Maryland 2025 Regular Session

Maryland House Bill HB905 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0905*
96
107 HOUSE BILL 905
118 J1 5lr2142
129 CF SB 720
1310 By: Delegates White Holland, Bagnall, Guzzone, D. Jones, Kerr, Lopez, McCaskill,
14-Phillips, Taveras, and Woods Woods, Pena–Melnyk, Cullison, Bhandari,
15-Hill, S. Johnson, Kaiser, Martinez, Rosenberg, Woorman, and Ross
11+Phillips, Taveras, and Woods
1612 Introduced and read first time: January 31, 2025
1713 Assigned to: Health and Government Operations
18-Committee Report: Favorable with amendments
19-House action: Adopted
20-Read second time: March 1, 2025
2114
22-CHAPTER ______
15+A BILL ENTITLED
2316
2417 AN ACT concerning 1
2518
2619 Hospitals – Clinical Staffing Committees and Plans – Establishment 2
2720 (Safe Staffing Act of 2025) 3
2821
2922 FOR the purpose of requiring certain hospitals licensed in the State to establish and 4
3023 maintain a clinical staffing committee and to implement a clinical staffing plan; 5
3124 requiring each clinical staffing committee to develop a clinical staffing plan; and 6
3225 generally relating to hospitals and clinical staffing committees and plans. 7
3326
3427 BY adding to 8
3528 Article – Health – General 9
3629 Section 19–388 through 19–390 to be under the new part “Part XII. Clinical Staffing 10
3730 Committees and Plans” 11
3831 Annotated Code of Maryland 12
3932 (2023 Replacement Volume and 2024 Supplement) 13
4033
4134 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
4235 That the Laws of Maryland read as follows: 15
4336
4437 Article – Health – General 16
4538
4639 19–386. RESERVED. 17
4740
48-19–387. RESERVED. 18 2 HOUSE BILL 905
41+19–387. RESERVED. 18
42+
43+PART XII. CLINICAL STAFFING COMMITTEES AND PLANS. 19
44+
45+19–388. 20
46+ 2 HOUSE BILL 905
4947
5048
49+ (A) (1) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS 1
50+INDICATED. 2
5151
52-PART XII. CLINICAL STAFFING COMMITTEES AND PLANS. 1
52+ (2) (I) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” MEANS AN 3
53+INDIVIDUAL WHOSE PRI MARY DUTIES INCLUDE SUPPORTING INDIVIDUA LS WHO 4
54+PROVIDE DIRECT PATIE NT CARE. 5
5355
54-19–388. 2
56+ (II) “ANCILLARY MEMBER OF THE FRONTLINE TEAM ” 6
57+INCLUDES: 7
5558
56- (A) (1) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 3
57-INDICATED. 4
59+ 1. A DIETARY WORKER ; 8
5860
59- (2) (I) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” MEANS AN 5
60-INDIVIDUAL WHOSE PRI MARY DUTIES INCLUDE SUPPORTING INDIVIDUA LS WHO 6
61-PROVIDE DIRECT PATIE NT CARE. 7
61+ 2. A PATIENT CARE TECHNICI AN; AND 9
6262
63- (II) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” 8
64-INCLUDES: 9
63+ 3. ANY OTHER NONLICENSED STA FF ASSISTING WITH 10
64+PATIENT CARE. 11
6565
