PRINTER'S NO. 2247
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GINGRICH, SONNEY, ADOLPH, KOTIK, HARHAI, DiGIROLAMO, TOOHIL, MILLARD, SABATINA, RAVENSTAHL, GODSHALL, FARRY, SCHLOSSBERG, DAVIS, GROVE, MURT, KINSEY, STURLA, PAINTER, SWANGER, HELM, GIBBONS, M. K. KELLER, BARRAR, COHEN, MICOZZIE, HESS, CLYMER, HARPER, B. BOYLE, SAYLOR, C. HARRIS, WATERS, MULLERY, DeLUCA, WATSON, MASSER, STERN, SIMS, PETRI, O'BRIEN, KORTZ, REGAN, MARSICO, M. DALEY, GOODMAN, F. KELLER, HARKINS, PETRARCA, HARHART AND CALTAGIRONE, AUGUST 2, 2013
REFERRED TO COMMITTEE ON HEALTH, AUGUST 2, 2013
1Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
2act relating to health care; prescribing the powers and
3duties of the Department of Health; establishing and
4providing the powers and duties of the State Health
5Coordinating Council, health systems agencies and Health Care
6Policy Board in the Department of Health, and State Health
7Facility Hearing Board in the Department of Justice;
8providing for certification of need of health care providers
9and prescribing penalties," providing for professional nurse
17PROFESSIONAL NURSE STAFFING STANDARDS
18Section 801-A. Scope of chapter.
19This chapter relates to professional nurse staffing standards
3Section 802-A. Definitions.
15"Quality measures." Measures or indicators derived from
16various sources. The term includes, but is not limited to,
17claims and medical records that allow the organization to
18evaluate processes and outcomes of care and nursing-sensitive
19indicators endorsed by the National Quality Forum or that are
20part of the National Database for Nursing Quality Indicators.
27A hospital shall develop, implement and monitor a
28professional nurse staffing plan for each hospital unit. The
29development of the plan shall occur internally by a professional
30nurse staffing committee or committees established under section
2Section 804-A. Professional nurse staffing committees.
3(a) Establishment.--A hospital shall establish at least one
4professional nurse staffing committee within 180 days of the
5effective date of this section. The staffing committee shall
6meet at least two times each year.
7(b) Membership.--The membership of the staffing committee
8shall be split evenly between professional nurses currently
9providing direct patient care in the hospital and administrative
10staff chosen by the hospital. The following shall apply:
14(2) Administrative staff may be appointed at the
15discretion of the board of directors or president of the
16hospital and shall include at least one individual with
17experience with the hospital's budget or financial condition.
21Section 805-A. Duties and responsibilities of hospital.
27(2) Provide the education and parameters necessary for
28staff to create a staffing plan given the available resources
29of the hospital so that staff can responsibly develop the
30staffing plan within 180 days of the effective date of this
8(6) Develop and implement a plan of action with the
9assistance of professional nurses providing direct patient
10care and other appropriate staff, if there is evidence of
11noncompliance with the staffing plan and the noncompliance
12with the staffing plan negatively impacts patients and
18(8) Develop mechanisms by which nursing staff can raise
19concerns and make recommendations about the staffing plans
20either through the existing staffing committee or nursing
21administration, or both.
4(12) Make available to all patients information on how
5to make a request for the staffing plan, including the
6appropriate person, office or department that may be
7contacted to review or obtain a copy of the plan.
8(13) Comply with act of December 12, 1986 (P.L.1559,
9No.169), known as the Whistleblower Law, and section
10307(b)(4) of the act of March 20, 2002 (P.L.154, No.13),
11known as the Medical Care Availability and Reduction of Error
17(1) Develop a staffing plan, in a timeline that is
18consistent with the hospital budgetary planning process, for
19each hospital unit as prescribed in section 803-A within 180
20days following the effective date of this section.
1delivery of quality care and quality outcomes.
8(iv) The numbers and types of other professional,
9paraprofessional or support staff that professional
10nurses must collaborate with or supervise to ensure the
11delivery of quality care and quality outcomes.
20(vii) The physical environment in which care is
21provided, including, but not limited to, the physical
22architecture of each hospital unit, patient location and
23available technology of the health care facility.
30(6) Review the plan at least twice annually and adjust
3Section 807-A. Penalties.
6Section 808-A. Confidentiality.
7The following shall apply:
8(1) The department shall ensure confidentiality of any
9reports made under this chapter in accordance with the act of
10June 10, 2009 (P.L.1, No.1), known as the Preventable Serious
11Adverse Events Act.
12(2) The department shall ensure the confidentiality of
13the annual report required by section 805-A(11). The annual
14report shall not be included in the discovery process of any
15subsequent lawsuits filed against a hospital.
16Section 2. This act shall take effect in 180 days.