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Government Affairs
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ANA 2005 State Legislative Trends Report

starReports and Maps

Introduction to the American Nurses Association's (ANA) State Legislative Trends Report

Welcome to the State Legislative Trends Report. This year, ANA’s State Government Relations staff has chosen to highlight nine state legislative trends ANA is promoting across the country as part of our Nationwide State Legislative Agenda on Nurse Staffing.

This is the sixth year our members, State Nurses Associations (SNAs), are working in coordination with ANA to implement a Nationwide State Legislative Agenda on Staffing that focuses on prohibition of mandatory overtime; mandatory development and implementation of valid and reliable nurse staffing systems; whistleblower protections for nurses who want to report unsafe conditions without retribution; mandatory collection of nursing supply and demand data for state nursing workforce projections; funding for nursing education; protection of the title "nurse" thereby protecting the public against those who are not nurses but identify themselves as such; requiring health care facilities to develop programs to prevent work-related musculoskeletal disorders and eliminate manual patient handling; and elimination of mercury in health care devices.

As of December, 2005, state legislators have responded with the establishment of new laws/regulations in the following states and ANA Staffing Agenda categories:

Prohibition of Mandatory Overtime — enacted in 11 states:
• CA [regulations], CT, IL, ME, MD, MN, NJ, OR, TX [regulations], WA, WV

Nurse Staffing Plans — enacted in 8 states:
•CA [regulations], FL, KY, NV [regulations], OR, RI, TX [regulations], VA

Whistleblower Protection — enacted in 21 states:
• AZ, CA, FL (public employees), IL, KY, MA, MD, ME, MI, MN, NJ, NV, NY, OH, OR, TX, UT (all employers), VA, VT, WV, WI

Collection of Nursing Workforce Data — enacted in 25 states:
• CT, FL, GA, HI, ID, IL, IN, KY, MD, ME, MS, NC, NE, ND, NH, NJ, NY, OK, SD, TN, TX, VA, WA, WI, WV]

Funding for Nursing Education — enacted in 38 states:
• AR, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KY, LA, MD, ME, MI, MO, MS, NC, ND, NE, NH, NM, NV, NY, OH, OK, OR, PA, RI, SD, TX, VA, VT, WV, WY

Protection of the Title "Nurse" — enacted in 18 states:
• AZ, CA, CO, FL, HI, KY, ID, MD, MN, NE, NM, NC, ND, RI, SC, TN, TX, WI

Safe Patient Movement and Handling — enacted in 4 states :
• CA, NY, OH, TX

Elimination of Mercury in Health Care Devices - enacted in 15 states:
• CA, CT, IL, IN, ME, MD,MA, MI, MN, NH, NJ, NY, OR, RI, WA

State Government Relations monitors over 1,000 bills including topics such as interstate nurse compacts, nurse practice acts, advanced practice nurses, EMT scope of practice, midwives, pharmacists, unlicensed assistive personnel, latex allergies, medical errors, workplace violence, worker ids and other issues of concern to nurses. The sources for legislative tracking include Lexis/Nexis, Statescape Tracking Service, and CMAs. These bills are modified and updated as information becomes available.

In this report, each easy-to-read page captures a moment in time, a snapshot of what is happening in every state on a particular topic. A background description accompanies each map and provides a succinct summary of the more prominent bills State Government Relations staff is monitoring and, whenever possible supplies a two-year or more historic perspective.


2005 Maps and Background Information

 

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