Senator John A. DeFrancisco (R-I-C-WF, Syracuse) today announced that the New York State Senate has passed a bill (S8637) he cosponsored to prohibit mandatory overtime for nurses in hospitals and other health care facilities, including State-operated facilities. The bill reflects an agreement among the Senate, the Assembly, and the Governor.

"Mandatory overtime means that our nurses are working long hours with little rest," said Senator DeFrancisco. "These conditions negatively affect their ability to care for patients and place patients at an increased risk. In addition, many nurses are choosing to leave the field making the situation even worse. This bill will help to improve our current health care environment and ensure quality care for our patients."

The legislation prohibits health care facilities from requiring nurses to work more than their regularly scheduled work hours, but does not place a specific cap on the number of hours that can be worked per day or week.

The prohibition on mandatory overtime would not apply in the following circumstances: natural or other types of disasters that increase the need for nursing services; a federal, state or county declaration of emergency; a nurse engaged in an ongoing medical or surgical procedure; when necessary to provide safe patient care where no other alternative staffing is available; and when a nurse voluntarily agrees to work overtime.

The bill will take effect in one year in order to give health care employers adequate time to plan for implementation by increasing recruitment efforts, advancing flexible work schedules, and obtaining contracts for temporary services.

The bill was sent to the Assembly.