181.275 REGULATING NURSES' OVERTIME.
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
, and includes nurses
employed by the state of Minnesota; 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.
Subd. 2. Prohibited actions.
Except as provided in subdivision 3, a hospital or other entity
licensed under sections
, 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.
Subd. 2a. State nurses.
Subdivision 2 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.
Subd. 2b. Department of Corrections nurses.
This section does not apply to nurses
employed by the state at a facility operated by the Department of Corrections. This subdivision
expires July 1, 2008.
Subd. 2c. Collective bargaining rights.
This section does not diminish or impair the rights
of a person under any collective bargaining agreement.
Subd. 3. Emergency.
Notwithstanding subdivision 2, a nurse may be scheduled for duty or
required to continue on duty for more than one normal work period in an emergency.
Subd. 4. Exception.
does not apply to violations of this section.
History: 2002 c 272 s 3; 2005 c 56 s 1; 2007 c 46 s 2-5