S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10348
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  providing  for
   minimum registered nurse staffing for intensive care and critical care
   patients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2805-aa to read as follows:
   §  2805-AA.  MINIMUM  REGISTERED NURSE STAFFING FOR INTENSIVE CARE AND
 CRITICAL CARE PATIENTS. ALL HOSPITALS SHALL PROVIDE  A  MINIMUM  OF  ONE
 REGISTERED  PROFESSIONAL  NURSE FOR EVERY TWO PATIENTS IN INTENSIVE CARE
 OR CRITICAL CARE SETTINGS AT ALL TIMES, INCREASED AS APPROPRIATE FOR THE
 ACUITY LEVEL OF THE  PATIENT.  THE  HOSPITAL  SHALL  PROVIDE  REGISTERED
 PROFESSIONAL  NURSE  STAFFING  TO  MAINTAIN  THE  MINIMUM STAFFING RATIO
 DURING MEAL BREAKS OR ABSENCES FROM THE PATIENT CARE UNIT.  THE  MINIMUM
 STAFFING  REQUIREMENT  SHALL  APPLY TO ALL DESIGNATED INTENSIVE CARE AND
 CRITICAL CARE UNITS AND TO OTHER UNITS OR DEPARTMENTS  OF  THE  HOSPITAL
 WHERE  PATIENTS REQUIRING INTENSIVE OR CRITICAL CARE SERVICES ARE HOUSED
 OR RECEIVING TREATMENT.
   § 2. Subparagraph (ii) of paragraph (b) of subdivision  5  of  section
 2805-t  of the public health law, as added by chapter 155 of the laws of
 2021, is amended to read as follows:
   (ii) [Staffing regulations  to  be  promulgated  by  the  commissioner
 relating  to staffing in intensive care and critical care units no later
 than January first, two  thousand  twenty-two.  Such  regulations  shall
 consider  the  factors set forth in paragraph (b) of subdivision four of
 this section, standards in place in neighboring states,  and  a  minimum
 standard  of  twelve hours of registered nurse care per patient per day]
 MINIMUM NURSE TO PATIENT STAFFING RATIOS FOR INTENSIVE AND CRITICAL CARE
 PATIENTS AS REQUIRED BY SECTION TWENTY-EIGHT  HUNDRED  FIVE-AA  OF  THIS
 ARTICLE;
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15693-01-2