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SACRAMENTO-The nation's first nurse staffing ratio
law, scheduled to take effect Jan. 1, may be delayed
under an executive order issued by California's new
governor.
Gov. Arnold Schwarzenegger, who was sworn into office
Nov. 17, immediately put on hold the implementation
of all pending regulations until they are reviewed by
his administration.
Executive Order S-2-03 calls in part for "the
immediate return of any proposed regulation, including
emergency regulations, for final adoption, amendment,
or repeal or other processing by the Office of Administrative
Law for further review for a period not to exceed 180
days."
Former Gov. Gray Davis signed the staffing ratio legislation
in 1999. The California Department of Health Services
was responsible for formulating regulations regarding
implementation of the law. Those regulations were to
go into effect Jan. 1-three years behind the legislation's
original timetable.
According to the executive order, the intent of delaying
all pending regulations is to gauge their economic impact
and "minimize the economic impact to the regulated
communities."
A spokesperson in Schwarzenegger's office was unable
to say whether the nursing ratios would be subject to
this review. "All the agencies had five days to
submit their pending regulations for review," said
the spokesperson, who asked not to be identified. "We
do not know at this point whether the nursing ratios
will be affected."
A DHS spokeswoman declined to comment.
Charles Idelson, spokesman for the California Nurses
Association, which sponsored the original staffing ratio
legislation, believes implementing the regulations will
not be affected. "The [ratios] are not an administrative
regulation, but one that is required by statute,"
he said, adding that because the staffing ratios are
already law, they aren't covered by Schwarzenegger's
executive order.
But Dorel Harms, vice president of professional services
for the California Healthcare Association hospital lobby,
was less certain. "The regulations are under intense
legal review at this point," she said.
Despite the uncertainty, some hospitals say they intend
to move forward with compliance by Jan. 1. "We're
going to do our very best to implement the ratios,"
said Shelly Schlenker, vice president for public policy
and advocacy at Catholic Healthcare West, which operates
41 hospitals throughout California.
Contact Ron Shinkman at rshinkman@earthlink.net
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