Senate Bill sb1176
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    Florida Senate - 2005                                  SB 1176
    By Senator Campbell
    32-959-05
  1                      A bill to be entitled
  2         An act relating to the staffing of health care
  3         facilities; creating ss. 395.051-395.057, F.S.;
  4         providing a short title; providing legislative
  5         findings; defining terms; prescribing safe
  6         staffing standards for health care facilities;
  7         requiring licensed facilities to submit an
  8         annual staffing plan to the Agency for Health
  9         Care Administration; providing standards for
10         the required skill mix; requiring compliance
11         with the staffing plan; requiring
12         recordkeeping; prohibiting mandatory overtime;
13         providing applicability; providing to employees
14         the right to refuse certain assignments and the
15         right to report suspected violations of safe
16         staffing standards; providing for the agency to
17         enforce compliance with the act; requiring the
18         agency to develop rules; providing an effective
19         date.
20  
21  Be It Enacted by the Legislature of the State of Florida:
22  
23         Section 1.  Section 395.051, Florida Statutes, is
24  created to read:
25         395.051  Short title.--Sections 395.051-395.057 may be
26  cited as the "Safe Staffing for Quality Care Act."
27         Section 2.  Section 395.052, Florida Statutes, is
28  created to read:
29         395.052  Legislative findings.--The Legislature finds
30  that:
31  
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 1         (1)  The state has a substantial interest in assuring
 2  that delivery of health care services to patients in health
 3  care facilities located in this state is adequate and safe and
 4  that health care facilities retain sufficient nursing staff so
 5  as to promote optimal health care outcomes.
 6         (2)  Recent changes in our health care delivery system
 7  are resulting in a higher acuity level among patients in
 8  health care facilities.
 9         (3)  Registered nurses constitute the highest
10  percentage of direct health care staff in acute care
11  facilities and have a central role in delivering health care.
12         (4)  Extensive research indicates that inadequate
13  registered nurse staffing in hospitals can result in increased
14  patient death rates, dangerous medical errors, and increased
15  length of stay.
16         (5)  To ensure adequate protection and care for
17  patients in health care facilities, it is essential that
18  qualified registered nurses who are trained and authorized to
19  deliver nursing services be accessible and available to meet
20  the nursing needs of patients.
21         Section 3.  Section 395.053, Florida Statutes, is
22  created to read:
23         395.053  Definitions.--As used in this act, the term:
24         (1)  "Acuity system" means an established measurement
25  instrument that:
26         (a)  Predicts nursing care requirements for individual
27  patients based on the severity of patient illness, the need
28  for specialized equipment and technology, the intensity of
29  nursing interventions required, and the complexity of clinical
30  nursing judgment needed to design, implement, and evaluate the
31  patient's nursing care plan;
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 1         (b)  Details the amount of nursing care needed, both in
 2  the number of registered nurses and in the skill mix of
 3  nursing personnel required daily for each patient in a nursing
 4  department or unit; and
 5         (c)  Is stated in terms that can be readily used and
 6  understood by direct-care nursing staff.
 7         (2)  "Assessment tool" means a measurement system that
 8  compares the staffing level in each nursing department or unit
 9  against actual patient nursing care requirements in order to
10  review the accuracy of an acuity system.
11         (3)  "Declared state of emergency" means an officially
12  designated state of emergency which has been declared by a
13  federal, state, or local government official who has the
14  authority to declare that the state, county, municipality, or
15  locality is in a state of emergency. The term does not include
16  a state of emergency which results from a labor dispute in the
17  health care industry.
18         (4)  "Direct-care nurse" or "direct-care nursing staff"
19  means any registered nurse who has direct responsibility to
20  oversee or carry out medical regimens or nursing care for one
21  or more patients. A nurse administrator, nurse supervisor,
22  nurse educator, charge nurse, or other registered nurse who
23  does not have a specific patient assignment may not be
24  included in the calculation of the registered nurse-to-patient
25  ratio.
26         (5)  "Documented staffing plan" means a detailed
27  written plan that sets forth the minimum number, skill mix,
28  and classification of licensed nurses required in each nursing
29  department or unit in the health care facility for a given
30  year, based on reasonable projections derived from the patient
31  census and average acuity level within each department or unit
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 1  during the previous year, the department or unit size and
 2  geography, the nature of services provided, and any
 3  foreseeable changes in department or unit size or function
 4  during the current year.
