Florida Senate - 2018 SB 638 By Senator Campbell 38-00082-18 2018638__ 1 A bill to be entitled 2 An act relating to delivery of nursing services; 3 creating the “Florida Hospital Patient Protection 4 Act”; creating s. 395.1014, F.S.; providing 5 legislative findings; defining terms; requiring that 6 each health care facility implement a staffing plan 7 that provides minimum direct care registered nursing 8 staffing levels; requiring a direct care registered 9 nurse to demonstrate competence and to receive 10 specified orientation before being assigned to a 11 hospital or clinical unit; prohibiting a health care 12 facility from imposing mandatory overtime and from 13 engaging in certain other actions; providing 14 requirements for the staffing plan; specifying the 15 required ratios of direct care registered nurses to 16 patients for each type of care provided; prohibiting a 17 health care facility from using an acuity adjustable 18 unit to care for a patient; prohibiting a health care 19 facility from using video cameras or monitors as 20 substitutes for the required level of care; providing 21 an exception during a declared state of emergency; 22 requiring that the chief nursing officer of a health 23 care facility, or his or her designee, develop a 24 staffing plan that meets the required direct care 25 registered nurse staffing levels; requiring that a 26 health care facility annually evaluate its actual 27 direct care registered nurse staffing levels and 28 update the staffing plan and acuity-based patient 29 classification system; requiring that certain 30 documentation be submitted to the Agency for Health 31 Care Administration and be made available for public 32 inspection; requiring that the agency approve uniform 33 standards for use by health care facilities in 34 establishing nurse staffing requirements by a 35 specified date; providing requirements for the 36 committee members who are appointed to develop the 37 uniform standards; requiring health care facilities to 38 annually report certain information to the agency and 39 to post a notice containing such information in each 40 unit of the facility; providing recordkeeping 41 requirements; prohibiting a health care facility from 42 assigning unlicensed personnel to perform functions or 43 tasks that are performed by a licensed or registered 44 nurse; specifying those actions that constitute 45 professional practice by a direct care registered 46 nurse; requiring that a patient assessment be 47 performed only by a direct care registered nurse; 48 authorizing a direct care registered nurse to assign 49 certain specified activities to other licensed or 50 unlicensed nursing staff under certain circumstances; 51 prohibiting a health care facility from deploying 52 technology that limits certain care provided by a 53 direct care registered nurse; providing applicability; 54 providing that it is a duty and right of a direct care 55 registered nurse to act as the patient’s advocate; 56 providing certain requirements with respect to such 57 duty; prohibiting a direct care registered nurse from 58 accepting an assignment under specified circumstances; 59 authorizing a direct care registered nurse to refuse 60 to accept an assignment or to perform a task under 61 certain circumstances; requiring a direct care 62 registered nurse to initiate action or to change a 63 decision or an activity relating to a patient’s health 64 care under certain circumstances; prohibiting a health 65 care facility from discharging, or from 66 discriminating, retaliating, or filing a complaint or 67 report against, a direct care registered nurse based 68 on such refusal; providing that a direct care 69 registered nurse has a right of action against a 70 health care facility that violates certain provisions; 71 requiring that the agency establish a toll-free 72 telephone hotline to provide information and to 73 receive reports of certain violations; requiring that 74 certain information be provided to each patient who is 75 admitted to a health care facility; prohibiting a 76 health care facility from engaging in certain actions; 77 prohibiting a health care facility from interfering 78 with the right of nurses to organize, bargain 79 collectively, and engage in concerted activity under a 80 federal act; authorizing the agency to impose fines 81 for violations; requiring that the agency post on its 82 website information regarding health care facilities 83 on which civil penalties have been imposed; providing 84 an effective date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1. Short title.—This act may be cited as the 89 “Florida Hospital Patient Protection Act.” 90 Section 2. Section 395.1014, Florida Statutes, is created 91 to read: 92 395.1014 Health care facility patient care standards.— 93 (1) LEGISLATIVE FINDINGS.—The Legislature finds that: 94 (a) The state has a substantial interest in ensuring that, 95 in the delivery of health care services to patients, health care 96 facilities retain sufficient nursing staff so as to promote 97 optimal health care outcomes. 98 (b) Health care services are becoming more complex and it 99 is increasingly difficult for patients to access integrated 100 services. Competent, safe, therapeutic, and effective patient 101 care is jeopardized because of staffing changes implemented in 102 response to market-driven managed care. In order to ensure 103 effective protection of patients in acute care settings, it is 104 essential that qualified direct care registered nurses be 105 accessible and available to meet the individual needs of the 106 patient at all times. Also, in order to ensure the health and 107 welfare of residents and to ensure that hospital nursing care is 108 provided in the exclusive interests of patients, mandatory 109 practice standards and professional practice protections for 110 professional direct care registered nursing staff must be 111 established. Direct care registered nurses have a duty to care 112 for assigned patients and a necessary duty of individual and 113 collective patient advocacy in order to satisfy professional 114 obligations. 115 (c) The basic principles of staffing in hospital settings 116 should be based on the care needs of the individual patient, the 117 severity of the patient’s condition, the services needed, and 118 the complexity surrounding those services. Current unsafe 119 practices by hospital direct care registered nursing staff have 120 resulted in adverse patient outcomes. Mandating the adoption of 121 uniform, minimum, numerical, and specific registered nurse-to 122 patient staffing ratios by licensed hospital facilities is 123 necessary for competent, safe, therapeutic, and effective 124 professional nursing care and for the retention and recruitment 125 of qualified direct care registered nurses. 126 (d) Direct care registered nurses must be able to advocate 127 for their patients without fear of retaliation from their 128 employers. Whistle-blower protections that encourage registered 129 nurses and patients to notify governmental and private 130 accreditation entities of suspected unsafe patient conditions, 131 including protection against retaliation for refusing unsafe 132 patient care assignments, will greatly enhance the health, 133 safety, and welfare of patients. 