A01632 Summary:

BILL NO    A01632 

SAME AS    SAME AS S01673

SPONSOR    Gunther (MS)

COSPNSR    Clark, Colton, Jaffee, Perry, Englebright, Steck, Scarborough, Cook,
           Abinanti, Jacobs

MLTSPNSR   Farrell, Gottfried, McDonough, Ra

Amd S167, Lab L; amd S6510-e, Ed L

Relates to the hours worked by nurses.
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A01632 Actions:

BILL NO    A01632 

01/09/2013 referred to labor
01/08/2014 referred to labor
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A01632 Text:

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

                                         1632

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A. GUNTHER, CLARK, COLTON, JAFFEE, PERRY, ENGLE-
         BRIGHT -- Multi-Sponsored by -- M. of  A.  FARRELL,  GOTTFRIED,  McDO-
         NOUGH, RA -- read once and referred 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:

    1    Section  1.  Section  167 of the labor law, as added by chapter 493 of
    2  the laws of 2008, is amended to read as follows:
    3    S 167. Restrictions on consecutive hours of work for nurses.  1.  When
    4  used in this section:
    5    a.  "Health  care  employer"  shall  mean any individual, partnership,
    6  association, corporation, limited liability company  or  any  person  or
    7  group  of  persons  acting directly or indirectly on behalf of or in the
    8  interest of the employer, which provides health care services (i)  in  a
    9  facility licensed or operated pursuant to article twenty-eight AND ARTI-
   10  CLE THIRTY-SIX of the public health law, including any facility operated
   11  by the state, a political subdivision or a public corporation as defined
   12  by  section  sixty-six  of  the  general  construction law, or (ii) in a
   13  facility operated by the state, a  political  subdivision  or  a  public
   14  corporation  as defined by section sixty-six of the general construction
   15  law, operated or licensed pursuant to the mental hygiene law, the educa-
   16  tion law or the correction law.
   17    b. "Nurse" shall mean a registered professional nurse  or  a  licensed
   18  practical  nurse  as  defined  by article one hundred thirty-nine of the
   19  education law who provides direct patient care.
   20    c. "Regularly scheduled work  hours",  including  REGULARLY  SCHEDULED
   21  HOME  CARE VISITS, pre-scheduled on-call time and the time spent for the
   22  purpose of communicating shift reports regarding patient  status  neces-
   23  sary  to  ensure  patient  safety,  shall mean those hours AND HOME CARE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02370-01-3
       A. 1632                             2

    1  VISITS a nurse has agreed to work and  is  normally  scheduled  to  work
    2  pursuant  to  the  budgeted  hours AND HOME CARE VISITS allocated to the
    3  nurse's position by the health care employer; and if no such  allocation
    4  system  exists,  some  other  measure  generally used by the health care
    5  employer to determine when an employee is minimally  supposed  to  work,
    6  consistent  with the collective bargaining agreement, if any. Nothing in
    7  this section shall be construed to permit an  employer  to  use  on-call
    8  time as a substitute for mandatory overtime.
    9    2.  a.  Notwithstanding  any  other  provision  of  law no health care
   10  employer shall require a nurse to work more than that nurse's  regularly
   11  scheduled work hours OR HOME CARE VISITS, except pursuant to subdivision
   12  three of this section.
   13    b.  Nothing  in  this  section shall prohibit a nurse from voluntarily
   14  working overtime.
   15    3. The limitations provided for in this section shall not apply in the
   16  case of:
   17    a. a health care disaster, such as a natural or other type of disaster
   18  that increases the need for health care personnel, unexpectedly  affect-
   19  ing the county in which the nurse is employed or in a contiguous county;
   20  or
   21    b.  a  federal,  state or county declaration of emergency in effect in
   22  the county in which the nurse is employed or in a contiguous county; or
   23    c. where a health care employer  determines  there  is  an  emergency,
   24  necessary  to  provide  safe patient care, in which case the health care
   25  provider shall, before requiring an on-duty employee to remain,  make  a
   26  good faith effort to have overtime covered on a voluntary basis, includ-
   27  ing,  but  not  limited  to, calling per diems, agency nurses, assigning
   28  floats, or requesting an additional day of work from off-duty employees,
   29  to the extent such staffing options exist.  For  the  purposes  of  this
   30  paragraph,  "emergency",  including an unanticipated staffing emergency,
   31  is defined as an unforeseen event that could not  be  prudently  planned
   32  for by an employer and does not regularly occur; or
   33    d.  an  ongoing  medical  or  surgical procedure in which the nurse is
   34  actively engaged and whose continued presence through the completion  of
   35  the procedure is needed to ensure the health and safety of the patient.
   36    3-A.  IN THE CASE OF A NURSE EMPLOYED BY AN EMPLOYER LICENSED PURSUANT
   37  TO ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH  LAW,  THE  TERM  'EMERGENCY'
   38  SHALL ALSO INCLUDE A SITUATION IN WHICH UNFORESEEN EVENTS MAKE IT NECES-
   39  SARY  FOR AN EMPLOYER TO REQUIRE A NURSE TO COMPLETE REGULARLY SCHEDULED
   40  HOME CARE VISITS IN CIRCUMSTANCES WHERE THE LOCATION  OF  THE  PRE-SCHE-
   41  DULED  VISITS  AND  LACK  OF OTHER STAFFING OPTIONS FOR COVERAGE MAKE IT
   42  IMPRACTICAL TO RESCHEDULE THE VISIT OR TO PROVIDE ALTERNATIVE COVERAGE.
   43    4. The provisions of this section are intended as a  remedial  measure
   44  to  protect the public health and the quality of patient care, and shall
   45  not be construed to diminish or waive any rights of any  nurse  pursuant
   46  to any other law, regulation, or collective bargaining agreement.
   47    S  2.  Section 6510-e of the education law, as added by chapter 493 of
   48  the laws of 2008, is amended to read as follows:
   49    S 6510-e. Nurses' refusal of overtime work. The refusal of a  licensed
   50  practical  nurse  or a registered professional nurse to work beyond said
   51  nurse's regularly scheduled HOME CARE VISITS OR hours of work shall  not
   52  solely  constitute  patient  abandonment  or  neglect  except  under the
   53  circumstances provided  for  under  subdivision  three  of  section  one
   54  hundred sixty-seven of the labor law.
   55    S  3.  This  act shall take effect on the ninetieth day after it shall
   56  have become a law.
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