As Reported by the House Health Committee

127th General Assembly
Regular Session
2007-2008
Sub. 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 and licensed practical 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 nurse with 9
direct responsibility to carry out medical regimens or nursing 10
care for one or more patients.11

       "Inpatient care unit" means a hospital unit, including an 12
operating room or other inpatient care area, in which nursing care 13
is provided to patients who have been admitted to the hospital.14

       "Nurse" means a person who is licensed to practice as a 15
registered nurse under Chapter 4723. of the Revised Code or, if 16
the hospital employs licensed practical nurses, a person who is 17
licensed to practice as a licensed practical nurse under that 18
chapter.19

       (B) Each hospital shall convene a hospital-wide nursing care 20
committee not later than ninety days after the effective date of 21
this section or, if the hospital is not treating patients on the 22
effective date of this section, ninety days after the hospital 23
begins to treat patients. The hospital's chief nursing officer 24
must be a member and the committee's remaining membership must 25
include, but not be limited to, registered nurses who provide 26
direct patient care in a number sufficient to adequately 27
represent on the committee all types of nursing care services in 28
the hospital.29

       Sec. 3727.51. The chief nursing officer of each hospital 30
shall establish a mechanism for obtaining input from nurses in all 31
inpatient care units who provide direct patient care regarding 32
what the nursing services staffing plan recommendations described 33
in division (B) of section 3727.52 of the Revised Code should 34
include.35

       Sec. 3727.52. A hospital-wide nursing care committee convened 36
pursuant to section 3727.50 of the Revised Code shall do all of 37
the following:38

       (A) If one exists, evaluate the hospital's current nursing 39
services staffing plan;40

       (B) Recommend a nursing services staffing plan that is, at a 41
minimum, consistent with current standards established by private 42
accreditation organizations or governmental entities and addresses 43
all of the following:44

       (1) The selection, implementation, and evaluation of minimum 45
staffing levels for all inpatient care units that ensure that the 46
hospital has a staff of competent nurses with the specialized 47
skills needed to meet patient needs in accordance with 48
evidence-based safe nurse staffing standards;49

       (2) The complexity of complete care, assessment on patient 50
admission, volume of patient admissions, discharges and transfers, 51
evaluation of the progress of a patient's problems, the amount of 52
time needed for patient education, ongoing physical assessments, 53
planning for a patient's discharge, assessment after a change in 54
patient condition, and assessment of the need for patient 55
referrals;56

       (3) Patient acuity and the number of patients for whom care 57
is being provided;58

       (4) The need for ongoing assessments of a unit's patients and 59
its nursing staff levels;60

       (5) The hospital's policy for identifying additional nurses 61
who can provide direct patient care when patients' unexpected 62
needs exceed the planned workload for direct care staff.63

       Sec. 3727.53.  Each hospital shall create an evidence-based 64
written nursing care services staffing plan guiding the 65
assignment of nurses hospital-wide. The staffing plan must, at a 66
minimum, reflect current standards established by private 67
accreditation organizations or governmental entities and be 68
implemented not later than ninety days after the hospital-wide 69
nursing care committee is convened pursuant to section 3727.50 of 70
the Revised Code, except that if the hospital's next fiscal year 71
starts not later than one hundred eighty days after the date on 72
which the committee convenes, implementation may be delayed until 73
the first day of that fiscal year.74

       The plan shall be based on multiple nurse and patient 75
considerations that yield minimum staffing levels for inpatient 76
care units that ensure that the hospital has a staff of competent 77
nurses with specialized skills needed to meet patient needs. 78
These considerations shall include both of the following:79

       (A) The recommendations of the hospital-wide nursing care 80
committee made under section 3727.52 of the Revised Code, which 81
shall be given significant consideration;82

       (B) All of the matters listed in divisions (B)(1) to (5) of 83
section 3727.52 of the Revised Code.84

       Sec. 3727.54. At least once a year, the hospital-wide nursing 85
care committee convened pursuant to section 3727.50 of the Revised 86
Code shall do both of the following:87

       (A) Review how the most current nursing services staffing 88
plan does all of the following:89

       (1) Affects inpatient care outcomes;90

       (2) Affects clinical management;91

       (3) Facilitates a delivery system that provides, on a 92
cost-effective basis, quality nursing care consistent with 93
acceptable and prevailing standards of safe nursing care and 94
evidenced-based guidelines established by national nursing 95
organizations.96

       (B) Make recommendations, based on the most recent review 97
conducted under division (A) of this section, regarding how the 98
most current nursing services staffing plan should be revised, if 99
at all.100

       Sec. 3727.55. To provide staffing flexibility to meet patient 101
needs, every hospital shall identify a model for adjusting the 102
staffing plan created under section 3727.53 of the Revised Code 103
for each inpatient care unit.104

       Sec. 3727.56. A copy of the nursing care services staffing 105
plan created under section 3727.53 of the Revised Code, and 106
subsequent changes to it, shall be provided, free of charge, to 107
the hospital's nursing staff and, at a cost not to exceed the cost 108
for copying the plan, to any other peson who requests it.109

       Sec. 3727.57. Nothing in sections 3727.50 to 3727.56 of the 110
Revised Code shall be construed to limit, alter, or modify any of 111
the terms, conditions, or provisions of a collective bargaining 112
agreement entered into by a hospital.113