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New Jersey, Illinois, Texas nurses face adverse legislation
Legislation
New Jersey, Illinois, Texas nurses face adverse legislation New Jersey nurses are being mobilized to forestall any action within their state legislature on a bill to provide for the registration of physicians’ assistants (S 1354). Sen Joseph McGahn, MD, introduced the bill, which has been assigned to the Senate Labor, Industry, and Professions Committee. (Letter from Judy Reese, chairman, legislative committee, South Jersey AORN) Illinois nurses are facing the same situation that confronted Oregon nurses a year ago. Rep Eugenia Chapman introduced an amendment to the Nurse Practice Act (HB 3687) to the Illinois Legislature. The attorney general had ruled that nursing assistants could not give medications in nursing homes. It is proposed to change the Nurse Practice Act to allow those individuals to give medications who have completed an Illinois Department of Public Health approved medications course, are supervised by a registered nurse or licensed physician, and are employed in a facility or program licensed or regulated by the state and approved for use of medication technicians. (Letter from Shirley Phillips, member, AORN Legislative Committee) The Health Research Group, an arm of Ralph Nader’s Public Citizen, Inc, has issued
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a model smoking policy it believes every hospital should adopt or lose Medicare, Medicaid, and other third-party payments. The recommended policy calls for (1) banning all cigarette sales in hospitals, (2) giving each patient the option of a smoke-free room, (3) restricting smoking to certain areas, and (4) putting the policy in writing and sending copies to prospective patients and employees. The Nader report has been given to Rep John Moss (D-Calif), who chairs the House Commerce Committee’s Oversight and Investigations Subcommittee, and to HEW Secretary David Mathews. (Washington Developments, April 16, 1976) Many small rural hospitals complain that stringent Medicare regulatory requirements, particularly those relating to hospital staffing and personnel and to health and safety, are making survival increasingly difficult. Rep Max Baucus (D-Mont) introduced legislation early in April to amend Medicare and Medicaid provisions of the Social Security Act to establish a separate classification for rural health facilities. The scarcity of adequately trained personnel in rural areas makes it difficult for rural institutions to meet federal manpower requirements. The bill proposes that nurse staffing requirements be set by the HEW secretary on the basis of regional data of the availability of such personnel, but that “in no event shall a rural health facility . . . be precluded from participation because of a temporary shortage of nursing personnel.” (Washington Developments, April 27, 1976)
AORN Journal,August 1976, Vol24, No 2
HR 13683 has been introduced by Rep Clifford R Allen (D-Tenn) to establish a department of health, a department of education, and a department of welfare. It has been referred to the House Government Operation Committee. Rosamond Gabrielson, president of the American Nurses’ Association, also called for a separate department of health at the cabinet level in testimony before the Democratic Platform committee. She stated, “A clearly identified department of health bringing all health programs under one umbrella would provide a truer picture of the federal activity in the area of health and should make for more effective policy setting and efficient administration.” (Washington Actions on Health, May 17, 1976, and The American Nurse, May 15, 1976)
HR 13734 has been introduced to provide comprehensive and quality health care for persons with communicative disorders under the Medicare program. It was presented by Rep Abner J Mikva (0-111) and referred to the House Ways and Means Committee. (Washington Actions on HeaMh, May 17, 1976) On March 26, 1976, the University of Texas System School of Nursing, an autonomous unit, was ordered dissolved by the University of Texas Board of Regents. The Regents felt the action would save the university $300,000 in administration costs by turning over the administration of its six campuses to the local institutions of higher education. A “Save our system” call has been sent throughout the state to forestall the Sept 1, 1976, dissolution. Support from Lucy Johnson Nugent, daughter of late President Lyndon Johnson and a member of the nursing school system development board, was politely heard and then ignored by the Regents. As one last action to avoid having the schools placed under the control of physicians a class action suit was filed in Austin, Tex, on May 17 in which it was claimed the Regents’ action was without validity as it was counter to the action of the state legislature which allotted the funds for the school initially. (The American Nurse, May 15, 1976, and information from professional colleagues)
A 1976 New York statute, declaring that state and local governments are facing emergency fiscal crises of staggering proportions and that the state “cannot continue to support the scope and level of assistance, care, and services” it has in the past, has sharply restricted Medicaid benefits and placed new regulations on the payment of Medicaid costs. Surgical benefits will be restricted to “emergency or urgent surgery,” “medically necessary surgery where delay in surgical intervention would substantially increase the medical risk associated with the surgical intervention,” and “deferrable surgical procedures specified by the state commissioner of health, based on the likelihood that deferral of such procedures for six months or more may jeopardize life or essential function or may cause severe pain.” (Legislative Roundup, May 7, 1976) The National Eye Institute announced that patients will soon be enrolled in a multicenter nationwide controlled clinical trial of vitrectomy, a surgical procedure used to restore sight to people who have lost vision because of bleeding inside the eye. (Washington Actions on Health, May 24, 1976) Medical devise legislation, passed by Congress, was signed into law by President Gerald R Ford. Designated PL 94-925, the law provides three general classifications for devices: 1. general controls requiring record keeping, good manufacturing practices, registration of manufacturers, prohibition of misbranded or adulterated products 2. performance standards requiring that products meet standards set by the government 3. premarket approval covering implanted devices (for more than 30 days) or those considered to be life sustaining or supporting.
