Indiana 2023 Regular Session

Indiana House Bill HB1353 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1353
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-21-2; IC 16-28-2-13.
7	7	Synopsis: Health care staffing. Requires a hospital to establish a nurse
8	8	staffing council or assign the functions of the council to an entity in the
9	9	hospital to develop a nurse staffing plan and review any reported
10	10	deviations from the plan. Prohibits a hospital from taking certain
11	11	actions against an employee or contract worker for filing a deviation
12	12	report. Prohibits a hospital, ambulatory outpatient surgery center,
13	13	health facility, or residential care facility from requiring a registered
14	14	nurse or licensed practical nurse to work mandatory overtime.
15	15	Establishes exceptions. Prohibits a hospital, ambulatory outpatient
16	16	surgery center, health facility, or residential care facility from taking
17	17	certain actions against an employee who does not consent to work
18	18	mandatory overtime.
19	19	Effective: July 1, 2023.
20	20	Ledbetter
21	21	January 17, 2023, read first time and referred to Committee on Public Health.
22	22	2023 IN 1353—LS 7388/DI 77 Introduced
23	23	First Regular Session of the 123rd General Assembly (2023)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2022 Regular Session of the General Assembly.
33	33	HOUSE BILL No. 1353
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	health.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 16-18-2-84, AS AMENDED BY P.L.141-2014,
38	38	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2023]: Sec. 84. (a) "Council", for purposes of
40	40	4 IC 16-21-2-18, has the meaning set forth in IC 16-21-2-18(b).
41	41	5 (b) "Council", for purposes of IC 16-46-6, refers to the interagency
42	42	6 state council on black and minority health.
43	43	7 SECTION 2. IC 16-18-2-214.8 IS ADDED TO THE INDIANA
44	44	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
45	45	9 [EFFECTIVE JULY 1, 2023]: Sec. 214.8. "Mandatory overtime",
46	46	10 for purposes of IC 16-21-2 and IC 16-28-2, means hours an
47	47	11 employee is required to work, including being on call, in excess of
48	48	12 the hours specified by an employee's employment agreement.
49	49	13 SECTION 3. IC 16-21-2-18 IS ADDED TO THE INDIANA CODE
50	50	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51	51	15 1, 2023]: Sec. 18. (a) As used in this section, "council" means a
52	52	16 nurse staffing council established in a hospital or an entity to which
53	53	17 functions are assigned in a hospital under subsection (b).
54	54	2023 IN 1353—LS 7388/DI 77 2
55	55	1 (b) Each hospital shall:
56	56	2 (1) establish a council; or
57	57	3 (2) assign the functions of the council that meet the
58	58	4 requirements under this section to a similar existing entity
59	59	5 within the hospital.
60	60	6 (c) At least fifty-one percent (51%) of the members of the
61	61	7 council must be registered nurses who spend at least fifty percent
62	62	8 (50%) of work time in direct patient care.
63	63	9 (d) Each council shall do the following:
64	64	10 (1) Assist in developing an annual patient care unit and shift
65	65	11 based nurse staffing plan, with protocols for adjusting staffing
66	66	12 levels.
67	67	13 (2) Provide the nurse staffing plan to all nurses who work at
68	68	14 the hospital.
69	69	15 (3) Provide employees and contract workers of the hospital
70	70	16 the opportunity to report to the council any deviations where
71	71	17 the nurse personnel assignment in a patient care unit does not
72	72	18 comply with the adopted staffing plan.
73	73	19 (4) Meet at least quarterly to review deviation reports that
74	74	20 have been filed by employees or contract workers of the
75	75	21 hospital.
76	76	22 (e) A hospital may not take any of the following actions against
77	77	23 an employee or contract worker for filing a deviation report under
78	78	24 subsection (d):
79	79	25 (1) Dismissing the employee or contract worker from
80	80	26 employment.
81	81	27 (2) Withholding salary increases or employment related
82	82	28 benefits.
83	83	29 (3) Transferring or reassigning the employee or contract
84	84	30 worker.
85	85	31 (4) Denying a promotion that the employee or contract
86	86	32 worker otherwise would have received.
87	87	33 (5) Demoting the employee or contract worker.
