HB 66 – AS AMENDED BY THE HOUSE
06Apr2005… 0725h
2005 SESSION
08/09
HOUSE BILL 66
AN ACT regulating mandatory overtime for nurses and assistants.
SPONSORS: Rep. Osborne, Merr 12; Rep. Sokol, Graf 9; Rep. French, Merr 5; Rep. Theberge, Coos 4; Rep. Pilliod, Belk 5; Sen. Larsen, Dist 15
COMMITTEE: Labor, Industrial and Rehabilitative Services
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Apr2005… 0725h
05-0190
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT regulating mandatory overtime for nurses and assistants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Regulating Mandatory Overtime for Nurses and Assistants. Amend RSA 275 by inserting after section 60 the following new subdivision:
Mandatory Overtime for Nurses and Assistants
275:61 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 public health emergency; or
(d) A nurse covered by a collective bargaining agreement containing provisions addressing the issue of mandatory overtime.
275:62 Special Agreement. Employers shall be exempted from the provisions of RSA 275:61 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.
275:63 Penalties. Any employer who willfully violates any provision of this subdivision shall be subject to a civil penalty under RSA 273:11-a.
2 Effective Date. This act shall take effect January 1, 2006.