66- 1. A DIETARY WORKER; 10
66+ (3) “CLINICAL STAFFING COM MITTEE” MEANS A COMMITTEE 12
67+ESTABLISHED BY A HOS PITAL IN ACCORDANCE WITH SUBSECTION (C) OF THIS 13
68+SECTION. 14
6769
68- 2. A PATIENT CARE TECHNIC IAN; AND 11
70+ (4) “CLINICAL STAFFING PLA N” MEANS A PLAN DEVELOP ED UNDER 15
71+SUBSECTION (D) OF THIS SECTION. 16
6972
70- 3. ANY OTHER NONLICENSED STAFF ASSISTING WITH 12
71-PATIENT CARE. 13
73+ (B) THIS PART DOES NOT APPLY TO STATE HOSPITALS . 17
7274
73- (3) “CLINICAL STAFFING COM MITTEE” MEANS A COMMITTEE 14
74-ESTABLISHED BY A HOS PITAL IN ACCORDANCE WITH SUBSECTION (C) OF THIS 15
75-SECTION. 16
75+ (C) (1) EACH HOSPITAL LICENSE D UNDER THIS TITLE S HALL ESTABLISH 18
76+AND MAINTAIN A CLINICAL STAFFING COMMITTEE T HAT HAS EQUAL MEMBER SHIP 19
77+FROM MANAGEMENT AND EMPLOYEES. 20
7678
77- (4) CLINICAL STAFFING PLA N” MEANS A PLAN DEVELOP ED UNDER 17
78-SUBSECTION (D) OF THIS SECTION. 18
79+ (2) EACH CLINICAL STAFFIN G COMMITTEE ESTABLIS HED UNDER 21
80+THIS PART SHALL INCLUDE AT LEAST ONE OF THE FOLLOWING INDIVIDUALS: 22
7981
80- (B) THIS PART DOES NOT AP PLY TO STATE HOSPITALS . 19
82+ (I) A CERTIFIED NURS ING ASSISTANT; 23
8183
82- (C) (1) EACH HOSPITAL LICENSE D UNDER THIS TITLE S HALL ESTABLISH 20
83-AND MAINTAIN A CLINI CAL STAFFING COMMITT EE THAT HAS EQUAL MEMBERSHIP 21
84-FROM MANAGEMENT AND EMPLOYEES. 22
84+ (II) A DIETARY AIDE; 24
8585
86- (2) EACH CLINICAL STAFFIN G COMMITTEE ESTABLIS HED UNDER 23
87-THIS PART SHALL INCL UDE AT LEAST ONE OF THE FOLLOWING INDIVI DUALS: 24
86+ (III) AN EMERGENCY ROOM NUR SE; 25
8887
89- (I) A CERTIFIED NURSING AS SISTANT; 25
88+ (IV) AN ENVIRONMENTAL SERVIC E WORKER; 26
9089
91- (II) A DIETARY AIDE; 26
92-
93- (III) AN EMERGE NCY ROOM NURSE ; 27
94-
95- (IV) AN ENVIRONMENTAL SERV ICE WORKER; 28 HOUSE BILL 905 3
90+ (V) 1. A RESIDENT, IF THE COMMITTEE IS IN A TEACHING 27
91+HOSPITAL; OR 28
92+ HOUSE BILL 905 3
9693
9794
95+ 2. A PHYSICIAN, IF THE COMMITTEE IS IN A HOSPITAL 1
96+THAT IS NOT A TEACHI NG HOSPITAL; AND 2
9897
99- (V) 1. A RESIDENT, IF THE COMMITTEE IS IN A TEACHING 1
100-HOSPITAL; OR 2
98+ (VI) A TECHNICIAN. 3
10199
102- 2. (VI) A STAFF PHYSICIAN, IF THE COMMITTEE IS IN A 3
103-HOSPITAL THAT IS NOT A TEACHI NG HOSPITAL WHO IS NOT A HOSPITA L EMPLOYEE 4
104-OR ADMINISTRATOR ; AND 5
100+ (3) A CLINICAL STAFFING CO MMITTEE ESTABLISHED UNDER 4
101+PARAGRAPH (1) OF THIS SUBSECTION MAY INCLUDE A PATIEN T ADVOCATE. 5
105102
106- (VI) (VII) A TECHNICIAN. 6
103+ (D) EACH CLINICAL STAFFIN G COMMITTEE SHALL DE VELOP A CLINICAL 6
104+STAFFING PLAN FOR THE HOSPITA L THAT ESTABLISHES T HE APPROPRIATE NUMBE R 7
105+OF CLINICIANS NEEDED TO ADMINISTER QUALIT Y HEALTH CARE BY SET TING. 8
107106
108- (3) A CLINICAL STAFFING CO MMITTEE ESTABLISHED UNDER 7
