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Sponsors
2 Co-sponsors
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the hours worked by nurses
In Assembly Committee · Labor · Sponsor Aileen Gunther
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5154
Title of bill
An act to amend the labor law and the education law, in relation to the hours worked by nurses
Purpose
To restrict consecutive hours of required work by nurses in the home care setting except in emergencies; does not prohibit a nurse from voluntarily working overtime.
Summary of specific provisions
§1 of the bill amends section 167 of the labor law to add a facility licensed or operated pursuant to article thirty six of the public health law to the definition of Employer. Adds Regularly scheduled home care visits to the definition of Regularly scheduled work Hours. Adds Home Care visits to the existing law that no health care employer shall require a nurse to work more than that nurse's regularly scheduled work hours or home care visits.
Adds a new paragraph 3-a to define the term "emergency" in the article thirty-six (Homecare) setting to also include a situation in which unforeseen events make it necessary for an employer to require a nurse to complete regularly scheduled home care visits in circumstances where the location of the pre-scheduled visits and lack of other staffing options for coverage make it impractical to reschedule the visit or to provide alternative coverage.
§2 of the bill amends section 6510-e of the education law to include home care visits to the terminology.
§3 is the effective date which shall take effect on the same date and in the same manner as section 3 of the chapter 493 of the laws of 2008 takes effect.
Justification
Homecare nurses work in a demanding, stressful environment where proper decision making is a critical function of the job. In 2008, legislation to limiting consecutive hours of work by nurses in other settings was passed and signed into law. That legislation did not include homecare settings (article thirty-six). Through consultation with the home care industry this language was developed to limit the consecutive hours of work by nurses in the home care setting. Understaffing has resulted in nurses working longer hours caring for sicker, more needy patients, and, in greater need of suitable rest unscheduled mandatory overtime is an unfair, additional burden placed on a workforce, primarily female, with their own family and child care responsibilities to address. This bill would not prohibit voluntary overtime assignment, but would allow nurses to take care of their own family needs, and their own rest needs, without concerns for charges of patient abandonment or patient neglect. This bill is intended to improve the health care environment for patients, and the working environment for nurses and their families.
Prior legislative history
New Bill.
Fiscal implications
The use of overtime to address staffing needs has resulted in increased overtime costs. This bill should result in additional new hires at more favorable rates.
Effective date
Shall take effect on the ninetieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.