 5         (6)  "Health care facility" means an acute care
 6  hospital; an emergency care, ambulatory, or outpatient surgery
 7  facility licensed under s. 395.003; or a psychiatric facility
 8  licensed under chapter 394.
 9         (7)  "Nurse" means a registered nurse.
10         (8)  "Nursing care" means care that falls within the
11  scope of practice set forth in chapter 464 and other laws and
12  rules or care that is otherwise encompassed within recognized
13  professional standards of nursing practice, including
14  assessment, nursing diagnosis, planning, intervention,
15  evaluation, and patient advocacy.
16         (9)  "On-call time" means time spent by an employee
17  who:
18         (a)  Is not working on the premises of the place of
19  employment but who is compensated for availability; or
20         (b)  As a condition of employment, has agreed to be
21  available to return to the premises of the place of employment
22  on short notice if the need arises.
23         (10)  "Overtime" means the hours worked in excess of
24  any of the following:
25         (a)  An agreed-upon, predetermined, regularly scheduled
26  shift;
27         (b)  Twelve hours in a 24-hour period; or
28         (c)  Eighty hours in a consecutive 14-day period.
29         (11)  "Reasonable efforts," in reference to the
30  prohibition on mandatory overtime, means that the employer is
31  unable to obtain staff coverage even though the employer has:
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 1         (a)  Sought, from among all available qualified staff
 2  who are working, individuals who would volunteer to work extra
 3  time;
 4         (b)  Contacted employees who have made themselves
 5  available to work extra time;
 6         (c)  Sought the use of per diem staff; and
 7         (d)  Sought personnel from a contracted temporary
 8  agency if such staffing is permitted by law or an applicable
 9  collective bargaining agreement.
10         (12)  "Skill mix" means the differences in licensing,
11  specialty, and experience among direct-care nurses.
12         (13)  "Staffing level" means the actual numerical
13  registered nurse-to-patient ratio within a nursing department
14  or unit.
15         (14)  "Unforeseeable emergent circumstance" means:
16         (a)  An unforeseen declared national, state, or
17  municipal emergency;
18         (b)  A situation in which a health care disaster plan
19  is activated; or
20         (c)  An unforeseen disaster or other catastrophic event
21  that substantially affects or increases the need for health
22  care services.
23         Section 4.  Section 395.054, Florida Statutes, is
24  created to read:
25         395.054  Facility staffing standards.--
26         (1)  STAFFING PRINCIPLES.--The basic principles of
27  staffing in health care facilities should be focused on
28  patient health care needs and based on consideration of
29  patient acuity levels and services that need to be provided to
30  ensure optimal outcomes. Safe staffing practices recognize the
31  importance of all health care workers in providing quality
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 1  patient care. The setting of staffing standards for registered
 2  nurses is not to be interpreted as justifying the
 3  understaffing of other critical health care workers, including
 4  licensed practical nurses, social workers, and other licensed
 5  or unlicensed assistive personnel. Indeed, the availability of
 6  these other health care workers enables registered nurses to
 7  focus on the nursing care functions that only registered
 8  nurses, by law, are permitted to perform and thereby helps to
 9  ensure adequate staffing levels.
10         (2)  SPECIFIC STANDARDS.--Health care facilities shall
11  provide staffing by registered nurses in accordance with the
12  minimum nurse-to-patient ratios that are set forth in this
13  subsection. Staffing for care that does not require a
14  registered nurse is not included within these ratios and must
15  be determined pursuant to the patient classification system.
16  Nurse-to-patient ratios represent the maximum number of
17  patients which are assigned to one registered nurse during one
18  shift. Only nurses providing direct patient care shall be
19  included in the ratios. Nurse administrators, nurse
20  supervisors, charge nurses, and other licensed nurses that do
21  not have a specific patient care assignment may not be
22  included in the calculation of the nurse-to-patient ratio.
23  This section does not prohibit a registered nurse from
24  providing care within the scope of his or her practice to a
25  patient assigned to another nurse.
