AB489: Bill Text

AB489,,40 (f) A hospital, in collaboration with its nurse staffing committee, shall implement to the best of its ability the nurse staffing plan.

AB489,,41 (g) If staffing falls below the levels proposed in the nurse staffing plan for the previous reporting period, a hospital shall include, in its nurse staffing plan for the subsequent reporting period, a description of any differences between the staffing levels described in the previous staffing plan and the actual staffing levels for each patient care unit and any actions the hospital intends to take to address the differences or adjust staffing levels in future staffing plans.

AB489,,42 (h) A hospital shall post its nurse staffing plan on each unit of the hospital in a location that is visible, conspicuous, and accessible to staff, patients, and the public.

AB489,,43 (i) The department shall post each hospital’s nurse staffing plan on the department’s website.

AB489,,44 (3) Nurse staffing committee. (a) A hospital shall maintain a nurse staffing committee to assist in the preparation of its nurse staffing plan. The majority of the nurse staffing committee members shall be nonsupervisory registered nurses who are employed by the hospital and whose primary responsibility is to provide direct patient care.

AB489,,45 (b) In a hospital in which registered nurses providing direct patient care are included in a collective bargaining unit established under ch. 111, the representative of the collective bargaining unit shall select the registered nurse members of the nurse staffing committee, subject to the requirements under par. (a).

AB489,,46 (4) Nurse staffing records. (a) A hospital shall maintain accurate records of the actual ratios of registered nurses providing direct patient care to patients in each unit of the hospital during each shift for at least 3 years. The records must include the number of patients in each unit during each shift and the number of registered nurses assigned to provide direct patient care to each patient in each unit during each shift.

AB489,,47 (b) A hospital shall make the records under par. (a) available to the department and, upon request, to hospital staff, to a collective bargaining representative of hospital staff, to patients, and to the public.

AB489,,48 (5) Complaints. A hospital employee, patient, or member of the public may file a complaint with the department to report any suspected violation of subs. (2) to (4).

AB489,,49 (6) Hospital failure to comply with nurse staffing plan and reporting requirements; corrective action; penalties. (a) Nurse staffing plan deadline; penalty. The department shall review each nurse staffing plan provided by a hospital under sub. (2) (a) to ensure it is received by the date determined by the department under sub. (2) (a). A hospital that fails to submit a nurse staffing plan by the date determined by the department under sub. (2) (a) shall forfeit $25,000.

AB489,,50 (b) Corrective plan of action; penalty. 1. The department shall investigate a complaint received under sub. (5) that is accompanied with documented evidence of a hospital’s failure to establish a nurse staffing committee, conduct an annual review of a nurse staffing plan, submit a nurse staffing plan on an annual basis, or meet the nurse staffing levels provided under sub. (2) (d) in violation of sub. (2), (3), or (4).

AB489,,51 2. If, after an investigation, the department determines a violation has occurred, the department shall present its findings to the hospital and require the hospital to submit a corrective plan of action within 45 days from the time the department presented its findings to the hospital.

AB489,,52 3. If a hospital fails to submit or follow a corrective plan of action, the hospital may be required to forfeit $5,000 for each day that the hospital fails to submit or follow the corrective plan of action. The forfeitures under this subdivision shall accrue until the hospital submits and follows for 90 days a corrective plan of action that has been approved by the department. If the hospital follows the corrective plan of action for 90 days, the department may reduce the forfeiture amount accrued under this subdivision.

AB489,,53 (c) Posting violations. The department shall post on its website a report of violations of subs. (2) to (4) and maintain for public inspection records of any civil penalties and administrative actions imposed on hospitals under this subsection.

AB489,2 Section 2. 103.035 of the statutes is created to read:

AB489,,55 103.035 Mandatory overtime for registered nurses in hospitals prohibited; exceptions. (1) Definitions. In this section:

AB489,,56 (a) “Hospital” has the meaning given in s. 50.33 (2).

AB489,,57 (b) “Overtime” means any of the following:

AB489,,58 1. Time worked in excess of a regularly scheduled daily work shift that has been determined and agreed to before the performance of the work, immediately following the regularly scheduled daily work shift.

AB489,,59 2. Time worked in excess of 12 hours in a 24-hour period.

AB489,,60 3. Time worked in excess of 40 hours in a previously determined workweek.

AB489,,61 (c) “Registered nurse” has the meaning given in s. 146.40 (1) (f).

AB489,,62 (2) Mandatory overtime prohibited. (a) Except as provided in par. (b), no hospital may require a registered nurse to work overtime.

AB489,,63 (b) A hospital may require a registered nurse to work overtime only in one of the following instances:

AB489,,64 1. The hospital has determined that the safety of a patient requires that a registered nurse work overtime and the hospital has found that no reasonable alternative exists.

