Includes home care services in certain requirements regarding restrictions on consecutive hours of work for nurses, and regarding nurses' refusal of overtime work.
STATE OF NEW YORK
________________________________________________________________________
181--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. GUNTHER, COLTON, PERRY, ENGLEBRIGHT, STECK, COOK,
ABINANTI, BARRON -- Multi-Sponsored by -- M. of A. GOTTFRIED, HEVESI,
McDONOUGH, RA -- read once and referred to the Committee on Labor --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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. Subdivision 1 of section 167 of the labor law, as added by
2 chapter 493 of the laws of 2008, is amended to read as follows:
3 1. When used in this section:
4 a. "Health care employer" shall mean any individual, partnership,
5 association, corporation, limited liability company or any person or
6 group of persons acting directly or indirectly on behalf of or in the
7 interest of the employer, which provides health care services (i) in a
8 facility licensed or operated pursuant to article twenty-eight and arti-
9 cle thirty-six of the public health law, including any facility operated
10 by the state, a political subdivision or a public corporation as defined
11 by section sixty-six of the general construction law, or (ii) in a
12 facility operated by the state, a political subdivision or a public
13 corporation as defined by section sixty-six of the general construction
14 law, operated or licensed pursuant to the mental hygiene law, the educa-
15 tion law or the correction law.
16 b. "Nurse" shall mean a registered professional nurse or a licensed
17 practical nurse as defined by article one hundred thirty-nine of the
18 education law who provides direct patient care.
19 c. "Regularly scheduled work hours", including regularly scheduled
20 home care visits, pre-scheduled on-call time and the time spent for the
21 purpose of communicating shift reports regarding patient status neces-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02742-04-1
A. 181--A 2
1 sary to ensure patient safety, shall mean those hours and home care
2 visits a nurse has agreed to work and is normally scheduled to work
3 pursuant to the budgeted hours and home care visits allocated to the
4 nurse's position by the health care employer; and if no such allocation
5 system exists, some other measure generally used by the health care
6 employer to determine when an employee is minimally supposed to work,
7 consistent with the collective bargaining agreement, if any. Nothing in
8 this section shall be construed to permit an employer to use on-call
9 time as a substitute for mandatory overtime.
10 § 2. Section 6510-e of the education law, as added by chapter 493 of
11 the laws of 2008, is amended to read as follows:
12 § 6510-e. Nurses' refusal of overtime work. The refusal of a licensed
13 practical nurse or a registered professional nurse to work beyond said
14 nurse's regularly scheduled hours of work, including regularly scheduled
15 home care visits, shall not solely constitute patient abandonment or
16 neglect except under the circumstances provided for under subdivision
17 three of section one hundred sixty-seven of the labor law.
18 § 3. This act shall take effect on the ninetieth day after it shall
19 have become a law.
