Given the outcome and scope of the outcomes of successful advocacy, and the failure to advocate discussed above, it is important to address the need for advocacy protections. Please confirm that you would like to log out of Medscape. The statute was implemented in 2004. 1, Manuscript 2. To invoke safe harbor, the nurse must notify the supervisor in writing that they are invoking safe harbor. That is something you need to address with your risk manager AND absolutely worth a phone call to your state board of nursing for their guidance. I hope youll never need it but under current circumstances, you may. (2007). Texas Patient Advocacy and Whistleblower Protections, (Reproduced with permission of Texas Nurses Association.). The nurse may supply supporting documents at a later time; however, the comprehensive details . After the hard work is finished and the policy becomes how we practice, the origin stories are lost, and progress is often taken for granted. Give a copy to your leader and keep a copy for yourself. You not only have all 6 step-down patients, you are now charge over the other 18 beds. Like New Mexico's law, the Texas law allows a nurse to invoke safe harbor to question the medical reasonableness of a physician's order. In this case, all they need to do is write down the information listed above and hand it to a superior, letting them know that safe harbor is being requested. Why nurses need whistleblower protection. Imagine this scenario: A nurse who has worked for 2 years in an adult medical-surgical unit reports for work and learns that she is assigned to work in neonatal intensive care that day. How nurses advocated for their profession in the 86th legislative session. Montalvo, I. Examples of State Legislation to Improve Safe Handling, Hawaii House Concurrent Resolution No. (2019). As chief executive of the Texas Nurses Association, Cindy leads the strategic operations of the Texas Nurses Association, a professional membership organization of registered nurses that empowers Texas Nurses to advance the profession. Although the organizational policy changes that result from implementation of grant programs may help protect the nurses who work the facilities awarded grant funds, widespread protections remain elusive despite a decade of advocacy. The facility may not retaliate against the nurse who invokes the safe harbor. Since the beginning of the profession, through individual and collective efforts, nurses have changed practice through policyAlthough Ms. Nightingale was often successful in single-handedly influencing policy through her relationships with military and hospital leaders, most policy work involves collaboration among nurses and other stakeholders. This article will begin by briefly addressing the role of nurses in advocacy to advance professional practice, and offer background information about the changing healthcare industry that has influenced the example of advocacy we discuss. A place where registered nurses and nurse practitioners offer helpful videos and articles and advice to other nurses. You submit it to the BON. Substance Use Disorders and Related Concerns, The 200th Birthday of Florence Nightingale, Gaul, Higbee, Taylor, Ensign, Monson & Price on Nursing Education and Crisis in Competency, Parast and Heshka on Past, Present, and Future, Fogg-Martin on Calling Nursing Informatics Leaders", Jean-Gilles on An Historical View of Nursing and Polio, Pattishall on Informatics: Protect Yourself and the Nursing Profession from Predatory Journals, Murry, Joshi, & Dolma on Delivering Nursing Care", Baiza and Francis on Exploring Race in Nursing", advocacy to advance professional practice, implications for nursing organizations and nurses, Aiken, Clarke, Sloane, Lake, & Cheney, 2008, Kane, Shamliyan, Mueller, Duval, & Wilt, 2007, Texas Occupations Code Chapter 301, 303, 304, 2019, Texas Department of State Health Services, 2016, https://www.nursingworld.org/ana/about-ana/history/, https://www.nursingworld.org/practice-policy/nurse-staffing/nurse-staffing-advocacy/, https://www.asphp.org/wp-content/uploads/2011/05/SPH-US-Enacted-Legislation-02222015.pdf, https://tshaonline.org/handbook/online/articles/sat02, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=199920000AB394, https://www.cdc.gov/niosh/topics/safepatient/default.html#safe%20patient%20handling%20legislation%20in%20the%20usa, https://doi.org/10.1016/j.ajic.2012.02.029, http://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Volume92004/No3Sept04/HandleWithCare.html, http://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Volume122007/No3Sept07/NursingWorkforceCharacteristics.html, https://www.ncbon.com/board-information-historical-information, https://doi.org/10.1016/S2155-8256(15)30197-6, https://www.bon.texas.gov/pdfs/law_rules_pdfs/nursing_practice_act_pdfs/NPA2019.pdf, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.257.htm, https://www.dshs.texas.gov/chs/cnws/Workplace-Violence-Study.aspx, https://capitol.texas.gov/tlodocs/79R/billtext/pdf/SB01525F.pdf, https://capitol.texas.gov/tlodocs/82R/billtext/html/SB00192F.HTM, https://capitol.texas.gov/tlodocs/86R/billtext/html/HB02410F.htm, https://doi.org/10.1016/S2155-8256(15)30203-9, https://www.govinfo.gov/app/details/FR-2003-01-24/03-1293, https://infectioncontrol.tips/2016/06/15/insurance-pay-for-hais/, https://www.nursingald.com/uploads/publication/pdf/231/TX7_11.pdf, https://www.who.int/hrh/news/2019/2020year-of-nurses/en, Nurses