Senate File 174
SENATE FILE
BY LUNDBY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to health facility staffing, and providing civil
2 penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1944SS 80
5 pf/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 135M.1 DEFINITIONS.
1 2 For the purposes of this chapter, unless the context
1 3 otherwise requires:
1 4 1. "Emergent circumstances" means any of the following:
1 5 a. An officially designated state of emergency that has
1 6 been declared by a federal, state, or local government
1 7 official having authority to declare that the state, county,
1 8 municipality, or locality is in a state of emergency.
1 9 b. Circumstances resulting in activation of a health
1 10 facility disaster plan.
1 11 c. Any unforeseen disaster or catastrophic event that
1 12 substantially affects or increases the need for health care
1 13 services.
1 14 "Emergent circumstances" does not include circumstances
1 15 resulting from a labor dispute in the health care industry.
1 16 2. "Employee" means an individual employed by a health
1 17 facility who is involved in providing direct care to patients
1 18 or clinical services.
1 19 3. "Employer" means a person acting directly or indirectly
1 20 on behalf of a health facility. "Employer" includes the state
1 21 and political subdivisions of the state.
1 22 4. "Health facility" means a hospital as defined in
1 23 section 135B.1, a health care facility as defined in section
1 24 135C.1, a hospice program as defined in section 135J.1, or any
1 25 other health care institution that operates twenty=four hours
1 26 per day, seven days per week.
1 27 5. "On=call time" means time spent by an employee who is
1 28 not working on the premises of the health facility but who is
1 29 compensated for availability or who, as a condition of
1 30 employment, has agreed to be available to return to the
1 31 premises of the health facility on short notice if the need
1 32 arises.
1 33 6. "Overtime" means hours worked in excess of an agreed
1 34 upon, predetermined, and regularly scheduled work shift, not
1 35 to exceed twelve hours in a consecutive twenty=four=hour
2 1 period or eighty hours in a consecutive fourteen=day period.
2 2 Sec. 2. NEW SECTION. 135M.2 OVERTIME PROHIBITED ==
2 3 EXCEPTIONS.
2 4 1. Notwithstanding any other provision to law to the
2 5 contrary and subject only to the exceptions in this section, a
2 6 health facility shall not directly or indirectly mandate or
2 7 otherwise require, and any contract or other agreement
2 8 executed after July 1, 2003, shall not contain a mandate, that
2 9 a health facility employee work overtime.
2 10 2. This section does not prohibit a health facility
2 11 employee from voluntarily working overtime, and refusal to
2 12 accept overtime work shall not be grounds for discrimination,
2 13 dismissal, discharge, allegations of patient abandonment by a
2 14 licensing board, or any other penalty or employment decision
2 15 adverse to the employee.
2 16 3. This section shall not apply to overtime that occurs
2 17 due to any of the following:
2 18 a. Emergent circumstances.
2 19 b. Prescheduled on=call time.
2 20 c. Completion of patient care already in progress when the
2 21 absence of the employee would have an adverse effect on the
2 22 patient.
2 23 Sec. 3. NEW SECTION. 135M.3 PENALTIES.
2 24 1. An employer who violates chapter 91A is subject to the
2 25 civil penalties prescribed in section 91A.12, except that the
2 26 maximum civil penalty is one thousand dollars for each
2 27 violation. Each violation of this chapter is a separate
2 28 violation.
2 29 2. The penalty prescribed in subsection 1 shall be trebled
2 30 for a third or subsequent violation of this chapter within a
2 31 calendar year.
2 32 3. In addition to the civil penalty, an employer found in
2 33 violation of this chapter shall pay reasonable attorney fees
2 34 and court costs associated with the action.
2 35 4. In any action brought under this chapter, the fact that
3 1 an employee worked in excess of twelve hours in a consecutive
3 2 twenty=four=hour period or eighty hours in a consecutive
3 3 fourteen=day period is a prima facie violation of this
3 4 chapter.
3 5 5. Notwithstanding section 91A.12, subsection 1, an
3 6 employee who reports a violation under this chapter which
3 7 results in assessment of a civil penalty may receive up to
3 8 twenty percent of the amount assessed.
3 9 Sec. 4. HEALTH CARE WORKFORCE == REVIEW. The department
3 10 of workforce development, in cooperation with the department
3 11 of inspections and appeals, the Iowa department of public
3 12 health, and the state health policy commission, shall conduct
3 13 a review of health care workforce conditions, including
3 14 overtime and staffing errors. The department of workforce
3 15 development shall submit a report of findings and
3 16 recommendations to the general assembly and the governor no
3 17 later than January 15, 2004.
3 18 EXPLANATION
3 19 This bill prohibits a health facility from mandating or
3 20 otherwise requiring a health facility employee to work
3 21 overtime. "Overtime" is defined as hours worked in excess of
3 22 an agreed upon, predetermined, and regularly scheduled work
3 23 shift, not to exceed 12 hours in a consecutive 24=hour period
3 24 or 80 hours in a consecutive 14=day period.
3 25 The bill does not prohibit a health facility employee from
3 26 voluntarily working overtime, but provides that refusal to
3 27 accept overtime work is not grounds for discrimination,
3 28 dismissal, discharge, allegations of patient abandonment by a
3 29 licensing board, or any other penalty or employment decision
3 30 adverse to the employee.
3 31 The prohibition against overtime work does not apply to
3 32 emergent circumstances, prescheduled on=call time, or
3 33 completion of patient care already in progress when the
3 34 absence of the employee would have an adverse effect on the
3 35 patient.
4 1 An employer who violates the bill violates Code chapter 91A
4 2 and is subject to a maximum civil penalty of $1,000 for each
4 3 violation, each violation of the bill being a separate
4 4 violation. The penalty prescribed is to be trebled for a
4 5 third or subsequent violation within a calendar year. In
4 6 addition to the civil penalty, an employer found in violation
4 7 is to pay reasonable attorney fees and court costs associated
4 8 with the action. In any action brought, the fact that an
4 9 employee worked in excess of 12 hours in a consecutive 24=hour
4 10 period or 80 hours in a consecutive 14=day period is a prima
4 11 facie violation of this chapter. An employee who reports a
4 12 violation which results in assessment of a civil penalty may
4 13 receive up to 20 percent of the amount assessed.
4 14 The bill also directs the department of workforce
4 15 development, in cooperation with the department of inspections
4 16 and appeals, the Iowa department of public health, and the
4 17 state health policy commission, to conduct a review of health
4 18 care workforce conditions, including overtime and staffing
4 19 errors. The department of workforce development is to submit
4 20 a report of findings and recommendations to the general
4 21 assembly and the governor no later than January 15, 2004.
4 22 LSB 1944SS 80
4 23 pf/sh/8.1