SB 82 — SAFE HARBOR FOR NURSES ACT

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 82 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 4 6 8 10 AN ACT RELATING TO HEALTH CARE;

REQUIRING EMPLOYERS TO DEVELOP A PROCESS FOR INVOKING SAFE e t 17 HARBOR;

PREVENTING EMPLOYERS FROM DISCIPLINING NURSES FOR w l n d 18 INVOKING SAFE HARBOR.

= = 19 a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

a t m m 21 SECTION 1.

[NEW MATERIAL ] SHORT TITLE.--This act may be d r e 22 cited as the "Safe Harbor for Nurses Act".

c e s k 23 SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the e a n b 24 Safe Harbor for Nurses Act:

u [ A.

"assignment" means the designated responsibility .213544.3 SJC/SB 82 for the provision or supervision of nursing care for a defined work period in a defined work setting, including the specified functions, duties, practitioner orders, supervisory directives and amount of work designated as an individual nurse's responsibility;

"good faith" means taking action supported by a sincere belief with a reasonable factual or legal basis other SJC/SB 82 Page 1 than the nurse's moral, religious or personal beliefs;

e e 17 (1) protects a registered nurse or a licensed e e n d 18 practical nurse from adverse action by the health care facility = = l ] 19 where the nurse is working when the nurse makes a good faith a l r i 20 request to be allowed to reject an assignment, which request is t e a t based on the nurse's:

m m 21 e d (a) assessment of the nurse's own r e 22 c e r c 23 education, knowledge, competence or experience;

and e a n b 24 (b) immediate assessment of the risk for u [ patient safety or potential violation of the Nursing Practice .213544.3 - 2 - SJC/SB 82 Act or board of nursing rules;

[NEW MATERIAL ] SAFE HARBOR--HEALTH CARE FACILITY RESPONSIBILITY.-- A.

(1) in the nurse's good faith judgment, the nurse lacks the basic knowledge, skills or abilities SJC/SB 82 Page 2 necessary to deliver nursing care that is safe and that meets the minimum standards of care to such an extent that accepting the assignment would expose one or more patients to an unjustifiable risk of harm or would constitute a violation of the Nursing Practice Act or board of nursing rules;

e e 17 B.

A nurse who intends to invoke safe harbor shall e e n d 18 invoke it before the nurse engages in conduct or an assignment = = l ] 19 giving rise to the nurse's request for safe harbor.

A nurse a l r i 20 may also invoke safe harbor at any time during the work period, t e a t when an initial assignment changes and, in the nurse's good m m 21 e d faith judgment, the change creates a situation that comports r e 22 c e r c 23 with the requirements for invoking safe harbor pursuant to e a n b 24 Subsection A of this section.

A health care facility shall u [ develop a process by which a nurse employed or contracted by .213544.3 - 3 - SJC/SB 82 that facility may invoke safe harbor.

(3) written documentation with the date, SJC/SB 82 Page 3 time and location of the invocation of safe harbor and the reason for invocation, signed by the supervisor and the nurse;

and (b) is used to determine whether additional action is required to minimize the likelihood of e e 17 similar situations in the future;

and e e n d 18 (5) documentation of the resolution and review = = l ] 19 of the matter in which safe harbor was invoked.

a l r i 20 D.

A health care facility shall not retaliate t e a t against, demote, suspend, terminate, discipline, discriminate m m 21 e d against or report any action to the board of nursing when a r e 22 c e r c 23 nurse makes a good faith request for safe harbor.

eSJC/SB a82 nPage b 24 - 4 -25 u [ .213544.3