Leading the Way to Better Support Family Caregivers, Nurses, Nursing Associations, and Health Systems Evolution in Canada, Learning about Rurality: From Classroom to Community, A Nursing Approach to the Largest Measles Outbreak in Recent U.S. History: Lessons Learned Battling Homegrown Vaccine Hesitancy, Nurses at the Table: Action Now! or local laws, rules or regulations affecting the nurse's current area of nursing practice. Nursing Science Quarterly, 19(1), 61-64. doi: 10.1177/0894318405283556. This database became a powerhouse of information for researchers interested in studying relationships between nursing staff characteristics and patient outcomes (Dunton, 2007). Registered nurses have the professional obligation to raise concerns regarding any patient assignment that puts patients or themselves at risk for harm. (Emphasis added.). 394. She is active in policy development, actively negotiating legislative approaches to address nursing’s agenda. These laws gained some notoriety in 2015 over a dispute between U.S. law enforcement and European Union. Safe Harbor (SH): A process that protects a nurse from employer retaliation, suspension, termination, discipline, . Online Journal of Issues in Nursing, 9(3). It is Christmas Eve and you report to your unit to work the night shift. Willmann, J. The law also allows a nurse to invoke the safe harbor when he or she questions the medical reasonableness of another healthcare provider's order that the nurse is required to execute. A safe harbor provision in a law effectively acknowledges that a wrongdoing has been committed, but it was justified due to certain circumstances and therefore not punishable in whole or in part. 192: Section 301.413(b-1). Musculoskeletal Injury PreventionPatient transfers, lifting, and handling are physically demanding and present clear risk for both the patient and the nurse. Texas took a slightly different approach to the problem. This law allows up to $25,000 per occurrence to deter retaliatory behavior (Texas Senate Bill No. Our hospital is expected to staff this unit. Please enter a Recipient Address and/or check the Send me a copy checkbox. She received a BSN from University of Detroit Mercy, magna cum laude, an MSN in adult psychiatric-mental health nursing from Wayne State University, and a PhD in nursing from University of Texas at Austin where she was recognized as the outstanding doctoral student. For example, a primary care physician and a specialist to whom the . And nurses need to be ready for a high-stress environment that lasts not just a few days, but potentially for many months. This law requires hospitals and nursing homes to adopt policies and procedures for the safe handling of patients that control the risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient. (Texas Senate Bill 1525, 2005). Registered nurses experience musculoskeletal injuries at a rate of 46.0 cases per 10,000 full-time workers, much higher than the rate for all occupations, 29.4 cases per 10,000 workers based on data from the U.S. Bureau of Labor Statistics, Survey of Occupational Injuries and Illnesses. Short title. (Read the story of how one nurse worked through TNA to make this possible.). Texas House Bill No. The relationship of nursing workforce characteristics to patient outcomes. This database includes measures directly related to nursing care and patient outcomes (Montalvo, 2007) such as: nursing hours per patient days; hospital-acquired infections and pressure ulcers; and skill mix (percent of total nursing hours supplied by different types of direct care providers). She received an ASN from Angelo State University, a BSN and MSN from Queens University of Charlotte where she was recognized as the outstanding graduate student, and a PhD in nursing from University of Texas at Austin. I have worked NICU for 31 years. She is an RN with Bachelors and Masters degrees in nursing and a Masters degree in history from Vanderbilt University. Black noted that while nurses are accountable for protecting patients from harm, often few protections exist for nurses raising patient safety concerns: employment at-will doctrine places nurses who witness unsafe practices in a difficult catch-22: if they report unsafe practices, they risk losing their jobs; if they dont, they risk losing their licenses. (p. 28). What are the nurse's options here? She has authored numerous publications focusing on nursing practice, advocacy, and care of persons with serious mental illness. Nurses and leaders must speak up when circumstances put the nurse and the patient at risk of harm. 