134 (e) Direct care registered nurses have an irrevocable duty 135 and right to advocate on behalf of their patients’ interests, 136 and this duty and right may not be encumbered by cost-saving 137 practices. 138 (2) DEFINITIONS.—As used in this section, the term: 139 (a) “Acuity-based patient classification system” or 140 “patient classification system” means an established measurement 141 tool that: 142 1. Predicts registered nursing care requirements for 143 individual patients based on the severity of a patient’s 144 illness; the need for specialized equipment and technology; the 145 intensity of required nursing interventions; the complexity of 146 clinical nursing judgment required to design, implement, and 147 evaluate the patient nursing care plan consistent with 148 professional standards; the ability for self-care, including 149 motor, sensory, and cognitive deficits; and the need for 150 advocacy intervention; 151 2. Details the amount of nursing care needed and the 152 additional number of direct care registered nurses and other 153 licensed and unlicensed nursing staff that the hospital must 154 assign, based on the independent professional judgment of a 155 direct care registered nurse, in order to meet the needs of 156 individual patients at all times; and 157 3. Can be readily understood and used by direct care 158 nursing staff. 159 (b) “Ancillary support staff” means the personnel assigned 160 to assist in providing nursing services for the delivery of 161 safe, therapeutic, and effective patient care, including unit or 162 ward clerks and secretaries, clinical technicians, respiratory 163 therapists, and radiology, laboratory, housekeeping, and dietary 164 personnel. 165 (c) “Clinical supervision” means the assignment and 166 direction of a patient care task required in the implementation 167 of nursing care for a patient to other licensed nursing staff or 168 to unlicensed staff by a direct care registered nurse in the 169 exclusive interest of the patient. 170 (d) “Competence” means the ability of a direct care 171 registered nurse to act and integrate the knowledge, skill, 172 abilities, and independent professional judgment that underpin 173 safe, therapeutic, and effective patient care. 174 (e) “Declared state of emergency” means an officially 175 designated state of emergency that has been declared by a 176 federal, state, or local government official who has the 177 authority to declare the state of emergency. The term does not 178 include a state of emergency that results from a labor dispute 179 in the health care industry. 180 (f) “Direct care registered nurse” means a registered nurse 181 or licensed practical nurse, as defined in s. 464.003: 182 1. Who is licensed by the Board of Nursing to engage in the 183 practice of professional nursing or the practice of practical 184 nursing, as defined in s. 464.003; 185 2. Whose competence has been documented; and 186 3. Who has accepted a direct, hands-on patient care 187 assignment to implement medical and nursing regimens and provide 188 related clinical supervision of patient care while exercising 189 independent professional judgment at all times in the exclusive 190 interest of the patient. 191 (g) “Health care facility unit” means an acute care 192 hospital; an emergency care, ambulatory, or outpatient surgery 193 facility licensed under this chapter; or a psychiatric facility 194 licensed under chapter 394. 195 (h) “Hospital unit” or “clinical unit” means an acuity 196 adjustable unit, a critical care unit or intensive care unit, 197 labor and delivery room, antepartum and postpartum unit, newborn 198 nursery, postanesthesia unit, emergency department, operating 199 room, pediatric unit, rehabilitation unit, skilled nursing unit, 200 specialty care unit, step-down unit or intermediate intensive 201 care unit, surgical unit, telemetry unit, or psychiatric unit. 202 1. “Acuity adjustable unit” means a unit that adjusts a 203 room’s technology, monitoring systems, and intensity of nursing 204 care based on the severity of the patient’s condition. 205 2. “Critical care unit” or “intensive care unit” means a 206 nursing unit established to safeguard and protect a patient 207 whose severity of medical condition requires continuous 208 monitoring and complex intervention by a direct care registered 209 nurse and whose restorative measures and level of nursing 210 intensity require intensive care through direct observation by a 211 direct care registered nurse and complex monitoring, intensive 212 intricate assessment, evaluation, specialized rapid 213 intervention, and education or teaching of the patient, the 214 patient’s family, or other representatives by a competent and 215 experienced direct care registered nurse. The term includes a 216 burn unit, a coronary care unit, or an acute respiratory unit. 217 3. “Rehabilitation unit” means a functional clinical unit 218 established to provide rehabilitation services that restore an 219 ill or injured patient to the highest level of self-sufficiency 220 or gainful employment of which he or she is capable in the 221 shortest possible time, compatible with his or her physical, 222 intellectual, and emotional or psychological capabilities, and 223 in accordance with planned goals and objectives. 224 4. “Skilled nursing unit” means a functional clinical unit 225 established to provide skilled nursing care and supportive care 226 to patients whose primary need is for skilled nursing care on a 227 long-term basis and who are admitted after at least a 48-hour 228 period of continuous inpatient care. The term includes, but is 229 not limited to, a unit established to provide medical, nursing, 230 dietary, and pharmaceutical services and activity programs. 231 5. “Specialty care unit” means a unit established to 232 safeguard and protect a patient whose severity of illness, 233 including all co-occurring morbidities, restorative measures, 234 and level of nursing intensity, requires continuous care through 235 direct observation by a direct care registered nurse and 236 monitoring, multiple assessments, specialized interventions, 237 evaluations, and education or teaching of the patient, the 238 patient’s family, or other representatives by a competent and 239 experienced direct care registered nurse. The term includes, but 240 is not limited to, a unit established to provide the intensity 241 of care required for a specific medical condition or a specific 242 patient population or to provide more comprehensive care for a 243 specific condition or disease than the care required in a 244 surgical unit. 245 6. “Step-down unit” or “intermediate intensive care unit” 246 means a unit established to safeguard and protect a patient 247 whose severity of illness, including all co-occurring 248 morbidities, restorative measures, and level of nursing 249 intensity, requires intermediate intensive care through direct 250 observation by a direct care registered nurse and monitoring, 251 multiple assessments, specialized interventions, evaluations, 252 and education or teaching of the patient, the patient’s family, 253 or other representatives by a competent and experienced direct 254 care registered nurse. The term includes units established to 255 provide care to patients who have moderate or potentially severe 256 physiological instability requiring technical support, but not 257 necessarily artificial life support. As used in this 258 subparagraph, the term: 259 a. “Artificial life support” means a system that uses 260 medical technology to aid, support, or replace a vital function 261 of the body which has been seriously damaged. 