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Victory for Nurses — Judge Rules in Favor of Staffing Ratios

In the last issue of UNA Action (Winter 2005), we reported that California Gov. Arnold Schwarzenegger (R) had issued emergency regulations that would delay implementation of the mandatory reduction of nurse-to-patient ratios in medical-surgical hospital units. Since then, nurses across the state have held rallies, testified at public hearings and picketed the governor in protest. Now judges in two California courts have ruled that the administration abused its authority by issuing the regulations, giving the go-ahead to ratios that were to take effect on Jan. 1, 2005. 

In a 21-page ruling, and in comments during a court hearing, Superior Court Judge Judy Hersher said "the state failed to prove it had evidence to show the need for the emergency regulations." In what is seen as a strong rebuke of the administration’s claims, she added, "The only evidence [the Department of Health Services] relies on for its decision to proceed by emergency regulation are ‘reports’ of hospitals closing or reducing the availability of services. These reports consist almost exclusively of hearsay testimony obtained from newspaper articles, and none of this evidence shows that the magnitude and scope of the reductions in service were any more severe than originally anticipated." 

The mandated ratio of one nurse for every five patients was allowed to take effect March 14. The Department of Health Services has sent hospitals a letter with instructions on how to comply with the new rule. But the legal battle continues; immediately after the ruling the California Hospital Association and the DHS appealed the final order.

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