SENATE BILL No. 388

 

 

May 18, 2017, Introduced by Senators CASPERSON, HUNE, WARREN, KNEZEK, BIEDA, HOPGOOD and JONES and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20165 (MCL 333.20165), as amended by 2008 PA

 

39, and by adding sections 17233 and 21526.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17233. (1) A registered professional nurse's refusal to

 

accept a hospital's request to work more than his or her regularly

 

scheduled hours according to his or her predetermined work schedule

 

at the hospital is not, by itself, grounds for administrative

 

action under sections 16221 and 16226.

 

     (2) As used in this section, "hospital" means that term as

 

defined in section 20106.

 

     Sec. 20165. (1) Except as otherwise provided in this section,

 

after notice of intent to an applicant or licensee to deny, limit,

 


suspend, or revoke the applicant's or licensee's license or

 

certification and an opportunity for a hearing, the department may

 

deny, limit, suspend, or revoke the license or certification or

 

impose an administrative fine on a licensee if 1 or more of the

 

following exist:

 

     (a) Fraud or deceit in obtaining or attempting to obtain a

 

license or certification or in the operation of the licensed health

 

facility or agency.

 

     (b) A violation of this article or a rule promulgated under

 

this article.

 

     (c) False or misleading advertising.

 

     (d) Negligence or failure to exercise due care, including

 

negligent supervision of employees and subordinates.

 

     (e) Permitting a license or certificate to be used by an

 

unauthorized health facility or agency.

 

     (f) Evidence of abuse regarding a patient's health, welfare,

 

or safety or the denial of a patient's rights.

 

     (g) Failure to comply with section 10115.

 

     (h) Failure to comply with part 222 or a term, condition, or

 

stipulation of a certificate of need issued under part 222, or

 

both.

 

     (i) A violation of section 20197(1).

 

     (j) A violation of section 21526.

 

     (2) The department may deny an application for a license or

 

certification based on a finding of a condition or practice that

 

would constitute a violation of this article if the applicant were

 

a licensee.


     (3) Denial, suspension, or revocation of an individual

 

emergency medical services personnel license under part 209 is

 

governed by section 20958.

 

     (4) If the department determines under subsection (1) that a

 

health facility or agency has violated section 20197(1), the

 

department shall impose an administrative fine of $5,000,000.00 on

 

the health facility or agency.

 

     (5) If the department determines under subsection (1) that a

 

hospital has violated section 21526, the department shall impose an

 

administrative fine of $1,000.00 on the hospital for each violation

 

and may impose any of the sanctions described in subsection (1).

 

     Sec. 21526. (1) Except as otherwise provided in subsection

 

(3), a hospital shall not require a registered professional nurse

 

to work more than his or her regularly scheduled hours according to

 

his or her predetermined work schedule.

 

     (2) If a registered professional nurse works 12 or more

 

consecutive hours at a hospital, the hospital shall provide the

 

registered professional nurse with 8 consecutive hours of off-duty

 

time immediately after the registered professional nurse completes

 

that shift.

 

     (3) Subsection (1) does not apply under any of the following

 

circumstances:

 

     (a) If an unforeseen emergent situation occurs.

 

     (b) If a registered professional nurse is assisting with a

 

patient-care procedure that extends beyond the registered

 

professional nurse's regularly scheduled hours according to his or

 

her predetermined work schedule and the registered professional


nurse's immediate supervisor, other than a charge nurse, determines

 

that the absence of the registered professional nurse during the

 

patient-care procedure could have an adverse effect on the patient.

 

     (c) If a registered professional nurse voluntarily accepts a

 

work assignment that causes the registered professional nurse's

 

hours to exceed his or her regularly scheduled hours according to

 

his or her predetermined work schedule.

 

     (4) A hospital shall not discharge or discipline, threaten to

 

discharge or discipline, or otherwise discriminate against a

 

registered professional nurse who is an employee of the hospital

 

regarding the registered professional nurse's compensation, terms,

 

conditions, assignment, or privileges of employment because the

 

registered professional nurse refuses to accept a work assignment

 

that causes the registered professional nurse's hours to exceed his

 

or her regularly scheduled hours according to his or her

 

predetermined work schedule.

 

     (5) A hospital shall post a notice that informs registered

 

professional nurses who are employed by the hospital of this

 

section and how to file a complaint with the department for a

 

suspected violation of this section. The hospital shall post the

 

notice described in this subsection in 1 or more conspicuous places

 

where notices to employees of the hospital are customarily posted

 

and, if the hospital uses an intranet site to communicate with its

 

employees, on the hospital's intranet site.

 

     (6) A hospital that violates this section is subject to the

 

administrative sanctions prescribed in section 20165(5).

 

     (7) If a collective bargaining agreement is in effect for


employees of a hospital as of the effective date of the amendatory

 

act that added this section and if that collective bargaining

 

agreement prevents compliance with this section, then this section

 

does not apply until after the expiration of that collective

 

bargaining agreement.

 

     (8) As used in this section:

 

     (a) "Registered professional nurse" means that term as defined

 

in section 17201.

 

     (b) "Unforeseen emergent situation" means an occurrence that

 

is unpredictable, or unavoidable at an unscheduled or unpredictable

 

interval, and relates to health care delivery and requires

 

immediate medical intervention or care. Unforeseen emergent

 

situation does not include a state of emergency that results from a

 

labor dispute in the health care industry or consistent

 

understaffing.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.