Senate Bill No. 426
(By Senators Jenkins and Weeks)
[Introduced March 2, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on
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-
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.
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
(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
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would