New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00181 Summary:

A00181 Actions:

A00181 Committee Votes:

Committee:LABOR   Chair:Joyner      
DATE:05/24/2021AYE/NAY:28/0  Action: Favorable refer to committee Rules        
Joyner
Aye
Brabenec
Aye
Abbate
Aye
DiPietro
Aye
Perry
Aye
Byrne
Aye
Colton
Aye
Morinello
Aye
Benedetto
Aye
DeStefano
Aye
Hevesi
Aye
Schmitt
Aye
Bronson
Aye
Durso
Aye
Rodriguez
Aye
Giglio
Aye
Rozic
Aye
Simon
Aye
Steck
Aye
Barnwell
Aye
Richardson
Aye
Rosenthal
Aye
Cruz
Aye
Reyes
Excused
De La Rosa
Aye
Ramos
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye

Committee:RULES   Chair:Heastie      
DATE:06/01/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A00181 Floor Votes:

A00181 Text:

 
                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.