AB489,,65 2. The registered nurse is working in an ongoing surgical procedure at the time the hospital requires the nurse to work overtime.

AB489,,66 3. The registered nurse is working in a critical care unit and is required to work overtime until the nurse is relieved by another scheduled registered nurse.

AB489,,67 4. During any time that the president of the United States declares a public health emergency under 50 USC 1621 that affects the region of this state in which the hospital is located.

AB489,,68 5. During any time that the governor declares a public health emergency under s. 323.10 that affects the region of this state in which the hospital is located.

AB489,,69 6. During any time of adverse weather conditions, catastrophe, or widespread illness within the hospital.

AB489,,70 (3) Voluntary coverage. Before requiring a registered nurse to work overtime under sub. (2) (b), the hospital shall make a good faith effort to have those work hours covered on a voluntary basis.

AB489,,71 (4) Right to refuse mandatory overtime. A registered nurse may refuse to work overtime if the nurse believes in good faith that the hospital has not made a good faith effort to fill the work hours covered by the overtime mandate. A hospital may not discharge, retaliate, or discriminate in promotion, in compensation, or in the terms, conditions, or privileges of employment against the registered nurse for refusing to work the overtime.

AB489,,72 (5) Enforcement. A registered nurse who is discharged, retaliated, or discriminated against in violation of sub. (4) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a hospital has violated sub. (4), the department may order the hospital to take such action under s. 111.39 as will effectuate the purpose of this section. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this subsection.

AB489,3 Section 3. 106.54 (10) (c) of the statutes is created to read:

AB489,,74 106.54 (10) (c) The division shall receive complaints under s. 103.035 (5) and shall process the complaints in the same manner as employment discrimination complaints are processed under s. 111.39.

AB489,4 Section 4. 111.322 (2m) (a) of the statutes is amended to read:

AB489,,76 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, 146.998, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB489,5 Section 5. 111.322 (2m) (b) of the statutes is amended to read:

AB489,,78 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, 146.998, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB489,6 Section 6. 146.998 of the statutes is created to read:

AB489,,80 146.998 Nurse rights regarding safe nursing standards; cause of action. (1) Definitions. In this section:

AB489,,81 (a) “Hospital” has the meaning given in s. 50.33 (2).

AB489,,82 (b) “Registered nurse” has the meaning given in s. 146.40 (1) (f).

AB489,,83 (2) Right to refuse. A registered nurse may object to or refuse to participate in an activity, policy, practice, assignment, or task if, in good faith and in the registered nurse’s professional judgment, the registered nurse is not prepared by education, training, or experience to fulfill the activity, policy, practice, assignment, or task without compromising the safety of a patient or jeopardizing the registered nurse’s license. A registered nurse’s professional judgment under this subsection shall be based upon the registered nurse’s application of knowledge, expertise, and experience in conducting a comprehensive nursing assessment of a patient and making independent decisions about patient care in accordance with state law and administrative rules, including the need for additional staff.

AB489,,84 (3) Disciplinary action prohibited. A hospital may not do any of the following in response to a registered nurse’s refusal to participate in an activity, policy, practice, assignment, or task under this section:

AB489,,85 (a) Discharge, retaliate, or discriminate against, or otherwise subject the registered nurse to an adverse action with respect to any aspect of the registered nurse’s employment, including actions related to promotion, compensation, or terms, conditions, or privileges of employment.

AB489,,86 (b) File a complaint or report against a registered nurse with a state professional disciplinary entity.

AB489,,87 (4) Cause of action. A registered nurse or the collective bargaining representative or legal representative of a nurse who has been discharged, retaliated, or discriminated against, subjected to an adverse action, or the subject of a complaint or report filed with a state professional disciplinary entity in violation of sub. (3) may bring a cause of action against the hospital that violated sub. (3). A registered nurse who prevails in a cause of action under this subsection is entitled to at least one of the following:

AB489,,88 (a) Reinstatement.

AB489,,89 (b) Reimbursement of lost wages, compensation, and benefits.

AB489,,90 (c) Reasonable attorney fees, notwithstanding s. 814.04 (1).

AB489,,91 (d) Court costs.

AB489,,92 (e) Any other reasonable damages.

AB489,7 Section 7. Initial applicability.

AB489,,94 (1) Collective bargaining agreements. This act first applies to a registered nurse, as defined in s. 146.40 (1) (f), who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB489,8 Section 8. Effective dates. This act takes effect on the day after publication, except as follows:

AB489,,96 (1) Nurse staffing records. The treatment of s. 50.373 (4) takes effect on the first day of the 4th month beginning after publication.

AB489,,97 (end)