REPORT: July/August 2006

Legislative session ends with victories for nurses

by Nancy Webber

Nurses in New York State can look back on the most recent session of the State Legislature with some satisfaction.

Although several nursing issues, such as a ban on mandatory overtime, remained unresolved, other significant measures passed both houses of the legislature. This is a tribute to the time and effort made by NYSNA members and other RNs who attended the NYSNA Lobby Day and contacted their legislators about these issues.

As Report went to press, most of these bills were awaiting action by the Governor.

Protecting the title ‘nurse’

The “Title Protection” bill, written and actively supported by NYSNA, will limit the use of the title “nurse” to only registered professional nurses and licensed practical nurses. The issue had been before the legislature for several years, but previously was part of a more controversial measure requiring public disclosure of staffing levels.

“Unbundling” title protection helped to smooth the way for its passage, as did a widely read story that appeared last fall in the New York Daily News. That story, with the headline “Monster Nurse,” documented a case of an unlicensed “baby nurse” who had abused a child in her care. NYSNA used the story, which offended many “real nurses,” to illustrate the need for title protection.

The law will take effect in one year.

• Signed into law.

Improving pension options for NYC nurses

Under the shorthand title of the “physically taxing bill,” this measure moved far and fast. It was introduced for the first time early in the session and passed both the Senate and Assembly by the end of June.

The measure adds RN positions to the list of “physically taxing” occupations in the New York City Administrative Code. If signed by the Governor, this addition will allow RNs who work for the city to retire at age 50 with full benefits after at least 25 years of service.

NYSNA members who work for the city lobbied actively for this measure. They also convinced the New York City Council to pass a “home rule message” necessary for enactment of the legislation.

• UPDATE: Vetoed by the Governor

Workplace violence prevention

The legislature passed a bill requiring public employers with 20 workers or more to evaluate workplaces to determine conditions that would put employees at risk for assaults or homicide. They then must develop a written workplace violence prevention program, which must be made available to employees. It allows employees to report unsafe conditions to the state Department of Labor and prohibits retaliation against them for making such reports.

• Signed into law; takes effect October 2006

Nurse staffing in the OR

This measure, introduced by RN Assemblymember Aileen Gunther, would require that a circulating nurse be present in each operating room during surgical procedures. This would improve patient safety by prohibiting the practice of having the circulating nurse provide care in multiple operating rooms at the same time.

• UPDATE: Vetoed by the Governor

Practice of nurse practitioners

Three bills would confirm nurse practitioners’ scope of practice. One would include NPs among the healthcare professionals who can order restraints for patients in behavioral health settings if medically necessary. Current law allows only physicians to order restraints, which can delay necessary care if a physician is not available. The other bill allows NPs to certify disability for individuals who want to apply for a handicapped parking permit and a third allows NPs to sign death certificates.

• UPDATE: Vetoed by the Governor

‘Good faith’ bargaining in public sector

Two measures to reduce the advantage of public employers in labor negotiations could have a significant impact on nurses who work in the public sector. One bill creates a presumption of bad faith bargaining when an expired contract extends beyond a year without resolution and would allow state Public Employees Relations Board to use expedited impasse procedures to produce a settlement. The other bill would reduce penalties for public employees who go on strike, which is illegal under the state’s “Taylor Law.”

• UPDATE: Vetoed by the Governor

Other bills that passed the legislature:

A measure to create an expert panel on palliative care, education, and training. While most of the bill focuses on palliative care education for medical students, the council is required to include one representative from the nursing profession.

A bill providing that no employee of the state Office of Mental Health will be required to enter the home of a person with serious mental illness unless accompanied by at least one other employee. These employees also must be provided cell phones or other means of emergency communications and receive training in safety and violence prevention.