Congress may prohibit forced OT for nurses Bi-partisan legislation has been introduced in Congress to limit mandatory overtime for some nurses as a means to safeguard patient safety. The Safe Nursing and Patient Care Act, introduced by Reps. Pete Stark (D-Calif.) and Steven LaTourette (R-Ohio) and Sens. Edward Kennedy (D-Mass.) and John Kerry (D-Mass.) in November, would limit the ability of hospitals and other health-care facilities which receive federal Medicare funds to require nurses to work overtime. “At last, Congress is recognizing this very serious national health care issue and may enact legislation to protect patients and nurses from this abusive practice,” says PEF President Roger Benson. “We will work with our international affiliates to urge Congress to pass an expanded version of this legislation that would apply to more health-care facilities where our members work.” And PEF is working for more state legislative protections against mandatory overtime. Under the bill as now proposed, Medicare’s provider agreements would prohibit mandatory overtime for nurses, except in a declared emergency. Nurses could still volunteer for overtime. Health-care employers would have to post notices explaining the limits along with copies of nurses’ work schedules. And employers would be prohibited from discriminating against nurses who complained about violations. The federal Agency on Healthcare Research and Quality would develop overall standards to protect patient safety in nursing care. The US Department of Health and Human Services would be responsible for enforcing the legislation. It could investigate nurses’ complaints of violations and impose civil penalties of up to $10,000 for violations. — Sherry Halbrook The Communicator Home Page