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Washington Watch

American Journal of Nursing - April, 2002 - Volume 102, Issue 4

Assessing Nursing’s Legislative Progress
At the 107th Congress, the ANA takes on the nursing shortage and mandatory overtime.

By Rose Iris Gonzalez, MPS, RN

During the first session of the 107th Congress, which ended December 20, 2001, the ANA implemented a multiprong strategy to address the nursing shortage and other staffing issues, with legislative remedies directed toward enhanced recruitment and retention, and improved working conditions for nurses.

Throughout 2001, ANA leadership testified on the shortage and workplace issues before a number of key congressional committees, including the Senate Committee on Health, Education, Labor, and Pensions (HELP), Subcommittee on Aging; the Senate Committee on Veteran’s Affairs; and the House Committee on Energy and Commerce, Subcommittee on Health. After September 11, the ANA provided testimony on the effects of the nursing shortage on emergency preparedness at a hearing of the House Committee on Education and the Workforce. The common theme throughout all of the ANA testimony was a call to lawmakers to pass legislative measures to attract new nurses to the profession and to enhance nurse retention by addressing poor work environments.

NURSE REINVESTMENT ACT NOT YET LAW

As a result of this intense ANA lobbying and the support of nurses nationwide, both the House of Representatives and the Senate passed different versions of the Nurse Reinvestment Act (HR 3487 and S 1864) on December 20, but the differences in the two bills must be resolved in committee before the final bill can become law. Both bills provide authority for scholarships andloan repayments for nursing students, as well as funding for public service announcements to promote nursing as a career. In addition, the Senate bill contains provisions for grants to promote Magnet criteria and best practices in nursing administration, as well as funding for faculty development, career ladder programs, and stipends and other support for nursing students. (Magnet criteria are set forth by the American Nurses Credentialing Center’s Magnet Recognition Program, which confers Magnet status on hospitals and long-term care facilities that place a high premium on nursing services.)

For a side-by-side comparison of the two versions of the Nurse Reinvestment Act, go to www.NursingWorld.org/gova/federal/news/reinvest.htm.

PROHIBITING MANDATORY OVERTIME

Also during the first half of the 107th Congress, the ANA persuaded lawmakers to address poor working conditions through legislation that would amend Medicare law to place strict limits on the use of mandatory overtime. This legislation, the Safe Nursing and Patient Care Act of 2001 (HR 3238), was introduced by Representatives Pete Stark (D-CA) and Steven LaTourette (R-OH) on November 6, 2001. Roughly a week later, a companion bill (S 1686) was introduced in the Senate by Senators Edward Kennedy (D-MA), John Kerry (D-MA), Hillary Rodham Clinton (D-NY), Paul Wellstone (D-MN), and Harry Reid (D-NV).

“This legislation would protect patients and nurses by prohibiting health care facilities from forcing exhausted nurses to work extra shifts, an unsafe practice that puts both patients and nurses at risk,” Foley said.

As the second session of the 107th Congress got underway, the ANA was actively pushing for passage of the Nurse Reinvestment Act and the Safe Nursing and Patient Care Act of 2001. Specifically, the ANA lobbied members of Congress to work out any differences between the Senate and House versions of the Nurse Reinvestment Act, to include the Magnet provision in the final bill, and to pass a measure that the president will sign into law.

In addition, the ANA and other labor unions held a February 20 briefing to educate Capitol Hill staffers in why mandatory overtime needs to be addressed legislatively and to urge for support of the Safe Nursing and Patient Care Act of 2001. As we went to press, the House bill had 56 cosponsors and more were expected to sign on. The Senate bill is beginning to garner support among senators.

The ANA encourages nurses to contact their members of Congress to urge them to act on these bills. Call the U.S. Capitol Switchboard at (202) 224-3121; or go to www.house.gov/house/MemberWWW.html (for representatives) or www.senate.gov/contacting/index.cfm (for senators). For more information on the ANA’s legislative activity, go to www.NursingWorld.org/gova/.

Rose Iris Gonzalez is the director of government affairs at the ANA.

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