HOUSE BILL No. 6153
May 30, 2002, Introduced by Rep. George and referred to the Committee on Senior Health, Security and Retirement. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21720a (MCL 333.21720a). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 21720a. (1) A THE DEPARTMENT SHALL NOT LICENSE A 2 nursing home shall not be licensed under this part unless that 3 nursing home has on its staff at least 1 registered PROFESSIONAL 4 nurse with specialized training or relevant experience in the 5 area of gerontology. , who shall THE NURSING HOME SHALL HAVE A 6 REGISTERED PROFESSIONAL NURSE serve as the director of nursing. 7 and who shall be THE DIRECTOR OF NURSING IS responsible for 8 planning and directing nursing care. The nursing home shall have 9 at least 1 REGISTERED PROFESSIONAL NURSE OR licensed PRACTICAL 10 nurse on duty at all times and shall employ additional registered 11 PROFESSIONAL NURSES and licensed practical nurses in accordance 04920'01 CPD 2 1 with subsection (2). This subsection shall not take effect 2 until January 1, 1980. 3 (2) A AS REQUIRED BY SUBSECTION (1), A nursing home shall 4 employ nursing personnel sufficient to provide continuous 24-hour 5 nursing care and services sufficient to meet the needs of each 6 patient in the nursing home. Nursing personnel employed in the 7 nursing home shall be ARE under the supervision of the director 8 of nursing. A licensee shall maintain a nursing home staff suf- 9 ficient to provide not less than 2.25 hours of nursing care by 10 employed nursing care personnel per patient per day. The ratio 11 of patients to nursing care personnel during SHALL NOT EXCEED 12 THE FOLLOWING: 13 (A) DURING a morning shift, shall not exceed 8 patients to 14 1 nursing care personnel. ; the ratio of patients to nursing 15 care personnel during 16 (B) DURING an afternoon shift, shall not exceed 12 17 patients to 1 nursing care personnel. ; and the ratio of 18 patients to nursing care personnel during 19 (C) DURING a nighttime shift, shall not exceed 15 patients 20 to 1 nursing care personnel. and there shall be 21 (3) A NURSING HOME SHALL KEEP sufficient nursing care per- 22 sonnel available on duty to assure coverage for patients at all 23 times during the shift. An employee designated as a member of 24 the nursing staff shall not be engaged in providing basic serv- 25 ices such as food preparation, housekeeping, laundry, or mainte- 26 nance services, except in an instance of natural disaster or 27 other emergency reported to and concurred in by the department. 04920'01 3 1 In a nursing home having 30 or more beds, the director of nursing 2 shall not be included in counting the minimum ratios of nursing 3 personnel required by this subsection (2). IN NO CASE SHALL AN 4 EMPLOYEE WHO IS NOT DESIGNATED AS A MEMBER OF THE NURSING STAFF 5 BE INCLUDED IN COUNTING THE MINIMUM RATIOS OF NURSING PERSONNEL 6 TO PATIENTS REQUIRED BY SUBSECTION (2). 7 (4) (3) In administering this section, the department 8 shall take into consideration a natural disaster or other 9 emergency. 04920'01 Final page. CPD