HF 966

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; allowing the commissioner of labor and industry to issue orders
of compliance relating to overtime for nurses; amending Minnesota Statutes
2006, sections 177.27, subdivision 4; 181.275, subdivisions 1, 2; repealing
Minnesota Statutes 2006, section 181.275, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.35, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, new text begin 181.275, new text end and 181.79, or with
any rule promulgated under section 177.28. The department shall serve the order upon
the employer or the employer's authorized representative in person or by certified mail
at the employer's place of business. An employer who wishes to contest the order must
file written notice of objection to the order with the commissioner within 15 calendar
days after being served with the order. A contested case proceeding must then be held
in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 2.

Minnesota Statutes 2006, section 181.275, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them:

(1) "emergency" means a period when replacement staff are not able to report for
duty for the next shift or increased patient need, because of unusual, unpredictable,
or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease
outbreak, adverse weather conditions, or natural disasters which impact continuity of
patient care;

(2) "normal work period" means 12 or fewer consecutive hours consistent with a
predetermined work shift;

(3) "nurse" has the meaning given in section 148.171, subdivision 9 new text begin , and includes
nurses employed by the state of Minnesota new text end ; and

(4) "taking action against" means discharging; disciplining; threatening; reporting
to the Board of Nursing; discriminating against; or penalizing regarding compensation,
terms, conditions, location, or privileges of employment.

Sec. 3.

Minnesota Statutes 2006, section 181.275, subdivision 2, is amended to read:

Subd. 2.

Prohibited actions.

Except as provided in subdivision 3, a hospital or
other entity licensed under sections 144.50 to 144.58, and its agent, or other health care
facility licensed by the commissioner of health, and the facility's agent, is prohibited
from taking action against a nurse solely on the grounds that the nurse fails to accept an
assignment of additional consecutive hours at the facility in excess of a normal work
period, if the nurse declines to work additional hours because doing so may, in the nurse's
judgment, jeopardize patient safety. This subdivision does not apply to a nursing facility,
an intermediate care facility for persons with developmental disabilities, a licensed
boarding care facility, or a housing with services establishment. new text begin This subdivision applies
to a nurse employed by the state of Minnesota regardless of the type of facility in which
the nurse is employed and regardless of the facility's license, if the nurse is involved in
resident or patient care.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 181.275, subdivision 4, new text end new text begin is repealed.
new text end