Quoted from http://www.ny.gov/governor/press/press_0815082_print.html:
FOR IMMEDIATE RELEASE:
August 15, 2008GOVERNOR PATERSON SIGNS LAW ON MANDATORY OVERTIME IN HOSPITALS AND OTHER HEALTH CARE FACILITIES
New Law Will Enhance Patient Care; Aid in Increasing Nurse RecruitmentGovernor David A. Paterson this week signed legislation to ban mandatory overtime for nurses in hospitals and other health care facilities, including those operated by the State. This important law will significantly decrease the risk of serious, preventable medical errors brought upon by fatigued and overworked nurses.
“By prohibiting mandatory overtime, New York State’s hospitals and health care facilities will be able to provide a greater quality of care to its patients,” said Governor Paterson. “Additionally, this legislation will allow our facilities to retain and recruit a vital nursing workforce, which is necessary to maintain the high standard of health care that New York provides.”
This new law will prohibit health care facilities from requiring nurses to work more than their regularly scheduled work hours, but does not place a specific cap on the number of hours that can be worked per day or week. The bill contains exceptions to the mandatory overtime prohibition for the following situations:
Tina Gerardi, RN, Chief Executive Officer of the New York State Nurses Association, said: “We have fought for this legislation for more than eight years. Our members across the State have told us that employer-mandated overtime is endangering their patients and their own health. This is a landmark measure for both patients and nurses.”
- Natural or other types of disasters that increase the need for nursing services,
- A federal, state or county declaration of emergency,
- A nurse engaged in an ongoing medical or surgical procedure,
- When necessary to provide safe patient care where no other alternative staffing is available; and
- A nurse voluntarily agrees to work overtime.
Denis Hughes, President of the New York State AFL-CIO, said: “Limiting mandatory overtime has always been about workplace fairness, safety and the well-being of nurses and the patients they treat. This legislation will ensure that patients are no longer cared for by overworked nurses, and it will allow these dedicated professionals to perform to the best of their ability. We are thankful for Governor Paterson's active role on this most important issue. And we are grateful to the Senate and Assembly for working together and agreeing on this vital legislation.”
While the entire nation faces a serious shortage of nurses, New York State is committed to reinvigorating its ongoing efforts to attract more nurses to the State's health care facilities, both public and private. This bill will aid in that effort by encouraging more nurses to enter and remain in settings involving direct patient care.
This law will take effect on July 1, 2009, in order to give health care employers, including state facilities, ample time to plan for implementation by increasing recruitment efforts and contracting for temporary services.
The first-year cost of the legislation – related to greater potential staffing investments that will be partially offset by lower overtime expenses – is expected to total $8 million in 2009-10. This fiscal impact has already been accounted for in the Division of the Budget’s state financial plan.
Even though the State is currently facing significant financial difficulties, Governor Paterson believes that we must still make critical investments such as this to protect the health, safety and lives of New Yorkers by prioritizing our spending on essential government functions.
Furthermore, over the next year, Governor Paterson will work with health care employers, nurses, labor unions and other stakeholders to craft a plan to ensure that this new law is implemented in a way that minimizes potential fiscal implications to the State.
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