Prohibits both public and private hospitals from forcing registered nurses to work overtime, except in cases of a publicly declared emergency.

A BILL FOR AN ACT

SECTION 1. The legislature finds that many registered 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.

Both registered nurses and hospitals are licensed and accountable to the public for providing quality health care to consumers. In keeping with the mandate to protect the public, the purpose of this Act is to prohibit all private and public hospitals from forcing registered nurses to work overtime, except in cases of a publicly declared emergency.

SECTION 2. Section 387-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately designated and to read as follows:

"Health care facility" means a health care facility licensed by the State or authorized to provide care within the State.

"Overtime" means the hours worked in excess of forty hours per week.

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

SECTION 3. Chapter 387, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§387 - Mandatory overtime prohibited. (a) A registered nurse who is employed to engage in the practice of nursing and who is working under an alternative workweek schedule shall not be required to work in excess of the workday hours provided in the alternative workweek schedule. A registered nurse who is employed to engage in the practice of nursing and who is not working under an alternative workweek schedule shall not be required to perform any work in excess of eight hours in a workday. A registered nurse who is employed to engage in the practice of nursing shall not be required to perform any work in excess of forty hours per week, regardless of whether they are working under an alternative workweek schedule.

(b) This section shall apply to a registered nurse who works for 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 did not result from a labor dispute in the health care industry.

(d) An employer may require a registered nurse to work overtime under subsection (c) only after the employer has made reasonable efforts to fill its staffing needs through alternative means, including:

(e) This section does not apply to a registered nurse who is exempt from overtime as an executive or administrative employee.

(f) Nothing in this section shall prohibit a registered nurse from voluntarily working overtime.

(g) The refusal of any registered nurse to accept overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the registered nurse. An employer shall not coerce a registered nurse into surrendering the nurse's rights under this section."

"§387 - Exceptions. The restrictions on overtime in section 387- shall not apply to the following categories of advanced practice registered nurses:

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.