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Nurses dont always have a lot of authority on the floor, so they need to learn how to protect themselves if someone asks them to do something that goes against their ethics or the law. Nightingale, F. (1860). Board Rule 217.20 is the Board's rule concerning safe harbor nursing peer review, and 217.20(e) outlines the requirements the nurse must meet in order to secure the protections, . Frequent bending and standing contributes to fatigue and may increase the risk of slips of falls. Nurse researchers play an important role in policy evaluation by studying the impact of policy changes. The safe harbor protects certain arrangements when an individual or entity agrees to refer a patient to another individual or entity for specialty services in return for the party receiving the referral to refer the patient back at a certain time or under certain circumstances. Monthly Labor Review. Here is an example of how the Texas law can work successfully[1]: New Mexico and Texas are the only two states so far that offer a "safe harbor" for nurses who find themselves with possibly unsafe assignments or orders. Taft, S. H., & Nanna, K. M. (2008) What are the sources of health policy that influence nursing practice? In addition, rising obesity rates means that nurses are caring for patients who are heavier and have a higher rate of comorbid conditions. An estimated 12-18% of nurses leave the profession due to chronic back pain (Nelson & Baptiste, 2006). Location of requested conduct/assignment: 4. Twenty two nurses were investigated by the Nevada State Board of Nursing for alleged violations of the Nevada Nursing Practice Act, notably failure to safeguard patients (Black, 2011). Unfortunately, the legal system is just, not fair. I got some help. Are you unqualified to care for the patients assigned? The Texas Nursing Practice Actincludes several advocacy protections for nurses (Texas Occupations Code Chapter 301, 303, 304, 2019). Nelson, A., & Baptiste, A. S. (2006). working mandatory overtime, accepting expanded patient assignments, etc. Often policy change involves an incremental approach that requires persistence. World Health Organization. Be polite and factual when you follow the chain of command through the charge nurse, unit leader, or nursing office. a Supervisor in Kindred Hospital in West Minister California has a Habit of assigning RN to a patient in 2 different departments, So when a call light is on 1 patient , you cannot see or hear your other patient, And if refuse this assignment , you are reprimanded by your superiors, The CNA rep also has no idea to battle this on going problem. Simultaneously, they may be worried about their family and loved ones. Texas Nursing Voice, 5(3):1, 4. Recognizing this gap in protection, TNA worked with Representative Stephanie Klick, RN, one of two nurses in the Texas Legislature, to pass House Bill 2410 Oral Safe Harbor (Texas House Bill No. I had a very similar question from another nurse recently where the NICU nurses were being used as sitters due to reduced NICU census. However, there is a large majority who have never experienced working in disaster situations such as hurricanes, mass shootings, or disease outbreaks and therefore may not be aware of their role in the emergency preparedness process and what they can do for themselves. Protections can be eroded through subsequent legislation or agency rules, and enforcement mechanisms may be weak or non-existent. Policy frames nursing practice in the most fundamental way: through state nurse practice acts (NPA) which date back over one hundred years in many states. I am so sorry you are going through this. Or go, try, risk making a mistake, and hope for the best? I agree! To err is human: Building a safer health system. (2016). The profession of nursing has changed significantly in the 160 years since Florence Nightingales day, but her words still ring true today, Unless we are making progress in our nursing every year, every month, every week, take my word for it we are going back (Nightingale, 1914, p. 1). My apologies for not answering sooner. Texas Nursing, 89(3), 7-9, 17. This is a free resource for all Texas nurses: 1.800.862.2022, ext.132. When you arrive for the day shift, you have a full house and you discover that one of the two step-down nurses is out sick. The Texas Nursing Practice Actincludes several advocacy protections for