State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-258-mandatory-overtime-for-nurses-prohibited
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 258. MANDATORY OVERTIME FOR NURSES PROHIBITED
Sec. 258.001. DEFINITIONS. In this chapter:
(1) "Hospital" means:
(A) a general hospital or special hospital, as those terms are
defined by Section 241.003, including a hospital maintained or
operated by this state; or
(B) a mental hospital licensed under Chapter 577.
(2) "Nurse" means a registered nurse or vocational nurse
licensed under Chapter 301, Occupations Code.
(3) "On-call time" means time spent by a nurse who is not
working but who is compensated for availability.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.002. MANDATORY OVERTIME. For purposes of this chapter,
"mandatory overtime" means a requirement that a nurse work hours
or days that are in addition to the hours or days scheduled,
regardless of the length of a scheduled shift or the number of
scheduled shifts each week. In determining whether work is
mandatory overtime, prescheduled on-call time or time immediately
before or after a scheduled shift necessary to document or
communicate patient status to ensure patient safety is not
included.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.003. PROHIBITION OF MANDATORY OVERTIME. (a) A
hospital may not require a nurse to work mandatory overtime, and
a nurse may refuse to work mandatory overtime.
(b) This section does not prohibit a nurse from volunteering to
work overtime.
(c) A hospital may not use on-call time as a substitute for
mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.004. EXCEPTIONS. (a) Section 258.003 does not apply
if:
(1) a health care disaster, such as a natural or other type of
disaster that increases the need for health care personnel,
unexpectedly affects the county in which the nurse is employed or
affects a contiguous county;
(2) a federal, state, or county declaration of emergency is in
effect in the county in which the nurse is employed or is in
effect in a contiguous county;
(3) there is an emergency or unforeseen event of a kind that:
(A) does not regularly occur;
(B) increases the need for health care personnel at the hospital
to provide safe patient care; and
(C) could not prudently be anticipated by the hospital; or
(4) the nurse is actively engaged in an ongoing medical or
surgical procedure and the continued presence of the nurse
through the completion of the procedure is necessary to ensure
the health and safety of the patient.
(b) If a hospital determines that an exception exists under
Subsection (a)(3), the hospital shall, to the extent possible,
make a good faith effort to meet the staffing need through
voluntary overtime, including calling per diems and agency
nurses, assigning floats, or requesting an additional day of work
from off-duty employees.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.005. RETALIATION PROHIBITED. A hospital may not
suspend, terminate, or otherwise discipline or discriminate
against a nurse who refuses to work mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-258-mandatory-overtime-for-nurses-prohibited
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 258. MANDATORY OVERTIME FOR NURSES PROHIBITED
Sec. 258.001. DEFINITIONS. In this chapter:
(1) "Hospital" means:
(A) a general hospital or special hospital, as those terms are
defined by Section 241.003, including a hospital maintained or
operated by this state; or
(B) a mental hospital licensed under Chapter 577.
(2) "Nurse" means a registered nurse or vocational nurse
licensed under Chapter 301, Occupations Code.
(3) "On-call time" means time spent by a nurse who is not
working but who is compensated for availability.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.002. MANDATORY OVERTIME. For purposes of this chapter,
"mandatory overtime" means a requirement that a nurse work hours
or days that are in addition to the hours or days scheduled,
regardless of the length of a scheduled shift or the number of
scheduled shifts each week. In determining whether work is
mandatory overtime, prescheduled on-call time or time immediately
before or after a scheduled shift necessary to document or
communicate patient status to ensure patient safety is not
included.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.003. PROHIBITION OF MANDATORY OVERTIME. (a) A
hospital may not require a nurse to work mandatory overtime, and
a nurse may refuse to work mandatory overtime.
(b) This section does not prohibit a nurse from volunteering to
work overtime.
(c) A hospital may not use on-call time as a substitute for
mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.004. EXCEPTIONS. (a) Section 258.003 does not apply
if:
(1) a health care disaster, such as a natural or other type of
disaster that increases the need for health care personnel,
unexpectedly affects the county in which the nurse is employed or
affects a contiguous county;
(2) a federal, state, or county declaration of emergency is in
effect in the county in which the nurse is employed or is in
effect in a contiguous county;
(3) there is an emergency or unforeseen event of a kind that:
(A) does not regularly occur;
(B) increases the need for health care personnel at the hospital
to provide safe patient care; and
(C) could not prudently be anticipated by the hospital; or
(4) the nurse is actively engaged in an ongoing medical or
surgical procedure and the continued presence of the nurse
through the completion of the procedure is necessary to ensure
the health and safety of the patient.
(b) If a hospital determines that an exception exists under
Subsection (a)(3), the hospital shall, to the extent possible,
make a good faith effort to meet the staffing need through
voluntary overtime, including calling per diems and agency
nurses, assigning floats, or requesting an additional day of work
from off-duty employees.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.005. RETALIATION PROHIBITED. A hospital may not
suspend, terminate, or otherwise discipline or discriminate
against a nurse who refuses to work mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Health-and-safety-code >
Title-4-health-facilities >
Chapter-258-mandatory-overtime-for-nurses-prohibited HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 258. MANDATORY OVERTIME FOR NURSES PROHIBITED
Sec. 258.001. DEFINITIONS. In this chapter:
(1) "Hospital" means:
(A) a general hospital or special hospital, as those terms are
defined by Section 241.003, including a hospital maintained or
operated by this state; or
(B) a mental hospital licensed under Chapter 577.
(2) "Nurse" means a registered nurse or vocational nurse
licensed under Chapter 301, Occupations Code.
(3) "On-call time" means time spent by a nurse who is not
working but who is compensated for availability.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.002. MANDATORY OVERTIME. For purposes of this chapter,
"mandatory overtime" means a requirement that a nurse work hours
or days that are in addition to the hours or days scheduled,
regardless of the length of a scheduled shift or the number of
scheduled shifts each week. In determining whether work is
mandatory overtime, prescheduled on-call time or time immediately
before or after a scheduled shift necessary to document or
communicate patient status to ensure patient safety is not
included.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.003. PROHIBITION OF MANDATORY OVERTIME. (a) A
hospital may not require a nurse to work mandatory overtime, and
a nurse may refuse to work mandatory overtime.
(b) This section does not prohibit a nurse from volunteering to
work overtime.
(c) A hospital may not use on-call time as a substitute for
mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.004. EXCEPTIONS. (a) Section 258.003 does not apply
if:
(1) a health care disaster, such as a natural or other type of
disaster that increases the need for health care personnel,
unexpectedly affects the county in which the nurse is employed or
affects a contiguous county;
(2) a federal, state, or county declaration of emergency is in
effect in the county in which the nurse is employed or is in
effect in a contiguous county;
(3) there is an emergency or unforeseen event of a kind that:
(A) does not regularly occur;
(B) increases the need for health care personnel at the hospital
to provide safe patient care; and
(C) could not prudently be anticipated by the hospital; or
(4) the nurse is actively engaged in an ongoing medical or
surgical procedure and the continued presence of the nurse
through the completion of the procedure is necessary to ensure
the health and safety of the patient.
(b) If a hospital determines that an exception exists under
Subsection (a)(3), the hospital shall, to the extent possible,
make a good faith effort to meet the staffing need through
voluntary overtime, including calling per diems and agency
nurses, assigning floats, or requesting an additional day of work
from off-duty employees.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
Sec. 258.005. RETALIATION PROHIBITED. A hospital may not
suspend, terminate, or otherwise discipline or discriminate
against a nurse who refuses to work mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch.
742, Sec. 1, eff. September 1, 2009.
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