109-PARAGRAPH (1) OF THIS SUBSECTION M AY INCLUDE A PATIENT ADVOCATE. 8
107+ (E) (1) WHEN DEVELOPING A CLI NICAL STAFFING PLAN , THE CLINICAL 9
108+STAFFING COMMITTEE S HALL ESTABLISH, BASED ON THE PATIENT POPULATION OF 10
109+THE HOSPITAL: 11
110110
111- (D) EACH CLINICAL STAFFIN G COMMITTEE SHALL DE VELOP A CLINICAL 9
112-STAFFING PLAN FOR THE HOSPITAL THAT ESTABL ISHES THE APPROPRIAT E NUMBER 10
113-OF CLINICIANS NEEDED TO ADMINISTER QUALIT Y HEALTH CARE BY SET TING THAT 11
114-MEETS PATIENT NEEDS . 12
111+ (I) SUGGESTED GUIDELINES OR RATIOS, MATRICES, OR GRIDS 12
112+INDICATING HOW MANY PATIENTS SHOULD BE A SSIGNED TO EACH REGI STERED 13
113+NURSE BY UNIT OR SET TING; AND 14
115114
116- (E) (1) WHEN DEVELOPING A CLI NICAL STAFFING PLAN , THE CLINICAL 13
117-STAFFING COMMITTEE S HALL ESTABLISH , BASED ON THE PATIENT POPULATION O F 14
118-THE HOSPITAL: 15
115+ (II) THE NUMBER OF REGISTE RED NURSES , LICENSED 15
116+PRACTICAL NURSES , CERTIFIED NURSING ASSIS TANTS, CERTIFIED MEDICINE 16
117+TECHNICIANS, ENVIRONMENTAL SERVIC E WORKERS, AND ANCILLARY MEMBER S OF 17
118+THE DIRECT CARE TEAM THAT SHOULD BE PRESE NT ON EACH UNIT DURI NG EACH 18
119+SHIFT. 19
119120
120- (I) SUGGESTED GUIDELINES OR RATIOS, MATRICES, OR GRIDS 16
121-INDICATING HOW MANY PATIENTS SHOULD BE A SSIGNED TO EACH REGI STERED 17
122-NURSE BY UNIT OR SET TING; AND 18
121+ (2) TO THE EXTENT PRACTIC ABLE, THE GUIDELINES ESTAB LISHED 20
122+UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION S HALL BE BASED ON NAT IONAL 21
123+EVIDENCE–BASED STANDARDS . 22
123124
124- (II) THE NUMBER OF REGISTE RED NURSES , LICENSED 19
125-PRACTICAL NUR SES, CERTIFIED NURSING AS SISTANTS, CERTIFIED MEDICINE 20
126-TECHNICIANS, ENVIRONMENTAL SERVIC E WORKERS, AND ANCILLARY MEMBER S OF 21
127-THE DIRECT CARE TEAM THAT SHOULD BE PRESE NT ON EACH UNIT DURI NG EACH 22
128-SHIFT. 23
125+ (F) ON OR BEFORE JULY 1 EACH YEAR, EACH HOSPITAL , THROUGH THE 23
126+CLINICAL STAFFING CO MMITTEE, SHALL CONDUCT A REVI EW OF THE CLINICAL 24
127+STAFFING PLAN TO : 25
129128
130- (2) TO THE EXTENT PRACTIC ABLE, THE GUIDELINES ESTABLISHED 24
131-UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION S HALL BE BASED ON NAT IONAL 25
132-EVIDENCE–BASED STANDARDS WHEN DEVELOPING A CLI NICAL STAFFING PLAN , 26
133-THE CLINICAL STAFFIN G COMMITTEE SHALL CO NSIDER: 27
129+ (1) EVALUATE THE EFFECTIVENESS OF THE CLINICAL STAFFIN G 26
130+PLAN DURING THE IMME DIATELY PRECEDING YE AR; 27
134131
135- (1) EXISTING STAFFING LEV ELS; 28
132+ (2) UPDATE THE CLINICAL S TAFFING PLAN TO ENSU RE THAT THE 28
133+CLINICAL STAFFING PL AN CONTINUES TO BE A PPROPRIATE AND EFFEC TIVE; AND 29
136134
137- (2) METHODS TO SECURE CO VERAGE NEEDS AS NECE SSARY; 29
138-
