As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 346


Representative Hughes 

Cosponsors: Representatives Hagan, R., DeGeeter, Yuko, Strahorn, Flowers, Peterson, Setzer, Oelslager, Williams, S., Fende, Skindell 



A BILL
To enact sections 3727.50 to 3727.57 of the Revised 1
Code regarding hospital staffing guidelines for 2
registered nurses.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3727.50, 3727.51, 3727.52, 3727.53, 4
3727.54, 3727.55, 3727.56, and 3727.57 of the Revised Code be 5
enacted to read as follows:6

       Sec. 3727.50. (A) As used in this section and sections 7
3727.51 to 3727.57 of the Revised Code:8

       "Direct patient care" means care provided by a registered 9
nurse with direct responsibility to carry out medical regimens or 10
nursing care for one or more patients.11

       "Nurse" means a person who is licensed to practice as a 12
registered nurse under Chapter 4723. of the Revised Code.13

       (B) Each hospital shall convene a hospital-wide nursing care 14
committee not later than ninety days after the effective date of 15
this section or, if the hospital is not treating patients on the 16
effective date of this section, ninety days after the hospital 17
begins to treat patients. The hospital's chief nursing officer 18
must be a member and the committee's remaining membership must 19
include, but not be limited to, nurses who provide direct patient 20
care in a number sufficient to adequately represent on the 21
committee all types of nursing care services in the hospital.22

       Sec. 3727.51. The chief nursing officer of each hospital 23
shall establish a mechanism for obtaining input from nurses in all 24
inpatient care units who provide direct patient care regarding 25
what the nursing services staffing plan recommendations described 26
in division (B) of section 3727.52 of the Revised Code should 27
include.28

       Sec. 3727.52. A hospital-wide nursing care committee convened 29
pursuant to section 3727.50 of the Revised Code shall do all of 30
the following:31

       (A) If one exists, evaluate the hospital's current nursing 32
services staffing plan;33

       (B) Recommend a nursing services staffing plan that is 34
consistent with current standards established by private or 35
governmental accreditation organizations and addresses all of the 36
following:37

       (1) The selection, implementation, and evaluation of minimum 38
staffing levels for all inpatient care units that ensure that the 39
hospital has a staff of competent nurses with the specialized 40
skills needed to meet patient needs in accordance with 41
evidence-based safe nurse staffing standards.42

       (2) The complexity of complete care, assessment on patient 43
admission, volume of patient admissions, discharges and transfers, 44
evaluation of the progress of a patient's problems, ongoing 45
physical assessments, planning for a patient's discharge, 46
assessment after a change in patient condition, and assessment of 47
the need for patient referrals.48

       (3) Patient acuity and the number of patients for whom care 49
is being provided.50

       (4) The need for ongoing assessments of a unit's patients and 51
its nursing staff levels.52

       (5) The hospital's policy for identifying additional nurses 53
who can provide direct patient care when patients' unexpected 54
needs exceed the planned workload for direct care staff.55

       (C) The nursing services staffing plan recommended pursuant 56
to division (B) of this section shall be made available to any 57
person who requests it.58

       Sec. 3727.53.  Each hospital shall create an evidence-based 59
written nursing care services staffing plan guiding the 60
assignment of nurses hospital-wide. The staffing plan must, at a 61
minimum, reflect current standards established by private or 62
governmental accreditation organizations and be implemented not 63
later than ninety days after the hospital-wide nursing care 64
committee is convened pursuant to section 3727.50 of the Revised 65
Code, except that if the hospital's next fiscal year starts not 66
later than one hundred eighty days after the date on which the 67
committee convenes, implementation may be delayed until the first 68
day of that fiscal year.69

       The plan shall be based on multiple nurse and patient 70
considerations that yield minimum staffing levels for inpatient 71
care units that ensure that the hospital has a staff of competent 72
nurses with specialized skills needed to meet patient needs. 73
These considerations shall include both of the following:74

       (A) The recommendations of the hospital-wide nursing care 75
committee made under section 3727.52 of the Revised Code, which 76
shall be given significant weight.77

       (B) All of the matters listed in divisions (B)(1) to (B)(5) 78
of section 3727.52 of the Revised Code.79

       Sec. 3727.54. At least once a year, the hospital-wide nursing 80
care committee convened pursuant to section 3727.50 of the Revised 81
Code shall do both of the following:82

       (A) Review how the most current nursing services staffing 83
plan does all of the following:84

       (1) Affects inpatient care outcomes;85

       (2) Affects clinical management;86

       (3) Facilitates a delivery system that provides, on a 87
cost-effective basis, quality nursing care consistent with 88
acceptable and prevailing standards of safe nursing care and 89
evidenced-based guidelines established by national nursing 90
organizations.91

       (B) Make recommendations, based on the most recent review 92
conducted under division (A) of this section, regarding how the 93
most current nursing services staffing plan should be revised, if 94
at all. The recommendations must be made available to any person 95
who requests them.96

       Sec. 3727.55. To provide staffing flexibility to meet patient 97
needs, every hospital shall identify a model for adjusting the 98
staffing plan created under section 3727.53 of the Revised Code 99
for each inpatient care unit.100

       Sec. 3727.56. A copy of the nursing care services staffing 101
plan created under section 3727.53 of the Revised Code, and 102
subsequent changes to it, shall be provided, free of charge, to 103
the hospital's nursing staff and to any other person who requests 104
it.105

       Sec. 3727.57. Nothing in sections 3727.50 to 3727.56 of the 106
Revised Code shall be construed to limit, alter, or modify any of 107
the terms, conditions, or provisions of a collective bargaining 108
agreement entered into by a hospital.109