06/06/07 2054s

2007 SESSION

07-0309

10/04

HOUSE BILL 797

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill regulates mandatory overtime for nurses and assistants and provides civil penalties.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/06/07 2054s

07-0309

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

Be it Enacted by the Senate and House of Representatives in General Court convened:

353:1 New Subdivision; Regulating Mandatory Overtime for Nurses and Assistants. Amend RSA 275 by inserting after section 66 the following new subdivision:

Mandatory Overtime for Nurses and Assistants

275:67 Prohibited Overtime.

I. A registered nurse, licensed practical nurse, or a licensed nursing assistant licensed under RSA 326-B shall not be disciplined, or lose any right, benefit, or privilege for refusing to work more than 12 consecutive hours, except as provided in paragraph II. A nurse may be disciplined for refusing mandatory overtime in a case when overtime is required under paragraph II. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this subdivision, shall be allowed at least 8 consecutive hours of off-duty time immediately following the worked overtime.

II. The prohibition against mandatory overtime shall not apply to:

(a) A nurse participating in surgery, until the surgery is completed;

(b) A nurse working in a critical care unit, until another employee beginning a scheduled work shift relieves him or her;

(c) A nurse working in a home health care setting, until another qualified nurse or customary caregiver relieves him or her;

(d) A public health emergency; or

(e) A nurse covered by a collective bargaining agreement containing provisions addressing the issue of mandatory overtime.

275:68 Special Agreement. Employers shall be exempted from the provisions of RSA 275:67 by written agreement between the employer and employee, made without coercion or pressure, provided the agreement is submitted to the commissioner of the department of labor. The agreement may be terminated by the employee by written notice to the employer and the commissioner of the department of labor. Said termination shall be effective 14 days after notice is provided.

275:69 Penalties. Any employer who willfully violates any provision of this subdivision shall be subject to a civil penalty under RSA 273:11-a.

353:2 Effective Date. This act shall take effect January 1, 2008.

Approved: July 17, 2007

Effective: January 1, 2008