Bill Text: HI HB806 | 2022 | Regular Session | Introduced
Bill Title: Relating To Work Hours.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB806 Detail]
Download: Hawaii-2022-HB806-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
806 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to work hours.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 457, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§457- Nurses;
overtime limitations. (a) Except
as provided in subsection (c), no nurse employed by a health care employer shall
be required or coerced, directly or indirectly:
(1) To work beyond
a predetermined and regularly scheduled shift that is agreed to by the nurse
and the health care employer;
(2) To work beyond eighty
hours in a fourteen-day period; or
(3) To accept an
assignment of overtime if, in the judgment of the nurse, the overtime would
jeopardize patient or employee safety.
(b)
Except as provided in subsection (c), after working a predetermined and
regularly scheduled shift that is agreed to by the nurse and the health care employer
pursuant to subsection (a)(1), the nurse shall be allowed not less than ten
consecutive hours of off-duty time immediately following the end of the shift.
(c) Subsection
(a) shall not apply to:
(1) A nurse who is
employed by a health care employer that provides services for a school, school
district, or other educational institution, when the nurse is on duty for more
than fourteen consecutive hours during an occasional special event, such as a
field trip, that is sponsored by the employer;
(2) A nurse who voluntarily
works overtime on an aircraft in use for medical transport; provided that the
shift worked is allowable under rules adopted by the state board of nursing pursuant
to chapter 91;
(3) A nurse on duty
in overtime status because of an unforeseen emergency that could otherwise
jeopardize patient safety; provided that as used in this paragraph, "unforeseen
emergency" means an unusual, unpredictable, or unforeseen situation caused
by an act of terrorism; outbreak of disease; natural disaster; or a declared national,
state, or local emergency but shall not include a situation in which a health
care employer has reasonable knowledge of increased patient volume or inadequate
staffing because of some other cause, if that cause is foreseeable;
(4) A nurse who is fulfilling
on-call time that is agreed upon by the nurse and a health care employer before
it is scheduled;
(5) A nurse who voluntarily
works overtime; provided that the work is consistent with professional
standards and safe patient care and does not exceed fourteen consecutive hours;
(6) A nurse who voluntarily
works beyond eighty hours in a fourteen-day period; provided that the nurse
does not work more than fourteen consecutive hours without a ten-hour break and
the work is consistent with professional standards and safe patient care;
(7) A nurse who
agrees to work under a contract that requires the employer to provide full-time
pay and benefits equivalent to the pay and benefits for a forty-hour workweek
if the nurse works a weekend schedule of four eight-hour shifts, with not more
than sixteen consecutive hours on duty without a break of at least eight hours;
provided that as used in this paragraph, "weekend" means the period
that begins Friday at 5:00 p.m. and ends Monday at 8:00 a.m.; or
(8) The first hour
on overtime status when the health care employer is obtaining another nurse to
work in place of the nurse in overtime status.
(d) The state board of nursing shall adopt rules pursuant
to chapter 91 to implement this section.
(e) As used in this section, health care employer includes public and private health care organizations or entities."
SECTION 2. Chapter 457A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§457A- Nurse
aides; overtime limitations. (a) Except
as provided in subsection (c), no nurse aide employed by a health care employer
shall be required or coerced, directly or indirectly:
(1) To work beyond
a predetermined and regularly scheduled shift that is agreed to by the nurse aide
and the health care employer;
(2) To work beyond eighty
hours in a fourteen-day period; or
(3) To accept an
assignment of overtime if, in the judgment of the nurse aide, the overtime
would jeopardize patient or employee safety.
(b)
Except as provided in subsection (c), after working a predetermined and
regularly scheduled shift that is agreed to by the nurse aide and the health
care employer pursuant to subsection (a)(1), the nurse aide shall be allowed not
less than ten consecutive hours of off-duty time immediately following the end
of the shift.
