Introduced Version
HOUSE BILL No. 1353
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-21-2; IC 16-28-2-13.
Synopsis: Health care staffing. Requires a hospital to establish a nurse
staffing council or assign the functions of the council to an entity in the
hospital to develop a nurse staffing plan and review any reported
deviations from the plan. Prohibits a hospital from taking certain
actions against an employee or contract worker for filing a deviation
report. Prohibits a hospital, ambulatory outpatient surgery center,
health facility, or residential care facility from requiring a registered
nurse or licensed practical nurse to work mandatory overtime.
Establishes exceptions. Prohibits a hospital, ambulatory outpatient
surgery center, health facility, or residential care facility from taking
certain actions against an employee who does not consent to work
mandatory overtime.
Effective: July 1, 2023.
Ledbetter
January 17, 2023, read first time and referred to Committee on Public Health.
2023 IN 1353—LS 7388/DI 77 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1353
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-84, AS AMENDED BY P.L.141-2014,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 84. (a) "Council", for purposes of
4 IC 16-21-2-18, has the meaning set forth in IC 16-21-2-18(b).
5 (b) "Council", for purposes of IC 16-46-6, refers to the interagency
6 state council on black and minority health.
7 SECTION 2. IC 16-18-2-214.8 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2023]: Sec. 214.8. "Mandatory overtime",
10 for purposes of IC 16-21-2 and IC 16-28-2, means hours an
11 employee is required to work, including being on call, in excess of
12 the hours specified by an employee's employment agreement.
13 SECTION 3. IC 16-21-2-18 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2023]: Sec. 18. (a) As used in this section, "council" means a
16 nurse staffing council established in a hospital or an entity to which
17 functions are assigned in a hospital under subsection (b).
2023 IN 1353—LS 7388/DI 77 2
1 (b) Each hospital shall:
2 (1) establish a council; or
3 (2) assign the functions of the council that meet the
4 requirements under this section to a similar existing entity
5 within the hospital.
6 (c) At least fifty-one percent (51%) of the members of the
7 council must be registered nurses who spend at least fifty percent
8 (50%) of work time in direct patient care.
9 (d) Each council shall do the following:
10 (1) Assist in developing an annual patient care unit and shift
11 based nurse staffing plan, with protocols for adjusting staffing
12 levels.
13 (2) Provide the nurse staffing plan to all nurses who work at
14 the hospital.
15 (3) Provide employees and contract workers of the hospital
16 the opportunity to report to the council any deviations where
17 the nurse personnel assignment in a patient care unit does not
18 comply with the adopted staffing plan.
19 (4) Meet at least quarterly to review deviation reports that
20 have been filed by employees or contract workers of the
21 hospital.
22 (e) A hospital may not take any of the following actions against
23 an employee or contract worker for filing a deviation report under
24 subsection (d):
25 (1) Dismissing the employee or contract worker from
26 employment.
27 (2) Withholding salary increases or employment related
28 benefits.
29 (3) Transferring or reassigning the employee or contract
30 worker.
31 (4) Denying a promotion that the employee or contract
32 worker otherwise would have received.
33 (5) Demoting the employee or contract worker.
34 SECTION 4. IC 16-21-2-19 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2023]: Sec. 19. (a) Beginning January 1, 2024, a hospital or
37 ambulatory outpatient surgical center must inform a current
38 employee and prospective employee of the following:
39 (1) The hours and on call requirements stated in the
40 employee's employment agreement with the hospital or
41 ambulatory outpatient surgical center.
42 (2) That the hospital or ambulatory outpatient surgical center
2023 IN 1353—LS 7388/DI 77 3
1 may not require the employee to work in excess of the hours
2 and on call requirements stated in the terms of the employee's
3 employment agreement without the employee's consent except
4 for reasons set forth in this section.
5 (3) The employee's protections under this section.
6 (b) A hospital or ambulatory outpatient surgery center may not
7 require a registered nurse or licensed practical nurse to work
8 mandatory overtime, except for the following:
9 (1) Voluntary work with the employee's consent documented
10 in writing.
11 (2) A declared national, state, or local disaster or catastrophic
12 event or the implementation of a hospital's or ambulatory
13 outpatient surgery center's disaster plan that will
14 substantially affect or increase the need for health care
15 services.
16 (3) Any circumstance in which patient care needs require the
17 continuation of a nurse's skills through the completion of a
18 procedure.
19 (c) A hospital or ambulatory outpatient surgery center may not
20 take any of the following actions against an employee for failing to
21 consent to work mandatory overtime:
22 (1) Dismissing the employee from employment.
23 (2) Withholding salary increases or employment related
24 benefits.
25 (3) Transferring or reassigning the employee.
26 (4) Denying a promotion that the employee otherwise would
27 have received.
28 (5) Demoting the employee.
29 SECTION 5. IC 16-28-2-13 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2023]: Sec. 13. (a) Beginning January 1, 2024, a health facility or
32 residential care facility must inform a current employee and
33 prospective employee of the following:
34 (1) The hours and on call requirements stated in the
35 employee's employment agreement with the health facility or
36 residential care facility.
37 (2) That the health facility or residential care facility may not
38 require the employee to work in excess of the hours and on
39 call requirements stated in the terms of the employee's
40 employment agreement without the employee's consent except
41 for reasons set forth in this section.
42 (3) The employee's protections under this section.
2023 IN 1353—LS 7388/DI 77 4
1 (b) A health facility or residential care facility may not require
2 a registered nurse or licensed practical nurse to work mandatory
3 overtime, except for the following:
4 (1) Voluntary work with the employee's consent documented
5 in writing.
6 (2) A declared national, state, or local disaster or catastrophic
7 event or the implementation of a health facility's or
8 residential care facility's disaster plan that will substantially
9 affect or increase the need for health care services.
10 (3) Any circumstance in which patient care needs require the
11 continuation of a nurse's skills through the completion of a
12 procedure.
13 (c) A health facility or residential care facility may not take any
14 of the following actions against an employee for failing to consent
15 to work mandatory overtime:
16 (1) Dismissing the employee from employment.
17 (2) Withholding salary increases or employment related
18 benefits.
19 (3) Transferring or reassigning the employee.
20 (4) Denying a promotion that the employee otherwise would
21 have received.
22 (5) Demoting the employee.
2023 IN 1353—LS 7388/DI 77