Thanks to the activism of HPAE members, nurses and other health professionals now have protection from employer retaliation when they take a stand against unsafe patient care. The bill, signed into law on May 12, 1997, languished in the Governor’s office for more than a month after almost unanimous passage in the NJ State Senate and Assembly. The NJ Hospital Association was a constant voice in opposition to the bill, lobbying until the end for weakening amendments by the Governor.
HPAE President Ann Twomey met with the Governor’s counsel soon after the bill’s Assembly passage. In that meeting, HPAE offered evidence against the Hospital Association’s claims that this law would provoke frivolous lawsuits by “disgruntled employees.”
Under NJ State law, the Governor could have “conditionally vetoed” the bill, essentially stripping any real protections offered to health care workers. HPAE took this threat seriously, and organized a letter-writing, phone-calling, media attention and a last-minute “vigil” in front of the Governor’s office. More than 300 phone calls, and hundreds of letters and faxes went into the Governor’s office, from HPAE and other coalition members.
HPAE asked the Governor to sign the bill during “Nurses Week” as a true recognition of the bedside advocacy of nurses, and other health professionals. On Friday, May 9, HPAE announced its’ intention to go the Trenton on May 12, and wait outside the Governor’s office until she signed the bill. When Monday arrived, the Governor signed the bill.
Under the law, licensed or certified health professionals will have the right to disclose to a supervisor or a public body, testify to a public body, or refuse to participate in any unsafe patient care act, based upon their professional code of ethics. Employees must give a written notice to their employer of the problem. In an emergency, you need not give written notice, but must notify a supervisor. An employer cannot discharge, suspend, demote or take any retaliatory action against an employee fro these actions.
The New Jersey Conscientious Employee Protection Act (NJSA 34:19) may be the exclusive remedy under state law. Seek legal or union advice. A lawsuit must be filed within one year.