262 b. “Technical support” means the use of specialized 263 equipment by a direct care registered nurse in providing for 264 invasive monitoring, telemetry, and mechanical ventilation for 265 the immediate amelioration or remediation of severe pathology 266 for a patient requiring less care than intensive care, but more 267 care than the care provided in a surgical unit. 268 7. “Surgical unit” means a unit established to safeguard 269 and protect a patient whose severity of illness, including all 270 co-occurring morbidities, restorative measures, and level of 271 nursing intensity, requires continuous care through direct 272 observation by a direct care registered nurse and monitoring, 273 multiple assessments, specialized interventions, evaluations, 274 and education or teaching of the patient, the patient’s family, 275 or other representatives by a competent and experienced direct 276 care registered nurse. These units may include patients 277 requiring less than intensive care or step-down care; patients 278 receiving 24-hour inpatient general medical care, postsurgical 279 care, or both general medical and postsurgical care; and mixed 280 populations of patients of diverse diagnoses and diverse ages, 281 but excluding pediatric patients. 282 8. “Telemetry unit” means a unit established to safeguard 283 and protect a patient whose severity of illness, including all 284 co-occurring morbidities, restorative measures, and level of 285 nursing intensity, requires intermediate intensive care through 286 direct observation by a direct care registered nurse and 287 monitoring, multiple assessments, specialized interventions, 288 evaluations, and education or teaching of the patient, the 289 patient’s family, or other representatives by a competent and 290 experienced direct care registered nurse. A telemetry unit 291 includes the equipment used to provide for the electronic 292 monitoring, recording, retrieval, and display of cardiac 293 electrical signals. 294 (i) “Long-term acute care hospital” means a hospital or 295 health care facility that specializes in providing long-term 296 acute care to medically complex patients. The term includes a 297 freestanding and hospital-within-hospital model of a long-term 298 acute care facility. 299 (j) “Overtime” means the hours worked in excess of: 300 1. An agreed-upon, predetermined, regularly scheduled 301 shift; 302 2. Twelve hours in a 24-hour period; or 303 3. Eighty hours in a 14-day period. 304 (k) “Patient assessment” means the use of critical thinking 305 by a direct care registered nurse and the intellectually 306 disciplined process of actively and skillfully interpreting, 307 applying, analyzing, synthesizing, or evaluating data obtained 308 through direct observation and communication with others. 309 (l) “Professional judgment” means the intellectual, 310 educated, informed, and experienced process that a direct care 311 registered nurse exercises in forming an opinion and reaching a 312 clinical decision that is in the patient’s best interest and is 313 based upon analysis of data, information, and scientific 314 evidence. 315 (m) “Skill mix” means the differences in licensing, 316 specialty, and experience among direct care registered nurses. 317 (3) MINIMUM DIRECT CARE REGISTERED NURSE STAFFING LEVEL 318 REQUIREMENTS.— 319 (a) A health care facility shall implement a staffing plan 320 that provides for a minimum direct care registered nurse 321 staffing level in accordance with the general requirements set 322 forth in this subsection and the directed care registered nurse 323 staffing levels in a clinical unit as specified in paragraph 324 (b). Staffing levels for patient care tasks that do not require 325 a direct care registered nurse are not included within these 326 ratios and shall be determined pursuant to an acuity-based 327 patient classification system defined by agency rule. 328 1. A health care facility may not assign a direct care 329 registered nurse to a clinical unit unless the health care 330 facility and the direct care registered nurse determine that the 331 nurse has demonstrated competence in providing care in the 332 clinical unit and has also received orientation in the clinical 333 unit’s area of specialty which is sufficient to provide 334 competent, safe, therapeutic, and effective care to a patient in 335 that area. The policies and procedures of the health care 336 facility must contain the criteria for making this 337 determination. 338 2. The direct care registered nurse staffing levels 339 represent the maximum number of patients that may be assigned to 340 one direct care registered nurse at any one time. 341 3. A health care facility: 342 a. May not average the number of patients and the total 343 number of direct care registered nurses assigned to patients in 344 a hospital unit or clinical unit during any period for purposes 345 of meeting the requirements under this subsection. 346 b. May not impose mandatory overtime in order to meet the 347 minimum direct care registered nurse staffing levels in the 348 hospital unit or clinical unit which are required under this 349 subsection. 350 c. Shall ensure that only a direct care registered nurse 351 may relieve another direct care registered nurse during breaks, 352 meals, and routine absences from a hospital unit or clinical 353 unit. 354 d. May not lay off licensed practical nurses, licensed 355 psychiatric technicians, certified nursing assistants, or other 356 ancillary support staff in order to meet the direct care 357 registered nurse staffing levels required in this subsection for 358 a hospital unit or clinical unit. 359 4. Only a direct care registered nurse may be assigned to 360 an intensive care newborn nursery service unit, which 361 specifically requires a direct care registered nurse staffing 362 level of one nurse to two or fewer infants at all times. 363 5. In the emergency department, only a direct care 364 registered nurse may be assigned to a triage patient or a 365 critical care patient. 366 a. The direct care registered nurse staffing level for 367 triage patients or critical care patients in the emergency 368 department must be one nurse to two or fewer patients at all 369 times. 370 b. At least two direct care registered nurses must be 371 physically present in the emergency department when a patient is 372 present. 373 c. Triage, radio, specialty, or flight registered nurses do 374 not count in the calculation of direct care registered nurse 375 staffing levels. Triage registered nurses may not be assigned 376 the responsibility of the base radio. 