§7459 Nursing Staff: Special Rules for Overtime Duty

Summary

Nursing staff cannot be forced to work more than 40 hours in an administrative work week, or more than 24 hours if they are covered under section 7456. They also cannot be forced to work more than eight hours in a row, or 12 hours in a row if covered under section 7456 or 7456A. Nurses may choose to work extra hours if they want. Saying no to extra hours cannot be used as a reason to punish, fire, or treat them unfairly. The Secretary may require extra hours only in a real emergency that could not be expected, is not repeating or caused by poor planning, and after trying in good faith to get volunteers. The required staff must have critical skills needed for the work and the work must need continuity of care until a case, treatment, or procedure is finished. The requirement ends when the staff’s direct role in the emergency response ends. “Nursing staff” means registered nurses, licensed practical or vocational nurses, nurse assistants appointed under the law, and any other nurse jobs the Secretary names.