ANA's State Legislative Leadership Results in Safeguards for Nurses and Patients Across the Nation

The American Nurses Association, in concert with State Nurses Associations, is promoting state legislation designed to protect nurses from potentially career-ending musculoskeletal injuries while increasing a patient's safety and comfort. Through ANA's leadership, a Nationwide State Legislative Agenda on Safe Patient Movement and Handling has been developed. Suggested state legislation has been developed that requires health care facilities to develop safe patient handling programs and utilize safe patient handling techniques and equipment. Other approaches to protect nurses and their patients from injuries have also been endorsed by State Nurses Associations

Introduced with the support of the Ohio Nurses Association, HB 67 was signed into law in March, 2005. This legislation creates a program where funds transferred from the State Safety and Hygiene Fund (workers compensation fund) may be used to make interest free loans to nursing home employers to implement a no manual lift program. It is believed that the savings resulting from this program will easily allow employers to pay back the loan.

AB 7641/SB 4029 were introduced at the request of the New York State Nurses Association. These companion bills would require the establishment of a two-year safe patient handling demonstration program to collect evidence-based data reflecting the incidence of employee and patient injuries resulting from patient handling: manual versus the use of technology. The findings will be used to describe "best" practices for improving the health and safety of New York's healthcare workforce and patients during patient handling. The bill is expected to do well this legislative session and has been sponsored by the chair of the House Health Committee.

The Texas Nurses Association has pushed for the introduction of SB 1525 that would require hospitals and nursing homes to implement a safe patient movement and handling program. The bill has a good chance for enactment this session.

HB 1672, introduced at the request of the Washington State Nurses Association, would have required hospitals to establish a safe patient handling committee. With input from the committee, a hospital would establish a no manual lift program to prevent musculoskeletal disorders. Although the committee of jurisdiction held a hearing on this bill, it did not make it out of committee this year.

ANA's Nationwide State Legislative Agenda: Prohibition of Mandatory Overtime

ANA and State Nurses Associations continue to lead the way for the enactment of state legislation that prohibits registered nurses from being required to work overtime. The use of mandatory overtime as a staffing tool by hospitals has produced potentially hazardous conditions for patient safety and decreased the ability for nurses to have control over their working life. State Nurses Associations have effectively lobbied state legislators to prohibit the use of mandatory overtime for registered nurses. State nurses Associations in nine states, Connecticut, Maine, Maryland, Minnesota, New Jersey, Oregon, Texas (regulations) Washington and Wyoming have been successful in pushing legislators to enact legislation that curtails nurses from being forced to work overtime. This year, twenty three states have introduced bills to prohibit mandatory overtime or amend current laws. Although none have been enacted, Illinois Nurses Association backed legislation that has passed the Senate in Illinois. Oregon, Washington and West Virginia legislation would amend current mandatory overtime laws with provisions to decrease the hours a nurse is required to work, clarify the definition of on-call and/or expand the facilities covered under the overtime law.

ANA'S Nationwide State Legislative Agenda: Nursing Workforce Data

Through ANA's comprehensive approach to addressing the nurse staffing crisis, State Nurses Associations are promoting state legislation that would require the collection of nursing supply and demand data. This data is vital for states to accurately assess the nursing crisis and develop comprehensive short and long range state workforce planning strategies.

Twenty four states, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Maryland, Maine, Mississippi, Nebraska, New Hampshire, New Jersey, New York, Oklahoma, South Dakota, Tennessee, Texas, Virginia, Washington, Wisconsin and West Virginia have enacted legislation on workforce data collection that range from the establishment of a Center for Nursing to requiring boards of nursing to gather data related to supply and demand. This year, Nebraska enacted legislation that requires the costs to operate and administer the Nebraska Center for Nursing to be derived from nurse licensure fees. In New Mexico, legislation was enacted that requires the Health Policy Commission to study the impact of nurse staffing and retention on workforce development.

ANA's Nationwide State Legislative Agenda: Nursing Education

ANA and its State Nurses Associations are successfully pushing the enactment of legislation to improve working conditions for registered nurses which is imperative for nurse recruitment and retention. In addition, with the growing shortage of nurses, ANA is pushing to increase the number of nurses educated in this country. Although more students have expressed interest in attending nursing school, many are being turned away because schools lack the capacity and nurse educators to accommodate more students.

Twenty six states have enacted nursing education legislation in prior years. This year, over 250 bills have been introduced to address nursing education while the following have been enacted: Arizona, Idaho, Maryland, New Mexico, North Dakota and Wyoming enacted loan repayment and/or scholarship legislation. Arkansas enacted a number of bills to provide assistance to educational institutions to prepare nursing candidates from medically underserved areas to meet admission requirements; provide money for higher education; expand the student loan and scholarship program; and provide money for renovation and equipping the Paragould Nursing Center. New Mexico enacted legislation which creates a nurse educator fund to enhance the ability of college/university employed nurse educators to obtain advanced nursing degrees.

Susan Whittaker, MSN, RN