Report Title:

Nurses; Overtime

Description:

Prohibits nurses from being required to work overtime. (HB392 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

392

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MANDATORY OVERTIME FOR NURSES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that many nurses across the State are forced to work an extra eight- to ten-hour shift when they are already exhausted. Not only does this impair their thinking and skill level, but this also compromises patient safety. A large number of hospitals use mandatory overtime to cover routine personnel shortages and threaten nurses who question this practice with the possibility of losing their jobs or their license under the pretext of patient abandonment.

The purpose of this Act is to prohibit all private and public hospitals from forcing nurses to work overtime, except in cases of a publicly declared emergency.

SECTION 2. Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"387- Mandatory overtime prohibited. (a) A nurse who is employed to engage in the practice of nursing shall not be required to work in excess of sixteen consecutive hours at a time. A nurse who is employed to engage in the practice of nursing shall be given a minimum of eight consecutive hours off after completing their work day.

(b) This section shall apply to a nurse who works for either a private or public employer.

(c) This section shall not apply when a federal, state, or county declaration of a state of emergency is in effect; provided that the state of emergency does not result from a labor dispute in the health care industry."

(d) Nothing in this section shall prohibit a nurse from voluntarily working overtime."

SECTION 3. Section 387-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Health care facility" means a health care facility issued a certificate of need by the State to provide care within the State.

"Overtime" means the hours worked in excess of eight hours per day or forty hours per week or in excess of the daily or weekly hours provided in an alternative work schedule.

"Nurse" means a person who is licensed as a registered nurse or licensed practical nurse under chapter 457 and who is involved in direct patient care or clinical services."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2006.