Prohibits all health care facilities from forcing nurses to work overtime, except in the case of a federal, state, county, or health care facility declared state of emergency. Excludes nurse midwives and nurse anesthetists from mandatory overtime requirements. (SD1)

A BILL FOR AN ACT

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 health care facilities 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 nurses and health care facilities are licensed and accountable to the public for providing quality health care to consumers. As such, the legislature further finds that there are, however, times when mandatory overtime is necessary, including when a state of emergency exists on the federal, state, or county level. Additionally, as recent events have evinced, a state of emergency may also exist within a particular health care facility, including the occurrence of a power failure or unforeseen circumstances that may prevent nurses from showing up for work, such as traffic accidents or natural disasters. In keeping with the mandate to protect the public, the purpose of this Act is to prohibit all health care facilities from forcing nurses to work overtime, except in cases of publicly or health care facility declared states of emergency.

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

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

(c) This section shall not apply:

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

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

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

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

(h) Any requirement contained in a contract, agreement, or understanding executed after July 1, 2005, that a nurse of a health care facility perform overtime work, except in the case of a federal, state, or county declaration of a state of emergency, shall be void.

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

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 licensed by the State or authorized to provide care within the State.

"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.

"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 workweek schedule." SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.