Shirley M Humphries, RN Chairman, Legislative Committee
AORN Journal,August 1976, Vol24, No 2
275
New Jersey, Illinois, Texas nurses face adverse legislation New Jersey nurses are being mobilized to forestall any action within their state legislature on a bill to provide for the registration of physicians’ assistants (S 1354). Sen Joseph McGahn, MD, introduced the bill, which has been assigned to the Senate Labor, Industry, and Professions Committee. (Letter from Judy Reese, chairman, legislative committee, South Jersey AORN) Illinois nurses are facing the same situation that confronted Oregon nurses a year ago. Rep Eugenia Chapman introduced an amendment to the Nurse Practice Act (HB 3687) to the Illinois Legislature. The attorney general had ruled that nursing assistants could not give medications in nursing homes. It is proposed to change the Nurse Practice Act to allow those individuals to give medications who have completed an Illinois Department of Public Health approved medications course, are supervised by a registered nurse or licensed physician, and are employed in a facility or program licensed or regulated by the state and approved for use of medication technicians. (Letter from Shirley Phillips, member, AORN Legislative Committee) The Health Research Group, an arm of Ralph Nader’s Public Citizen, Inc, has issued
214
a
a model smoking policy it believes every hospital should adopt or lose Medicare, Medicaid, and other third-party payments. The recommended policy calls for (1) banning all cigarette sales in hospitals, (2) giving each patient the option of a smoke-free room, (3) restricting smoking to certain areas, and (4) putting the policy in writing and sending copies to prospective patients and employees. The Nader report has been given to Rep John Moss (D-Calif), who chairs the House Commerce Committee’s Oversight and Investigations Subcommittee, and to HEW Secretary David Mathews. (Washington Developments, April 16, 1976) Many small rural hospitals complain that stringent Medicare regulatory requirements, particularly those relating to hospital staffing and personnel and to health and safety, are making survival increasingly difficult. Rep Max Baucus (D-Mont) introduced legislation early in April to amend Medicare and Medicaid provisions of the Social Security Act to establish a separate classification for rural health facilities. The scarcity of adequately trained personnel in rural areas makes it difficult for rural institutions to meet federal manpower requirements. The bill proposes that nurse staffing requirements be set by the HEW secretary on the basis of regional data of the availability of such personnel, but that “in no event shall a rural health facility . . . be precluded from participation because of a temporary shortage of nursing personnel.” (Washington Developments, April 27, 1976)
AORN Journal,August 1976, Vol24, No 2
HR 13683 has been introduced by Rep Clifford R Allen (D-Tenn) to establish a department of health, a department of education, and a department of welfare. It has been referred to the House Government Operation Committee. Rosamond Gabrielson, president of the American Nurses’ Association, also called for a separate department of health at the cabinet level in testimony before the Democratic Platform committee. She stated, “A clearly identified department of health bringing all health programs under one umbrella would provide a truer picture of the federal activity in the area of health and should make for more effective policy setting and efficient administration.” (Washington Actions on Health, May 17, 1976, and The American Nurse, May 15, 1976)
HR 13734 has been introduced to provide comprehensive and quality health care for persons with communicative disorders under the Medicare program. It was presented by Rep Abner J Mikva (0-111) and referred to the House Ways and Means Committee. (Washington Actions on HeaMh, May 17, 1976) On March 26, 1976, the University of Texas System School of Nursing, an autonomous unit, was ordered dissolved by the University of Texas Board of Regents. The Regents felt the action would save the university $300,000 in administration costs by turning over the administration of its six campuses to the local institutions of higher education. A “Save our system” call has been sent throughout the state to forestall the Sept 1, 1976, dissolution. Support from Lucy Johnson Nugent, daughter of late President Lyndon Johnson and a member of the nursing school system development board, was politely heard and then ignored by the Regents. As one last action to avoid having the schools placed under the control of physicians a class action suit was filed in Austin, Tex, on May 17 in which it was claimed the Regents’ action was without validity as it was counter to the action of the state legislature which allotted the funds for the school initially. (The American Nurse, May 15, 1976, and information from professional colleagues)
A 1976 New York statute, declaring that state and local governments are facing emergency fiscal crises of staggering proportions and that the state “cannot continue to support the scope and level of assistance, care, and services” it has in the past, has sharply restricted Medicaid benefits and placed new regulations on the payment of Medicaid costs. Surgical benefits will be restricted to “emergency or urgent surgery,” “medically necessary surgery where delay in surgical intervention would substantially increase the medical risk associated with the surgical intervention,” and “deferrable surgical procedures specified by the state commissioner of health, based on the likelihood that deferral of such procedures for six months or more may jeopardize life or essential function or may cause severe pain.” (Legislative Roundup, May 7, 1976) The National Eye Institute announced that patients will soon be enrolled in a multicenter nationwide controlled clinical trial of vitrectomy, a surgical procedure used to restore sight to people who have lost vision because of bleeding inside the eye. (Washington Actions on Health, May 24, 1976) Medical devise legislation, passed by Congress, was signed into law by President Gerald R Ford. Designated PL 94-925, the law provides three general classifications for devices: 1. general controls requiring record keeping, good manufacturing practices, registration of manufacturers, prohibition of misbranded or adulterated products 2. performance standards requiring that products meet standards set by the government 3. premarket approval covering implanted devices (for more than 30 days) or those considered to be life sustaining or supporting.
Shirley M Humphries, RN Chairman, Legislative Committee
AORN Journal,August 1976, Vol24, No 2
275