Vote Smart's Synopsis:

Vote to pass a bill that prohibits mandatory overtime work for nurses as a condition of employment.

Highlights:

• Classifies "overtime" as an amount of time that is worked in excess of the shift of a registered nurse or licensed practical nurse and to which both of the following apply (Sec. 3727.58.A):

• The nurse first receives notice during the shift that the nurse will be required to work in excess of the shift; and

• The excess work must be performed immediately after the nurse's shift is scheduled to end.

• Prohibits a hospital from mandating a registered nurse or licensed practical nurse employed by the hospital to work overtime as a condition of continued employment with the hospital (Sec. 3727.58.B-1).

• Establishes actions by a hospital that constitute violations include both of the following (Sec. 3727.58.B-2):

• Terminating or proposing to terminate the employment of a registered nurse or licensed practical nurse with the hospital solely because the nurse chooses not to work overtime; and

• Taking or proposing to take disciplinary or retaliatory action against a registered nurse or licensed practical nurse solely because the nurse chooses not to work overtime.

• Specifies this law does not prohibit any of the following (Sec. (Sec. 3727.58.C):

• A registered nurse or licensed practical nurse from voluntarily working overtime;

• A hospital from offering overtime to a registered nurse or licensed practical nurse or permitting a registered nurse or licensed practical nurse to work overtime when the nurse chooses;

• A hospital from maintaining a predetermined schedule under which a registered nurse or licensed practical nurse is in on-call status or from causing a registered nurse or licensed practical nurse to be summoned to work while in on-call status;

• A hospital from requesting or scheduling a registered nurse or licensed practical nurse to work overtime if any of the following is the case:

• A health care disaster, such as a natural or other disaster that increases the need for health care personnel, unexpectedly affects the hospital's service area.

• A federal, state, or county declaration of emergency is in effect in the hospital's service area.

• There is an emergency, unforeseen event, or influx of patients and all of the following apply to the emergency, unforeseen event, or influx of patients:

• It results in patient care needs beyond reasonable, predictable levels;

• It increases the need for health care personnel at the hospital to provide safe patient care; and

• It could not reasonably be anticipated by the hospital; and

• The nurse is actively engaged in ongoing medical treatment or a surgical procedure and the continued presence of the nurse through the completion of the medical treatment or procedure is necessary to ensure the health and safety of the patient.

Full Bill Text