Whistleblower Protections

Click to see a map of state legislative action on this topic

A critical responsibility of every staff nurse is speaking out for themselves and their patients against unsafe practices and violations.  Nurses should be able to do so without fear of retaliation by their employers—why strong whistleblower protections are needed.

In 2005, CO, CT, FL, IN, IA, NM, NY and PA introduced whistleblower legislation addressing health care personnel although none was enacted. In 2004, Vermont legislation provides whistleblower protection for hospital or nursing home employees. The bill provides that no employer shall take retaliatory action against any employee because the employee discloses or threatens to disclose to any person or entity improper quality of patient care.

In 2003, Arizona passed the Patient Safety Reporting Act to protect health care professionals who report any violations that put a patient at risk from retaliation by a health care facility; it also sets up reporting procedures and policies. Illinois enacted legislation that protects hospital employees from discrimination or retaliation for disclosing information or refusing to participate in any activity that poses a risk to a patient’s health, safety or welfare. Legislation enacted in Maine protects a health care worker who reports a deviation from standards of patient care.Utah makes technical changes to state labor laws by adding retaliatory acts such as discharge, demotion or any other form of retaliation by an employer, prohibited. Virginia specifically prohibits hospitals from retaliating against complainants who, in good faith, provide information to any entity having responsibility for protecting the rights of patients; complainant identity will also remain confidential.

In 2002, legislation enacted in Maryland prevents retaliatory action against any individually licensed or certified employee who discloses to a supervisor or board an activity, policy or practice that is in violation of a law, rule, or regulation. Nevada law prevents a medical facility from retaliating or discriminating unfairly against an employee who in good faith reports a sentinel event to the health division. New York enacted legislation preventing an employer from taking retaliatory action against an employee who discloses to a supervisor or a public body an activity that constitutes improper quality of care or refuses to participate in that activity. The law also establishes a fund that consists of money received from civil penalties related to this law to be used for improving quality of patient care. Florida passed a measure to protect employees but only for complaints to the Medicaid Fraud Control Unit.

In 2001, Oregon enacted legislation that prevents a hospital from taking retaliatory action against nursing staff for disclosure of an activity, policy or practice of the hospital that is in violation of a law or professional standard of practice and poses a risk to patients. The law also protects the nurse from participating in any activity that the nursing staff believes poses a risk to the patient. West Virginia law prevents retaliation or discrimination against any health care worker who reports wrongdoing or waste or advocates on behalf of a patient in regards to care. 

Click on the links below to learn more about which states are acting on these key issues (data is current to the end of the most recent state legislative cycle, which concluded in 2005 for most states):

• Nurse staffing ratios
• Nurse staffing plans
• Mandatory overtime ban
• Safe patient handling and movement
• Whistleblower protection
• Universal health care