Whistle Blower Bill Signed by Governor
And that’s not all….Nursing Wins Big in Budget

It is now official!   With the passage of the Massachusetts State Budget signed by Governor Paul Cellucci, the MNA’s whistle blower legislation became law on Nov. 17, 1999. This historic measure provides Massachusetts health care providers with the nation’s strongest protections in speaking out about conditions that threaten the safety and quality of patient care. 

“This is a tremendous victory for all health care providers, not only nurses, because it assures patients that those who are held accountable for their safety, will be protected in fulfilling their ethical and legal mandate,” said Karen Daley, former president of MNA. 

The legislation, filed by the Massachusetts Nurses Association and sponsored by Representatives Christine Canavan, D-Brockton and Brian Cresta, R-Wakefield, and Senators Richard Tisei, R-Wakefield, Warren Tolman, D-Boston and Mark Montigny, D-New Bedford,  was written into the state budget, passed unanimously by both the House and Senate, and was sent to the Governor for his signature on Nov. 10.  On Nov. 16, the Governor sent the legislature his version of the budget, which left the whistle blower language intact.  When the budget was completed by the legislature the following night, the whistle blower bill became law. 

Nurses from across the Commonwealth are applauding the work of state lawmakers following the release of the FY 2000 budget, which, in additon to the whistle blower bill, includes an historic collection of initiatives that will improve patient care and provide greater protection for patients and citizens of the Commonwealth by increasing the power and presence of nurses within the system.

Among the pro-nursing initiatives in the budget are: 

Highlighting the budget initiatives is the legislature’s strong support of language providing whistle blower protection to all health care providers, including RNs, LPNs,  physicians, physicians assistants, chiropractors, dentists, occupational therapists, physical therapists, optometrists, pharmacists, podiatrists, psychologists, social workers, as well as nurses aides. 

Without the legislation, employees, especially non-unionized employees, have had limited recourse under Massachusetts law to pursue action in the courts or other bodies for firings or reprimands they receive in retaliation for blowing the whistle on unsafe conditions and patient neglect.  This new language supports health care whistle blowers and penalizes those who attempt to silence them in fulfilling their legal mandate. 

Craven points to the courage and activism of a number of nurse whistle blowers, who brought the issue to public consciousness in recent years, including MNA members Barry Adams and Cathleen Kyle, who spoke to the media and testified before the legislature of their being fired simply for advocating for the safety of their patients. Adams testified powerfully of being fired in October 1996 for complaining about poor staffing and inadequate care at Youville Health Care, Inc., a Cambridge-based nursing home.  Cathleen Kyle, RN, testified to her firing from Massachusetts General Hospital for filing what the hospital considered to be too many internal reports of what Kyle considered to be hazardous conditions for patients in her critical care unit. Such actions will not longer be tolerated under the new law. To learn more about Kyle’s case, visit: www.mghq.com.

“What this means is staff nurses and administrative nurses alike  now have an opportunity as licensed professionals to ensure higher quality patient care in Massachusetts and honor the trust we know the public has invested in our profession,” a jubilant Adams commented after learning of the laws enactment. “We also should realize we have just raised the standard we will be held accountable for, and that is key to quality care.  I also hope nurses do not miss the opportunity to bask a little in the knowledge that this law was written by,  and is the result of,  nurses working together at many different levels.  I have never been more proud to be a member of the Massachusetts Nurses Association.”

Said Kyle, “The hardest thing for me in all this has been to explain to my children why their mother was fired for trying to be a good nurse.  But now I can point to this law and teach my children what can be done when people stand up and stand together to make things better.  I am thrilled with what nurses have accomplished in this struggle for justice.”

The measure will require health care employers to post notices to employees of their right to report concerns about patient care without fear of retribution.  If an employee reports legitimate violations of policy or patient care standards, the law mandates the employer to correct those violations.  It further prohibits the employer from taking any retaliatory action against a whistle blowing employee including discharge, suspension, demotion or denial of promotion or lay off.  If these actions occur, the employee can report the employer to the Attorney General’s office, which may act on the public’s behalf to protect the employee. 

Click here to view the actual text of the Whistle Blower law.

Commission Formed on Staffing Shortages

While the Massachusetts legislature has been reluctant to pass a nurse staffing bill similar to that in California (a bill filed by the MNA has died in committee this year); they did include a provision in the state budget calling for the creation of a “Special Commission on the Delivery of Health Care Services by Nurses.”  This bi-partisan commission is charged with investigating and reporting on the impact of regulations and health care policies on the delivery of nursing care, which includes examining nurse’s chief concerns regarding the safety of staffing levels in the health care system.  The Commission is to complete its work by December 2000. 

“The creation of this commission is an important first step in our efforts to finding a real solution to the staffing crisis in Massachusetts health care system,” Craven said.  “We understand the legislature needs the time to study this issue and we are anxious to use this process to obtain our ultimate objective of providing patients and citizens with a guarantee of safe staffing levels wherever they receive care.”

$ 11.5 Million Slotted for School-Based Health Services 

It’s not only in hospitals and nursing homes that access to nursing care has been a problem.  The need for dramatic increases in children’s access to school nursing services has been a long standing goal of the legislature following the release of a report by its own Commission on School Health Services back in 1997. That report called for a minimum standard of at least one school nurse per school, and an assignment of no more than 500 students per school nurse (225 to 1 if there are special needs students).

In response to this mandate, the legislature passed an $11.5 million increase in funding for school health services, which will be used to beef up school nurse staffing at the most needy school systems in the Commonwealth. 

SANE Program Funded 

Finally, the legislature allocated more than $900,000 for the creation of the nation’s first statewide Sexual Assault Nurse Examiner Program.  This program funds the recruitment, training and placement of specially trained forensic nurses, who will work in hospital emergency rooms with victims of rape and sexual assault.  These nurses are expert in talking with patients and in gathering evidence for use in prosecuting perpetrators of these crimes.  While the program has been piloted in a few hospitals with great success over the last two years, the new funding will allow the program to expand throughout the Commonwealth.  In settings where these nurse examiners are involved, the prosecution rate for perpetrators of child sexual assault is 100%, and for perpetrators of adult sexual assault, it is over 80%.