377 6. Only a direct care registered nurse may be assigned to a 378 labor and delivery unit. 379 a. The direct care registered nurse staffing level must be 380 one nurse to one active labor patient, or one patient having 381 medical or obstetrical complications, during the initiation of 382 epidural anesthesia and during circulation for a caesarean 383 section delivery. 384 b. The direct care registered nurse staffing level for 385 antepartum patients who are not in active labor must be one 386 nurse to three or fewer patients at all times. 387 c. In the event of a caesarean delivery, the direct care 388 registered nurse staffing level must be one nurse to four or 389 fewer mother-plus-infant couplets. 390 d. In the event of multiple births, the direct care 391 registered nurse staffing level must be one nurse to six or 392 fewer mother-plus-infant couplets. 393 e. The direct care registered nurse staffing level for 394 postpartum areas in which the direct care registered nurse’s 395 assignment consists of only mothers must be one nurse to four or 396 fewer patients at all times. 397 f. The direct care registered nurse staffing level for 398 postpartum patients or postsurgical gynecological patients must 399 be one nurse to four or fewer patients at all times. 400 g. The direct care registered nurse staffing level for the 401 well-baby nursery must be one nurse to five or fewer patients at 402 all times. 403 h. The direct care registered nurse staffing level for 404 unstable newborns and newborns in the resuscitation period as 405 assessed by a direct care registered nurse must be at least one 406 nurse to one patient at all times. 407 i. The direct care registered nurse staffing level for 408 newborns must be one nurse to four or fewer patients at all 409 times. 410 7. The direct care registered nurse staffing level for 411 patients receiving conscious sedation must be at least one nurse 412 to one patient at all times. 413 (b) A health care facility’s staffing plan must provide 414 that, at all times during each shift within a unit of the 415 facility, a direct care registered nurse is assigned to not more 416 than: 417 1. One patient in a trauma emergency unit; 418 2. One patient in an operating room unit. The operating 419 room must have at least one direct care registered nurse 420 assigned to the duties of the circulating registered nurse and a 421 minimum of one additional person as a scrub assistant for each 422 patient-occupied operating room; 423 3. Two patients in a critical care unit, including neonatal 424 intensive care units; emergency critical care and intensive care 425 units; labor and delivery units; coronary care units; acute 426 respiratory care units; postanesthesia units, regardless of the 427 type of anesthesia received; and postpartum units, so that the 428 direct care registered nurse staffing level is one nurse to two 429 or fewer patients at all times; 430 4. Three patients in an emergency room unit; step-down unit 431 or intermediate intensive care unit; pediatric unit; telemetry 432 unit; or combined labor and postpartum unit so that the direct 433 care registered nurse staffing level is one nurse to three or 434 fewer patients at all times; 435 5. Four patients in a surgical unit, antepartum unit, 436 intermediate care nursery unit, psychiatric unit, or presurgical 437 or other specialty care unit so that the direct care registered 438 nurse staffing level is one nurse to four or fewer patients at 439 all times; 440 6. Five patients in a rehabilitation unit or skilled 441 nursing unit so that the direct care registered nurse staffing 442 level is one nurse to five or fewer patients at all times; 443 7. Six patients in a well-baby nursery unit so that the 444 direct care registered nurse staffing level is one nurse to six 445 or fewer patients at all times; or 446 8. Three mother-plus-infant couplets in a postpartum unit 447 so that the direct care registered nurse staffing level is one 448 nurse to three or fewer mother-plus-infant couplets at all 449 times. 450 (c)1. Identifying a hospital unit or clinical unit by a 451 name or term other than those defined in subsection (2) does not 452 affect the requirement of direct care registered nurse staffing 453 levels identified for the level of intensity or type of care 454 described in paragraphs (a) and (b). 455 2. Patients shall be cared for only in hospital units or 456 clinical units in which the level of intensity, type of care, 457 and direct care registered nurse staffing levels meet the 458 individual requirements and needs of each patient. A health care 459 facility may not use an acuity adjustable unit to care for a 460 patient. 461 3. A health care facility may not use a video camera or 462 monitor or any form of electronic visualization of a patient to 463 substitute for the direct observation required for patient 464 assessment by the direct care registered nurse and for patient 465 protection provided by an attendant. 466 (d) The requirements established under this subsection do 467 not apply during a declared state of emergency if a health care 468 facility is requested or expected to provide an exceptional 469 level of emergency or other medical services. 470 (e) The chief nursing officer or his or her designee shall 471 develop a staffing plan for each hospital unit or clinical unit. 472 1. The staffing plan must be in writing and, based on 473 individual patient care needs determined by the acuity-based 474 patient classification system, must specify individual patient 475 care requirements and the staffing levels for direct care 476 registered nurses and other licensed and unlicensed personnel. 477 The direct care registered nurse staffing level on any shift may 478 not fall below the requirements in paragraphs (a) and (b) at any 479 time. 480 2. In addition to the requirements of direct care 481 registered nurse staffing levels in paragraphs (a) and (b), each 482 health care facility shall assign additional nursing staff, such 483 as licensed practical nurses, licensed psychiatric technicians, 484 and certified nursing assistants, through the implementation of 485 a valid acuity-based patient classification system for 486 determining nursing care needs of individual patients which 487 reflects the assessment of patient nursing care requirements 488 made by the assigned direct care registered nurse and which 489 provides for shift-by-shift staffing based on those 490 requirements. The direct care registered nurse staffing levels 491 specified in paragraphs (a) and (b) constitute the minimum 492 number of direct care registered nurses who shall be assigned to 493 provide direct patient care. 494 3. In developing the staffing plan, a health care facility 495 shall provide for direct care registered nurse staffing levels 496 that are above the minimum levels required in paragraphs (a) and 497 (b) based upon consideration of the following factors: 498 a. The number of patients and acuity level of patients as 499 determined by the application of a patient classification system 500 on a shift-by-shift basis. 