Legislative Update

Alabama Nurse,  Jun-Aug 2004  

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Licensure will be required for respiratory therapists under a measure approved by the Alabama Legislature during the 2004 regular session. Alabama State Nurses Association (ASNA) supported the respiratory therapist licensure bill because of its potential to promote sound health care practices in Alabama. ASNA's only concern was that those respiratory therapists already practicing, many of whom are registered nurses, be grandfathered and not subjected to additional educational requirements to maintain their jobs. The measure will allow practicing respiratory therapists to apply for licensure within a year of the legislation's implementation with the same status as national board certified therapists. The bill defines the practice of "respiratory therapy or care" as: "Therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities of the cardiopulmonary system and associated aspects of other systems' functions, given by a health care professional under the direction of a physician."

Meanwhile, ASNA's legislation establishing assault on a health care worker as a felony did not make it through the legislative hopper during the final days of the 2004 session. The measure, proposed by the Alabama State Nurses Association to combat workplace violence, was approved by the state Senate, but died in the House. Following the tragic New York terrorist strike on September 11, 2001, many state nursing associations are proposing similar legislation. Non-terrorist assaults are a major problem in many states.

According to a U.S. Bureau of justice report on workplace violence, an average of 429,100 nurses are assaulted in the United States each year. ASNA's legislation would make such an assault a felony if the assault was committed "with intent to cause physical injury" to a health care employee, including nurses, physicians, technicians and other health care workers. The aggressor could have been sentenced to up to 10 years in prison for the assault. Under present law, most such assaults would be treated as misdemeanors.

ASNA attorney/lobbyist Don Eddins expressed disappointment that the measure failed, but indicated that the Association will push it again next year.'Our registered nurses deserve all the protection they can get," he said. "They are on the front-line of health care and are among the most vulnerable professionals in the country." Eddins said the tendency of criminals to regard hospitals and medical facilities as places where drugs are kept, coupled with staffing shortages, leave RNs particularly vulnerable.

The legislation was pushed through the Senate by state Senator Ted Little, D-Auburn. It then won approval of the House judiciary Committee but the logjam of pressing matters, particularly state budgets and tax measures, prevented lawmakers from giving final approval to many exemplary pieces of legislation. A number of House members came to the aid of ASNA in an effort to approve the bill. Among them were Representatives Barbara Boyd, DAnniston, Bobby Singleton, D-Greensboro, Dick Brewbaker, R-Montgomery, Betty Carol Graham, DTallapoosa County, and Neal Morrison, D-Cullman.

Concerns were raised in the House that the bill would create a special class of crime victims. ASNA pointed out, however, that health care workers are in especially vulnerable jobs and that the state already gives this protection to teachers and education employees.

Concern also was expressed that an emotionally disturbed or medically impaired patient could be charged with a felony for striking a health care worker. ASNA noted that such a person would not possess the requisite intent to cause harm under the measure. Nevertheless, ASNA wrote an amendment to the Senate bill ensuring that an impaired or disturbed patient would not be subjected to provisions of the legislation.

The nursing shortage crisis and other health care issues did get legislators' attention. The Alabama Legislature has oj-eated a blue-ribbon "emergency response commission" to study "the health care crisis in Alabama."

With more than 50 members, the panel is to develop recommendations to control health care costs while increasing access to and improving health care in Alabama.

Appointments were made by Governor Bob Riley, lieutenant Governor Lucy Baxley, Senate President Pro Tern Lowell Barren and House Speaker Seth Hammett. One of the nurses recommended by ASNA, Dr. EuIa Das, was appointed by lieutenant Governor Lucy Baxley.

The commission is to study ways to control costs, while considering access to quality health care. The group is to have a draft report completed no later than January 1, 2005, and the final report to the Legislature no later than May 1, 2005.

The resolution creating the group was sponsored by Senate President Pro Tern Lowell Barren and will include at least six legislators and a representative from the governor's office. In addition to ASNA, industry representatives will include physicians, nursing home, hospital, dental, chiropractic, pharmaceutical associations, insurance, medical education, business and labor.

Copyright Alabama State Nurses' Association Jun-Aug 2004
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