HB 2080 -- Minimum Licensed Nursing Staffing Ratios

Sponsor:  Kennedy

In order to ensure the adequate protection of patients in acute
care settings, this bill requires minimum licensed nurse-to--
patient staffing ratios for hospital care units on a shift-by--
shift and day-by-day basis.

Effective July 1, 2001, the Department of Health is required to
adopt rules that establish the minimum licensed nurse-to-patient
staffing ratios according to the provisions of the bill.
Hospitals are required to provide licensed nursing staff
according to the established ratios.

Hospitals are prohibited from assigning unlicensed personnel to
perform nursing functions in lieu of a registered nurse or allow
unlicensed personnel to perform functions under the direct
clinical supervision of a registered nurse as stated in the bill.

Licensed hospitals are required to adopt written policies and
procedures concerning the training and orientation of nursing
staff.  Nurses and other direct care staff are required to
receive an orientation to clinical areas before being assigned
to such areas.

If inconsistencies exist between the required minimum staffing
ratios established in the bill and provisions or administrative
rules defining the scope of nursing practice, the scope of
nursing practice provisions take precedence.

Hospitals that fail to comply with the bill are subject to
license revocation, a fine not exceeding $10,000, or both.
Hospitals are also subject to civil penalties not exceeding
$1,000 for each violation.  The penalty provisions of the bill
are in addition to other penalties that may be prescribed by law.