SB788 - Amends "whistleblower" statute for certain employees, and modifies health care licensing and training standards
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||Amends "whistleblower" statute for certain employees, and modifies health care licensing and training standards
CCS/HS/HCS/SB 788 - This act provides whistleblower
protection for certain employees, requires proper training of
health care staff, and modifies hospital licensure standards.
Sections 105.055, 105.058 - Modifies the law regarding
"whistleblowing" by state employees. Current law prohibits
agencies from disciplining employees for disclosing
mismanagement, waste of funds and abuse of authority but allows
discipline if the employee releases information with reckless
disregard for its truth or falsity. This act allows discipline
only if the employee knows that the information is false. The
act also provides that agencies cannot prohibit employees from
contacting the State Auditor.
Section 197.285 - Requires hospitals and ambulatory surgical
centers (ASC) to establish and implement a written policy for
protection of whistleblowers. The policy must include an
investigation time frame of less than thirty days and a
notification procedure. The policy must be submitted to the
Department of Health to verify implementation and the Department
will have access to all information. Complainants will be
notified of the Department's access and of their right to appeal
to the Department. Compliance officials must report misconduct
to authorities within seven days of determining a violation.
"Whistleblowers" may maintain their anonymity and must be
notified of action within 48 hours of the receipt of their
Section 1 - By July 1, 2001, all hospitals and ASCs must
provide training programs within ninety days of hiring any
unlicensed staff that provide patient care. Documentation of
training programs must be submitted to the Department of Health.
Section 2 - Requires all hospitals and ASCs to implement a
methodology to ensure adequate nurse staffing.
Section 3 - Establishes a "Technical Advisory Committee on
the Quality of Patient Care and Nursing Practices" to consist of
nine members appointed by the Department Director. The Committee
will recommend and annually report on staffing, quality patient
care, and employment of nurses.
Sections 4 & 5 - Enacts specific standards to which the
Department must adhere when licensing hospitals and ASCs and give
hospitals and ASCs appeal rights in licensure decisions.
Section 197.285 has a delayed effective date of January 1,
2001. The provisions of Section 3 will expire on December 31,
Portions of this act are substantially similar to HB 1747.