501 b. The anticipated admissions, discharges, and transfers of 502 patients during each shift which affect direct patient care. 503 c. The specialized experience required of direct care 504 registered nurses on a particular hospital unit or clinical 505 unit. 506 d. Staffing levels of other health care personnel who 507 provide services for direct patient care needs that normally do 508 not require care by a direct care registered nurse. 509 e. The level of efficacy of technology that is available 510 and that affects the delivery of direct patient care. 511 f. The level of familiarity with hospital practices, 512 policies, and procedures by a direct care registered nurse from 513 a temporary agency during a shift. 514 g. Obstacles to efficiency in the delivery of patient care 515 caused by the physical layout of the health care facility. 516 4. A health care facility shall specify the acuity-based 517 patient classification system used to document actual staffing 518 in each unit for each shift. 519 5. A health care facility shall annually evaluate: 520 a. The reliability of the acuity-based patient 521 classification system for validating staffing requirements in 522 order to determine whether the patient classification system 523 accurately measures individual patient care needs and accurately 524 predicts the staffing requirements for direct care registered 525 nurses, licensed practical nurses, licensed psychiatric 526 technicians, and certified nursing assistants, based exclusively 527 on individual patient needs. 528 b. The validity of the patient classification system. 529 6. A health care facility shall annually update its 530 staffing plan and acuity-based patient classification system to 531 the extent appropriate based on the annual evaluation conducted 532 under subparagraph 5. If the evaluation reveals that adjustments 533 are necessary in order to ensure accuracy in measuring patient 534 care needs, such adjustments must be implemented within 30 days 535 after that determination. 536 7. Any acuity-based patient classification system adopted 537 by a health care facility under this subsection must be 538 transparent in all respects, including disclosure of detailed 539 documentation of the methodology used to predict nursing 540 staffing; an identification of each factor, assumption, and 541 value used in applying such methodology; an explanation of the 542 scientific and empirical basis for each such assumption and 543 value; and certification by a knowledgeable and authorized 544 representative of the health care facility that the disclosures 545 regarding methods used for testing and validating the accuracy 546 and reliability of the patient classification system are true 547 and complete. 548 a. The documentation required by this subparagraph shall be 549 submitted in its entirety to the agency as a mandatory condition 550 of licensure, with a certification by the chief nursing officer 551 of the health care facility that the documentation completely 552 and accurately reflects implementation of a valid acuity-based 553 patient classification system used to determine nursing service 554 staffing by the facility for each shift on each hospital unit or 555 clinical unit in which patients receive care. The chief nursing 556 officer shall execute the certification under penalty of 557 perjury, and the certification must contain an expressed 558 acknowledgment that any false statement constitutes fraud and is 559 subject to criminal and civil prosecution and penalties. 560 b. Such documentation must be available for public 561 inspection in its entirety in accordance with procedures 562 established by administrative rules adopted by the agency, 563 consistent with the purposes of this section. 564 8. A staffing plan of a health care facility shall be 565 developed and evaluated by a committee created by the health 566 care facility. At least half of the members of the committee 567 must be unit-specific competent direct care registered nurses. 568 a. The chief nursing officer at the facility shall appoint 569 the members who are not direct care registered nurses. The 570 direct care registered nurses on the committee shall be 571 appointed by the chief nursing officer if the direct care 572 registered nurses are not represented by a collective bargaining 573 agreement or by an authorized collective bargaining agent. 574 b. In case of a dispute, the direct care registered nurse 575 assessment shall prevail. 576 c. This section does not authorize conduct that is 577 prohibited under the National Labor Relations Act or the Federal 578 Labor Relations Act of 1978. 579 9. By July 1, 2019, the agency shall approve uniform 580 statewide standards for a standardized acuity tool for use in 581 health care facilities. The standardized acuity tool must 582 provide a method for establishing nurse staffing requirements 583 that exceed the required direct care registered nurse staffing 584 levels in the hospital units or clinical units in paragraphs (a) 585 and (b). 586 a. The proposed standards shall be developed by a committee 587 created by the health care facility consisting of up to 20 588 members. At least 11 of the committee members must be currently 589 licensed registered nurses who are employed as direct care 590 registered nurses, and the remaining members must include a 591 sufficient number of technical or scientific experts in the 592 specialized fields who are involved in the design and 593 development of an acuity-based patient classification system 594 that meets the requirements of this section. 595 b. A person who has any employment or any commercial, 596 proprietary, financial, or other personal interest in the 597 development, marketing, or use of a private patient 598 classification system product or related methodology, 599 technology, or component system is not eligible to serve on the 600 development committee. A candidate for appointment to the 601 development committee may not be confirmed as a member until the 602 candidate files a disclosure-of-interest statement with the 603 agency, along with a signed certification of full disclosure and 604 complete accuracy under oath, which provides all necessary 605 information as determined by the agency to demonstrate the 606 absence of actual or potential conflict of interest. All such 607 filings are subject to public inspection. 608 c. Within 1 year after the official commencement of 609 committee operations, the development committee shall provide a 610 written report to the agency which proposes uniform standards 611 for a valid patient classification system, along with sufficient 612 explanation and justification to allow for competent review and 613 determination of sufficiency by the agency. The agency shall 614 disclose the report to the public upon notice of public hearings 615 and provide a public comment period for proposed adoption of 616 uniform standards for a patient classification system by the 617 agency. 