2017 -- H 5314

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LC001078

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     STATE OF RHODE ISLAND

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

     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.

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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.

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