26         (a)  No more than two patients may be assigned to each
27  registered nurse, so that the minimum registered
28  nurse-to-patient ratio in a critical care unit is 1:2 or fewer
29  at any time. As used in this paragraph, the term "critical
30  care unit" means a nursing unit of a general acute care
31  hospital which provides one of the following services: an
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 1  intensive care service, a post-anesthesia recovery service, a
 2  burn center service, a coronary care service, or an acute
 3  respiratory service. In the intensive care newborn nursery
 4  service, no more than two patients may be assigned to each
 5  nurse.
 6         (b)  In the surgical service operating room, no more
 7  than one patient-occupied operating room may be assigned to
 8  each registered nurse.
 9         (c)  No more than two patients may be assigned to each
10  registered nurse in a labor/delivery unit of the perinatal
11  service, so that the registered nurse-to-patient ratio is 1:2
12  or fewer at any time.
13         (d)  No more than three mother-baby couplets may be
14  assigned to each registered nurse in a postpartum area of the
15  perinatal unit at any time. If multiple births have occurred,
16  the total number of mothers plus infants which are assigned to
17  a single registered nurse may not exceed six.
18         (e)  In a hospital that provides basic emergency
19  medical services or comprehensive emergency medical services,
20  no more than three patients who are receiving emergency
21  services may be assigned to each registered nurse, so that the
22  registered nurse-to-patient ratio in an emergency department
23  is 1:3 or fewer at any time patients are receiving treatment.
24  No fewer than two registered nurses must be physically present
25  in the emergency department when a patient is present.
26         (f)  The nurse assigned to triage patients may not have
27  a patient assignment, may not be assigned the responsibility
28  for the base ratio, and may not be counted in the registered
29  nurse-to-patient ratio.
30         (g)  When nursing staff are attending critical care
31  patients in the emergency department, no more than two
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 1  patients may be assigned to each registered nurse. When
 2  nursing staff in the emergency department are attending trauma
 3  patients, no more than one patient may be assigned to each
 4  registered nurse at any time.
 5         (h)  No more than three patients may be assigned to
 6  each registered nurse in a step-down unit, so that the minimum
 7  registered nurse-to-patient ratio in a step-down unit is 1:3
 8  or fewer at any time. As used in this paragraph, the term:
 9         1.  "Artificial life support" means a system that uses
10  medical technology to aid, support, or replace a vital
11  function of the body which has been seriously damaged.
12         2.  "Step-down unit" means a unit that is organized,
13  operated, and maintained to provide for the monitoring and
14  care of patients who have moderate or potentially severe
15  physiologic instability that requires technical support but
16  not necessarily artificial life support.
17         3.  "Technical support" means specialized equipment or
18  personnel, or both, that provides for invasive monitoring,
19  telemetry, and mechanical ventilation, for the immediate
20  amelioration or remediation of severe pathology for those
21  patients who require less care than intensive care but more
22  than that which is available from medical/surgical care.
23         (i)  No more than three patients may be assigned to
24  each registered nurse, so that the minimum registered
25  nurse-to-patient ratio in a telemetry unit is 1:3 or fewer at
26  any time. As used in this paragraph, the term "telemetry unit"
27  means a unit designated for the electronic monitoring,
28  recording, retrieval, and display of cardiac electrical
29  signals.
30         (j)  No more than four patients may be assigned to each
31  registered nurse, so that the minimum registered
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 1  nurse-to-patient ratio in medical/surgical care units is 1:4
 2  or fewer at any time. As used in this paragraph, the term
 3  "medical/surgical unit" means a unit that has beds classified
 4  as medical/surgical in which patients who require less care
 5  than that which is available in intensive care units or
 6  step-down units receive 24-hour inpatient general medical
 7  services, post-surgical services, or both general medical and
 8  post-surgical services. These units may include mixed patient
 9  populations of diverse diagnoses and diverse age groups.
10         (k)  No more than four patients may be assigned to each
11  registered nurse, so that the minimum registered
12  nurse-to-patient ratio in a specialty care unit is 1:4 or
13  fewer at any time. As used in this paragraph, the term
14  "specialty care unit" means a unit that is organized,
15  operated, and maintained to provide care for a specific
16  medical condition or a specific patient population, is more
17  comprehensive for the specific condition or disease process
18  than the care that is available on medical/surgical units, and
19  is not otherwise covered in this section.