618 10. A hospital shall adopt and implement the acuity-based 619 patient classification system and provide staffing based on the 620 standardized acuity tool. Any additional direct care registered 621 nurse staffing level that exceeds the direct care registered 622 nurse staffing levels described in paragraphs (a) and (b) shall 623 be assigned in a manner determined by such standardized acuity 624 tool. 625 11. A health care facility shall submit to the agency its 626 annually updated staffing plan and acuity-based patient 627 classification system as required under this paragraph. 628 (f)1. In each hospital unit or clinical unit, a health care 629 facility shall post a notice in a form specified by agency rule 630 which: 631 a. Explains the requirements imposed under this subsection; 632 b. Includes actual direct care registered nurse staffing 633 levels during each shift at the hospital unit or clinical unit; 634 c. Is visible, conspicuous, and accessible to staff and 635 patients of the hospital unit or clinical unit and the public; 636 d. Identifies staffing requirements as determined by the 637 acuity-based patient classification system for each hospital 638 unit or clinical unit, documented and posted in the unit for 639 public view on a day-to-day, shift-by-shift basis; 640 e. Documents the actual number of staff and the skill mix 641 at each hospital unit or clinical unit, documented and posted in 642 the unit for public view on a day-to-day, shift-by-shift basis; 643 and 644 f. Reports the variance between the required and actual 645 staffing patterns at each hospital unit or clinical unit, 646 documented and posted in the unit for public view on a day-to 647 day, shift-by-shift basis. 648 2.a. A long-term acute care hospital shall maintain 649 accurate records of actual staffing levels in each hospital unit 650 or clinical unit for each shift for at least 2 years. Such 651 records must include: 652 (I) The number of patients in each unit; 653 (II) The identity and duty hours of each direct care 654 registered nurse, licensed practical nurse, licensed psychiatric 655 technician, and certified nursing assistant assigned to each 656 patient in the hospital unit or clinical unit for each shift; 657 and 658 (III) A copy of each posted notice. 659 b. A health care facility shall make its staffing plan and 660 acuity-based patient classification system, required under 661 paragraph (e), and all documentation related to the plan and 662 patient classification system, available to the agency; to 663 registered nurses and their collective bargaining 664 representatives, if any; and to the public under rules adopted 665 by the agency. 666 3. The agency shall conduct periodic audits to ensure 667 implementation of the staffing plan in accordance with this 668 subsection and to ensure the accuracy of the staffing plan and 669 patient classification system required under paragraph (e). 670 (g) A health care facility shall plan for routine 671 fluctuations such as admissions, discharges, and transfers in 672 the patient census. If a declared health care emergency causes a 673 change in the number of patients in a unit, the health care 674 facility must demonstrate that immediate and diligent efforts 675 are made to maintain required staffing levels. 676 (h) The following activities are prohibited: 677 1. The direct assignment of unlicensed personnel by a 678 health care facility to perform functions required of a 679 registered nurse in lieu of care being delivered by a licensed 680 or registered nurse under the clinical supervision of a direct 681 care registered nurse. 682 2. The performance of tasks by unlicensed personnel which 683 require the clinical assessment, judgment, and skill of a 684 licensed or registered nurse, including, but not limited to: 685 a. Nursing activities that require nursing assessment and 686 judgment during implementation; 687 b. Physical, psychological, or social assessments that 688 require nursing judgment, intervention, referral, or followup; 689 and 690 c. Formulation of a plan of nursing care and evaluation of 691 a patient’s response to the care provided, including 692 administration of medication; venipuncture or intravenous 693 therapy; parenteral or tube feedings; invasive procedures, 694 including inserting nasogastric tubes, inserting catheters, or 695 tracheal suctioning; and educating a patient and the patient’s 696 family concerning the patient’s health care problems, including 697 postdischarge care. However, a phlebotomist, an emergency room 698 technician, or a medical technician may, under the general 699 supervision of the clinical laboratory director, or his or her 700 designee, or a physician, perform venipunctures in accordance 701 with written hospital policies and procedures. 702 (4) PROFESSIONAL PRACTICE STANDARDS FOR DIRECT CARE 703 REGISTERED NURSES WORKING IN A HEALTH CARE FACILITY.— 704 (a) A direct care registered nurse employing scientific 705 knowledge and experience in the physical, social, and biological 706 sciences, and exercising independent judgment in applying the 707 nursing process, shall directly provide: 708 1. Continuous and ongoing assessments of the patient’s 709 condition. 710 2. The planning, clinical supervision, implementation, and 711 evaluation of the nursing care to each patient. 712 3. The assessment, planning, implementation, and evaluation 713 of patient education, including ongoing postdischarge education 714 of each patient. 715 4. The delivery of patient care, which must reflect all 716 elements of the nursing process and must include assessment, 717 nursing diagnosis, planning, intervention, evaluation, and, as 718 circumstances require, patient advocacy, and shall be initiated 719 by a direct care registered nurse at the time of admission. 720 5. The nursing plan for the patient care, which shall be 721 discussed with and developed as a result of coordination with 722 the patient, the patient’s family or other representatives, when 723 appropriate, and staff of other disciplines involved in the care 724 of the patient. 725 6. An evaluation of the effectiveness of the care plan 726 through assessments based on direct observation of the patient’s 727 physical condition and behavior, signs and symptoms of illness, 728 and reactions to treatment and through communication with the 729 patient and the health care team members, and modification of 730 the plan as needed. 731 7. Information related to the initial assessment and 732 reassessments of the patient, nursing diagnosis, plan, 733 intervention, evaluation, and patient advocacy, which shall be 734 permanently recorded in the patient’s medical record as 735 narrative direct care progress notes. The practice of charting 736 by exception is prohibited. 737 (b)1. A patient assessment requires direct observation of 738 the patient’s signs and symptoms of illness, reaction to 739 treatment, behavior and physical condition, and interpretation 740 of information obtained from the patient and others, including 741 other caregivers on the health care team. A patient assessment 742 requires data collection by a direct care registered nurse and 743 the analysis, synthesis, and evaluation of such data. 744 2. Only a direct care registered nurse may perform a 745 patient assessment. A licensed practical nurse or licensed 746 psychiatric technician may assist a direct care registered nurse 747 in data collection. 