Bill S159-2011

Includes certified nursing assistants in provisions of law relating to restrictions on consecutive hours of work

Includes certified nursing assistants in provisions of law relating to restrictions on consecutive hours of work.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1071
  • Jan 4, 2012: REFERRED TO LABOR
  • Jan 5, 2011: REFERRED TO LABOR

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 5, 2012
Ayes (15): Robach, Alesi, DeFrancisco, Gallivan, Grisanti, Johnson, Marcellino, McDonald, Martins, Peralta, Addabbo, Dilan, Gianaris, Perkins, Rivera
Excused (1): Smith

Memo

BILL NUMBER:S159

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 159 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MAZIARZ, DIAZ, 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.

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