SENATE BILL NO. 296
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 21526.
the people of the state of michigan enact:
Sec. 21526. (1) Except as otherwise provided in subsection (3), a hospital shall not require a registered professional nurse to work more than any of the following:
(a) The registered professional nurse's regularly scheduled hours according to the registered professional nurse's predetermined work schedule.
(b) The hours for which the registered professional nurse is considered to be on call or is called into work as a result of being on call.
(c) The hours for which the registered professional nurse has voluntarily agreed to work that exceed the hours described in subdivisions (a) and (b).
(2) If a registered professional nurse works 12 or more consecutive hours for a hospital, the hospital shall provide the registered professional nurse with 8 consecutive hours of off-duty time immediately after the registered professional nurse completes that shift.
(3) Subsection (1) does not apply under any of the following circumstances:
(a) During a declared state of emergency or a mass casualty incident.
(b) If a registered professional nurse is assisting with a patient-care procedure that extends beyond the registered professional nurse's regularly scheduled hours according to the registered professional nurse's predetermined work schedule and the registered professional nurse's immediate supervisor, other than a charge nurse, determines that the absence of the registered professional nurse during the patient-care procedure could have an adverse effect on the patient.
(c) During the first 4 weeks immediately following the initial declaration of a public health emergency under 42 USC 247d, if the public health emergency is expected to significantly increase the rate of patient hospitalization in this state.
(d) For 2 consecutive hours immediately following the end of a registered professional nurse's regularly scheduled shift in a hospital other than a hospital described in subdivision (e) if all of the following are met:
(i) The registered professional nurse cannot be relieved due to the unexpected absence of the oncoming registered professional nurse who is intended to relieve the registered professional nurse.
(ii) The unexpected absence described in subparagraph (i) was discovered at or within 1 hour before the commencement of the oncoming scheduled shift.
(iii) The unexpected absence described in subparagraph (i) could not have been prudently planned for by the hospital and it could significantly impact patient safety.
(e) For 4 consecutive hours immediately following the end of a registered professional nurse's regularly scheduled shift in a hospital meeting the requirements described in section 110a(4)(b) of the social welfare act, 1939 PA 280, MCL 400.110a, if all of the following are met:
(i) The registered professional nurse cannot be relieved due to the unexpected absence of the oncoming registered professional nurse who is intended to relieve the registered professional nurse.
(ii) The unexpected absence described in subparagraph (i) was discovered at or within 1 hour before the commencement of the oncoming scheduled shift.
(iii) The unexpected absence described in subparagraph (i) could not have been prudently planned for by the hospital and it could significantly impact patient safety.
(4) A hospital shall not discharge or discipline, threaten to discharge or discipline, or otherwise discriminate against a registered professional nurse who is an employee of the hospital regarding the registered professional nurse's compensation, terms, conditions, assignment, or privileges of employment because the registered professional nurse refuses to accept a work assignment that causes the registered professional nurse's hours to exceed the hours described in subsection (1).
(5) A hospital shall post a notice that informs registered professional nurses who are employed by the hospital of this section and how to file a complaint with the department for a suspected violation of this section. The hospital shall post the notice described in this subsection in 1 or more conspicuous places where notices to employees of the hospital are customarily posted and, if the hospital uses an intranet site to communicate with its employees, on the hospital's intranet site.
(6) A hospital that violates this section is subject to the administrative sanctions prescribed in section 20165.
(7) If a collective bargaining agreement is in effect for employees of a hospital as of the effective date of the amendatory act that added this section and if that collective bargaining agreement prevents compliance with this section, then this section does not apply until after the expiration of that collective bargaining agreement.
(8) As used in this section:
(a) "Declared state of emergency" means an emergency that is declared by a person authorized by the federal government, a local government, or this state and that is related to a circumstance that is unpredictable or unavoidable, affects the delivery of medical care, and requires an immediate or exceptional level of emergency or other medical services at the hospital. Declared state of emergency does not include a public health emergency described in subsection (3)(c) or an emergency that results from a labor dispute in the health care industry or consistent understaffing in the hospital.
(b) "Mass casualty incident" means an event with a number of casualties that vastly exceeds the hospital's resources and capabilities and that occurs in a short and defined period of time.
(c) "Registered professional nurse" means that term as defined in section 17201.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 297 of the 103rd Legislature is enacted into law.