Transcript Nursing Legislative Update

Nursing Legislative
Update
Summary Current
NYS Legislative
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Mandatory Overtime
Safe Staffing
Education Advancement
Workplace Violence
Defining nursing as a ‘physically taxing’
occupation
A01898 Summary
Mandatory Overtime
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Restricts consecutive hours of work by nurses; provides that no health care
employer shall require a nurse to remain on duty for a period longer than 8
consecutive hours or 40 hours in a 7 day workweek except as consistent
with the nurse’s regularly scheduled work hours, and that no such
employer shall require a nurse to work more than that nurse`s regularly
scheduled work hours except in certain specified emergency situations;
provides such provisions do not prohibit a nurse from voluntarily working
overtime; adds definitions; provides that the refusal of a nurse to work
beyond regularly scheduled hours shall not constitute professional
misconduct if such nurse notified the supervisor of his or her unavailability
under such provisions.
A02480 Summary:
Education Advancement
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An ACT to amend the administrative codes of New York City to expand physically
taxing classification to include the nursing profession for the purpose of eligibility for
early retirement benefits Nurses and midwives work in a demanding, stressful
environment where proper decision making is a critical function of the job. Understaffing has resulted in nurses working longer hours caring for sicker, needier
patients. The proposed legislation would allow nurses and midwives employed by
New York City`s Health and Hospital Corporation to retire under the age fifty-five
improved benefit pan for those members in physically taxing positions. Many titles in
NYCERS are able to participate in this plan. The addition of registered nurses and
midwives will recognize the physically and mentally demanding requirements of their
positions and provide a retirement benefit to recognize this work.
(Source: http://assembly.state.ny.us/leg)
A03873 Summary:
Defining nursing as a ‘physically taxing’
occupation
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Relates to pensions of registered nurse members and midwife members of the New
York city employees’ retirement system; grants physically taxing status to such
members.
An act to amend the administrative code of the city of New York and the retirement
and social security law, in relation to the pensions of registered nurse and midwife
members of the New York city employees’ retirement system
The proposed legislation would allow nurses and midwives employed by New York
City’s Health and Hospital Corporation to retire under the age fifty-five improved
benefit pan for those members in physically taxing positions. Many titles in NYCERS
are able to participate in this plan.The addition of registered nurses and midwives will
recognize the physically and mentally demanding requirements of their positions and
provide a retirement benefit to recognize this work.
(Source: http://assembly.state.ny.us/leg)
A06119 Summary:
Safe Staffing
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Enacts the "safe staffing for quality care act" to require acute care facilities to
implement certain direct-care nurse to patient ratios in all nursing units; sets
minimum staffing requirements; requires every such facility to submit a documented
staffing plan to the department on an annual basis and upon application for an
operating certificate; requires acute care facilities to maintain staffing records during
all shifts; authorizes nurses to refuse work assignments if the assignment exceeds
the nurse`s abilities or if minimum staffing is not present; requires public access to
documented staffing plans;imposes civil penalties for violations of such provisions;
establishes private right of action for nurses discriminated against for refusing any
illegal work assignment.
(Source: http://assembly.state.ny.us/leg)
A06186 Summary:
Workplace Violence
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Adds registered nurse and license practical nurse to assault of emergency medical
professionals and provides for class C and D felonies for physical injury to them.
JUSTIFICATION: Each year, countless acts of violence are inflicted upon emergency medical
professionals while in the line of duty. They are subject to intimidation, harassment, physical
assault and numerous other forms of emotional, verbal and physical abuse that include
choking, stabbing and threatening. An unfortunate element of this abuse is that a large
percentage goes unreported, thus allowing patients to not be held responsible for their actions.
The unpunished behavior, which leads to lower job satisfaction and increased staff shortages,
sends a message to those present that violence or abuse is an acceptable means of
expression. Because the health care field is experiencing an overwhelming shortage of nurses, it
is imperative that every measure be taken to ensure the protection of their safety. It is most
important to visibly establish that violent or abusive reactions are not appropriate and have
severe consequences. By amending the existing definition of assault as a Class C felony on
emergency medical services professionals to include registered nurses and licensed practical
nurses along with peace officers, police officers and firefighters, an important standard will be
established within the medical field that violence against medic al professionals is not
acceptable and will not be tolerated.
(Source: http://assembly.state.ny.us/leg)
STATE BUDGET VICTORIES
NYSNA successfully lobbied for inclusion of the following in the state budget:
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Support for Nursing Programs: $1,027,000 in new money to assist independent
colleges and universities to expand and improve their nursing education programs.
The funds are available to associate degree and baccalaureate programs at nonprofit
institutions. Assistance to schools will be provided on a per-student basis, with $250
per student going to two-year programs and $500 per student going to four-year
programs.
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Nursing Faculty Support: $4 million available to students through the Patricia K.
McGee Nursing Faculty Scholarship and Loan Forgiveness Program will be allocated
for scholarships. The program, which has been in place for two years, previously
allocated $1 million for scholarships. The program provides assistance to RNs who
are earning advanced degrees in order to teach nursing. Funds will be available to
students pursuing either a master’s or doctoral degree.
Nursing and
Legislation
Four (4) Main Steps in Public
Policy Formation
1.
2.
3.
4.
Setting an agenda
Determining the amount of government
response that will be directed toward the
issue
Legislator produces and introduces a
law, regulation or program to address the
problem
Implementation of the program
(DesJardin, 2001)
Factors Affecting Public
Policy Development
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The size of an issue
Legislation can become partisan
Timing
Political Influence
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Nurses can use its three elements of
influence
Communication
 Collectivity
 Collegiality
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The Role of the Professional
Organization
Assist nurses with political decision making
 Providing background information
 Screening political candidates
 Supporting educational activities that
address the political process, policy
development, empowerment strategies
and ethical decision making.
(DesJardin, 2001)
Your Role in the Political
Process
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Be informed!
Start by writing and calling your representative
Encourage your colleagues to write letters, to
get the word out ….
Follow-up your letter or telephone call
Send copies of letters to others
Educate the public
Be involved at community, professional and
institutional levels
Participate in the legislative process. VOTE!
Information
NYS Assembly
 http://assembly.state.ny.us/
NYSNA
 http://www.nysna.org
ANA
 www.ana.org
Set Alerts using www.google.com
References
DesJardin, Karen, E. Political involvement in nursing—education and empowerment Home Study Program - Cover Story. AORN Journal, 2001, VOL 74; PART 5, pages
613-631
DesJardin, Karen, E. Political involvement in nursing--education and empowerment.
AORN J. 2001 Oct;74(4):467-75; quiz 476-9, 481-2.
New York State Nurses Association. www.nysna.org
American Nurses Association. www.ana.org
New York State Assembly. http://assembly.state.ny.us/