Roadrunner Capitol Reports
Legislation Detail

HB 145 NURSING STAFF RATIO REQUIREMENTS

Rep Eleanor Chavez

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

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Summary:
 HB 145 requires the Department of Health to establish nurse staffing ratios with the advise of a nurse staffing advisory committee, administrarive penalties are provided to enforce the ratios.  
Legislation Overview:
 Synopsis: HB 145 relates to health care by requiring the Department of Health to promulgate and enforce a minimum nursing staff to patient ratio in licensed hospitals. The bill also requires the establishment of a staffing advisory committee and also requires licensed hospitals to develop and implement policies and procedures which would be subject to administrative penalties. HB 145 also declares an emergency.
Analysis: HB 145 makes modifications of the Public Health Act and would require the Department of Health to promulgate and enforce minimum nursing requirements for staff to patient ratios in licensed hospitals. This is to be enforced by administrative penalties. The creation of a nursing staffing committee is also required in HB 145. 
The administrative penalties may be enforced by a civil action brought by any interested person or organization, including the Department, for injunctive relief to enforce the provisions of HB 145, or any rules promulgated pursuant to those required at stated in this bill.  In the event such an action is at least partially successful, the court may award the interested person or organization litigation costs and reasonable attorney fees.
A staffing advisory committee is to be established with ten members who are geographically represented. 
The Department will appoint the members of which:  (1) two members shall be private hospital administrators or chief nursing officers; (2) two members shall be public hospital administrators or chief nursing officers; (3) two members shall be non-managerial and non-supervisory employees of private hospitals involved in direct patient care; (4) two members shall be non-managerial and non-supervisory employees of public hospitals involved in direct patient care; and (5) two members shall represent labor organizations representing employees in public or private hospitals. 
The members may serve a four year term and serve no more than three terms. Graduated terms will be required initially. 
The Department, with the advice of the staffing advisory committee, shall have the power to: (1) ensure that staffing ratios promulgated by the Department are maintained by a hospital; (2) waive staffing ratios for rural general acute care hospitals as needed to increase operational efficiency; provided that doing so would not jeopardize the health, safety and well-being of patients; and (3) seek injunctive relief for violations of this legislation. 
By July 1, 2025, the Department, with the advice of the staffing advisory committee, shall hold hearings and promulgate rules regarding: (1) minimum, specific and numerical staffing ratios for hospitals licensed by the Department pursuant to the Public Health Act, which shall include: (a) licensed nurse-to-patient ratios by licensed nurse classification and hospital unit; and (b) unlicensed employee-to-patient ratios by unlicensed classification and hospital unit for unlicensed employees involved in direct patient care; (2) rural general acute care hospital staffing needs; provided that the ratios promulgated pursuant to language provided in HB 145 maybe adjusted to accommodate these needs. 
Requirements for emergency Department staffing are also included in HB 145. Rules for staffing will be reviewed within five years. 
These modifications of the Public Health Act are believed to be necessary for the public peace, health and safety that this act take effect immediately