PRINTER'S NO. 1246
No. 989 Session of 2001
INTRODUCED BY M. WHITE, D. WHITE, STACK, LAVALLE, COSTA, PUNT,
TOMLINSON, STOUT, O'PAKE, KITCHEN, MELLOW, MADIGAN, BELL,
KUKOVICH, ERICKSON, ORIE, SCHWARTZ AND LEMMOND, JUNE 20, 2001
REFERRED TO LABOR AND INDUSTRY, JUNE 20, 2001
AN ACT
1 Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
2 amended, "An act relating to the practice of professional
3 nursing; providing for the licensing of nurses and for the
4 revocation and suspension of such licenses, subject to
5 appeal, and for their reinstatement; providing for the
6 renewal of such licenses; regulating nursing in general;
7 prescribing penalties and repealing certain laws," providing
8 for prohibition against mandatory overtime.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of May 22, 1951 (P.L.317, No.69), known
12 as The Professional Nursing Law, is amended by adding a section
13 to read:
14 Section 15.6. Prohibition Against Mandatory Overtime.--(a)
15 Only individuals are capable of determining their capacity to
16 work beyond their predetermined, regular work schedule.
17 Notwithstanding any provision of the law to the contrary, no
18 health care facility shall require a nurse in a health care
19 facility to accept work in excess of an agreed upon,
20 predetermined, regularly scheduled full-time or part-time work
1 schedule, as determined by contract, established work scheduling
2 practices, policies or procedures.
3 (b) The acceptance by any nurse of such work in excess of an
4 agreed upon, predetermined regularly scheduled full-time or
5 part-time work schedule, as determined by contract, established
6 work scheduling practices, policies or procedures shall be
7 strictly voluntary and the refusal of any nurse to accept such
8 overtime work shall not be grounds for discrimination,
9 dismissal, discharge, licensure discipline or any other penalty,
10 threats of reports for discipline or employment decision adverse
11 to the nurse. Abandonment of a patient does not pertain to
12 situations in which a professional rejects any assignment that
13 places a patient or the nurse in immediate jeopardy.
14 (c) The provisions of this section shall not apply in the
15 case of an emergency health crisis, and then overtime is
16 required only as a last result.
17 (d) Any employer who violates the provisions of this section
18 shall be subject to the sanctions provided by law for violations
19 of the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29
20 U.S.C. § 201 et seq.). If there are three (3) or more violations
21 of this section per health care facility within a calendar year,
22 the fines shall treble for the fourth and subsequent violations.
23 If any health care facility has seven (7) or more violations,
24 such facility shall be investigated by the Department of Health
25 and if the investigators find an ongoing pattern of deliberate
26 violations of this section, the health care facility license may
27 be suspended or revoked. If a health care facility is found to
28 deliberately violate the provisions of this section, a notice of
29 the violation will be published in the Pennsylvania Bulletin, to
30 include the name of the institution, dates of violation and the
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1 method of remedy provided to the nurse.
2 (e) Nothing in this section mandates or compels a nurse to
3 work in excess of an agreed upon, predetermined, regularly
4 scheduled full-time or part-time work week as determined by
5 contract or established work scheduling practices, policies or
6 procedures or accept a mandatory overtime assignment unless
7 there is an emergency health care crisis or government-declared
8 state of emergency.
9 (f) As used in this section, the following words and phrases
10 shall have the meanings given to them in this subsection:
11 "Emergency health crisis" means any unforeseen declared
12 national, State or municipal emergency or a disaster or other
13 catastrophic event which substantially affects or increases the
14 need for health care services.
15 "Employer" means an individual, partnership, association,
16 corporation or person or group of persons acting directly or
17 indirectly in the interest of a health care facility. The term
18 shall include all State institutions, subdivisions of, and all
19 private entities who contract with the State.
20 "Health care facility" means a health care facility licensed
21 by the State or authorized to provide care within the State.
22 "Nurse" means a nonsupervisory individual employed by a
23 health care facility who is involved in direct patient care
24 activities or clinical services or who is represented for
25 collective bargaining purposes. The term shall include all
26 registered nurses who fall in this category and all per diem
27 employees.
28 "Overtime" means the hours worked in excess of an agreed
29 upon, predetermined, regularly scheduled full-time or part-time
30 work schedule, as determined by contract, established work
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1 scheduling practices, policies or procedures.
2 "Patient abandonment" means abandoning or neglecting a
3 patient or client under and in need of immediate professional
4 care, without making reasonable arrangements for the
5 continuation of such care, or abandoning a position within a
6 group practice, hospital, clinic or other health care facility,
7 without reasonable notice and under circumstances which
8 seriously impair the delivery of professional care to patients
9 and clients.
10 "Work week" means an agreed upon, predetermined, regularly
11 scheduled full-time or part-time work week, with hours which do
12 not exceed a twelve (12) hour shift or shifts as defined by
13 established work scheduling practices, employment policies or
14 procedures or collective bargaining agreements.
15 Section 2. This act shall take effect immediately.
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