Senate Bill S4885A

2021-2022 Legislative Session

Relates to the hours worked by nurses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S4885 - Details

See Assembly Version of this Bill:
A181
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L; amd §6510-e, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6492
2011-2012: A410
2013-2014: A1632
2015-2016: A1127
2017-2018: A876
2019-2020: S5678, A3756

2021-S4885 - Summary

Includes home care services in certain requirements regarding restrictions on consecutive hours of work for nurses, and regarding nurses' refusal of overtime work.

2021-S4885 - Sponsor Memo

2021-S4885 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4885
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the education law, in relation to  the
   hours worked by nurses
 
   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:
   §  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 AND ARTI-
 CLE THIRTY-SIX of the public health law, including any facility operated
 by the state, a political 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 educa-
 tion 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.  "Regularly  scheduled  work  hours", including REGULARLY SCHEDULED
 HOME CARE VISITS, pre-scheduled on-call time and the time spent for  the
 purpose  of  communicating shift reports regarding patient status neces-
 sary to ensure patient safety, shall mean  those  hours  AND  HOME  CARE
 VISITS  a  nurse  has  agreed  to work and is normally scheduled to work
 pursuant to the budgeted hours AND HOME CARE  VISITS  allocated  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S4885A (ACTIVE) - Details

See Assembly Version of this Bill:
A181
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L; amd §6510-e, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6492
2011-2012: A410
2013-2014: A1632
2015-2016: A1127
2017-2018: A876
2019-2020: S5678, A3756

2021-S4885A (ACTIVE) - Summary

Includes home care services in certain requirements regarding restrictions on consecutive hours of work for nurses, and regarding nurses' refusal of overtime work.

2021-S4885A (ACTIVE) - Sponsor Memo

2021-S4885A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4885--A
     Cal. No. 1113
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor -- reported  favora-
   bly  from  said committee, ordered to first and second report, amended
   on second report, ordered to a third reading, and to be  reprinted  as
   amended, retaining its place in the order of third reading
 
 AN  ACT to amend the labor law and the education law, in relation to the
   hours worked by nurses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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:
   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 AND ARTI-
 CLE THIRTY-SIX of the public health law, including any facility operated
 by the state, a political 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 educa-
 tion 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.  "Regularly  scheduled  work  hours", including REGULARLY SCHEDULED
 HOME CARE VISITS, pre-scheduled on-call time and the time spent for  the
 purpose  of  communicating shift reports regarding patient status neces-
 sary to ensure patient safety, shall mean  those  hours  AND  HOME  CARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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