20         (l)  No more than four patients may be assigned to each
21  registered nurse, so that the minimum registered
22  nurse-to-patient ratio in an acute care psychiatric unit is
23  1:4 or fewer at any time.
24  
25  Identifying a unit by a name or term other than those used in
26  this subsection does not affect the requirement to provide
27  staff for the unit at the ratio required for the level or type
28  of care provided in the unit, as set forth in this subsection.
29         (3)  STAFFING PLAN.--Each facility licensed under this
30  chapter shall ensure that it provides sufficient,
31  appropriately qualified nursing staff of each classification
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 1  in each department or unit within the facility in order to
 2  meet the individualized care needs of the patients. To
 3  accomplish this goal, each health care facility licensed under
 4  this chapter shall submit annually to the Agency for Health
 5  Care Administration a documented staffing plan together with a
 6  written certification that the staffing plan is sufficient to
 7  provide adequate and appropriate delivery of health care
 8  services to patients for the ensuing year. The staffing plan
 9  must:
10         (a)  Meet the minimum requirements set forth in
11  subsection (2);
12         (b)  Be adequate to meet any additional requirements
13  provided by other laws or rules;
14         (c)  Employ and identify an approved acuity system for
15  addressing fluctuations in actual patient acuity levels and
16  nursing care requirements requiring increased staffing levels
17  above the minimums set forth in the plan;
18         (d)  Factor in other unit or department activity, such
19  as discharges, transfers and admissions, and administrative
20  support tasks, which direct-care nurses are expected to do in
21  addition to performing direct nursing care;
22         (e)  Identify the assessment tool used to validate the
23  acuity system relied on in the plan;
24         (f)  Identify the system that will be used to document
25  actual daily staffing levels within each department or unit;
26         (g)  Include a written assessment of the accuracy of
27  the previous year's staffing plan in light of actual staffing
28  needs;
29         (h)  Identify each nurse staff classification
30  referenced in the staffing plan, together with a statement
31  
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 1  setting forth minimum qualifications for each such
 2  classification; and
 3         (i)  Be developed in consultation with the direct-care
 4  nursing staff within each department or unit or, if such staff
 5  is covered by a collective bargaining agreement, with the
 6  applicable recognized or certified collective bargaining
 7  representatives of the direct-care nursing staff.
 8         (4)  MINIMUM SKILL MIX.--The skill mix reflected in a
 9  documented staffing plan must assure that all of the following
10  elements of the nursing process are performed in the planning
11  and delivery of care for each patient: assessment, nursing
12  diagnosis, planning, intervention, evaluation, and patient
13  advocacy.
14         (a)  The skill mix may not incorporate or assume that
15  nursing care functions required by licensing law or rules or
16  accepted standards of practice to be performed by a licensed
17  nurse are to be performed by unlicensed assistant personnel.
18         (b)  A nurse may not be assigned or included in the
19  count of assigned nursing staff for purposes of compliance
20  with minimum staffing requirements in a nursing department or
21  unit or a clinical area within the health care facility unless
22  the nurse is qualified in the area of practice to which the
23  nurse is assigned.
24         (5)  COMPLIANCE WITH PLAN.--As a condition of
25  licensing, a health care facility must at all times provide
26  staff in accordance with its documented staffing plan and the
27  staffing standards set forth in this section; however, this
28  section does not preclude a health care facility from
29  implementing higher direct-care, nurse-to-patient staffing
30  levels.
31  
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 1         (6)  RECORDKEEPING.--The facility shall maintain
 2  records sufficient to allow the agency to determine the daily
 3  staffing ratios and skill mixes that the facility has
 4  maintained on each unit.
 5         Section 5.  Section 395.055, Florida Statutes, is
 6  created to read:
 7         395.055  Mandatory overtime.--
 8         (1)  An employee of a health care facility may not be
 9  required to work overtime as defined in s. 395.053. Compelling
10  or attempting to compel an employee to work overtime is
11  contrary to public policy and is a violation of this section.
