HOUSE OF REPRESENTATIVES

H.B. NO.

806

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to work hours.

 

 

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

 


SECTION 1. Chapter 457, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"457-    Nurses; overtime limitations. (a) Except as provided in subsection (c), no nurse employed by a health care employer shall be required or coerced, directly or indirectly:

(1) To work beyond a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care employer;

(2) To work beyond eighty hours in a fourteen-day period; or

(3) To accept an assignment of overtime if, in the judgment of the nurse, the overtime would jeopardize patient or employee safety.

(b) Except as provided in subsection (c), after working a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care employer pursuant to subsection (a)(1), the nurse shall be allowed not less than ten consecutive hours of off-duty time immediately following the end of the shift.

(c) Subsection (a) shall not apply to:

(1) A nurse who is employed by a health care employer that provides services for a school, school district, or other educational institution, when the nurse is on duty for more than fourteen consecutive hours during an occasional special event, such as a field trip, that is sponsored by the employer;

(2) A nurse who voluntarily works overtime on an aircraft in use for medical transport; provided that the shift worked is allowable under rules adopted by the state board of nursing pursuant to chapter 91;

(3) A nurse on duty in overtime status because of an unforeseen emergency that could otherwise jeopardize patient safety; provided that as used in this paragraph, "unforeseen emergency" means an unusual, unpredictable, or unforeseen situation caused by an act of terrorism; outbreak of disease; natural disaster; or a declared national, state, or local emergency but shall not include a situation in which a health care employer has reasonable knowledge of increased patient volume or inadequate staffing because of some other cause, if that cause is foreseeable;

(4) A nurse who is fulfilling on-call time that is agreed upon by the nurse and a health care employer before it is scheduled;

(5) A nurse who voluntarily works overtime; provided that the work is consistent with professional standards and safe patient care and does not exceed fourteen consecutive hours;

(6) A nurse who voluntarily works beyond eighty hours in a fourteen-day period; provided that the nurse does not work more than fourteen consecutive hours without a ten-hour break and the work is consistent with professional standards and safe patient care;

(7) A nurse who agrees to work under a contract that requires the employer to provide full-time pay and benefits equivalent to the pay and benefits for a forty-hour workweek if the nurse works a weekend schedule of four eight-hour shifts, with not more than sixteen consecutive hours on duty without a break of at least eight hours; provided that as used in this paragraph, "weekend" means the period that begins Friday at 5:00 p.m. and ends Monday at 8:00 a.m.; or

(8) The first hour on overtime status when the health care employer is obtaining another nurse to work in place of the nurse in overtime status.

(d) The state board of nursing shall adopt rules pursuant to chapter 91 to implement this section.

(e) As used in this section, health care employer includes public and private health care organizations or entities."

SECTION 2. Chapter 457A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"457A-    Nurse aides; overtime limitations. (a) Except as provided in subsection (c), no nurse aide employed by a health care employer shall be required or coerced, directly or indirectly:

(1) To work beyond a predetermined and regularly scheduled shift that is agreed to by the nurse aide and the health care employer;

(2) To work beyond eighty hours in a fourteen-day period; or

(3) To accept an assignment of overtime if, in the judgment of the nurse aide, the overtime would jeopardize patient or employee safety.

(b) Except as provided in subsection (c), after working a predetermined and regularly scheduled shift that is agreed to by the nurse aide and the health care employer pursuant to subsection (a)(1), the nurse aide shall be allowed not less than ten consecutive hours of off-duty time immediately following the end of the shift.

(c) Subsection (a) shall not apply to:

(1) A nurse aide who is employed by a health care employer that provides services for a school, school district, or other educational institution, when the nurse aide is on duty for more than fourteen consecutive hours during an occasional special event, such as a field trip, that is sponsored by the employer;

(2) A nurse aide who voluntarily works overtime on an aircraft in use for medical transport; provided that the shift worked is allowable under rules adopted by the director of health pursuant to chapter 91;

(3) A nurse aide on duty in overtime status because of an unforeseen emergency that could otherwise jeopardize patient safety; provided that as used in this paragraph, "unforeseen emergency" means an unusual, unpredictable, or unforeseen situation caused by an act of terrorism; outbreak of disease; natural disaster; or a declared national, state, or local emergency but shall not include a situation in which a health care employer has reasonable knowledge of increased patient volume or inadequate staffing because of some other cause, if that cause is foreseeable;

