Just Say “NO” to Nurse Staffing Laws

Mandated nurse-patient ratios may be saving lives, but at what cost? This article presents evidence against the idea of nurse staffing laws. If you feel strongly about the topic, give this a read and weigh in. I’d love to have your opinion on the subject.

  1. Were you taught about safe staffing laws in nursing school?

    • 64
      Yes
    • 165
      No
  2. Do you work in California?

    • 28
      Yes
    • 201
      No
  3. Have you ever been asked to take on more patients than you thought you could handle safely?

    • 199
      Yes
    • 30
      No
  4. Do you think safe staffing laws are a good idea?

    • 217
      Yes
    • 12
      No

230 members have participated

You’ve worked on a busy Med Surg unit for almost a year now. You were so excited to be hired right out of nursing school to the day shift, but it’s been so much harder than you ever thought it could, and so different from what you expected. It only took a few days to discover that no one does anything like they taught you in nursing school, there’s just no time. Recently you’ve been cringing every time your phone buzzes, worried it’s the nurse manager asking you to come in for an extra shift. It’s so hard to say no. You want to be a team player, but you’re just so tired. You’ve been wondering if you’re cut out to be a nurse, but maybe this is just how it is. Today is your fourth day in a row. You arrive on the unit to discover that not one, but two nurses have called in sick, and one of your nurses is a floater from labor and delivery. Normally you have five patients, but today you see with a sinking heart that you’ve been assigned seven. You sit at the computer next to your nursing mentor, trying to wrap your brain around your day, trying not to cry. He’s a good nurse and seems to notice everything. He turns to you and says, “Are you okay?”

You point at the seven patients on your computer screen and reply, “How can this be safe? How can they do this to us…to our patients?”

He says, “It’s a right to work state, and the hospital can do whatever they want.”

You say in disbelief, “So there’s no law against this? There’s no maximum number of patients we can be assigned? They could give us twenty next time?”

He shakes his head ruefully and says, “Medicare has guidelines for patient ratios, but this hospital has never followed them and we’re still running.” He looks over his shoulder before he turns back to you and says under his breath, “We shouldn’t talk about this at work, but there’s a group you can join to fight for safe staffing laws. Check it out when you get home, it’s called NursesTakeDC. It’s a dot org. But don’t talk about it here, you could get in big trouble.”

Mandated Nurse-to-Patient Ratios

Does this conversation seem familiar? Have you ever felt like you were working in unsafe conditions and wondered, “Isn’t there a better way?”

As a patient safety specialist, I’ve always been a huge advocate for safe staffing laws as a solution to so many of the problems nurses face. But, then I read a recent article, Why mandated nurse-to-patient ratios have become one of the most controversial ideas in health care and I had to give my position a second look.1

How Can There be Controversy Over Something So ... Obvious?

Opponents say ratio laws would exacerbate nursing shortages across the country, limit access to care, and take important staffing decisions out of the hands of nurses. Danny Chun is a spokesperson for the Illinois Health and Hospital Association (IHHA), a leading advocacy group for hospitals. He states that safe staffing laws are “a deeply flawed, inflexible, rigid approach to setting staffing levels that do not improve quality, safety or outcomes, but in fact would adversely affect patients.”1

The IHHA is against the Safe Patient Limits Act, a bill recently introduced in Illinois (House Bill 2604, Senate Bill 1908). Under the Safe Patient Limits Act, no nurse working in a hospital could be responsible for more than four patients at a time. The ratio would be even lower for special units like L&D, ICU and the ER. If passed, any facility that fails to comply could receive a fine of up to $25,000 per day.

Critics of the bill say that the consequences could be catastrophic, causing shortages of nurses and money. There may be increased wait times for patients in the ER, and hospitals may have to turn away patients because they don’t have enough nurses to meet the ratios. In addition, an unexpected influx of patients due to epidemics, mass shootings or other disasters could make it impossible to meet the ratios. Small hospitals operating in regional areas could be forced out of business. Chun says in Illinois, “more than 40% of hospitals across the state are losing money or barely surviving.” The cost to the hospital could be passed on in the form of higher healthcare costs.

