SF 3175

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; regulating overtime for certain nurses; amending
Minnesota Statutes 2004, section 181.275, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2004, 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. 2.

Minnesota Statutes 2004, 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 mental retardation, 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