139- (3) EXISTING GAPS IN STAF FING AND HOW TO ADDR ESS THE GAPS; 30
140-
141- (4) ANY AVAILABLE EVIDENC E–BASED STAFFING STAND ARDS; AND 31 4 HOUSE BILL 905
135+ (3) DEVELOP A PROCESS FOR RECEIVING, RESOLVING, AND 30
136+TRACKING COMPLAINTS RELATED TO THE CLINI CAL STAFFING PLAN . 31
137+ 4 HOUSE BILL 905
142138
143139
140+ (G) IN DEVELOPING THE CLI NICAL STAFFING PLAN , THE CLINICAL 1
141+STAFFING COMMITTEE S HALL CONSIDER : 2
144142
145- (5) A SCHEDULE FOR PERIODI C REVIEW OF THE STAF FING PLAN. 1
143+ (1) THE AVERAGE NUMBER OF PATIENTS ON EACH UNI T ON EACH 3
144+SHIFT DURING THE IMMEDIATELY PRECEDIN G YEAR AND RELEVANT INFORMATION 4
145+REGARDING PATIENT DI SCHARGES, POTENTIAL ADMISSIONS , AND TRANSFERS ; 5
146146
147- (F) ON OR BEFORE JULY 1 EACH YEAR, EACH HOSPITAL, THROUGH THE 2
148-CLINICAL STAFFING CO MMITTEE, SHALL CONDUCT A REVI EW OF THE CLINICAL 3
149-STAFFING PLAN TO : 4
147+ (2) THE AVERAGE LEVEL OF ACUITY FOR PATIENTS ON EACH UNIT ON 6
148+EACH SHIFT DURING TH E IMMEDIATELY PRECED ING YEAR AND THE 7
149+CORRESPONDING LEVEL OF NURSING CAR E REQUIRED; AND 8
150150
151- (1) EVALUATE THE EFFECTIV ENESS OF THE CLINICA L STAFFING 5
152-PLAN DURING THE IMME DIATELY PRECEDING YE AR; 6
151+ (3) AN ESTIMATE OF THE AP PROPRIATE COMBINATIO N OF SKILL, 9
152+EXPERIENCE LEVEL , AND SPECIALTY CERTIF ICATION OR TRAINING OF STAFF FOR 10
153+EACH UNIT ON EACH SH IFT THAT IS REQUIRED TO ADEQUATELY PROVID E CARE. 11
153154
154- (2) UPDATE THE CLINICAL S TAFFING PLAN TO ENSURE THAT THE 7
155-CLINICAL STAFFING PL AN CONTINUES TO BE A PPROPRIATE AND EFFEC TIVE; AND 8
155+19–389. 12
156156
157- (3) DEVELOP A PROCESS FOR RECEIVING, RESOLVING, AND 9
158-TRACKING COMPLAINTS RELATED TO THE CLINI CAL STAFFING PLAN . 10
157+ (A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2026, EACH 13
158+HOSPITAL SHALL : 14
159159
160- (G) IN DEVELOPING THE CLI NICAL STAFFING PLAN , THE CLIN ICAL 11
161-STAFFING COMMITTEE S HALL CONSIDER : 12
160+ (1) IMPLEMENT THE CLINICA L STAFFING PLAN ADOP TED UNDER § 15
161+19–388 OF THIS SUBTITLE ; AND 16
162162
163- (1) THE AVERAGE NUMBER OF PATIENTS ON EACH UNI T ON EACH 13
164-SHIFT DURING THE IMM EDIATELY PRECEDING Y EAR AND RELEVANT INF ORMATION 14
165-REGARDING PATIENT DI SCHARGES, POTENTIAL ADMISSIONS , AND TRANSFERS ; 15
163+ (2) ASSIGN PERSONNEL TO E ACH PATIENT CARE UNI T IN 17
164+ACCORDANCE WITH THE CLINICAL STAFFING PL AN. 18
166165
167- (2) THE AVERAGE LE VEL OF ACUITY FOR PA TIENTS ON EACH UNIT ON 16
168-EACH SHIFT DURING TH E IMMEDIATELY PRECED ING YEAR AND THE 17
169-CORRESPONDING LEVEL OF NURSING CARE REQU IRED; AND 18
166+ (B) A REGISTERED NURSE , A LICENSED PRACTICAL NURSE, AN ANCILLARY 19
167+MEMBER OF THE FRONTL INE TEAM , OR AN APPLICABLE EXC LUSIVE 20