88	88	34 SECTION 4. IC 16-21-2-19 IS ADDED TO THE INDIANA CODE
89	89	35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
90	90	36 1, 2023]: Sec. 19. (a) Beginning January 1, 2024, a hospital or
91	91	37 ambulatory outpatient surgical center must inform a current
92	92	38 employee and prospective employee of the following:
93	93	39 (1) The hours and on call requirements stated in the
94	94	40 employee's employment agreement with the hospital or
95	95	41 ambulatory outpatient surgical center.
96	96	42 (2) That the hospital or ambulatory outpatient surgical center
97	97	2023 IN 1353—LS 7388/DI 77 3
98	98	1 may not require the employee to work in excess of the hours
99	99	2 and on call requirements stated in the terms of the employee's
100	100	3 employment agreement without the employee's consent except
101	101	4 for reasons set forth in this section.
102	102	5 (3) The employee's protections under this section.
103	103	6 (b) A hospital or ambulatory outpatient surgery center may not
104	104	7 require a registered nurse or licensed practical nurse to work
105	105	8 mandatory overtime, except for the following:
106	106	9 (1) Voluntary work with the employee's consent documented
107	107	10 in writing.
108	108	11 (2) A declared national, state, or local disaster or catastrophic
109	109	12 event or the implementation of a hospital's or ambulatory
110	110	13 outpatient surgery center's disaster plan that will
111	111	14 substantially affect or increase the need for health care
112	112	15 services.
113	113	16 (3) Any circumstance in which patient care needs require the
114	114	17 continuation of a nurse's skills through the completion of a
115	115	18 procedure.
116	116	19 (c) A hospital or ambulatory outpatient surgery center may not
117	117	20 take any of the following actions against an employee for failing to
118	118	21 consent to work mandatory overtime:
119	119	22 (1) Dismissing the employee from employment.
120	120	23 (2) Withholding salary increases or employment related
121	121	24 benefits.
122	122	25 (3) Transferring or reassigning the employee.
123	123	26 (4) Denying a promotion that the employee otherwise would
124	124	27 have received.
125	125	28 (5) Demoting the employee.
126	126	29 SECTION 5. IC 16-28-2-13 IS ADDED TO THE INDIANA CODE
127	127	30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
128	128	31 1, 2023]: Sec. 13. (a) Beginning January 1, 2024, a health facility or
129	129	32 residential care facility must inform a current employee and
130	130	33 prospective employee of the following:
131	131	34 (1) The hours and on call requirements stated in the
132	132	35 employee's employment agreement with the health facility or
133	133	36 residential care facility.
134	134	37 (2) That the health facility or residential care facility may not
135	135	38 require the employee to work in excess of the hours and on
136	136	39 call requirements stated in the terms of the employee's
137	137	40 employment agreement without the employee's consent except
138	138	41 for reasons set forth in this section.
139	139	42 (3) The employee's protections under this section.
140	140	2023 IN 1353—LS 7388/DI 77 4
141	141	1 (b) A health facility or residential care facility may not require
142	142	2 a registered nurse or licensed practical nurse to work mandatory
143	143	3 overtime, except for the following:
144	144	4 (1) Voluntary work with the employee's consent documented
145	145	5 in writing.
146	146	6 (2) A declared national, state, or local disaster or catastrophic
147	147	7 event or the implementation of a health facility's or
148	148	8 residential care facility's disaster plan that will substantially
149	149	9 affect or increase the need for health care services.
150	150	10 (3) Any circumstance in which patient care needs require the
151	151	11 continuation of a nurse's skills through the completion of a
152	152	12 procedure.
153	153	13 (c) A health facility or residential care facility may not take any
154	154	14 of the following actions against an employee for failing to consent
155	155	15 to work mandatory overtime:
156	156	16 (1) Dismissing the employee from employment.
157	157	17 (2) Withholding salary increases or employment related
158	158	18 benefits.
159	159	19 (3) Transferring or reassigning the employee.
160	160	20 (4) Denying a promotion that the employee otherwise would
161	161	21 have received.
162	162	22 (5) Demoting the employee.
163	163	2023 IN 1353—LS 7388/DI 77