748 (c)1. A direct care registered nurse shall determine the 749 nursing care needs of individual patients through the process of 750 ongoing patient assessments, nursing diagnosis, formulation, and 751 adjustment of nursing care plans. 752 2. The prediction of individual patient nursing care needs 753 for prospective assignment of direct care registered nurses 754 shall be based on individual patient assessments of the direct 755 care registered nurse assigned to each patient and in accordance 756 with a documented acuity-based patient classification system as 757 provided in subsection (3). 758 (d) Competent performance of the essential functions of a 759 direct care registered nurse as provided in this section 760 requires the exercise of independent judgment in the interest of 761 the patient. A direct care registered nurse’s independent 762 judgment while performing the functions described in this 763 section shall be provided in the exclusive interests of the 764 patient and may not, for any purpose, be considered, relied 765 upon, or represented as a job function, authority, 766 responsibility, or activity undertaken in any respect for the 767 purpose of serving the business, commercial, operational, or 768 other institutional interests of the health care facility 769 employer. 770 (e)1. In addition to the prohibition on assignments of 771 patient care tasks provided in paragraph (3)(h), a direct care 772 registered nurse may not assign tasks required to implement 773 nursing care for a patient to other licensed nursing staff or to 774 unlicensed staff unless the assigning direct care registered 775 nurse: 776 a. Determines that the personnel assigned the tasks possess 777 the necessary training, experience, and capability to 778 competently and safely perform the tasks to be assigned; and 779 b. Effectively supervises the clinical functions and 780 nursing care tasks performed by the assigned personnel. 781 2. The exercise of clinical supervision of nursing care 782 personnel by a direct care registered nurse in the performance 783 of the functions as provided in this subsection must be in the 784 exclusive interest of the patient and may not, for any purpose, 785 be considered, relied upon, or represented as a job function, 786 authority, responsibility, or activity undertaken in any respect 787 for the purpose of serving the business, commercial, 788 operational, or other institutional interests of the health care 789 facility employer, but constitutes the exercise of professional 790 nursing authority and duty exclusively in the interest of the 791 patient. 792 (f) A health care facility may not deploy technology that 793 limits the direct care provided by a direct care registered 794 nurse in the performance of functions that are part of the 795 nursing process, including the full exercise of independent 796 professional judgment in the assessment, planning, 797 implementation, and evaluation of care, or that limits a direct 798 care registered nurse from acting as a patient advocate in the 799 exclusive interest of the patient. Technology may not be skill 800 degrading, interfere with the direct care registered nurse’s 801 provision of individualized patient care, or override the direct 802 care registered nurse’s independent professional judgment. 803 (g) This subsection applies only to direct care registered 804 nurses employed by or providing care in a health care facility. 805 (5) DIRECT CARE REGISTERED NURSE’S DUTY AND RIGHT OF 806 PATIENT ADVOCACY.— 807 (a) A direct care registered nurse has a duty and right to 808 act and provide care in the exclusive interest of the patient 809 and to act as the patient’s advocate. 810 (b) A direct care registered nurse shall always provide 811 competent, safe, therapeutic, and effective nursing care to an 812 assigned patient. 813 1. Before accepting a patient assignment, a direct care 814 registered nurse must have the necessary knowledge, judgment, 815 skills, and ability to provide the required care. It is the 816 responsibility of the direct care registered nurse to determine 817 whether he or she is clinically competent to perform the nursing 818 care required by patients who are in a particular clinical unit 819 or who have a particular diagnosis, condition, prognosis, or 820 other determinative characteristic of nursing care, and whether 821 acceptance of a patient assignment would expose the patient to 822 the risk of harm. 823 2. If the direct care registered nurse is not competent to 824 perform the care required for a patient assigned for nursing 825 care or if the assignment would expose the patient to risk of 826 harm, the direct care registered nurse may not accept the 827 patient care assignment. Such refusal to accept a patient care 828 assignment is an exercise of the direct care registered nurse’s 829 duty and right of patient advocacy. 830 (c) A direct care registered nurse may refuse to accept an 831 assignment as a nurse in a health care facility if: 832 1. The assignment would violate a provision of chapter 464 833 or the rules adopted under that chapter; 834 2. The assignment would violate subsection (3), subsection 835 (4), or this subsection; or 836 3. The direct care registered nurse is not prepared by 837 education, training, or experience to fulfill the assignment 838 without compromising the safety of a patient or jeopardizing the 839 license of the direct care registered nurse. 840 (d) A direct care registered nurse may refuse to perform an 841 assigned task as a nurse in a health care facility if: 842 1. The assigned task would violate a provision of chapter 843 464 or the rules adopted under that chapter; 844 2. The assigned task is outside the scope of practice of 845 the direct care registered nurse; or 846 3. The direct care registered nurse is not prepared by 847 education, training, or experience to fulfill the assigned task 848 without compromising the safety of a patient or jeopardizing the 849 license of the direct care registered nurse. 850 (e) In the course of performing the responsibilities and 851 essential functions described in subsection (4), the direct care 852 registered nurse assigned to a patient shall receive orders 853 initiated by physicians and other legally authorized health care 854 professionals within their scope of licensure regarding patient 855 care services to be provided to the patient, including, but not 856 limited to, the administration of medications and therapeutic 857 agents that are necessary to implement a treatment, a 858 rehabilitative regimen, or disease prevention. 859 1. The direct care registered nurse shall assess each such 860 order before implementation to determine if the order is: 861 a. In the best interest of the patient; 862 b. Initiated by a person legally authorized to issue the 863 order; and 864 c. Issued in accordance with applicable law and rules 865 governing nursing care. 866 2. If the direct care registered nurse determines that the 867 criteria provided in subparagraph 1. have not been satisfied 868 with respect to a particular order or if the direct care 869 registered nurse has some doubt regarding the meaning or 870 conformance of the order with such criteria, he or she shall 871 seek clarification from the initiator of the order, the 872 patient’s physician, or another appropriate medical officer 873 before implementing the order. 