168+REPRESENTATIVE MAY S UBMIT A COMPLAINT TO THE CLINICAL STAFFIN G 21
169+COMMITTEE REGARDING ANY VARIATION WHERE PERSONNEL ASSIGNMENT IN A 22
170+PATIENT CARE UNIT IS NOT IN ACCORDANCE WITH T HE ADOPTED CLINICAL 23
171+STAFFING PLAN . 24
170172
171- (3) AN ESTIMATE OF THE AP PROPRIATE COMBINATIO N OF SKILL, 19
172-EXPERIENCE LEVEL , AND SPECIALTY CERTIF ICATION OR TRAINING OF STAFF FOR 20
173-EACH UNIT ON EACH SH IFT THAT IS REQUIRED TO ADEQUATELY PROVID E CARE. 21
173+ (C) THE CLINICAL STAFFING COMMITTEE SHALL DETE RMINE, BY A 25
174+MAJORITY VOTE , WHETHER A COMPLAINT HAS BEEN ADEQUATELY RESOLVED. 26
174175
175-19–389. 22
176+19–390. 27
176177
177- (A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2026 2027, EACH 23
178-HOSPITAL SHALL : 24
179-
180- (1) IMPLEMENT THE CLINICA L STAFFING PLAN ADOP TED UNDER § 25
181-19–388 OF THIS SUBTITLE; AND 26
182-
183- (2) ASSIGN PERSONNEL TO E ACH PATIENT CARE UNI T IN 27
184-ACCORDANCE WITH THE CLINICAL STAFFING PL AN. 28
185-
186- (B) A REGISTERED NURSE , A LICENSED PRACTICAL NURSE, AN ANCILLARY 29
187-MEMBER OF THE FRONTL INE TEAM , OR AN APPLICABLE EXC LUSIVE 30 HOUSE BILL 905 5
178+ (A) SUBJECT TO SUBSECTION (B) OF THIS SECTIO N, ON OR BEFORE 28
179+JANUARY 1 EACH YEAR, EACH HOSPITAL SHALL : 29
180+ HOUSE BILL 905 5
188181
189182
190-REPRESENTATIVE MAY SUBMIT A COMPLAI NT TO THE CLINICAL S TAFFING 1
191-COMMITTEE REGARDING ANY VARIATION WHERE PERSONNEL ASSIGNMENT IN A 2
192-PATIENT CARE UNIT IS NOT IN ACCORDANCE WI TH THE ADOPTED CLINI CAL 3
193-STAFFING PLAN . 4
183+ (1) POST IN A PUBLICLY AC CESSIBLE AND CONSPIC UOUS AREA ON 1
184+EACH PATIENT UNIT TH E CLINICAL STAFFING PLAN FOR THE UNIT AN D THE ACTUAL 2
185+DAILY STAFFING FOR E ACH SHIFT ON THE UNI T; 3
194186
195- (C) THE CLINICAL STAFFING COMMITTEE SHALL DETE RMINE, BY A 5
196-MAJORITY VOTE, WHETHER A COMPLAINT HAS BEEN ADEQUATELY RESOLVED. 6
187+ (2) ENSURE THAT A COPY OF THE CLINICAL STAFFING PLAN IS 4
188+AVAILABLE, ON REQUEST, ON EACH PATIENT UNIT ; AND 5
197189
198-19–390. 7
190+ (3) POST THE CLINICAL STA FFING PLAN ON THE HO SPITAL’S 6
191+WEBSITE. 7
199192
200- (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR BEFORE 8
201-JANUARY 1 EACH YEAR, EACH HOSPITAL SHALL : 9
193+ (B) IF A CLINICAL STAFFIN G PLAN FOR A UNIT IS AMENDED AFTER IT IS 8
194+IMPLEMENTED , THE HOSPITAL SHALL POST OR PROVIDE THE AMENDED CLINICAL 9
195+STAFFING PLAN FOR TH E UNIT IN THE MANNER REQUIR ED UNDER SUBSECTION (A) 10
196+OF THIS SECTION, IN A TIMELY MANNER . 11
202197
203- (1) POST IN A PUBLICLY AC CESSIBLE AND CONSPIC UOUS AREA ON 10
204-EACH PATIENT UNIT THE CLINICAL STAFFIN G PLAN FOR THE UNIT AND THE ACTUAL 11
205-DAILY STAFFING FOR E ACH SHIFT ON THE UNI T; AND 12
198+ SECTION 2. AND BE IT FURTHER ENACTED, That each hospital shall establish 12