12  The acceptance by any employee of overtime work is strictly
13  voluntary, and the refusal of an employee to accept such
14  overtime work may not be grounds for discrimination,
15  dismissal, discharge, or any other penalty; threats of reports
16  for discipline; or employment decisions adverse to the
17  employee.
18         (2)  This section does not apply to work that occurs:
19         (a)  Because of an unforeseeable emergent circumstance;
20         (b)  During prescheduled on-call time if, as of July 1,
21  2005, such prescheduled on-call time was a customary and
22  longstanding practice in the unit or department of the health
23  care facility; or
24         (c)  Because of unpredictable and unavoidable
25  occurrences relating to health care delivery which occur at
26  unscheduled intervals and require immediate action, if the
27  employer shows that the employer has exhausted reasonable
28  efforts to comply with the documented staffing plan. An
29  employer has not used reasonable efforts if overtime work is
30  used to fill vacancies resulting from chronic staff shortages.
31  
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 1         (3)  This section does not prohibit a health care
 2  employee from voluntarily working overtime.
 3         Section 6.  Section 395.056, Florida Statutes, is
 4  created to read:
 5         395.056  Employee rights.--
 6         (1)  A health care facility may not penalize,
 7  discriminate against, or retaliate in any manner against a
 8  direct-care registered nurse for refusing an assignment that
 9  would violate requirements set forth in this act.
10         (2)  A health care facility may not penalize,
11  discriminate against, or retaliate in any manner against an
12  employee with respect to compensation for, or terms,
13  conditions, or privileges of, employment if such an employee
14  in good faith, individually or in conjunction with another
15  person or persons:
16         (a)  Reports a violation or suspected violation of this
17  act to a regulatory agency, a private accreditation body, or
18  management personnel of the health care facility;
19         (b)  Initiates, cooperates in, or otherwise
20  participates in an investigation or proceeding brought by a
21  regulatory agency or private accreditation body concerning
22  matters covered by this act;
23         (c)  Informs or discusses with any other employee, with
24  any representative of the employees, with a patient or patient
25  representative, or with the public violations or suspected
26  violations of this act; or
27         (d)  Otherwise avails himself or herself of the rights
28  set forth in this act.
29         (3)  For purposes of this section, an employee is
30  acting in good faith if the employee reasonably believes that
31  
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 1  the information reported or disclosed is true and that a
 2  violation has occurred or may occur.
 3         Section 7.  Section 395.057, Florida Statutes, is
 4  created to read:
 5         395.057  Implementation and enforcement.--
 6         (1)  The Agency for Health Care Administration shall
 7  enforce compliance with the staffing plans and standards set
 8  forth in this act. The agency may adopt rules necessary to
 9  administer this act. At a minimum, the rules must provide for:
10         (a)  Unannounced, random compliance site visits to
11  licensed health care facilities subject to this act;
12         (b)  An accessible and confidential system by which the
13  public and nursing staff can report a health care facility's
14  failure to comply with this act;
15         (c)  A systematic means of investigating and correcting
16  violations of this act;
17         (d)  A graduated system of penalties, including fines,
18  withholding of reimbursement, suspension of admission to
19  specific units, and other appropriate measures, if violations
20  are not corrected; and
21         (e)  Public access to information regarding reports of
22  inspections, results, deficiencies, and corrections.
23         (3)  The agency shall develop rules for administering
24  this act which require compliance with staffing standards for
25  critical care units by July 1, 2006, and compliance with all
26  provisions of this act by July 1, 2008.
27         Section 8.  This act shall take effect July 1, 2005.
28  
29  
30  
31  
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 1            *****************************************
 2                          SENATE SUMMARY
 3    Creates the "Safe Staffing for Quality Care Act."
      Provides legislative findings. Defines terms. Prescribes
 4    safe staffing standards for health care facilities.
      Requires licensed facilities to submit an annual staffing
 5    plan to the Agency for Health Care Administration.
      Provides standards for the required skill mix. Requires
 6    compliance with the staffing plan. Requires
      recordkeeping. Prohibits mandatory overtime. Provides
 7    applicability. Provides to employees the right to refuse
      certain assignments and the right to report suspected
 8    violations of safe staffing standards without incurring a
      penalty. Provides for the agency to enforce compliance
 9    with the act. Requires the agency to develop rules.
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