Judge: Governor overstepped his authority

Elia Powers

Gov. Arnold Schwarzenegger overstepped his authority in suspending a

law requiring more nurses in sanctioned California hospitals and

emergency rooms, a Sacramento superior court judge ruled Friday.

Judge Judy Holzer Hersher issued a preliminary injunction

canceling Schwarzenegger’s delay, meaning a minimum ratio of one

nurse for every five patients could soon take effect.

Under the current law, hospitals must have one nurse for every six

patients in medical and surgical wings and one nurse for every four

patients in emergency rooms. A 1999 law sponsored by the

60,000-member California Nurses Assn. mandated that the 5-1 ratio go

into effect by Jan. 1, 2005.

But Schwarzenegger called for an emergency suspension of the law

in November, citing recent hospital closures and concerns from

hospital administrators that they would be unable to hire the

adequate personnel.

Rick Martin, Hoag Hospital’s chief nursing officer and vice

president of patient care services, said Friday’s announcement will

have little effect on the Newport Beach medical facility, which has

adhered to a 5-1 ratio since Jan. 1.

But, he said, the judge’s ruling will likely present challenges

for other hospitals that cannot meet the ratio.

“It’s a balancing act,” Martin said. “The ratio can help in some

cases, but if a hospital doesn’t have the hiring capability and

cannot meet those standards, it doesn’t work in the favor of

patients. Care can be compromised.”

California Hospital Assn. spokesperson Jan Emerson said she

disagrees with the decision. She said the hospital association plans

to appeal the ruling.

“The nurses simply don’t exist,” Emerson said. “There are 14,000

vacant positions at California hospitals. If we go to a 5-1 ratio,

that will require an additional 4,000 nurses.

“The only choice a hospital will have is to break the law or close

beds and turn away people. And that’s not in the interest of patient

care.”

California Nurses Assn. President Deborah Burger said she

disagrees with that notion. She said already understaffed hospitals

are not providing a service to their patients.

“Patients in California now know that when they are hospitalized,

they will have enough care,” she said. “If you are a trauma patient

who needs to be put into care, do you want to go to a hospital that

doesn’t provide safe care for you?”

According to a Los Angeles Times survey, about 36% of hospitals

inspected by the state’s Department of Health Services were in

compliance with the law as of last winter.