199+a clinical staffing committee as required under § 19–388 of the Health – General Article, 13
200+as enacted by Section 1 of this Act, on or before January 1, 2026. 14
206201
207- (2) ENSURE THAT A COPY OF THE CLINICAL STAFFIN G PLAN IS 13
208-AVAILABLE, ON REQUEST, ON EACH PATIENT UNIT ; AND 14
202+ SECTION 3. AND BE IT FURTHER ENACTED, That each clinical staffing 15
203+committee shall develop a clinical staffing plan as required under § 19–388 of the 16
204+Health – General Article, as enacted by Section 1 of this Act, on or before July 1, 2026. 17
209205
210- (3) POST THE CLINICAL STA FFING PLAN ON THE HOSPITAL’S 15
211-WEBSITE. 16
212-
213- (B) IF A CLINICAL STAFFIN G PLAN FOR A UNIT IS AMENDED AFTER IT IS 17
214-IMPLEMENTED , THE HOSPITAL SHALL P OST OR PROVIDE THE A MENDED CLINICAL 18
215-STAFFING PLAN FOR TH E UNIT IN THE MANNER REQUIRED UNDER SUBSE CTION (A) 19
216-OF THIS SECTION, IN A TIMELY MANNER. 20
217-
218- SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 21
219-Assembly that, beginning on or before July 1 each year, beginning in 2029, the Maryland 22
220-Hospital Association shall: 23
221-
222- (1) compile reports provided by each hospital that summarize how the 24
223-hospital’s clinical staffing committee has addressed safe hospital staffing through the 25
224-hospital’s clinical staffing plan during the immediately preceding year; and 26
225-
226- (2) provide the reports in a single transmittal, in accordance with § 2–1257 27
227-of the State Government Article, to the Senate Finance Committee and the House Health 28
228-and Government Operations Committee. 29
229-
230- SECTION 2. 3. AND BE IT FURTHER ENACTED, That each hospital shall 30
231-establish a clinical staffing committee as required under § 19–388 of the Health – General 31
232-Article, as enacted by Section 1 of this Act, on or before January 1, 2026. 32
233- 6 HOUSE BILL 905
234-
235-
236- SECTION 3. 4. AND BE IT FURTHER ENACTED, That each clinical staffing 1
237-committee shall develop a clinical staffing plan as required under § 19–388 of the 2
238-Health – General Article, as enacted by Section 1 of this Act, on or before July 1, 2026. 3
239-
240- SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
241-October 1, 2025. 5
242-
243-
244-
245-
246-Approved:
247-________________________________________________________________________________
248- Governor.
249-________________________________________________________________________________
250- Speaker of the House of Delegates.
251-________________________________________________________________________________
252- President of the Senate.
206+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
207+October 1, 2025. 19