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For
good or ill, California became the first state a year ago to pass
a law that will mandate setting minimum nurse staffing ratios and
assessing acuity after every shift in acute care hospitals. Similar
bills so far have failed in Virginia, New Jersey, Hawaii and Missouri.
Gov.
Gray Davis has charged the California Department of Health Services
with developing staffing ratios by Jan. 1, 2002.
The
verdict on those ratios will arise not from a legislative vacuum
in the DHS, but from a filtered brew of warring voices in the nursing
world.
Gina
Henning, implementation coordinator of AB 394 for the DHS licensing
and certification program, will write the regulations with a lot
of oversight. "Folks have been invited to submit proposals,
concerns and experiences, and people who are supplying us with thoughts
are being answered now by mail," Henning said.
Emotions
run high on this Pandora’s box. Talk to anyone, on any side, and
staffing ratio controversies perch on the tip of the iceberg, while
other hot-button issues jockey for position: Nursing retention and
recruitment. Funding for nursing schools. Mandatory overtime. Patient
acuity. Managed care. Bottom-line thinking vs. quality care. Nursing
shortages.
The
connections are like tangled roots of a tree, whose tendrils are
so long a college course called "Staffing Ratio Controversies
101" might merely introduce students to their complexities.
"When
you look at ratios, you have to look at all the other issues,"
said Kay McVay, RN, president of the California Nurses Association.
Rick
Wade, vice president of the American Hospital Association, said
that hospitals are the toughest places for nurses to work because
they are under the greatest financial pressure and are the most
costly health care delivery setting. "Everyone wants to pay
them less. Managed care companies and HMOs are low pay, no pay or
slow pay," Wade said.
"The
staffing ratios argument goes all the way back to the controversy
we’ve had for 10 years: What’s a nurse? Is it someone with a two-year
degree, four-year, master’s, Ph.D.? When you set staffing ratios,
what does that mean? Trying to legislate them is probably a bad
idea, because how do you get it right? When you start dictating
ratios, you may have met them, but that doesn’t mean the patient
is getting the same standard of care," he said.
Staffing
ratios are more of an emergency measure than a permanent solution
to all woes within the nursing world, said Jan Emerson, spokeswoman
for the California Healthcare Association. The proposed ratios are
only minimums, she emphasized. "Of course, we don’t want nurses
taking care of too many patients," she said.
"It’s
beyond me how anyone can argue about staffing ratios," said
Tricia Hunter, MN, RN, legislative advocate of the American Nurses
Association\ California. "They’re to ensure that you don’t
find a nurse in a unit by herself with six patients. That is not
safe. As RNs, we are required to take care of patients."
McVay,
a 43-year veteran of ICU, med/surg units and cardiac care, said,
"We really do believe we need to have ratios, because the kind
of patient we have now wouldn’t have made it to the hospital years
ago. When I came out of nursing school, there were no ICUs. No transplants.
No bypasses. We can’t keep using ratios from the 1950s."
Pro
and con
At
least three questions bubble up in conversations with opponents
of the bill:
- Who will
manufacture the nurses needed to fill the slots when the ratios
appear?
- Will the
ratios merely serve as a Band-Aid?
- How will
numbers alone ensure that nurses on the same shift have equivalent
clinical experience?
A
group of 12 patients might have three nurses, Wade said. Two of
the nurses might have a two-year degree, but the first might have
two months of clinical experience, while the second might have been
on the job for 37 years. The third nurse might have a four-year
degree and two years’ experience.
"You
can’t say a nurse is a nurse is a nurse," McVay said, although
as president of the CNA she strongly favors ratios.
History
of the bill
The
California Nurses Association drafted and supported the bill in
light of managed care’s cost-cutting measures, which may put one
med/surg nurse in charge of as many as 16 patients and figure a
housekeeper trained to take vital signs can pick up the slack.
"There’s
no longer such a thing as a hospital patient who just needs vital
signs read," Hunter said.
Most
everyone in favor of staffing ratios wants them in relation to establishing
a floor, said Patricia Benner, Ph.D., RN, a professor of nursing
at the University of California, San Francisco.
"The
problem is that the standard ratios might be used as the ceiling
or as ironclad criteria. In some situations, even a one-to-one nurse-to-patient
ratio isn’t enough. You would hope an institution would make the
adjustments they need," Benner said.
"But,
sadly enough, some sort of legal arm is necessary because of market
pressures and destabilization of staffing levels. Maybe people are
asking more of the law than it can deliver. The [market pressures]
come from hospitals trying to be competitive and survive in a really
competitive market. [Staffing ratios] are a legal counter to extreme
market pressures."
If
hospitals are not aggressive enough in recruiting for openings now,
then how will they increase staff according to legislative guidelines?
asked Poul Eriksson, RN, who works in oncology medicine at California
Pacific Medical Center in San Francisco.
"The
way I come down on it is I feel sorry for anyone who has to set
down ratios," Eriksson said. "You would almost invariably
work with acuity in making calculations, and figure it all out by
the next shift.
"I
favor simplicity; it gives us room to negotiate. If the guidelines
are too broad, the hospital could feel justified in compliance with
levels that were inherently unsafe. I completely agree that you
should not ever, ever, ever saddle a nurse with 12 patients. If
you did, you should tell the patients, ‘We are now in gross excess
of safe staffing levels,’ because the patients should be informed
that their care will be compromised.
"Usually,
though, the hospital is more inclined to say everything is fine."
Nursing
is a lot more complex today, said Dorel Harms, RN, of the California
Healthcare Association. "It used to be that a physician needed
to know 300 major drugs, but that’s turned into 3,500," she
said. "As a nurse, I haven’t been working in a hospital for
quite some years, but I was responsible for lots more patients then.
We now have fewer patients, but caring for them is much more intense."
Patients
still top priority
McVay
had planned to be a nurse until she was 75. "Contact with patients
gives me such a good feeling," she said.
But
layoffs in the ’90s created an unsafe patient load, she said. "People
like myself said, ‘I’m outta here,’" McVay said. "It was
harmful not only to me, but mainly to patients."
Nurses
have left in droves, she said. "There’s no respect for nurses
and no loyalty for nurses. We’ve lost a lot of them to sales of
pharmaceuticals and nice, clean dot-coms."
Wade
also puts patients at the head of the line. "It’s all about
the people who walk trustingly, hopefully into hospitals, who want
RNs to care for them," he said.
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