Texas enacts law prohibiting nurses from working mandatory overtime
New law is enacted in Texas effective September 1, 2009, that will prohibit hospitals from requiring registered and vocational nurses to work mandatory overtime, with certain exceptions. This law, which takes effect on September 1, 2009, will also prohibit hospitals from using on-call time as a substitute for mandatory overtime. The law does or will not prohibit nurses from volunteering to work overtime. Exceptions include emergencies such as a health care disaster; a federal, state or county declaration of emergency; an emergency or unforeseen event that does not regularly occur, increases the need for health care personnel at the hospital to provide safe patient care, and could not prudently be anticipated by the hospital; or in situations where the nurse is actively engaged in an ongoing medical or surgical procedure that would require the nurse to be present until the procedure is completed to ensure the health and safety of the patient. Hospitals, in determining an exception exists, must, to the extent possible, make a good faith effort to meet staffing needs through voluntary overtime, including calling per diems and agency nurses, assigning floats, or requesting an additional day of work from off-work employees. Employers are prohibited from suspending, terminating, or otherwise disciplining or discriminating against a nurse who refuses to work mandatory overtime(Texas S.B. 476, L. 2009).
Reprinted with permission. © CCH
(Submitted June 29, 2009)
<p>Texas enacts law prohibiting nurses from working mandatory overtime  New law is enacted in Texas effective September 1, 2009, that will prohibit hospitals from requiring registered and vocational nurses to work mandatory overtime, with certain exceptions. This law, which takes</p>
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