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Politics of Caring | Issues Update | Health & Safety

The Politics of Caring
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American Journal of Nursing - August, 2004 - Volume 104, Issue 08

By Rose Gonzalez, MPS, RN, and Margaret Kay

Federal Update

Recent publicity about an RN claiming responsibility for as many as 40 patient murders in various medical facilities has focused public, media, and legislative attention on the lack of a national information clearinghouse for RNs and other licensed health care professionals who have been disciplined for providing poor care or have been convicted of crimes related to such care.

In response to this need, Senators John Corzine (D-NJ) and Frank Lautenberg (D-NJ) have worked with the ANA to draft legislation establishing such a national reporting system, which will expand on the National Practitioner Data Bank (NPDB), created in 1986 to track licensing, disciplinary, and medical malpractice actions taken against U.S. physicians and dentists. While RNs have been included in the NPDB, reporting their actions has not been required.

In addition to protecting patients, the Safe Health Care Reporting (SHARE) Act of 2004 (S 2341) would provide due-process protections for RNs who have been reported, including the right to adequate notice and review of the report, the ability for the RN to request a hearing before an arbitrator to contest the report, the right to legal or union representation at any such hearing, the right to question witnesses, and the right to review the final written report of the arbitrator. The SHARE Act also would protect nurse whistleblowers from employment discrimination and retaliation.

The SHARE Act has been referred to the Senate Health, Education, Labor, and Pensions Committee. For further updates, check www.anapoliticalpower.org.

State News

The New York State Assembly recently passed a bill that would require health care facilities to publicly disclose the number of RNs, licensed practical nurses, and unlicensed personnel providing patient care, as well as the hours of nursing care provided to each patient. The New York State Nurses Association applauds the passage of the measure because its enactment would give patients and their families vital information that would help them determine where they can receive the best available nursing care. Studies have shown that having too few RNs per unit leads to higher death rates and levels of patient complications. Furthermore, facilities would be required to report the incidence of these complications, such as medication errors, bedsores, and urinary tract infections. Finally, the bill would prevent health care workers from calling themselves nurses unless they are licensed RNs or LPNs, a much-needed protection for both the public and nurses.

Tips for Political Action

You can change the world with one vote, but you can’t vote if you’re not registered. Most jurisdictions have September or October cutoff dates for registering in time for the November 2nd general election. To find out the cutoff time for your area, go to www.anapoliticalpower.org and click on “Election 2004 Action Center” and then “Election Dates and Voter Registration Deadlines by State.” From that page you can learn more about how to register in your area by clicking on the link to “online voter registration tools,” which offers links to numerous helpful Web sites.


Rose Gonzalez is director of government affairs and Margaret Kay is periodicals manager at the ANA.


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