HF 2993

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; regulating overtime for 
  1.3             nurses; providing reciprocity for nurses licensed in 
  1.4             certain states; amending Minnesota Statutes 2000, 
  1.5             section 148.211, by adding a subdivision; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 181. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 148.211, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 2a.  [LICENSE RECOGNITION FOR NURSES FROM BORDER 
  1.11  STATES; RECIPROCITY.] (a) The board shall recognize a nursing 
  1.12  license issued by Wisconsin, North Dakota, South Dakota, or Iowa 
  1.13  as valid to practice nursing in Minnesota, provided that the 
  1.14  licensure standards in those states remain substantially the 
  1.15  same as Minnesota licensure standards.  A nurse licensed in a 
  1.16  border state who wishes to practice nursing in Minnesota shall 
  1.17  notify the board of the nurse's intent to practice in Minnesota 
  1.18  and shall be subject to the laws and rules of Minnesota and the 
  1.19  regulatory authority of the board.  The board shall maintain a 
  1.20  list of the nurses practicing in Minnesota under this paragraph. 
  1.21     (b) The board shall actively seek reciprocity of nurse 
  1.22  licensure with Wisconsin, North Dakota, South Dakota, and Iowa 
  1.23  for Minnesota-licensed nurses who wish to practice in one or 
  1.24  more of those states.  The failure to secure reciprocity shall 
  1.25  not limit the board's recognition of nurse licenses from border 
  1.26  states. 
  2.1      Sec. 2.  [181.275] [REGULATING NURSES' OVERTIME.] 
  2.2      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  2.3   section, the following terms have the meanings given them: 
  2.4      (1) "emergency" means a period when replacement staff are 
  2.5   not able to report for duty for the next shift or increased 
  2.6   patient need, because of unusual, unpredictable, or unforeseen 
  2.7   circumstances such as, but not limited to, an act of terrorism, 
  2.8   a disease outbreak, adverse weather conditions, or natural 
  2.9   disasters which impact continuity of patient care; 
  2.10     (2) "normal work period" means 12 or fewer consecutive 
  2.11  hours consistent with a predetermined work shift; 
  2.12     (3) "nurse" has the meaning given in section 148.171, 
  2.13  subdivision 9; and 
  2.14     (4) "taking action against" means discharging; 
  2.15  disciplining; threatening; reporting to the board of nursing; 
  2.16  discriminating against; or penalizing regarding compensation, 
  2.17  terms, conditions, location, or privileges of employment. 
  2.18     Subd. 2.  [PROHIBITED ACTIONS.] Except as provided in 
  2.19  subdivision 3, a hospital or other entity licensed under 
  2.20  sections 144.50 to 144.58, and its agent, or another health care 
  2.21  facility licensed by the commissioner of health, and the 
  2.22  facility's agent, is prohibited from taking action against a 
  2.23  nurse solely on the grounds that the nurse fails to accept an 
  2.24  assignment of additional consecutive hours at the facility in 
  2.25  excess of a normal work period, if the nurse declines to work 
  2.26  additional hours because doing so may, in the nurse's judgment, 
  2.27  jeopardize patient safety.  This subdivision does not apply to a 
  2.28  nursing facility, an intermediate care facility for persons with 
  2.29  mental retardation, a licensed boarding care facility, or a 
  2.30  housing with services establishment. 
  2.31     Subd. 3.  [EMERGENCY.] Notwithstanding subdivision 2, a 
  2.32  nurse may be scheduled for duty or required to continue on duty 
  2.33  for more than one normal work period in an emergency. 
  2.34     Subd. 4.  [EXCEPTION.] Section 645.241 does not apply to 
  2.35  violations of this section.