874 3. If, upon clarification, the direct care registered nurse 875 determines that the criteria for implementation of an order 876 provided in subparagraph 1. have not been satisfied, the direct 877 care registered nurse may refuse implementation on the basis 878 that the order is not in the best interest of the patient. 879 Seeking clarification of an order or refusing an order as 880 described in this subparagraph is an exercise of the direct care 881 registered nurse’s duty and right of patient advocacy. 882 (f) A direct care registered nurse shall, as circumstances 883 require, initiate action to improve the patient’s health care or 884 to change a decision or activity that, in the professional 885 judgment of the direct care registered nurse, is against the 886 interest or desire of the patient or shall give the patient the 887 opportunity to make informed decisions about the health care 888 before it is provided. 889 (6) FREE SPEECH; PATIENT PROTECTION.— 890 (a) A health care facility may not: 891 1. Discharge, discriminate against, or retaliate against in 892 any manner with respect to any aspect of employment, including 893 discharge, promotion, compensation, or terms, conditions, or 894 privileges of employment, a direct care registered nurse based 895 on the direct care registered nurse’s refusal of a work 896 assignment pursuant to paragraph (5)(c) or an assigned task 897 pursuant to paragraph (5)(d). 898 2. File a complaint or a report against a direct care 899 registered nurse with the Board of Nursing or the agency because 900 of the direct care registered nurse’s refusal of a work 901 assignment pursuant to paragraph (5)(c) or an assigned task 902 pursuant to paragraph (5)(d). 903 (b) A direct care registered nurse who has been discharged, 904 discriminated against, or retaliated against in violation of 905 subparagraph (a)1. or against whom a complaint or a report has 906 been filed in violation of subparagraph (a)2. may bring a cause 907 of action in a state court. A direct care registered nurse who 908 prevails in the cause of action is entitled to one or more of 909 the following: 910 1. Reinstatement. 911 2. Reimbursement of lost wages, compensation, and benefits. 912 3. Attorney fees. 913 4. Court costs. 914 5. Other damages. 915 (c) A direct care registered nurse, a patient, or any other 916 individual may file a complaint with the agency against a health 917 care facility that violates this section. For any complaint 918 filed, the agency shall: 919 1. Receive and investigate the complaint; 920 2. Determine whether a violation of this section as alleged 921 in the complaint has occurred; and 922 3. If such a violation has occurred, issue an order 923 prohibiting the health care facility from subjecting the 924 complaining direct care registered nurse, the patient, or the 925 other individual to any retaliation described in paragraph (a). 926 (d)1. A health care facility may not discriminate or 927 retaliate in any manner against any patient, employee, or 928 contract employee of the facility, or any other individual, on 929 the basis that such individual, in good faith, individually or 930 in conjunction with another person or persons, has presented a 931 grievance or complaint; initiated or cooperated in an 932 investigation or proceeding by a governmental entity, regulatory 933 agency, or private accreditation body; made a civil claim or 934 demand; or filed an action relating to the care, services, or 935 conditions of the health care facility or of any affiliated or 936 related facilities. 937 2. For purposes of this paragraph, an individual is deemed 938 to be acting in good faith if the individual reasonably believes 939 that the information reported or disclosed is true. 940 (e)1. A health care facility may not: 941 a. Interfere with, restrain, or deny the exercise of, or 942 the attempt to exercise, any right provided or protected under 943 this section; or 944 b. Coerce or intimidate any person regarding the exercise 945 of, or the attempt to exercise, such right. 946 2. A health care facility may not discriminate or retaliate 947 against any person for opposing any facility policy, practice, 948 or action that is alleged to violate, breach, or fail to comply 949 with any provision of this section. 950 3. A health care facility, or an individual representing a 951 health care facility, may not make, adopt, or enforce any rule, 952 regulation, policy, or practice that in any manner directly or 953 indirectly prohibits, impedes, or discourages a direct care 954 registered nurse from engaging in free speech or disclosing 955 information as provided under this section. 956 4. A health care facility, or an individual representing a 957 health care facility, may not in any way interfere with the 958 rights of nurses to organize, bargain collectively, and engage 959 in concerted activity under s. 7 of the National Labor Relations 960 Act. 961 5. A health care facility shall post in an appropriate 962 location in each hospital unit or clinical unit a notice in a 963 form specified by the agency which: 964 a. Explains the rights of nurses, patients, and other 965 individuals under this subsection; 966 b. Includes a statement that a nurse, patient, or other 967 individual may file a complaint with the agency against a health 968 care facility that violates this subsection; and 969 c. Provides instructions on how to file a complaint. 970 (f)1. The agency shall establish a toll-free telephone 971 hotline to provide information regarding the requirements of 972 this section and to receive reports of violations of this 973 section. 974 2. A health care facility shall provide each patient 975 admitted to the facility for inpatient care with the toll-free 976 telephone hotline described in subparagraph 1. and shall give 977 notice to each patient that the hotline may be used to report 978 inadequate staffing or care. 979 (7) ENFORCEMENT.— 980 (a) In addition to any other penalty prescribed by law, the 981 agency may impose civil penalties as follows: 982 1. Against a health care facility found to have violated a 983 provision of this section, a civil penalty of up to $25,000 for 984 each violation, except that the agency shall impose a civil 985 penalty of at least $25,000 for each violation if the agency 986 determines that the health care facility has a pattern of 987 practice of such violation. 988 2. Against an individual who is employed by a health care 989 facility and who is found to have violated a provision of this 990 section, a civil penalty of up to $20,000 for each violation. 991 (b) The agency shall post on its website the names of 992 health care facilities against which civil penalties have been 993 imposed under this subsection and such additional information as 994 the agency deems necessary. 995 Section 3. This act shall take effect July 1, 2018.