House Bill #5314 (2017)

AN ACT RELATING TO HEALTH AND SAFETY -- HEALTH CARE ACCESSIBILITY AND QUALITY ASSURANCE ACT

Requires health care facilities to report to the department of health the use of non-Rhode Island licensed nurses.

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Changes since original draft

  • 2017 – H 5314
  • 2017 – H 5314 SUBSTITUTE A
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  • LC001078
  • LC001078/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – HEALTH CARE ACCESSIBILITY AND
  • QUALITY ASSURANCE ACT
  • Introduced By: Representatives Bennett, Slater, Marshall, Canario, and Barros
  • Date Introduced: February 01, 2017
  • Referred To: House Labor
  • QUALITY ASSURANCE ACT
  • Introduced By: Representatives Bennett, Slater, Marshall, Canario, and Barros
  • Date Introduced: February 01, 2017
  • Referred To: House Labor
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 23-17.20 of the General Laws entitled "Health Care Facilities Staffing" is hereby amended by adding thereto the following section:
  • 23-17.20-7. Use of Rhode Island licensed nurses.
  • (a) No health care facility shall seek the use of temporary nurses that are not licensed in Rhode Island pursuant to chapter 34 of title 5, until the facility has exhausted all reasonable efforts as defined in this chapter to obtain qualified staffing.
  • (b) Notwithstanding the provisions of §23-17.7.1-15(3), the use of licensed nursing service agency nurses shall not be used to cover shifts resulting from vacancies due to chronic short staffing, as defined by regulation by the department of health.
  • (c) The provisions of this section shall not apply in the case of an unforeseeable emergent circumstance as defined in §23-17.20-2 if the hospital has complied with subsections (a) and (b) of this section.
  • (d) The requirement that the employer shall exhaust reasonable efforts to obtain staffing shall not apply in the event of any declared national, state or municipal emergency or a disaster or other catastrophic event which substantially affects or increases the need for health care services.
  • (e) Health care facilities shall report monthly to the department of labor and training, in a form and substance prescribed by the department, on the number of shifts covered by non-Rhode Island licensed nurses. The department shall work with the health care facilities to help identify qualified nurses licensed by the state. The department shall make this information available to the public.
  • (f) Health care facilities shall report to the department of health the name and state of licensure of any registered nurse performing work duties at the facility who are not licensed in Rhode Island. This information shall be reported to the department within seven (7) days from when any registered nurse not licensed in Rhode Island begins performing job duties at a health care facility. The department shall make the above prescribed information, with the exception of the name of the nurses, available to the public.
  • (g) These provisions shall not apply in the event of an organized labor strike or other work stoppage.
  • (h) The department of health shall promulgate regulations to further define the terms, conditions, and requirements of this section.
  • SECTION 2. This act shall take effect on March 1, 2018.
  • SECTION 1. Chapter 23-17.20 of the General Laws entitled "Health Care Facilities Staffing" is hereby amended by adding thereto the following section:
  • 23-17.20-7. Use of non-Rhode Island licensed nurses.
  • (a) Health care facilities shall report to the department of health the name and state of licensure of any registered nurse performing work duties at the facility who is not licensed in Rhode Island. This information shall be reported to the department within fourteen (14) business days from when the registered nurse not licensed in Rhode Island begins performing work duties at the health care facility. Health care facilities shall also report to the department the name and state of licensure of registered nurses not licensed in Rhode Island, within fourteen (14) business days of when those nurses no longer perform work duties at the facility. The department shall make the above-prescribed information, with the exception of the names of the nurses, available to the public.
  • (b) The department of health shall promulgate regulations to further define the terms, conditions, and requirements of this section.
  • SECTION 2. This act shall take effect on January 1, 2018.
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  • LC001078
  • LC001078/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – HEALTH CARE ACCESSIBILITY AND
  • QUALITY ASSURANCE ACT
  • ***
  • This act would prohibit health care facilities from using licensed nursing services agencies to cover shifts resulting from vacancies due to chronic short staffing, and would require that health care facilities to seek the use of licensed Rhode Island nurses to satisfy staffing needs, but would permit exceptions in certain emergency situations.
  • This act would take effect on March 1, 2018. ======== LC001078 ========
  • QUALITY ASSURANCE ACT
  • ***
  • This act would require health care facilities to report to the department of health on the use of non-Rhode Island licensed nurses.
  • This act would take effect on January 1, 2018. ======== LC001078/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 26, 2017 at 4:57pm
Yeas: 68 / Nays: 0 / Not voting: 7 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey NV
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips NV
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater NV
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon NV
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield NV