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Oregon nurses union wants lawmakers to toughen ‘safe staffing’ law; hospitals say it would worsen crisis

(Update: Adding video)

Hospitals out of compliance could be sued by unions, fined by state up to $10,000 a day

 PORTLAND, Ore. (KTVZ) -- A union representing Oregon nurses said Wednesday it is asking lawmakers next year to pass tougher laws requiring minimum nursing staff levels at the state's hospitals -- including possible $10,000-a-day fines for violators. But the state hospital association said that would make their current crisis situation even worse.

Here are the full news releases by both the Oregon Nurses Association and the Oregon Association of Hospitals and Health Systems.

Oregon Nurses Association Launch "Safe Staffing Saves Lives Campaign" in Support of 2023 Legislation

PORTLAND, Ore. (KTVZ) -- Oregon Nurses Association’s Board President Tamie Cline was joined by ONA staff and nurses this morning to announce legislation, to be considered during the 2023 Oregon Legislative session, that seeks to address the root causes of Oregon’s ongoing hospital nurse staffing crisis. 

“The situation is dire, and without action, things will only continue to get worse,” said Cline. “Hospital management has had years and years to do something – and nurses have been calling for change for years and years – but hospitals have refused to act. So, yet again, nurses are here to save the day, to be heroes, to find the solution and to take action.” 

The legislation, which will be introduced by Representative Rob Nosse (HD42 D-Portland) during the 2023 Legislative session, seeks to strengthen Oregon’s existing Hospital Nurse Staffing Law and adds new minimum safe staffing standards which will require hospitals to adequately staff all units. 

“Because hospitals willfully ignore our current law and the Oregon Health Authority continues to fail in enforcing that law, we must significantly strengthen enforcement mechanisms,” said Paige Spence, ONA’s Director of Government Relations. 

The proposed legislation includes several new enforcement measures, including providing health care workers and their unions the right to file a civil lawsuit over violations of the law. The bill also creates higher monetary penalties for hospitals that are out of compliance, up to $10,000 per day.  

Matt Calzia, RN, ONA’s Director of Nursing Practice and Professional Development said, “Our current nurse staffing law is good legislation that should be working, except for the fact that hospitals consistently and willfully ignore the law and OHA consistently fails to enforce it. This new legislation gives our existing law teeth, and adds new crucial components to address nurse turnover, burnout, and patient outcomes.” 

Those new components include the creation of legally required minimum safe staffing standards for all hospitals. 

“The reason we are here, and the number one concern facing every nurse in Oregon, is the failure of health care systems to adequately staff their units,” said Spence. “Our legislation will require hospitals to have minimum safe staffing standards – a floor below which no hospital can drop – to ensure there is safe staffing for specific patient populations in specific units.” 

An example of a minimum safe staffing standard is one RN for every three non-trauma or non-critical care patients and one nurse to one trauma or critical care patient in an Emergency Department. Another is one nurse for one patient in an Operating Room, or one nurse to four patients in a med-surg unit.  

“These are just examples,” said Spence, “but our law will state clearly that no hospital can give a nurse an assignment that exceeds those minimum number of nurses per patient and, if a hospital refuses to comply, OHA will levy significant fines. All of the nurse-to-patient minimum safe staffing standards we have suggested were based on regulations in other states, proposed federal legislation, and an analysis of current staffing practices in Oregon.”  

Other elements of the legislation include stronger enforcement of legally required rest and meal breaks for nursing staff, greater transparency for patients to see complaints and the results of hospital assessments on the OHA website, stricter timelines for the submission, and approval of staffing plans, among others. 

Much of the proposed legislation focuses attention on improving the working conditions for nurses so that nurses will choose to stay at the bedside or, in many cases, return to working at hospitals.  
 
“The stress and heartbreak over the past three years has just been too much for many nurses,” said Cline. “In 2022, more than a quarter of active nurses have quit their jobs, and more than a third of those who remain say it is very likely they will quit their jobs this coming year. Is it any wonder, given the conditions at hospitals across the state, that so many of our colleagues have left the bedside in search of safer working conditions, better pay and more respect?” 

“ONA’s legislation will strengthen our existing hospital nurse staffing law, hold hospitals, and the Oregon Health Authority, accountable, ensure nurses get their legally required rest and meal breaks, and create minimum safe staffing standards for all units and their unique patient populations,” said Spence. “In other words, our legislation addresses the roots of Oregon’s hospital nurse staffing crisis.” 

More information on ONA’s “Safe Staffing Saves Lives” campaign can be found online at www.safestaffingsaveslives.com

The Oregon Nurses Association (ONA) is the state’s largest and most influential nursing organization. We are a professional association and labor union which represents more than 15,000 nurses and allied health workers throughout the state. ONA’s mission is to advocate for nursing, quality health care and healthy communities. For more information visit:www.OregonRN.org. 


OAHHS Statement on ONA Proposed Nurse Staffing Legislation

LAKE OSWEGO, Ore. – Becky Hultberg, President and CEO of the Oregon Association of Hospitals and Health Systems, released the following statement in response to the Oregon Nurses Association’s proposed legislation for the upcoming 2023 session:

“Oregon’s community hospitals are experiencing a capacity and financial crisis that threatens patient care. Rather than preserving access to quality health care for Oregon patients, the union’s proposal focuses on new ways to punish community hospitals based on questionable standards, while increasing costs.

"Under the union’s proposal, community hospitals will have no choice but to reduce access to services if they are unable to hire enough staff, which is very likely given the severe staffing shortage. That means longer wait times in emergency departments, a reduced number of hospital beds, delays in scheduled procedures, and delays in transferring patients from rural hospitals to urban ones when they need a higher level of care. 

"Health care workers have been under extraordinary strain. We must address the workforce crisis, but we cannot do so at the expense of patients. There is a better way.  We will propose real solutions in the upcoming session that will benefit patients, support nurses working in our community hospitals, and grow the workforce of tomorrow.”

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About OAHHS: Founded in 1934, OAHHS is a statewide, nonprofit trade association that works closely with local and national government leaders, business and citizen coalitions, and other professional health care organizations to enhance and promote community health and to continue improving Oregon’s innovative health care delivery system.

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