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Introduced Version Senate Bill 426 History

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sb426 intr
Senate Bill No. 426

(By Senators Jenkins and Weeks)

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[Introduced March 2, 2005; referred to the Committee

on Health and Human Resources; and then to the Committee on Finance.]

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A BILL to amend and reenact §21-5F-2 of the Code of West Virginia, 1931, as amended, relating to changing the definition of "hospital" within the Nurse Overtime and Patient Safety Act to apply nurse overtime limitations and restrictions to state- operated hospitals.

Be it enacted by the Legislature of West Virginia:
That §21-5F-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.
§21-5F-2. Definitions.
For the purposes of this article:
(1) "Hospital" means a facility licensed under the provisions of article five-b, chapter sixteen of this code, but does not include hospitals operated by state or federal agencies.
(2) "Nurse" means a certified or licensed practical nurse or a registered nurse who is providing nursing services and is involved in direct patient care activities or clinical services, but does not include certified nurse anesthetists. Nurse managers are included with respect to their delivery of in-hospital patient care, but this is in no way intended to impact on their 24-hour management responsibility for a unit, area or service.
(3) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift.
(4) "Taking action against" means discharging; disciplining; threatening; reporting to the board of nursing; discriminating against; or penalizing regarding compensation, terms, conditions, location or privileges of employment.
(5) "Unforeseen emergent situation" means an unusual, unpredictable or unforeseen circumstance such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions or natural disasters. An unforeseen emergent situation does not include situations in which the hospital has reasonable knowledge of increased patient volume or decreased staffing, including, but not limited to, scheduled vacations and scheduled health care worker medical leave.





NOTE: The purpose of this bill is to change the definition of hospital within the Nurse Overtime and Patient Safety Act to apply nurse overtime limitations and restrictions to state operated hospitals.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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