  843  the direct care registered nurse; or
  844         3.The direct care registered nurse is not prepared by
  845  education, training, or experience to fulfill the assigned task
  846  without compromising the safety of a patient or jeopardizing the
  847  license of the direct care registered nurse.
  848         (e)In the course of performing the responsibilities and
  849  essential functions described in subsection (4), the direct care
  850  registered nurse assigned to a patient shall receive orders
  851  initiated by physicians and other legally authorized health care
  852  professionals within their scope of licensure regarding patient
  853  care services to be provided to the patient, including, but not
  854  limited to, the administration of medications and therapeutic
  855  agents that are necessary to implement a treatment, a
  856  rehabilitative regimen, or disease prevention.
  857         1.The direct care registered nurse shall assess each such
  858  order before implementation to determine if the order is:
  859         a.In the exclusive interests of the patient;
  860         b.Initiated by a person legally authorized to issue the
  861  order; and
  862         c.Issued in accordance with the applicable laws and rules
  863  governing nursing care.
  864         2.If the direct care registered nurse determines that the
  865  criteria provided in subparagraph 1. have not been satisfied
  866  with respect to a particular order or if the direct care
  867  registered nurse has some doubt regarding the meaning or
  868  conformance of the order with such criteria, he or she shall
  869  seek clarification from the initiator of the order, the
  870  patient’s physician, or another appropriate medical officer
  871  before implementing the order.
  872         3.If, upon clarification, the direct care registered nurse
  873  determines that the criteria for implementation of an order
  874  provided in subparagraph 1. have not been satisfied, the direct
  875  care registered nurse may refuse implementation on the basis
  876  that the order is not in the exclusive interests of the patient.
  877  Seeking clarification of an order or refusing an order as
  878  described in this subparagraph is an exercise of the direct care
  879  registered nurse’s duty and right of patient advocacy.
  880         (f)A direct care registered nurse shall, as circumstances
  881  require, initiate action to improve the patient’s health care or
  882  to change a decision or activity that, in the professional
  883  judgment of the direct care registered nurse, is against the
  884  exclusive interests or desires of the patient or shall give the
  885  patient the opportunity to make informed decisions about the
  886  health care before it is provided.
  887         (6)FREE SPEECH; PATIENT PROTECTION.—
  888         (a)A health care facility may not:
  889         1.Discharge, discriminate against, or retaliate against in
  890  any manner with respect to any aspect of employment, including
  891  discharge, promotion, compensation, or terms, conditions, or
  892  privileges of employment, a direct care registered nurse based
  893  on the direct care registered nurse’s refusal to accept an
  894  assignment pursuant to paragraph (5)(c) or an assigned task
  895  pursuant to paragraph (5)(d).
  896         2.File a complaint or a report against a direct care
  897  registered nurse with the Board of Nursing or the agency because
  898  of the direct care registered nurse’s refusal of an assignment
  899  pursuant to paragraph (5)(c) or an assigned task pursuant to
  900  paragraph (5)(d).
  901         (b)A direct care registered nurse who has been discharged,
  902  discriminated against, or retaliated against in violation of
  903  subparagraph (a)1. or against whom a complaint or a report has
  904  been filed in violation of subparagraph (a)2. may bring a cause
  905  of action in a court of competent jurisdiction. A direct care
  906  registered nurse who prevails in the cause of action is entitled
  907  to one or more of the following:
  908         1.Reinstatement.
  909         2.Reimbursement of lost wages, compensation, and benefits.
  910         3.Attorney fees.
  911         4.Court costs.
  912         5.Other damages.
  913         (c)A direct care registered nurse, a patient, or any other
  914  individual may file a complaint with the agency against a health
  915  care facility that violates this section. For any complaint
  916  filed, the agency shall:
  917         1.Receive and investigate the complaint;
  918         2.Determine whether a violation of this section as alleged
  919  in the complaint has occurred; and
  920         3.If such a violation has occurred, issue an order
  921  prohibiting the health care facility from subjecting the
  922  complaining direct care registered nurse, the patient, or the
  923  other individual to any retaliation described in paragraph (a).
  924         (d)1.A health care facility may not discriminate or
  925  retaliate in any manner against any patient, employee, or
  926  contract employee of the facility, or any other individual, on
  927  the basis that such individual, in good faith, individually or
  928  in conjunction with another person or persons, has presented a
  929  grievance or complaint; initiated or cooperated in an
  930  investigation or proceeding by a governmental entity, regulatory
  931  agency, or private accreditation body; made a civil claim or
  932  demand; or filed an action relating to the care, services, or
  933  conditions of the health care facility or of any affiliated or
  934  related facilities.
  935         2.For purposes of this paragraph, an individual is deemed
  936  to be acting in good faith if the individual reasonably believes
  937  that the information reported or disclosed is true.
  938         (e)1.A health care facility may not:
  939         a.Interfere with, restrain, or deny the exercise of, or
  940  the attempt to exercise, any right provided or protected under
  941  this section; or
  942         b.Coerce or intimidate any person regarding the exercise
  943  of, or the attempt to exercise, such right.
  944         2.A health care facility may not discriminate or retaliate
  945  against any person for opposing any facility policy, practice,
  946  or action that is alleged to violate, breach, or fail to comply
  947  with this section.
  948         3.A health care facility, or an individual representing a
  949  health care facility, may not make, adopt, or enforce any rule,
  950  regulation, policy, or practice that in any manner directly or
  951  indirectly prohibits, impedes, or discourages a direct care
  952  registered nurse from engaging in free speech or disclosing
  953  information as provided under this section.
  954         4.A health care facility, or an individual representing a
  955  health care facility, may not in any way interfere with the
  956  rights of direct care registered nurses to organize, bargain
  957  collectively, and engage in concerted activity under s. 7 of the
  958  National Labor Relations Act.
  959         5.A health care facility shall post in an appropriate
  960  location in each hospital unit or clinical unit a notice in a
  961  form specified by the agency that:
  962         a.Explains the rights of nurses, patients, and other
  963  individuals under this subsection;
  964         b.Includes a statement that a nurse, patient, or other
  965  individual may file a complaint with the agency against a health
  966  care facility that violates this subsection; and
  967         c.Provides instructions on how to file a complaint.
  968         (f)1.The agency shall establish a toll-free telephone
  969  hotline to provide information regarding the requirements of
  970  this section and to receive reports of violations of this
  971  section.
  972         2.A health care facility shall provide each patient
  973  admitted to the facility for inpatient care with the toll-free
  974  telephone hotline described in subparagraph 1. and shall give
  975  notice to each patient that the hotline may be used to report
  976  inadequate staffing or care.
  977         (7)ENFORCEMENT.—
  978         (a)In addition to any other penalty prescribed by law, the
  979  agency may impose civil penalties as follows:
  980         1.Against a health care facility that violates this
  981  section, a civil penalty of up to $25,000 for each violation,
  982  except that the agency shall impose a civil penalty of at least
  983  $25,000 for each violation if the agency determines that the
  984  health care facility has a pattern of such violation.
  985         2.Against an individual who is employed by a health care
  986  facility who violates this section, a civil penalty of up to
  987  $20,000 for each violation.
  988         (b)The agency shall post on its website the names of
  989  health care facilities against which civil penalties have been
  990  imposed under this subsection and such additional information as
  991  the agency deems necessary.
  992         Section 3. This act shall take effect July 1, 2019.