The biggest criticism being offered is that mandated ratios don’t work. Chun says, “The evidence is not conclusive that ratios improved quality, safety or outcomes,”1

The Evidence

Here is where I get excited. I went to Google Scholar and typed in “Safe Staffing Laws, nursing” and got 44,400 hits. I love digging into the research to find the truth (like the X-files, the truth is out there…) I found multiple review articles that speak to the state of the science on safe staffing ratios. One by Olley (2017) suggests that there is a significant research gap to support claims of increased patient safety in the acute hospital setting with improved ratios (for all the REST of the evidence, check out my Just say "YES" article on this topic).2

California is the only state in the union with a safe staffing law. AB 394 was passed back in 2004 after a massive effort by the California Nurses Union. The result of the bill is that nurses in California have approximately one less patient than the national average. Multiple studies have shown that the standard mortality rate decreased by more than 33% after the enactment of the bill.3

This seems like pretty good evidence…evidence that the law that California enacted is working in California. See where I am going here? The biggest criticism of bills in other states (and this comes from organizations like the American Nurses Association) is that there is no empirical evidence supporting specific ratio numbers. Passing legislation without sufficient evidence is potentially dangerous since legislation is difficult to change. Critics say the laws currently proposed also don’t take into account nurse education, skills, knowledge and years of experience. In Bill 394, only 50% of the mandated nurses must be RNs. Some say these laws ignore patient acuity, required treatments, length of stay, team dynamics, environmental limitations, variations in technology and availability of ancillary staff. And last but not least, these laws are inflexible and don’t allow for the changing needs of patients.4

The Bottom Line $$$

The mortality rate may have decreased, but the finances are problematic. To meet mandatory staffing ratios, hospitals in California have had to cut funding for supplies, upgrades and education and holding patients longer in the ER. The result is increased economic costs for employers, with the unanticipated side effect of an increased workload for nurses in non-patient tasks as ancillary staff are dismissed. 4 & 5

The PRO Side

I’m not actually telling you to say “NO” to mandatory staffing laws. I want to get a conversation going, so please comment! To learn more about Nurses Take DC and what you can do to make a difference, take a look at my second article on the topic. Most importantly, before you speak up about safe staffing laws, make sure you are knowledgeable on the topic. We must be well educated on all sides of a topic if we want to weigh in on shaping the future of patient care.

References

Why mandated nurse-to-patient ratios have become one of the most controversial ideas in health care

Systematic review of the evidence related to mandated nurse staffing ratios in acute hospitals.

Statewide and National Impact of California’s Staffing Law on Pediatric Cardiac Surgery Outcomes

Effects of Public Reporting Legislation of Nurse Staffing: A Trend Analysis

Mandatory Nurse-Patient Ratios

Specializes in Emergency.
21 hours ago, myoglobin said:

When, nurses are "pushed" by unsafe staffing they tend to go into triage, "survival mode". Assessments get minimized, medications missed (or worse given wrongly), labs missed, physical changes relevant to life and death missed essentially more people die or suffer greater morbidity than would otherwise be the case.

This. THIS! This, is what I see as the real result.

Specializes in ICU, trauma, neuro.
26 minutes ago, CKPM2RN said:

This. THIS! This, is what I see as the real result.

Yes, and what is worse since "self reporting" these sorts of "cut corners" isn't compatible with keeping your job, your license, or your self esteem these cut corners tend to get "buried" in the statistical "noise" of a diverse, acutely sick patient population. On those occasions when the "triage behavior" is discovered then the hospital often blames the nurse calls for more education and managers act as if nurses are lazy (when in fact they are put in positions that even T-1000 cyborgs might be challenged to accomplish let alone an average human being). Go back to the HCA financial report I linked (if you want) and look at the board of directors and senior management team. I'm not sure I saw a single doctor or nurse in the lot (there had to be a few that I just missed). However, I'm not even sure these people can even comprehend that the unsafe staffing that they implement in their facilities leads to worse outcomes for their customers (although I would love to see morbidity and mortality statistics at California HCA hospitals where staffing ratios apply as opposed to ones outside of the state where such laws do not exist. That would be fascinating and a good case control study). If you've never done the job one might reasonably conclude "just use the great technology like the new I-phone, systems we empower you with and take excellent care of more patients".

However, the ANA cannot make that excuse in the face of abundant research demonstrating improved outcomes in California after staffing ratios were enacted. Perhaps, nurses dedicated to a better quality of life for themselves and life itself for their patients can form an alternative organization that rivals the ANA and aggressively advocates for staffing ratio laws.

