Health and Safety Code § 257.003

Sec. 257.003. NURSE STAFFING POLICY AND PLAN. (a) The governing body of a hospital shall adopt, implement, and enforce a written nurse staffing policy to ensure that an adequate number and skill mix of nurses are available to meet the level of patient care needed. The policy must include a process for: (1) requiring the hospital to give significant consideration to the nurse staffing plan recommended by the hospital's nurse staffing committee and to that committee's evaluation of any existing plan; (2) adopting, implementing, and enforcing an official nurse services staffing plan that is based on the needs of each patient care unit and shift and on evidence relating to patient care needs; (3) using the official nurse services staffing plan as a component in setting the nurse staffing budget; (4) encouraging nurses to provide input to the committee relating to nurse staffing concerns; (5) protecting from retaliation nurses who provide input to the committee; and (6) ensuring compliance with rules adopted by the executive commissioner of the Health and Human Services Commission relating to nurse staffing. (b) The official nurse services staffing plan adopted under Subsection (a) must: (1) reflect current standards established by private accreditation organizations, governmental entities, national nursing professional associations, and other health professional organizations; (2) set minimum staffing levels for patient care units that are: (A) based on multiple nurse and patient considerations; and (B) determined by the nursing assessment and in accordance with evidence-based safe nursing standards; (3) include a method for adjusting the staffing plan for each patient care unit to provide staffing flexibility to meet patient needs; and (4) include a contingency plan when patient care needs unexpectedly exceed direct patient care staff resources. (c) The hospital shall: (1) use the official nurse services staffing plan: (A) as a component in setting the nurse staffing budget; and (B) to guide the hospital in assigning nurses hospital-wide; and (2) make readily available to nurses on each patient care unit at the beginning of each shift the official nurse services staffing plan levels and current staffing levels for that unit and that shift. Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.