BILL NUMBER:A10072
TITLE OF BILL: An act to amend the labor law and the education law, in
relation to including certified nursing assistants in provisions of law
relating to restrictions on consecutive hours of work
PURPOSE: To include certified nursing assistants in provisions of law
relating to restrictions on consecutive hours of work.
SUMMARY OF PROVISIONS: Section 1 adds certified nursing assistant to
paragraph b of subdivision 1 of section 167 of the labor law, as added
by chapter 433 of the laws of 2008. Section 2 amends section 6510-a of
the education law,as added by chapter 493 of the laws of 2008 to include
certified nursing assistants.
JUSTIFICATION: In 2008 legislation was chaptered that limited consec-
utive hours of work by registered nurses and licensed practical nurses.
This bill would include mandatory overtime for certified nursing assist-
ants also. CPN's work in a demanding, stressful environment where proper
decision making is part of the job. Under staffing has resulted in CPN's
having to work longer hours caring for sicker, more needy patients with
very little rest. CPN's deserve to be included in the mandatory overtime
statute the same as the RN's and LPN's so they can do their jobs to the
best of their ability without it affecting patient care.
BILL HISTORY: New Bill.
S T A T E O F N E W Y O R K
________________________________________________________________________
10072
I N A S S E M B L Y
March 3, 2010
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law and the education law, in relation to
including certified nursing assistants in provisions of law relating
to restrictions on consecutive hours of work
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 1 of section 167 of the labor
law, as added by chapter 493 of the laws of 2008, is amended to read as
follows:
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, OR A CERTIFIED NURSING
ASSISTANT.
S 2. Section 6510-e of the education law, as added by chapter 493 of
the laws of 2008, is amended to read as follows:
S 6510-e. Nurses' refusal of overtime work. The refusal of a licensed
practical nurse [or], a registered professional nurse OR A CERTIFIED
NURSING ASSISTANT to work beyond said nurse's regularly scheduled hours
of work shall not solely constitute patient abandonment or neglect
except under the circumstances provided for under subdivision three of
section one hundred sixty-seven of the labor law.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11206-03-0
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