senate Bill S121

2013-2014 Legislative Session

Relates to restrictions on consecutive hours of work for nurses in the office of children and family services

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

S121 - Bill Details

See Assembly Version of this Bill:
A1166
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง167, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S4821, A6986

S121 - Bill Texts

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Relates to restrictions on consecutive hours of work for nurses in the office of children and family services.

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BILL NUMBER:S121

TITLE OF BILL:
An act
to amend the labor law, in relation to restrictions on consecutive hours
of work for nurses in the office of children and family services

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: of the bill amends Section 167 of the labor law to add
facilities licensed or operated pursuant to Article 19-G of the
Executive Law to the definition of Employer.

Section 2: of the bill sets forth the effective date.

JUSTIFICATION:
Unlike their counterparts in other health care settings such as
hospitals, correctional facilities, and mental health hospitals,
nurses in facilities operated by the Office of Children and Family
Services (OCFS) are not covered by legislation enacted in 2008
limiting mandatory overtime.
Aside from the personal and family hardships created by being forced
to work extra hours, quality of care is jeopardized by mandatory
overtime. When nurses are exhausted by long hours and little rest
time there is an increased risk of medical errors that can harm a
patient's health or well being. The work performed by nurses in OCFS
is no less strenuous or demanding than the work of nurses currently
covered, and their exclusion has the potential to put the youth they
serve at risk.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.4821

FISCAL IMPLICATIONS:
The use of overtime to address staffing needs has resulted in
increased overtime costs. This bill should result in additional new
entry level hires at more favorable cost.

EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become law.

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

                                   121

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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 nurses in the office of children and family
  services

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

  Section  1.  Paragraph  a 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:
  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, ARTICLE NINE-
TEEN-G OF THE EXECUTIVE LAW or the correction law.
  S 2. 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.
                                                           LBD00329-01-3

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