SENATE JOINT MEMORIAL 13

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Elizabeth "Liz" Stefanics

A JOINT MEMORIAL

REQUESTING THE BOARD OF NURSING TO CONVENE A SAFE HARBOR FOR NURSES TASK FORCE TO IDENTIFY PROMISING NURSING PEER REVIEW MODELS TO PROTECT PATIENTS AND NURSES.

     WHEREAS, safe harbor peer review is a process by which nurses can initiate nursing peer review when the nurse has been requested to engage in conduct that the nurse believes is in violation of that nurse's duty to a patient; and

     WHEREAS, under Texas law, safe harbor peer review is available to nurses; and

     WHEREAS, Texas law defines a nurse's "duty to a patient" to mean conduct, including administrative decisions directly affecting a nurse's ability to comply with the nurse's duty, that is required pursuant to standards of practice or professional conduct adopted by the nurse's licensing board; and

     WHEREAS, a nurse invoking the nurse's right to safe harbor peer review makes a request to a committee of the nurse's peers that reviews the facts of the matter involving the nurse's duty to a patient and makes a determination; and

     WHEREAS, the determination of the safe harbor peer review committee must be considered in any decision by the nurse's employer prior to disciplining the nurse for the refusal to engage in the requested conduct, though the nurse's supervisor may override that determination in a good-faith finding; and

     WHEREAS, no employer or other person may retaliate against a nurse for invoking the nurse's right to safe harbor peer review; and

     WHEREAS, in New Mexico, members of the nursing community have raised the need for safe harbor peer review in order to protect patients and nurses;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the board of nursing be requested to convene a safe harbor for nurses task force to identify promising nursing peer review models to protect patients from violations of their rights to safe patient care in accordance with their caregivers' professional standards and best practices and to protect nurses from retaliation for invoking their duties to their patients; and

     BE IT FURTHER RESOLVED that the board of nursing be requested to invite representatives from the New Mexico nurses association, nurses' unions, the university of New Mexico health sciences center's school of medicine, the university of New Mexico college of nursing, the New Mexico state university school of nursing, the Burrell college of osteopathic medicine, the New Mexico hospital association and the New Mexico health care association to join the safe harbor for nurses task force; and

     BE IT FURTHER RESOLVED that the safe harbor for nurses task force be requested to present its findings, including any recommendations for legislation, by August 30, 2018 to the legislative health and human services committee; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the legislative health and human services committee and the executive director of the board of nursing.

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