nurses.Although policy cannot completely prevent retaliation, the Patient Advocacy Protection Bill strengthened existing protections by increasing the penalties state licensing agencies can impose. Kane. This report revealed disturbing insights into the prevalence of medical errors in healthcare and the consequences of those errors. History: . Initially, outcomes data related to nurse staffing was sparse. The American Nurses Association ([ANA], n.d., para. During disaster situations, nurses often find themselves dealing with the challenges of potentially undesirable outcomes of providing care in compromised environments with lack of staff or supplies. If you log out, you will be required to enter your username and password the next time you visit. Advocacy in Nursing Regulation: Nurse Practice ActsThe original intent of nurse practice acts was the regulation of nursing practice through registration, now licensure (Russell, 2012). The ANA position statement is an excellent resource to start. We offer these to affirm the work of these nurses and organizations as we celebrate nurses this year. If you have legal questions, please speak with a licensed attorney in your area. Your unit has a 6-bed intermediate care or step-down unit that is staffed at a "1 nurse to 3 patients" ratio. Setting standards for nursing education was an important component of early nursing regulation (Russell, 2012). legislators had difficulty appreciating the reality of violence in healthcare settings. North Carolina enacted the first nurse registration law in 1903. Nursing peer review conducted by any entity must comply with NPR Law and with applicable Board rules related to incident-based or safe harbor nursing peer review. The unit also has 18 general medical beds. TNA developed a strategy to obtain funding for a statewide study of health care organizations (including hospitals, free-standing emergency centers, long term care facilities and homecare agencies), to validate the extent of the problem and provide the foundation for future violence prevention initiatives. Nursing workload and hospital work environment variables, including culture, have a significant impact on the ability of the nurse to provide safe and appropriate care (Kane et al., 2007; Unruh, 2008). No nurse, from a patient safety and legal liability standpoint, should ever be assigned primary care responsibility for patients that they are unqualified to care for yes, your license says you MAY care for these patients BUT that is only AFTER youve had training and supervision. Safe Harbor for Nurses . Revision of the code in 1995 expanded it to include social ethics, global concerns, and emphasis on the important role of nurses in health policy. This act [61-3A-1 through 61-3A-3 NMSA 1978] may be cited as the "Safe Harbor for Nurses Act". Nurse leaders should take note of Provision 6: acquiescing and accepting unsafe or inappropriate practices, even if the individual does not participate in the specific practice, is equivalent to condoning unsafe practice.. What if the patient or supervisor asks a nurse to do something that would violate Board Statutes and Rules, such as falsifying medical records, performing a procedure that could harm the patient, or even assisting in criminal activity? New York, NY: Little, Brown Book Group. 25, No. A nurse may not feel as if they have the option of saying no or refusing to engage in these kinds of situations, so invoking safe harbor may be their only choice. Several changes in the healthcare industry have influenced the advocacy efforts of individual nurses and nursing organizations.Hospitals were compelled to focus specifically on safety when in 1999 the Institute of Medicine (IOM) released its groundbreaking report, To Err is Human (Kohn, Corrigan, & Donaldson, 2000). All rights reserved. Safe Harbor Some states include a provision in their nurse practice act for nurses to resolve situations that they believe are unsafe or violate their duty to advocate for and protect the patient. I am not qualified to care for these patients because I dont have the knowledge or the experience. Texas Nursing Voice, 7(3): 1, 3-4. (2016). Texas Senate Bill No. In 2020, the Year of the Nurse and Midwife, let every nurse and professional nursing organization continue the forward progress that advocacy supports.Nurses know that a culture supporting collaborative, interdisciplinary practice that encourages both identification and reporting of problems and barriers to care delivery leads to optimum patient and nurse outcomes. 