Top Ten NJSNA Legislative Successes
NJ State Laws NJSNA Helped Achieve That
Impact Your Practice
POLST
P.L. 2011, c.145. The
Physician Orders for Life-Sustaining Treatment, or POLST, form complements an
advance directive by converting a person's wishes regarding life-sustaining
treatment, into a medical order. A completed POLST form is signed by the patient's
attending physician or advanced practice nurse, and provides a specific and
detailed set of instructions for a health care professional or health care
institution to follow in regard to the patient's preference for the use of
various medical interventions.
Whistleblower Law
P.L. 1997, c.98, the
Conscientious Employee Protection Act (CEPA) applies to all New Jersey
employers with more than 10 employees. In general, it prohibits employers from
taking retaliatory employment action against employees who "blow the
whistel" by reporting to supervisors or public authorities, corporate
conduct that the employee reasonably believes violates the law.
Safety Needle Act
P.L. 1999, c.311, makes it
mandatory for all NJ healthcare facilities to use needles and other medical
devices that have built-in safety features to prevent blood exposures caused by
needle-sticks. Examples of safety features include self sheathing needles,
blunt suture needles and needleless IVsystems.
Safe Patient Handling Act
P.L. 2007, c.225, became law
on January 3, 2010. It requires New Jersey's hospitals, nursing homes,
developmental centers and psychiatric hospitals to establish and implement safe
patient handling programs to help protect patients and staff from injury.
Violence in Health Care Facilities Act
P.L. 2007, c.236, directs
health care facilities in New Jersey, including general and specialty
hospitals, nursing homes, State and county psychiatric hospitals and State
developmental centers. to create programs to combat physical violence or
credible threats of violence against employees.
Public School Nursing Services Act
P.L. 1999, c.153, requires
that public school nursing services be provided by a certified school nurse.
Pronouncement of Death Act
P.L. 2006, c.86, permits
Registered Professional Nurses in all settings to pronounce death and to sign
that portion of the death certificate regarding pronouncement; the law does not
authorize RNs to declare brain death nor to sign that portion of the death
certificate attesting to the cause of death.
Alternative to Discipline Act
P.L. 2005, c.82, establishes
an alternative to discipline program for nurses through the NJBoard of
Nursing. This law allows chemically dependent or otherwise impaired nurses, to
engage in a recovery and monitoring program instead of automatically undergoing
disciplinary procedures.
Advanced Practice Nurse Act
P.L. 2004, c.122, amends the
original Nurse Practitioner/Clinical Nurse Specialist Act of 1992 and its 1999
amendment (P.L. 1991, c.377; P.L. 1999, c.85) granting APNs full prescribing
authority for all drugs and devices including controlled substances in
accordance with a Join Protocol; clarifies scope of practice and changes title
from NP/CNS to APN.
Honorable Mentions
Mandatory Overtime Law
P.L. 1966, c.300, amends
Labor Law, and through parallel Mandatory Overtime Regulations (at N.J.A.C.
8:43E) prohibits acute and long term care facilities from using mandatory
overtime to solve chronic short staffing problems. LPNs or RNs repeatedly asked
to work more than an agreed-upon schedule, not to exceed 40 hours/week in
situations, which do not meet the threshold of an unforeseen emergent
circumstance, can report this to the Dept. of Labor which enforces the law.