S1054-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S1054-2013 Memo

BILL NUMBER:S1054

TITLE OF BILL:
An act
to amend the labor law, in relation to including
certified nursing assistants in provisions of law relating to
restrictions on consecutive hours of work

PURPOSE:
To include certified nursing assistants in provisions of law relating
to restrictions on consecutive hours of work.

SUMMARY OF PROVISIONS:
Section 1 adds certified nursing assistant to new paragraph d of
subdivision 1 of section 167 of the labor law, as added by chapter
433 of the laws of 2008.

JUSTIFICATION:
In 2008 legislation was chaptered that limited consecutive hours of
work by registered nurses and licensed practical nurses. This bill
would include mandatory overtime for certified nursing assistants
also. CNA's work in a demanding, stressful environment where proper
decision making is part of the job. Under staffing has resulted in
CNA's having to work longer hours caring for sicker, more needy
patients with very little rest. CNA's deserve to be included in the
mandatory overtime statute the same as the RN's and LPN's so they can
do their jobs to the best of their ability without it affecting
patient care.

BILL HISTORY:
S.4520B of 2009-2010; Reported and Committed to Codes
S.159/A.1744 of 2011-2012; Committed to Rules

FISCAL IMPLICATIONS:
The use of overtime to address staffing needs has resulted in
increased overtime costs. This bill should result in additional new
hires reducing the amount of overtime.

EFFECTIVE DATE:
The act shall take effect on the ninetieth day after it shall become
law.

S1054-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1054
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens. MAZIARZ, LARKIN -- read twice and ordered printed,
 and when printed to be committed to the Committee on Labor
 

AN ACT to amend the labor law, in relation to including certified  nurs
 ing  assistants  in  provisions  of  law  relating  to restrictions on
 consecutive hours of work
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  b of subdivision 1 of section 167 of the labor
 law, as added by chapter 493 of the laws of 2008, is amended and  a  new
 paragraph d is added to read as follows:

 b.  "Nurse"  shall  mean a registered professional nurse or a licensed
 practical nurse as defined by article one  hundred  thirty-nine  of  the
 education  law  who provides direct patient care, OR A CERTIFIED NURSING
 ASSISTANT AS DEFINED IN THIS SUBDIVISION.
 D. "CERTIFIED NURSING ASSISTANT" SHALL MEAN A PERSON WHO HAS  SUCCESS
 FULLY  COMPLETED  A  NURSE  AIDE  TRAINING  AND/OR COMPETENCY EVALUATION
 PROGRAM ADMINISTERED BY THE DEPARTMENT OF  HEALTH  AND/OR  IS  CURRENTLY
 LISTED IN THE NURSE AIDE REGISTRY.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02070-01-3

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