Nursing Legislative Update

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Nursing Legislative Update
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Summary Current NYS Legislative

• Mandatory Overtime
• Safe Staffing
• Education Advancement
• Workplace Violence
• Defining nursing as a physically taxing
  occupation

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A01898 SummaryMandatory Overtime

• 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
  nurses regularly scheduled work hours, and that
  no such employer shall require a nurse to work
  more than that nurses 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.

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A02480 Summary Education Advancement

• 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. Under-staffing has resulted in nurses
  working longer hours caring for sicker, needier
  patients. The proposed legislation would allow
  nurses and midwives employed by New York Citys
  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)

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A03873 Summary Defining nursing as a
physically taxing occupation

• 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 Citys 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)

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A06119 SummarySafe Staffing

• 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 nurses abilities or if
  minimum staffing is not present requires public
  access to documented staffing plansimposes 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)

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A06186 Summary Workplace Violence

• 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)

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STATE BUDGET VICTORIES

• NYSNA successfully lobbied for inclusion of the
  following in the state budget
• 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.
• 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 masters or doctoral degree.

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Nursing and Legislation
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Four (4) Main Steps in Public Policy Formation

• 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)

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Factors Affecting Public Policy Development

• The size of an issue
• Legislation can become partisan
• Timing
• Political Influence
• 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)

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Your Role in the Political Process

• 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!

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Information

• NYS Assembly
• http//assembly.state.ny.us/
• NYSNA
• http//www.nysna.org
• ANA
• www.ana.org
• Set Alerts using www.google.com

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References

• DesJardin, Karen, E. Political involvement in
  nursingeducation 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
  Oct74(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/