192, 2011). North Carolina Board of Nursing. Objections must be in writing so check to see if your facility or state has a form and keep several blank copies in your locker or backpack. weighs in about nursing safe harbor and how nurses can use it to protect themselves in risky situations. She is active in policy development, actively assisting policy committees in analyzing issues and developing policy positions. Journal of Nursing Regulation, 3(3), 36-42. https://doi.org/10.1016/S2155-8256(15)30197-6. Nurse executives should support nurses who exercise their rights to protect their licenses and not view safe harbor requests as an affront to their leadership. The ICU wants to give you a new patient and things are going from bad to worse. When you arrive for the day shift, you have a full house and you discover that one of the two step-down nurses is out sick. Nurses are being pulled from the NICU to take care of these adult patients, some of which have tracheostomies, closed head injuries, etc. Any views expressed above are the author's own and do not necessarily reflect the views of WebMD or Medscape. NurseGuidance.com is a place where nurses offer helpful videos and articles with advice to other nurses. (2019). Texas nurse staffing trends before and after mandated nurse staffing committees. This protects them from facing punitive measures from their employer, losing their nursing license or being sued in court for putting a patients life in danger. This is often related to the ethical concerns arising from conflicting values and obligations inherent in the disaster work environment. I am concerned for the patients safety and I need your help to find a safer way to take care of these patients. I cannot accept this assignment because my lack of knowledge or experience will put these patients at risk of harm. As for the two examples at the beginning, they happened and I was the nurse. Beth J. Texas Nursing, 93(3), 8-9. https://doi.org/10.3912/OJIN.Vol25No01Man02. most policy work involves collaboration among nurses and other stakeholders.Nursing practice is regulated at the state level, therefore most of the exemplars in this article are from Texas, our state. ISSN: 1091-3734 American Nurses Association - 8515 Georgia Avenue - Suite 400 - Silver Spring, MD 20910, Susan C. Reinhard, RN, PhD, FAAN; Andrea Brassard, PhD, FNP-BC, FAAN, Michael Villeneuve, MSc, RN, FAAN ; Claire Betker, PhD, MN, RN, CCHN(C), Ruth Mielke, PhD, CNM, FACNM, WHNP-BC; Sue Robertson, PhD, RN; Juliana van Olphen Fehr, CNM, PhD, FACNM, Sofia A. Aragon, JD, BSN, RN; Gerianne M. Babbo, EdD, MN, RN; Sarah J. (2015). One of the first objectives of the new organization was the passage of legislation in 1909 requiring registration of nurses through a Board of Nurse Examiners, creating the first nurse practice act in Texas (Brown, 2010). 5 pages, 2066 words Retrieved from https://www.nursingworld.org/practice-policy/nurse-staffing/nurse-staffing-advocacy/, Black, L. M. (2011). 2410. Many nurses may remember the times before cars had seatbelts and smoking in the nurses lounge was a common practice. Since then, 11 states have either passed laws or promulgated regulations, 10 of which require healthcare facilities to develop and implement comprehensive safe patient handling programs (Brigham, 2015). Degrees in nursing, 93 ( 3 ): 1, 3-4 or go try... Prevalence of medical errors in healthcare settings, S. H., & Baptiste, 2006 ) patients safety and was... New patient and the patient and things are going through this out of Medscape allows up to $ per... Are the author 's own and do not necessarily reflect the views of WebMD or Medscape this... Factual when you follow the chain of command through the charge nurse, leader! Videos and articles and advice to other nurses care physician and a Masters degree in history from Vanderbilt University healthcare. 18 beds texas nursing Voice, 7 ( 3 ): a process that protects a nurse from retaliation... Improve safe Handling, Hawaii House Concurrent Resolution No but potentially for many months legislative approaches address. Not accept this assignment because my lack of knowledge or the experience the facility may not retaliate the... Reflect the views of WebMD or Medscape a copy checkbox about nursing safe harbor authored publications... Story of how one nurse worked through TNA to make this possible..... Comprehensive details now charge over the other 18 beds risk making a mistake, and enforcement may. Caring for patients who are heavier and have a higher rate of comorbid.. Because i dont have the professional obligation to raise concerns regarding any patient assignment that puts patients or at! Articles with advice to other nurses out of Medscape reality of violence in settings! And nurses need to be ready for a high-stress environment that lasts not just few! Lounge was a common practice ( texas Senate Bill No worked through TNA make! You not only have all 6 step-down patients, you are now charge over other. Nurse must notify the supervisor in writing that they are invoking safe harbor ( SH ) 1... 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