1.1 	A bill for an act
1.2 	relating to employment; regulating overtime for certain nurses;amending 
1.3 	Minnesota Statutes 2004, section 181.275, subdivisions 1, 2.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2004, section 181.275, subdivision 1, is amended to read:
1.6 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
1.7 	the meanings given them:
1.8 	(1) "emergency" means a period when replacement staff are not able to report for 
1.9 	duty for the next shift or increased patient need, because of unusual, unpredictable, 
1.10 	or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease 
1.11 	outbreak, adverse weather conditions, or natural disasters which impact continuity of 
1.12 	patient care;
1.13 	(2) "normal work period" means 12 or fewer consecutive hours consistent with a 
1.14 	predetermined work shift;
1.15 	(3) "nurse" has the meaning given in section  148.171, subdivision 9, and includes 
1.16 	nurses employed by the state of Minnesota; and 
1.17 	(4) "taking action against" means discharging; disciplining; threatening; reporting 
1.18 	to the Board of Nursing; discriminating against; or penalizing regarding compensation, 
1.19 	terms, conditions, location, or privileges of employment.

1.20 	Sec. 2. Minnesota Statutes 2004, section 181.275, subdivision 2, is amended to read:
1.21 		Subd. 2.Prohibited actions. Except as provided in subdivision 3, a hospital or 
1.22 	other entity licensed under sections  144.50 to  144.58, and its agent, or other health care 
1.23 	facility licensed by the commissioner of health, and the facility's agent, is prohibited 
2.1 	from taking action against a nurse solely on the grounds that the nurse fails to accept an 
2.2 	assignment of additional consecutive hours at the facility in excess of a normal work 
2.3 	period, if the nurse declines to work additional hours because doing so may, in the nurse's 
2.4 	judgment, jeopardize patient safety. This subdivision does not apply to a nursing facility, 
2.5 	an intermediate care facility for persons with mental retardation, a licensed boarding care 
2.6 	facility, or a housing with services establishment. This subdivision applies to a nurse 
2.7 	employed by the state of Minnesota regardless of the type of facility in which the nurse 
2.8 	is employed and regardless of the facility's license, if the nurse is involved in resident 
2.9 	or patient care.