71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2800
 
LC 1221/HB 2800-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2800
 
      By COMMITTEE ON BUSINESS, LABOR, AND CONSUMER AFFAIRS
 
                            April 26
 
  On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and line 3 and insert '
amending ORS 441.030; and prescribing an effective date.'.
  In line 11, delete 'patients'.
  Delete line 12 and insert 'a patient's nursing care needs are
met when the patient is admitted to an acute inpatient care
facility.'.
  Delete lines 15 through 27 and insert:
  ' (2) The chief nursing executive at an acute inpatient care
facility shall develop and implement a written, hospital-wide
nursing staff plan for nursing services. The facility shall have
a process that ensures the consideration of input from direct
care nursing staff in the development, implementation,
monitoring, evaluation and modification of the nursing staff
plan. The nursing staff plan shall include the number,
qualifications and categories of nursing staff needed for all
units. The nursing staff plan shall be evaluated and monitored
for effectiveness and revised as necessary as part of the
facility's quality assurance process.  Written documentation of
these quality assurance activities shall be maintained.
  ' (3) The nursing staff plan shall:
  ' (a) Be based on the aggregate and individual nursing care
needs of patients, which are the primary considerations in
determining the number of categories of nursing staff needed;
  ' (b) Be based on the specialized qualifications and
competencies of the nursing staff to ensure that the nursing care
needs of a patient are met and to ensure patient safety;
  ' (c) Be consistent with the scopes of practice for nursing
staff; and
  ' (d) Include provisions for limiting patient population if
sufficient nursing staff cannot be provided.
  ' (4) The nursing staff plan shall take into account sickness,
vacations, vacancies, seasonal and expected variances in nursing
staff needs, time for education and conferences, meal or break
periods and other absences, and shall identify the source of
nursing staff replacements.
  ' (5) The nursing staff plan shall establish a minimum number
of nursing staff on duty for specified shifts. The number of
nursing staff on duty must be sufficient to ensure that the
nursing care needs of each patient are met. At least one
registered nurse and one other nursing staff member must be on
duty when a patient is present.'.
  In line 28, delete '(5)' and insert '(6)'.
  On page 2, line 12, after 'emergency' insert 'or circumstances
requiring the implementation of a facility disaster plan'.
  In line 15, after the period insert 'The Health Division shall
adopt by rule a schedule establishing the amount of civil penalty
that may be imposed for any violation of section 3 or 4 of this
2001 Act when there is a reasonable belief that safe patient care
has been or may be negatively impacted. A civil penalty may not
exceed $5,000. Each violation of a nursing staff plan shall be
considered a separate violation. Each day a violation continues
shall be considered a separate violation.'.
  On page 3, after line 3, insert:
  '  { +  SECTION 7. This 2001 Act takes effect on October 1,
2002. + } ' .
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