What's happening
This bill adds certified nursing assistants to the law restricting consecutive work hours for nurses in New York.
Why it matters
Expands protections against excessive work hours. By including certified nursing assistants (CNAs) in the law that limits consecutive work hours, the bill aims to reduce overwork and fatigue for a broader segment of frontline healthcare workers, not just registered and licensed practical nurses.
Potentially improves patient care and safety. Limiting consecutive hours for CNAs can help ensure that these essential caregivers are better rested, which may decrease the likelihood of errors and enhance the quality of care provided in hospitals and long-term care facilities.
Addresses workforce equity and retention. CNAs often perform demanding, hands-on patient care but have historically received fewer workplace protections than other nursing staff. Including them in this law could help address disparities, improve job satisfaction, and potentially reduce turnover rates in a field known for high burnout.
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Who cares
Certified nursing assistants
The bill would extend Labor Law restrictions on consecutive hours of work to them by including them in the definition of “nurse.”
Employers of certified nursing assistants
They would need to account for the expanded coverage of consecutive-work-hour restrictions when scheduling covered staff.
New York State Department of Health
The bill would tie eligibility to completion of its nurse aide training or competency evaluation program, listing in the nurse aide registry, or both.
Headline styles
Limit CNA Consecutive Shifts
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- 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.
Limit CNA Overtime Hours
In Assembly Committee · Labor · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
965
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, FUNKE, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to including certified nursing assistants in provisions of law relating to restrictions on consecutive hours of work
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 1 of section 167 of the labor law, as added by chapter 493 of the laws of 2008, is amended and a new paragraph d is added to read as follows:
b. "Nurse" shall mean a registered professional nurse or a licensed practical nurse as defined by article one hundred thirty-nine of the education law who provides direct patient care, or a certified nursing assistant as defined in this subdivision.
d. "Certified nursing assistant" shall mean a person who has successfully completed a nurse aide training and/or competency evaluation program administered by the department of health and/or is currently listed in the nurse aide registry.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00477-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to including certified nurs- ing assistants in provisions of law relating to restrictions on consec- utive hours of work
Purpose
To include certified nursing assistants in provisions of law relating to restrictions on consecutive hours of work.
Summary of provisions
Section 1 adds certified nursing assistant to new paragraph d of subdi- vision 1 of section 167 of the labor law, as added by chapter 433 of the laws of 2008.
Justification
In 2008 legislation was chaptered that limited consecutive hours of work by registered nurses and licensed practical nurses. This bill would include mandatory overtime for certified nursing assistants also. CNAs work in a demanding, stressful environment where proper decision-making is part of the job. Under staffing has resulted in CNAs having to work longer hours caring for sicker, needier patients with very little rest. CNAs deserve to be included in the mandatory overtime statute the same as the RNs and LPNs so they can do their jobs to the best of their abil- ity without it affecting patient care.
Bill history
S.857/A.543 of 2017-2018: Referred to Labor Committee
S.4779/A.1836 of 2015-2016: Referred to Labor Committee
S.1054/A.1403 of 2013-2014: Referred to Labor Committee
S.159/A.1744 of 2011-2012: Committed to Rules
S.45208 of 2009-2010: Reported and Committed to Codes
Fiscal implications
The use of overtime to address staffing needs has resulted in increased overtime costs. This bill should result in additional new hires reducing the amount of overtime.
Effective date
The act shall take effect on the ninetieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.