|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
Ch. 322
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Article - Labor and Employment
3-421.
(A) IN THIS SECTION, "NURSE" MEANS A LICENSED PRACTICAL NURSE OR A
REGISTERED NURSE AS DEFINED IN § 8-101 OF THE HEALTH OCCUPATIONS ARTICLE.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) SUBSECTIONS (C) AND (D) OF
THIS SECTION, AN EMPLOYER MAY NOT REQUIRE A NURSE TO WORK MORE THAN
THE REGULARLY SCHEDULED HOURS ACCORDING TO THE PREDETERMINED WORK
SCHEDULE.
(C) A NURSE MAY BE REQUIRED TO WORK OVERTIME IF:
(1) THE WORK IS A CONSEQUENCE OF AN EMERGENCY SITUATION
WHICH COULD NOT HAVE BEEN REASONABLY ANTICIPATED;
(2) THE EMERGENCY SITUATION IS NONRECURRING AND IS NOT
CAUSED BY OR AGGRAVATED BY THE EMPLOYER'S INATTENTION OR LACK OF
REASONABLE CONTINGENCY PLANNING;
(3) THE EMPLOYER HAS EXHAUSTED ALL GOOD FAITH, REASONABLE
ATTEMPTS TO OBTAIN VOLUNTARY WORKERS DURING THE SUCCEEDING SHIFTS;
(4) THE NURSE HAS CRITICAL SKILLS AND EXPERTISE THAT ARE
REQUIRED FOR THE WORK; AND
(5) THE STANDARD OF CARE FOR A PATIENT ASSIGNMENT REQUIRES
CONTINUITY OF CARE THROUGH COMPLETION OF A CASE, TREATMENT. OR
PROCEDURE; AND
(5) (6) (I) THE EMPLOYER HAS INFORMED THE NURSE OF THE
BASIS FOR THE EMPLOYER'S DIRECTION; AND
(II) THAT BASIS SATISFIES THE OTHER REQUIREMENTS FOR
MANDATORY OVERTIME LISTED UNDER THIS ITEM SUBSECTION.
(D) IN ADDITION TO THE PROVISIONS OF SUBSECTION (C) OF THIS SECTION, A
NURSE MAY BE REQUIRED TO WORK OVERTIME IF:
(1) A CONDITION OF EMPLOYMENT INCLUDES ON-CALL ROTATION; OR
(2) THE NURSE WORKS IN COMMUNITY-BASED CARE.
(D) (E) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT A NURSE
FROM VOLUNTARILY AGREEING TO WORK MORE THAN THE NUMBER OF SCHEDULED
HOURS PROVIDED IN THIS SECTION.
(E) (F) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS
SECTION, A NURSE MAY NOT BE CONSIDERED RESPONSIBLE FOR THE CARE OF A
PATIENT BEYOND THE NURSE'S PRESCRIBED WORK PERIOD PREDETERMINED WORK
SCHEDULE IF THE NURSE:
|
|
|
|
|
|
|
|
|
|
- 2811 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