(4) A nurse aide who is fulfilling on-call time that is agreed upon by the nurse aide and a health care employer before it is scheduled;

(5) A nurse aide who voluntarily works overtime; provided that the work is consistent with professional standards and safe patient care and does not exceed fourteen consecutive hours;

(6) A nurse aide who voluntarily works beyond eighty hours in a fourteen-day period; provided that the nurse aide does not work more than fourteen consecutive hours without a ten-hour break and the work is consistent with professional standards and safe patient care;

(7) A nurse aide who agrees to work under a contract that requires the employer to provide full-time pay and benefits equivalent to the pay and benefits for a forty-hour workweek if the nurse aide works a weekend schedule of four eight-hour shifts, with not more than sixteen consecutive hours on duty without a break of at least eight hours; provided that as used in this paragraph, "weekend" means the period that begins Friday at 5:00 p.m. and ends Monday at 8:00 a.m.; or

(8) The first hour on overtime status when the health care employer is obtaining another nurse aide to work in place of the nurse aide in overtime status.

(d) The director of health shall adopt rules pursuant to chapter 91 to implement this section.

(e) As used in this section, health care employer includes public and private health care organizations or entities."

SECTION 3. Chapter 466D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"466D-    Respiratory therapists; overtime limitations. (a) Except as provided in subsection (c), no respiratory therapist employed by a health care employer shall be required or coerced, directly or indirectly:

(1) To work beyond a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care employer;

(2) To work beyond eighty hours in a fourteen-day period; or

(3) To accept an assignment of overtime if, in the judgment of the nurse, the overtime would jeopardize patient or employee safety.

(b) Except as provided in subsection (c), after working a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care employer pursuant to subsection (a)(1), the respiratory therapist shall be allowed not less than ten consecutive hours of off-duty time immediately following the end of the shift.

(c) Subsection (a) shall not apply to:

(1) A respiratory therapist who is employed by a health care employer that provides services for a school, school district, or other educational institution, when the nurse is on duty for more than fourteen consecutive hours during an occasional special event, such as a field trip, that is sponsored by the employer;

(2) A respiratory therapist who voluntarily works overtime on an aircraft in use for medical transport; provided that the shift worked is allowable under rules adopted by the director of health pursuant to chapter 91;

(3) A respiratory therapist on duty in overtime status because of an unforeseen emergency that could otherwise jeopardize patient safety; provided that as used in this paragraph, "unforeseen emergency" means an unusual, unpredictable, or unforeseen situation caused by an act of terrorism; outbreak of disease; natural disaster; or a declared national, state, or local emergency but shall not include a situation in which a health care employer has reasonable knowledge of increased patient volume or inadequate staffing because of some other cause, if that cause is foreseeable;

(4) A respiratory therapist who is fulfilling on-call time that is agreed upon by the nurse and a health care employer before it is scheduled;

(5) A respiratory therapist who voluntarily works overtime; provided that the work is consistent with professional standards and safe patient care and does not exceed fourteen consecutive hours;

(6) A respiratory therapist who voluntarily works beyond eighty hours in a fourteen-day period; provided that the respiratory therapist does not work more than fourteen consecutive hours without a ten-hour break and the work is consistent with professional standards and safe patient care;

(7) A respiratory therapist who agrees to work under a contract that requires the employer to provide full-time pay and benefits equivalent to the pay and benefits for a forty-hour workweek if the respiratory therapist works a weekend schedule of four eight-hour shifts, with not more than sixteen consecutive hours on duty without a break of at least eight hours; provided that as used in this paragraph, "weekend" means the period that begins Friday at 5:00 p.m. and ends Monday at 8:00 a.m.; or

(8) The first hour on overtime status when the health care employer is obtaining another respiratory therapist to work in place of the respiratory therapist in overtime status.

(d) The director of health shall adopt rules pursuant to chapter 91 to implement this section.

(e) As used in this section, health care employer includes public and private health care organizations or entities."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2022.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Overtime Limitations; Nurses, Nurse Aids, Respiratory Therapists

 

Description:

Establishes overtime limitations for nurses, nurse aides, and respiratory therapists. Takes effect 1/1/2022.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.