(c) Texas Nurses Association /15/2011

(1)

The Up & Down Roller

Coaster 2011 TX Legislature

Margie Dorman

Margie Dorman--O’Donnell, MSN, RNO’Donnell, MSN, RN

TNA President TNA President

&&

Fran Martin, MSN, RN Fran Martin, MSN, RN

TNA Grassroots Consultant TNA Grassroots Consultant

Identify the Up’s of the Roller Coaster 2011 Legislative Session – what passed.

Describe the Down’s of the Roller Coaster 2011

l h d d

Legislative Session – what did NOT pass & why.

Discuss what do the “Rails” ahead look like.

Decisions

Decisions affectingaffecting nursesnurses &&

their patients will be made

Nursing

Nursing has benefited fromhas benefited from

Nursing

Nursing hashas benefitedbenefited fromfrom

participating participating

Health

Health carecare policypolicy needsneeds

nursing’s perspective

(2)

Nursing initiated legislation Health policy legislation Oh My Gosh Bills!

Long term strategy and presence How legislative process works & If successful why ll b i Collaboration Compromise Doing your homework Look for opportunities Results of 2010 elections Results of 2010 elections

More conservative House (Tea Party Influence) More conservative House (Tea Party Influence) Republican supermajority in House and significant

Republican supermajority in House and significant

majority in Senate majorityjj yy in Senate Dominating issues: Dominating issues: Redistricting Redistricting Budget Budget Other controversial issues: Other controversial issues:

Voter ID, immigration Voter ID, immigration Political ambitions Political ambitions

(3)

(4)

To assist the two nurses as To assist the two nurses as individuals

individuals

To evaluate patient advocacy To evaluate patient advocacy protections for nurses and protections for nurses and enhance if needed

enhance if needed

What

passed!

(5)

passed

Immunity

Immunity fromfrom criminalcriminal liabilityliability forfor reportingreporting patientpatient

safety

safety concernsconcerns Establish

Establish goodgood faithfaith (rather(rather thanthan withoutwithout malicemalice)) asas

standard for making protected reports.

Protect Protect::

Nurses who advise nurses about their rights Nurses who advise nurses about their rights

Nurses from all persons in a position to retaliate (not just Nurses from all persons in a position to retaliate (not just the employer)

the employer)

Authorize licensing agencies to impose fines up to

$25,000 for retaliation

Protect the “nurse

Protect the “nurse advocateadvocate role”role”

appropriated

Nursing shortage reduction program

HB1 – Appropriations bill

Hoped to match $49.7 mil from 2009

$30 illi

$30 million

Tobacco lawsuit trust fund income $5 million

14

Copyright Texas Nurses Association 2011

passed

Confidentiality of personal information provided BON as part of licensure process BON data depository systemp y y Technical/correcting amendments to NPA 15

(6)

Passed

Bills affecting public school student health School Districts with 50% Free Lunch Public School policy on Anaphylaxis

More

Up’s

of

2011

Legislature

More

Up’s

of

2011

Legislature

Initiated

by

Others

Initiated

by

Others

What

passed!!

What

passed!!

Passed

Expanded authority of aides to administer meds in

some publicly funded programs for persons with

intellectual

intellectual && developmentaldevelopmental disabilitiesdisabilities Greater use of medication aides in correctional

Greater use of medication aides in correctional systemsystem Increased

(7)

The BIG question ‐‐‐what will it be?

As is? Changed?

Will TX have it’s own version?

19

What

Did

What

Did

NOT

Pass

&

Why

did

did not

not pass

pass

Give publicly employed nurses same right to sue for

damages as other nurses have if retaliated against

for engaging in protected patient advocacy activities

Referred to as “waiver of sovereign immunity” Referred to as “waiver of sovereign immunity” Bill provided for a “limited” waiver

Bill provided for a “limited” waiver

Retaliation is already

Retaliation is already isis illegalillegal

Purpose was to give nurses legal

Purpose was to give nurses legal remedyremedy to accessing

to accessing courtscourts ifif retaliatedretaliated againstagainst forfor makingmaking

internal report internal report

(8)

did

not

pass

did

not

pass

APRN Prescriptive Authority

Numerous bills

Enhanced criminal penalties for assaulting nurses Enhanced criminal penalties for assaulting nurses Self‐directed, semi‐autonomous status for BON

22

Good

that

Good

that

Did

Not

Pass

Proposal

Proposal toto abolishabolish CenterCenter forfor NursingNursing WorkforceWorkforce

Studies Studies

Consolidation of health professional licensing

Consolidation of health professional licensing boardsboards Authorizing one (pilot) community college to offer a

Authorizing one (pilot) community college to offer a

baccalaureate in

baccalaureate in nursingnursing

23

The one that almost

passed

passed!!!!

***Confidentiality

y

of

nurse

reporting

a

Dr.

to

TMB***

(9)

Continued!!

CNA/NNOC

CNA/NNOC ratioratio plusplusbillbill

Anesthesiologist assistants bill

27

(10)

New Leadership ?? New Leadership ??

Lt. Governor, Governor

Results of

Results of 20122012 electionselections

Will Legislature become more conservative Will Legislature become more conservative

Will Republican maintain supermajority in House and

achieve one in Senate achieve one in Senate

Dominating issues: Dominating issues:

Budget Budget

Health care reform ???? Health care reform ????

APRN prescriptive authority

Scope of legislation to be determined over interim May be an interim study

Preventing violence against nurses in the workplace Preventing violence against nurses in the workplace

Scope of legislation to be determined over interim May be an interim study

Self‐directed, semi‐autonomous status for BON

29

Unknown but expected

Recommendations requiring legislation

Unknown but expected

Anesthesiologists assistants Mandated ratio bill by CNA/NNOC Patient advocacy bill by CNA/NNOC

(11)

Working

together

anything

is

possible!!

??

_??

??