SENATE HEALTH COMMITTEE

STATEMENT TO

SENATE, No. 878

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Senate Health Committee reports favorably Senate Bill No. 878 with committee amendments.

      This bill amends the "Conscientious Employee Protection Act" to extend the protections of that act against employer retaliation to any licensed health care professional who takes actions regarding an instance of improper patient care which the professional reasonably believes violates the professional's code of ethics or any law, rule, regulation or declaratory ruling adopted pursuant to law. The bill protects the professional from employer retaliation if the professional discloses such instances to a supervisor or public body or objects to, or refuses to participate in, any activity, policy or practice which violates the code of ethics or any law, rule, regulation or declaratory ruling adopted pursuant to law.

      The "Conscientious Employee Protection Act" currently protects from employer retaliation any employee who discloses, objects to, or refuses to participate in, actions which the employee reasonably believes to be illegal, fraudulent or incompatible with a clear mandate of public policy. This bill provides that employer retaliation is also prohibited in any case in which a health care professional reasonably believes that an employer has committed an act which constitutes improper quality of patient care.

      In a growing number of cases, health care professionals are being pressured to accept seriously inadequate staffing levels and delegate their responsibilities to unqualified, non-professional staff. It is of the utmost importance that health care professionals are able to speak out against, and refuse to participate in, these and other practices by their employers which endanger the well-being of patients.