2018 -- S 2397 AS AMENDED

========

LC004481

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO HEALTH AND SAFETY -- HEALTH CARE FACILITIES STAFFING

     Introduced By: Senators Conley, Gallo, Seveney, Satchell, and Goldin

     Date Introduced: February 15, 2018

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17.20-2 of the General Laws in Chapter 23-17.20 entitled

"Health Care Facilities Staffing" is hereby amended to read as follows:

     23-17.20-2. Definitions.

     As used in this chapter:

     (1) "Employee" means a nurse licensed pursuant to chapter 5-34, and a certified nurse

assistant registered pursuant to chapter 23-17.9, provided further, that such term shall not include

certified registered nurse anesthetists or resident physicians; and provided further, that for

purposes of this chapter, said nurse and/or nursing assistant shall be paid on the basis of an hourly

wage or any other person who provides or assists in providing direct medical care to a patient

including, but not limited to, a certified nurse assistant, respiratory therapist, diagnostic imaging

technologist or a surgical technologist; and provided that such term shall not include resident

physicians; and provided further, that for purposes of this chapter, said nurse and/or other person

providing or assisting in providing direct medical care to a patient shall be paid on the basis of an

hourly wage. As used in this chapter, the term "employee" shall not include a person who is paid

an annual salary, and shall not include employees who are working pre-scheduled "on-call time"

in the surgical department of a health care facility.

     (2) "Employer" means a person, partnership, association, corporation or group of persons

acting directly or indirectly in the interest of a health care facility or any private, public, or state

residential nursing facility;

     (3) "Health care facility" means any private, public or state hospital;

     (4) "On-call time" means time spent by an employee who is not working on the premises

of the place of employment but who is compensated for availability or who, as a condition of

employment, has agreed to be available to return to the premises of the place of employment on

short notice if the need arises;

     (5) "Reasonable efforts" means that the employer shall:

     (i) Seek persons who volunteer to work extra time from all available qualified staff who

are working at the time of the unforeseeable emergent circumstance;

     (ii) Contact all qualified employees who have made themselves available to work extra

time; and

     (iii) Seek the use of per diem staff;

     (6) "Regular hourly wage" means the amount that an employee is regularly paid for each

hour of work as determined by dividing the total hours of work during the week into the

employee's total earnings for the week, exclusive of pay for overtime work;

     (7) "Unforeseeable emergent circumstance" means an unpredictable occurrence relating

to health care delivery that requires immediate action, to provide proper patient care and which

shall include a major power outage, a public health emergency, an irregular increase in patient

census, or an irregular increase in the number of employees not reporting for predetermined

scheduled work shifts or such other emergency that in the reasonable judgement of the employer

endangers patient welfare requiring that within ten (10) days of such determination, the employer

must provide the employee a written statement of the facts constituting the danger to patient

welfare.

     SECTION 2. Section 36-4-41 of the General Laws in Chapter 36-4 entitled "Merit

System" is hereby amended to read as follows:

     36-4-41. Appeal from administrator of adjudication to appeal board.

     Any person, or the elected representative union or association of a person, with

provisional, probationary, or permanent status who feels aggrieved by a decision of the

administrator of adjudication may, within thirty (30) calendar days of the rendering of a decision,

request in writing for the personnel appeal board to review the decision or conduct a public

hearing. Within thirty (30) calendar days of the receipt of the request, the personnel appeal board

shall make a report of its findings and recommendations to the governor based upon the decisions

of the administrator of adjudication or the testimony taken at a hearing. Copies of the report shall

be forwarded to the office of labor relations within the department of administration and to the

office of the administrator of adjudication. Within fifteen (15) calendar days of the receipt of the

LC004481 - Page 2 of 4

report, the governor shall make his or her decision and so notify the appellant, the personnel

appeal board, administrator of adjudication, and the office of labor relations.

     SECTION 3. This act shall take effect upon passage.

========

LC004481

========

LC004481 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HEALTH CARE FACILITIES STAFFING

***

     This act would broaden the definition of "employee" for the purposes of health care

facilities staffing. In addition to nurses, employees would include assistants and technologists

providing direct medical care to patients. This act would also allow a person's union or

association to file an appeal from the administrator to the personnel appeal board.

     This act would take effect upon passage.

========

LC004481

========

LC004481 - Page 4 of 4