(c) Subsection
(a) shall not apply to:
(1) A nurse aide who
is employed by a health care employer that provides services for a school,
school district, or other educational institution, when the nurse aide is on
duty for more than fourteen consecutive hours during an occasional special
event, such as a field trip, that is sponsored by the employer;
(2) A nurse aide who
voluntarily works overtime on an aircraft in use for medical transport; provided
that the shift worked is allowable under rules adopted by the director of health
pursuant to chapter 91;
(3) A nurse aide on
duty in overtime status because of an unforeseen emergency that could otherwise
jeopardize patient safety; provided that as used in this paragraph, "unforeseen
emergency" means an unusual, unpredictable, or unforeseen situation caused
by an act of terrorism; outbreak of disease; natural disaster; or a declared national,
state, or local emergency but shall not include a situation in which a health
care employer has reasonable knowledge of increased patient volume or inadequate
staffing because of some other cause, if that cause is foreseeable;
(4) A nurse aide who
is fulfilling on-call time that is agreed upon by the nurse aide and a health care
employer before it is scheduled;
(5) A nurse aide who
voluntarily works overtime; provided that the work is consistent with
professional standards and safe patient care and does not exceed fourteen consecutive
hours;
(6) A nurse aide who
voluntarily works beyond eighty hours in a fourteen-day period; provided that the
nurse aide does not work more than fourteen consecutive hours without a ten-hour
break and the work is consistent with professional standards and safe patient
care;
(7) A nurse aide who
agrees to work under a contract that requires the employer to provide full-time
pay and benefits equivalent to the pay and benefits for a forty-hour workweek
if the nurse aide works a weekend schedule of four eight-hour shifts, with not
more than sixteen consecutive hours on duty without a break of at least eight hours;
provided that as used in this paragraph, "weekend" means the period
that begins Friday at 5:00 p.m. and ends Monday at 8:00 a.m.; or
(8) The first hour
on overtime status when the health care employer is obtaining another nurse aide
to work in place of the nurse aide in overtime status.
(d) The director of health shall adopt rules pursuant
to chapter 91 to implement this section.
(e) As used in this section, health care employer includes public and private
health care organizations or entities."
SECTION 3. Chapter 466D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§466D- Respiratory
therapists; overtime limitations. (a) Except as provided in subsection (c), no respiratory
therapist employed by a health care employer shall be required or coerced, directly
or indirectly:
(1) To work beyond
a predetermined and regularly scheduled shift that is agreed to by the nurse
and the health care employer;
(2) To work beyond eighty
hours in a fourteen-day period; or
(3) To accept an
assignment of overtime if, in the judgment of the nurse, the overtime would
jeopardize patient or employee safety.
(b)
Except as provided in subsection (c), after working a predetermined and
regularly scheduled shift that is agreed to by the nurse and the health care employer
pursuant to subsection (a)(1), the respiratory therapist shall be allowed not
less than ten consecutive hours of off-duty time immediately following the end
of the shift.
(c) Subsection
(a) shall not apply to:
(1) A respiratory therapist
who is employed by a health care employer that provides services for a school,
school district, or other educational institution, when the nurse is on duty
for more than fourteen consecutive hours during an occasional special event,
such as a field trip, that is sponsored by the employer;
(2) A respiratory therapist
who voluntarily works overtime on an aircraft in use for medical transport; provided
that the shift worked is allowable under rules adopted by the director of health
pursuant to chapter 91;
(3) A respiratory therapist
on duty in overtime status because of an unforeseen emergency that could otherwise
jeopardize patient safety; provided that as used in this paragraph, "unforeseen
emergency" means an unusual, unpredictable, or unforeseen situation caused
by an act of terrorism; outbreak of disease; natural disaster; or a declared national,
state, or local emergency but shall not include a situation in which a health
care employer has reasonable knowledge of increased patient volume or inadequate
staffing because of some other cause, if that cause is foreseeable;
(4) A respiratory therapist
who is fulfilling on-call time that is agreed upon by the nurse and a health
care employer before it is scheduled;
(5) A respiratory therapist
who voluntarily works overtime; provided that the work is consistent with
professional standards and safe patient care and does not exceed fourteen consecutive
hours;
(6) A respiratory therapist
who voluntarily works beyond eighty hours in a fourteen-day period; provided that
the respiratory therapist does not work more than fourteen consecutive hours
without a ten-hour break and the work is consistent with professional standards
and safe patient care;
(7) A respiratory therapist
who agrees to work under a contract that requires the employer to provide
full-time pay and benefits equivalent to the pay and benefits for a forty-hour
workweek if the respiratory therapist works a weekend schedule of four
eight-hour shifts, with not more than sixteen consecutive hours on duty without
a break of at least eight hours; provided that as used in this paragraph, "weekend"
means the period that begins Friday at 5:00 p.m. and ends Monday at 8:00 a.m.; or
(8) The first hour
on overtime status when the health care employer is obtaining another respiratory
therapist to work in place of the respiratory therapist in overtime status.
(d) The director of health shall adopt rules pursuant
to chapter 91 to implement this section.
(e) As used in this section, health care employer includes public and private
health care organizations or entities."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2022.
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INTRODUCED BY: |
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Report Title:
Overtime Limitations; Nurses, Nurse Aids, Respiratory Therapists
Description:
Establishes overtime limitations for nurses, nurse aides, and respiratory therapists. Takes effect 1/1/2022.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
