Legislative agenda for 2001–02 approved by MNA Board of Directors
By Gloria Craven RN, MS
Director, Department of Legislation and Government Affairs

During the course of 2000, the Congress on Health Policy and Legislation has held numerous Blue Ribbon Commission events to gather information about the most pressing nursing issues that face us. The goal of these discussions was to produce a legislative package that was problem solving and pro-active for nurses, the patients we serve and the community as a whole. After much deliberation and thoughtful discussion, the Congress presented the MNA Board of Directors with its recommendations of legislation to file for the 2001–2002 legislative session. The agenda is a mixture of re-filed bills, totally new bills and improvement on bills filed in the past. Comprehensively, this package addresses and begins to bring solutions to the many issues of concern to all of us, in our profession and in the delivery of quality health care services. A brief summary of each bill is included below for your review. 

An Act Relating to Medical Services for Children Under the Care of the Department of Social Services (re-file). Creates assured access to the services of registered nurses for children and their foster families when the children have complex medical problems, such as HIV infections. The nurses would coordinate medical passport, hospital visits, medical case conference, education and management.

An Act Relative to Group 2 Employees (re-file). Elevates registered nurses and other health care professionals that are state employees to a "professional status" for the purposes of their retirement. They are currently considered "technical status" in the state system. 

An Act Relative to Interest Arbitration for Health Care Professionals (re-file). Provides for the use of binding interest arbitration in the case of a collective bargaining impasse with the state. The purpose is to expedite the process, ensuring a fair and objective settlement to contract negotiations.

An Act to Include Certain Municipal Employees of the Commonwealth in Group 2 of the Contributory Retirement System for Public Employees (re-file). Elevates nurses in municipal employment from a technical position to a professional position for the purposes of retirement.

An Act to Ensure Sufficient Nursing Care (re-file with language changes). Defines "sufficient nursing care to meet the planned and unplanned needs of patients." This regulation has not been defined, but this legislation would define nurse staffing by taking into account the patient's acuity of illness, the patient's capacity for self-care and the standards of nursing practice. There would be an RN executive/leader and a quality assurance RN, a health and safety RN designated to each facility; reporting mechanisms for insufficient nursing care, with potential fines and license revocation. 

An Act Relative to the Public's Right to Comparative Nursing Care Data (re-file with language changes). Would include nurse-sensitive data collection in the reports of patient outcome data from hospitals, clinics and HMOs. An annual, and as requested, consumer report which profiles this data and the approximate nature and amount of nursing care patients can expect to receive from a given institution, would be required as part of the patients' bill of rights.

An Act To Ensure Safe Medication Administration (re-file with language changes). This bill would amend the Controlled Substances Act (Chapter 94C) by mandating that only licensed professionals may administer Schedule II - VI medications, thus clarifying and strengthening Chapter 94C. It would reverse regulatory changes which teach and mandate unlicensed direct care personnel to administer all schedules of medications in group home settings, after only a 16-hour course and state certification. Those who can self administer, have family or have personal care attendants to aid with self administration are exempt from the requirements of this legislation. It will also be structured to capture medication errors along with other systems, which collect this information. 

An Act Relative to a Director of Nursing in the Department of Public Health (new).  This bill would create a director of nursing to work with the commissioner. A strategic nursing focus in public health initiatives is needed. 

An Act Relative to the Public Health Council (new). The Public Health Council has existed for decades. The council's primary role currently is to approve certificates of needs for health care facilities and new regulations in relation to health care delivery. There has never been a nursing position on the mostly consumer board. There are a number of physician positions. This bill would create a nursing position on this important council. 

An Act Related to a Comprehensive Workplace Violence Prevention Programs in Health Care (new). This bill would mandate a comprehensive workplace violence prevention program, along with counseling program for victims of workplace violence who work in the delivery of health care. It would also address the risk of violence and the appropriate retirement compensation for those professionals who care for these populations in public sector settings.

An Act Relative to the Home Care of Developmentally Disabled Children (new). This bill would improve the care of children who are developmentally disabled and in need of home care services. The legislation would create a training program for the care of these children and a stable pool of qualified nurses. Further, the nurses would be employed by the state and would also be granted benefits and commensurate salaries in an attempt to decrease the rapid turnover of providers experienced by these families.

An Act Relative to Group 4 for Health Care Professionals (new). This legislation would place those state employed health care professionals who work with violent or potentially violent populations in Group 4 for the purposes of their retirement. Group 4 recognizes state employees who work in dangerous situations. 

An Act to Address the Nurse Shortage (new). This bill would address one component of the nursing shortage (decreased enrollment in schools of nursing) by encouraging people to enroll in nursing programs and offer loan forgiveness in state schools of nursing. 

An Act Relative to an RN Vanity License Plate (new). This bill would create an RN vanity license plate with directed funding to provide scholarships for nursing with an emphasis on attracting a diverse population to enter and advance in the nursing profession.