Specializes in Perioperative / RN Circulator.
On 12/30/2019 at 2:18 PM, klone said:

OP, I think you are confusing the terms "right to work state" and "employment at will". Or, at least, the fictional nurse mentor at the beginning of the article is confusing them.

People confuse these all the time. However, I think this is at least partly because right to work states are hostile to union organizing which is the only way most workers have the opportunity to be protected from employment at will.

14 hours ago, Tenebrae said:

As someone who works in a single payer system, yes

Thank you. It’s my belief too.

15 hours ago, morelostthanfound said:

Don’t be fooled; the ANA is plenty cozy with HCA and other large heath system conglomerates. Their advocacy and alliance for rank and file RNs is always trumped by its support for those who profit the most from corporate healthcare:(

Oh, that is really ugly and so disappointing

Honestly, I don't see how one can take more than 4 pts at a time. I work Cardiac Stepdown and we have 4 at most but usually 3. I have read where some RNs have 7 pts, no way I would take that load, not even 6.

Specializes in Cardiology.
12 minutes ago, Tanacious said:

Honestly, I don't see how one can take more than 4 pts at a time. I work Cardiac Stepdown and we have 4 at most but usually 3. I have read where some RNs have 7 pts, no way I would take that load, not even 6.

I work cardiac stepdown. It must be nice to have mostly 3 pts at a time. We have 4-5 pts with 1 aide on a floor for 24 pts sometimes.

Just now, OUxPhys said:

I work cardiac stepdown. It must be nice to have mostly 3 pts at a time. We have 4-5 pts with 1 aide on a floor for 24 pts sometimes.

It is nice, very nice! We rarely have 4 and we have 2 aides at times 3 and we have 28 pts on the floor with 6 rooms for ICU pts.

Healthcare administration has no risk if a nurse is overworked with 10:1 ratios and a severe adverse event happens. In that situation the hospital is fined, the nurse is fired and suspended by the board of nursing. The nurse bears the brunt of the punishment for a systemic problem implemented by healthcare administration. Healthcare administration only answers to shareholders and no one else. Only when government law is enacted to provide for safe staffing for healthcare workers and real risk of termination for healthcare administration occurs government fines will just be the cost of doing business.

Specializes in ICU, trauma, neuro.

By the way here is an article https://www.epi.org/blog/californias-nurse-to-patient-ratio-law-reduced-nurse-injuries-by-more-than-30-percent/ that focuses upon how the California ratio law has reduced injuries for nurses. The argument speculates as to "mechanism", but I can tell you that when nurses are overwhelmed with excess patients they are in a reduced position to help other nurses (or to ask for help). I often move 300-400 pound plus vented (and bath) patients myself since my fellow nurses are too busy to help.

I live in Massachusetts. Safe staffing ratios were on the ballot during the midterm elections and unfortunately, it did not pass. Guess how much money the NO campaign spent?
$19 million. They spent $19 million to convince the people of Massachusetts that they can’t afford to pay more nurses ??‍♀️??‍♀️??‍♀️

Specializes in school nurse.
1 hour ago, Nursemomof4 said:

I live in Massachusetts. Safe staffing ratios were on the ballot during the midterm elections and unfortunately, it did not pass. Guess how much money the NO campaign spent?
$19 million. They spent $19 million to convince the people of Massachusetts that they can’t afford to pay more nurses ??‍♀️??‍♀️??‍♀️

Just like when extra staff/services/supplies magically appear when the Joint Commission comes. The amount of resources available are almost always relative to what management wants to do...

Specializes in Education, Informatics, Patient Safety.
14 hours ago, myoglobin said:

By the way here is an article https://www.epi.org/blog/californias-nurse-to-patient-ratio-law-reduced-nurse-injuries-by-more-than-30-percent/ that focuses upon how the California ratio law has reduced injuries for nurses. The argument speculates as to "mechanism", but I can tell you that when nurses are overwhelmed with excess patients they are in a reduced position to help other nurses (or to ask for help). I often move 300-400 pound plus vented (and bath) patients myself since my fellow nurses are too busy to help.

Fantastic reference - THANK YOU - this is what I'm talking about - if we don't treat nurses well by promoting a safe and dignified workplace, we lose them - that's not good for nurses, patients or business. Why can't hospitals see this?