senate Bill S1080

Relates to restrictions on consecutive hours of work for non-nursing direct care staff

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

Includes non-nursing direct care staff within provisions restricting consecutive work hours for nurses.

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Bill Details

See Assembly Version of this Bill:
A1402
Versions:
S1080
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง167, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
S3557, A7617

Sponsor Memo

BILL NUMBER:S1080

TITLE OF BILL: An act to amend the labor law, in relation to
restrictions on consecutive hours of work for non-nursing direct-care
staff

PURPOSE:
To include non-nursing direct care staff in provisions of law relating
to restrictions on consecutive hours of work.

SUMMARY OF PROVISIONS:
Section 1 Amends section 167 of the labor law, as added by chapter 493
of the laws of 2008 by:

* Adding a definition of non-nursing direct care staff
* Adding non-nursing direct care staff to restrictions on consecutive
hours of work

JUSTIFICATION:
In 2008 legislation was chaptered that limited consecutive hours of
work by registered nurses and licensed practical nurses. This bill
would include mandatory overtime for non-nursing direct care staff as
well. Individuals who provide care directly to patients work in a
demanding, stressful environment where proper decision making is part
of the job. Under staffing has sometimes lead to situations where
people working in these capacities take care of patients with little
rest in a demanding environment. Non-Nursing direct care staff deserve
to be included in the mandatory overtime statute, so that they can
better perform their jobs and provide the highest level of care to
patients.

BILL HISTORY:
S3557/A7617 of 2011-12; Referred to Labor

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1080

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to  restrictions  on  consec-
  utive hours of work for non-nursing direct-care staff

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 167 of the labor law, as added by  chapter  493  of
the laws of 2008, is amended to read as follows:
  S  167.  Restrictions on consecutive hours of work for nurses. 1. When
used in this section:
  a. "Health care employer"  shall  mean  any  individual,  partnership,
association,  corporation,  limited  liability  company or any person or
group of persons acting directly or indirectly on behalf of  or  in  the
interest  of  the employer, which provides health care services (i) in a
facility licensed or operated pursuant to article  twenty-eight  of  the
public health law, including any facility operated by the state, a poli-
tical  subdivision  or a public corporation as defined by section sixty-
six of the general construction law, or (ii) in a facility  operated  by
the state, a political subdivision or a public corporation as defined by
section  sixty-six of the general construction law, operated or licensed
pursuant to the mental hygiene law, the education law or the  correction
law.
  b.  "Nurse"  shall  mean a registered professional nurse or a licensed
practical nurse as defined by article one  hundred  thirty-nine  of  the
education law who provides direct patient care.
  c.  "NON-NURSING DIRECT-CARE STAFF" SHALL MEAN ANY EMPLOYEE WHO IS NOT
A NURSE OR OTHER PERSON LICENSED, CERTIFIED OR  REGISTERED  UNDER  TITLE
EIGHT  OF  THE  EDUCATION LAW WHOSE PRINCIPAL RESPONSIBILITY IS TO CARRY
OUT DIRECT PATIENT CARE FOR ONE  OR  MORE  PATIENTS  OR  PROVIDE  DIRECT
ASSISTANCE IN THE DELIVERY OF PATIENT CARE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02258-01-3

S. 1080                             2

  D.  "Regularly  scheduled work hours", including pre-scheduled on-call
time and the time spent for the purpose of communicating  shift  reports
regarding  patient status necessary to ensure patient safety, shall mean
those hours a nurse OR NON-NURSING DIRECT-CARE STAFF has agreed to  work
and  is  normally scheduled to work pursuant to the budgeted hours allo-
cated to the nurse's position by the health care  employer;  and  if  no
such  allocation system exists, some other measure generally used by the
health care employer to determine when an employee is minimally supposed
to work, consistent with the collective bargaining  agreement,  if  any.
Nothing  in this section shall be construed to permit an employer to use
on-call time as a substitute for mandatory overtime.
  2. a. Notwithstanding any  other  provision  of  law  no  health  care
employer  shall require a nurse OR NON-NURSING DIRECT-CARE STAFF to work
more than that nurse's  OR  NON-NURSING  DIRECT-CARE  STAFF'S  regularly
scheduled  work  hours,  except  pursuant  to  subdivision three of this
section.
  b. Nothing in this section  shall  prohibit  a  nurse  OR  NON-NURSING
DIRECT-CARE STAFF from voluntarily working overtime.
  3. The limitations provided for in this section shall not apply in the
case of:
  a. a health care disaster, such as a natural or other type of disaster
that  increases the need for health care personnel, unexpectedly affect-
ing the county in which the nurse or non-nursing direct  care  staff  is
employed or in a contiguous county; or
  b.  a  federal,  state or county declaration of emergency in effect in
the county in which the  nurse  or  non-nursing  direct  care  staff  is
employed or in a contiguous county; or
  c.  where  a  health  care  employer determines there is an emergency,
necessary to provide safe patient care, in which case  the  health  care
provider  shall,  before requiring an on-duty employee to remain, make a
good faith effort to have overtime covered on a voluntary basis, includ-
ing, but not limited to, calling per  diems,  agency  nurses,  assigning
floats, or requesting an additional day of work from off-duty employees,
to  the  extent  such  staffing  options exist. For the purposes of this
paragraph, "emergency", including an unanticipated  staffing  emergency,
is  defined  as  an unforeseen event that could not be prudently planned
for by an employer and does not regularly occur; or
  d. an ongoing medical or surgical procedure  in  which  the  nurse  is
actively  engaged and whose continued presence through the completion of
the procedure is needed to ensure the health and safety of the patient.
  4. The provisions of this section are intended as a  remedial  measure
to  protect the public health and the quality of patient care, and shall
not be construed to diminish  or  waive  any  rights  of  any  nurse  OR
NON-NURSING  DIRECT-CARE STAFF pursuant to any other law, regulation, or
collective bargaining agreement.
  S 2. This act shall take effect immediately.

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