Current Legislative Initiatives affecting PeriOperative Nursing
Workplace Safety Issues
Mandatory Overtime Restrictions / Prohibitions – legislation that restricts or prohibits healthcare facilities from requiring nurses (and other healthcare providers) to work mandatory overtime. The bill language often includes an exception for emergencies and protection for whistleblowers who report violations of the mandatory overtime standards.
- AK SB 28
- IL HB 417
- MA SB 1244
- MI HB 4341
- NY S 5262, NY S 6362, NY A 8107, NY S 2482: Legislation Enacted in 2008
- OH HB 185 / SB 65
- PA HB 834 / SB 835
- WA HB 1306 / SB 5848
- WA HB 2824
- WV HB 2487
- FED HB 2122 / SB 1842
Safe Patient Handling – legislation requiring hospitals to develop and implement “safe patient handling” standards including establishing lift teams, incorporating the use of patient lift equipment, and establishing workgroups or committees to study the effectiveness of such programs.
- CA SB 171
- FL HB 471 / SB 508
- HI SB 2100
- MA HB 2052
- MI HB 4013 / SB 377
- MN HB 712 / SB 828
- MO HB 1940
- VT HB 421 / SB 141
- FED HB 378
Staffing – Generally, this legislation comes in one of two forms. The first is the establishment of direct-care nurse-to-patient ratios for each hospital department. The second approach requires hospitals, through hospital-specific committees, to develop and implement staffing plans based on patient acuity and other factors.
RATIOS
- AZ HB 2041
- FL SB 1338
- HI HB 2878
- IL HB 392, SB 605
- MI HB 4339
- NJ HB 1531
- NY A 5196, NY A 8107, NY S 620
- PA HB 171
- WA HB 2187 / SB 6057
- WV HB 2487
- FED HB 2123, FED HB 4138 / SB 73
STAFFING PLANS
- IL SB 361
- MA HB 2059, MA SB 1244
- MD SB 765
- MI HB 4340
- MO HB 1846
- NY A 6119 / S 1551, NY S 2482
- OH HB 346
- WA HB 1809 / SB 5696
Whistleblower Protections – legislation that protects certain healthcare providers (including nurses) from being Retaliated against for reporting certain healthcare violations by healthcare facilities.
- IA HB 182, IA HB 212
- MO HB 1816
Patient Safety Issues
Infection Reporting:
- AK SB 62 – Creates a Task Force
- AZ SB 1356 – Establishes the infection control and prevention advisory committee
- DE HB 47 – Requires quarterly reporting
- GA HB 61 – Requires reporting
- HI HB 1438 – Requires reporting and availability to public
- KS HB 2342 – Creates Advisory Committee
- MD SB 102 – Requires healthcare facilities to develop Health Care-Associated Infection Prevention and Control Program
- MI HB 4158 – Requires reporting
- MN HB 1076 / SB 755 – Requires public reporting
- MS SB 2090 – Requires quarterly reports on infection rates
- NC HB 1738 – Establishes an advisory committee
- NH HB 1503 – Funds development of reporting system by Department of Health
- NJ SB 147 – Requires reporting and availability to the public
- NM HB 455 – Requires reporting of quality indicators, financial data, and infection rates
- NY A 2622 – Requires reporting
- NY A 9270 – Requires reporting of certain staphylococcus infections
- NY S 6187 – Provides for notification to hospital patients upon intake of reports of hospital-acquired infections
- OK HB 2458 – Create system to track infection rates and make information available to the public
- PA HB 1552 – Creates Pennsylvania Infection Control Advisory Committee
- SC HB 3380 – Hospital Infections Disclosure Act
- WV HB 4418 – Requires reporting and that information be made available to the public
- FED HB 1174 – Requires public reporting and incentive programs for infection reductions
Error / Adverse Event Reporting:
- FL SB 1370 – Requires the FL Patient Safety Corporation to make adverse event reports available and establish best practice recommendations based on them
- HI SB 701 – Requires Department of Health to collect data and submit reports on adverse events in hospitals
- MS SB 2091 – Requires hospitals and ASCs to annually report certain errors and occurrences
- NJ SB 807 – Requires Department of Health to make reported information publicly available
- NY S 2685 - Requires hospitals to report to patients certain incidents adversely impacting the patients
- NY A 9608 – Requires notification to patients if it is determined that a healthcare provider exposed them to a communicable disease through reckless conduct
- PA HB 353 - Establishes a reporting system for adverse health care events
- RI SB 650 - Requires hospitals to participate in a comprehensive program to improve patient safety and reduce medical errors
- SD SB 33 - Requires hospitals to report certain adverse health care events
- WA HB 2670 / SB 6457 – Modifies reporting requirements by allowing facilities to submit contextual information about best practices and prevention tools
- WY HB 110 – Requires the Department of Health to define safety events for purposes of mandatory reporting by healthcare facilities
For the most current information, use the AORN Legislative Tracking database or contact the Department of Government Affairs at govtaffairs@aorn.org.