NEW YORK NURSE: July/August 2007
by Nancy Webber
The New York State Legislature left Albany on June 21, although leaders indicated they might reconvene for one-day sessions in the fall.
The first test of the official legislative session came during the debate over the state budget. Gov. Eliot Spitzer proposed cutting state funding for hospitals, but NYSNA maintained that cuts to hospitals without staffing guidelines ultimately would hurt both nurses and patients.
When a state budget was passed on April 1, NYSNA had won these key victories:
The two branches of the State Legislature were unable to reach agreement on many significant pieces of legislation. Among these was a ban on mandatory overtime for nurses. Read on to learn the status of other NYSNA priority bills.
The bill passed both houses of the legislature last year, but was vetoed by former Gov. George Pataki. This year the New York City Council failed to enact a home rule message that would have cleared the way for action at the state level. NYSNA staff who lobbied for the measure at City Hall cited a sudden lack of support from Council Speaker Christine Quinn, who is said to be interested in running for mayor.
A bill first introduced this year would have made an assault on a nurse in the workplace a felony, increasing the penalty for anyone convicted of this crime. This is the same level of penalty associated with attacks on police officers, firefighters, and EMTs. The State Senate passed the bill on June 5; it remained in committee in the Assembly.
A measure to establish minimum nurse-to-patient ratios in healthcare facilities remained in both the Senate and Assembly health committees at the end of session. The measure is supported by all labor unions that represent registered nurses in New York.
A bill to require newly licensed RNs to earn bachelor’s degrees within 10 years remained in the Higher Education committees in both legislative houses. The measure is supported by a wide range of nursing organizations as a way to ensure that nurses get the education they need to advance in their profession.
These measures were passed by the State Legislature and sent to Gov. Spitzer for approval or veto:
Union presence when workers are questioned:
Establishes an employee’s right to have a union representative present when he or she is being questioned by an employer under circumstances where there is a potential for discipline. Evidence obtained in such questioning may be excluded in subsequent disciplinary proceedings if that evidence is obtained illegally. This practice is currently required for public employees.
Approved by the Governor
Challenges to union representation:
Increases protections for incumbent unions by allowing decertification challenges only within the 30 days following the expiration of an existing contract or another 30-day period a year later if there is still no contract. Current law allows challenges to be filed up to seven months before a contract expires.
Vetoed by the Governor
Regulation of office-based surgery:
Sets patient safety standards for surgical procedures performed in doctor’s offices by requiring these settings to be accredited through the state Department of Health, requiring physicians to report adverse events, and stating that operating without accreditation would constitute professional medical misconduct.
Approved by the Governor