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Ch. 322
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2002 LAWS OF MARYLAND
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WHEREAS, Due to higher patient acuity levels, an aging population, and
myriad other factors, the extraordinary demands placed on nurses today need to be
recognized and respected; and
WHEREAS, The nursing shortage, combined with an increasing demand for
patient care in a variety of settings, presents a continuous challenge to secure
appropriate levels of nurse staffing, particularly in settings which must be staffed 24
hours a day, 7 days a week; and
WHEREAS, Common sense and emerging research, including an Institute of
Medicine report called "To Err is Human—Building a Safe Health System" published
in November of 1999, confirm that nursing staff shortages and excessive overtime
may lead to an increased incidence of errors that injure patients; and now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article—Health Occupations
8-103.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "INVOLUNTARY OVERTIME" MEANS WORK THAT EXCEEDS
REGULARLY SCHEDULED HOURS ACCORDING TO THE PREDETERMINED WORK
SCHEDULE.
(3) "RETRIBUTION" MEANS THE DISCHARGE, SUSPENSION, DEMOTION,
HARASSMENT, DENIAL OF EMPLOYMENT, DENIAL OF PROMOTION, LAYOFF, OR
OTHER ADVERSE ACTION TAKEN BY A HOSPITAL AN EMPLOYER AGAINST A NURSE IN
RESPONSE TO THE FILING OF A COMPLAINT.
(B) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NURSES WHO ARE
EMPLOYED IN HEALTH FACILITIES IN THE STATE HAVE THE EDUCATION,
PROFESSIONAL LICENSES, TRAINING, SKILL, AND UNIT ORIENTATION NECESSARY
TO PERFORM THEIR JOBS.
(C) NURSES IN THE STATE HAVE THE FOLLOWING RIGHTS:
(1) THE RIGHT TO BE TREATED WITH CONSIDERATION, RESPECT, AND
FULL RECOGNITION OF THEIR PROFESSIONAL STATUS AND THE SIGNIFICANT
CONTRIBUTION THAT THEY MAKE TO THE HEALTH AND WELL BEING OF THEIR
PATIENTS;
(2) THE RIGHT TO COLLABORATE AND BE ACTIVELY INVOLVED WITH
THE MANAGEMENT OF THE HEALTH FACILITY IN ORDER TO RESOLVE ISSUES
BEFORE THESE SAME ISSUES IMPACT PATIENT SAFETY OR BECOME A CAUSE OF
DISSATISFACTION FOR STAFF;
(3) THE RIGHT TO SERVE ON HEALTH FACILITY COMMITTEES DEALING
WITH ISSUES INCLUDING APPROPRIATE BED UTILIZATION, PURCHASING, PHARMACY
AND THERAPEUTICS, ETHICS, PATIENT SAFETY, PRODUCTS ISSUES, HUMAN
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- 2808 -
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