04/14/2009 01:00 PM Senate LABOR & COMMERCE

          SB  12-LIMIT OVERTIME FOR REGISTERED NURSES                                                                       
                                                                                                                                
1:14:30 PM                                                                                                                    
CHAIR PASKVAN announced SB 12 to be up for consideration.                                                                       
                                                                                                                                
SENATOR THOMAS  moved to  adopt CSSB  12, labeled 26-LS0075\E,  as                                                              
the  working document.  There were  no  objections and  it was  so                                                              
ordered.                                                                                                                        
                                                                                                                                
TOM  OBERMEYER,  staff  to  Senator   Davis,  sponsor  of  SB  12,                                                              
explained that  the CS makes two  changes, both exceptions  to the                                                              
overtime provisions of  the bill. The first is on  page 3, line 19                                                              
- page  4, line  3, that  addresses the  exception of the  16-hour                                                              
shifts   at    psychiatric   residential   treatment    hospitals,                                                              
psychiatric treatment  centers and secure residential  psychiatric                                                              
treatment  centers. This  accommodates  the  modified Baylor  Plan                                                              
that was described  at the North Star Behavioral  facilities.  The                                                              
second exception is  on page 5, line 31 - page 6,  line 4, that is                                                              
new and includes  provisions not applicable to  nurses employed in                                                              
federal  or tribal  facilities. In  doing this,  the drafter  also                                                              
deleted  the word  "federal" on  page 6,  lines 8  and 16, in  the                                                              
definition of "health  care facility" because the  drafter felt it                                                              
would  be better  to  have  a separate  provision  exempting  this                                                              
particular  group  rather  than   including  it  under  the  long-                                                              
enumerated exceptions on page 2.                                                                                                
                                                                                                                                
SENATOR BUNDE  asked why  he felt the  need to explicitly  exclude                                                              
federal facilities.  He thought federal  law trumped state  law in                                                              
any case.                                                                                                                       
                                                                                                                                
MR. OBERMEYER  answered that last  year this question  was brought                                                              
up by Native  facilities, and he got opposing  determinations. One                                                              
determined  that federal  law  preempts state  law  and the  other                                                              
side determined  that since these  facilities are licensed  by the                                                              
state  that  the  provisions  would  apply  to  these  facilities.                                                              
Rather than  get into an argument  about it again this  year, they                                                              
decided  to exempt  them. Many of  these facilities  in the  rural                                                              
areas are already adequately run.                                                                                               
                                                                                                                                
1:19:51 PM                                                                                                                    
SENATOR  BUNDE  asked  if  it  wasn't  because  those  nurses  had                                                              
different work schedules and had the nurses do less overtime.                                                                   
                                                                                                                                
MR. OBERMEYER replied no.                                                                                                       
                                                                                                                                
SENATOR MEYER  asked him  to explain  the amendment pertaining  to                                                              
the Baylor Plan.                                                                                                                
                                                                                                                                
Mr. OBERMEYER  went to page 3, line  19, that states that  a nurse                                                              
who is  employed at a psychiatric  treatment hospital  that treats                                                              
only  adolescents   and  children,   at  residential   psychiatric                                                              
treatment  center under AS  18.07. and  AS 47.12  and in  a secure                                                              
residential  psychiatric  treatment  center, if  they  voluntarily                                                              
work a 16-hour shift  for the period between 5 on  Friday and 8 on                                                              
Monday  that immediately  follows  and receives  pay and  benefits                                                              
for that work  or equal or greater  than the pay or  benefits that                                                              
nurse  would receive  for working  20 hours in  the same  position                                                              
and during that  period does not work a 16-hour  shift consecutive                                                              
with  another shift  of 8  hours  or more  without an  intervening                                                              
break of  8 hours. This was  originally a 12-hour weekend  plan by                                                              
Baylor University  and was changed  to 16-hour shifts.  These seem                                                              
like   extremely   long   hours,  but   these   facilities   don't                                                              
necessarily  require  the acute  care  that  would occur  in  many                                                              
other facilities that require surgery and that kind of thing.                                                                   
                                                                                                                                
1:21:54 PM                                                                                                                    
He said the Nurses Association supported this provision.                                                                        
                                                                                                                                
SENATOR MEYER  asked why the  exemption is limited  to psychiatric                                                              
institutions. His  concern is that this would  prohibit other non-                                                              
psychiatric facilities  like Providence from being able  to have a                                                              
Baylor Plan.                                                                                                                    
                                                                                                                                
MR. OBERMEYER  replied that  he didn't  think this would  prohibit                                                              
them from having a Baylor Plan; they already work three 12-                                                                     
shifts that  are not considered  overtime as a 40-hour  work week.                                                              
He  said   this  exemption  was   designed  for  the   North  Star                                                              
facilities in Anchorage.                                                                                                        
                                                                                                                                
SENATOR MEYER  said he still thinks  it would keep any  other non-                                                              
psychiatric hospitals  from going  to a 16-hour  work day  if they                                                              
so desire.                                                                                                                      
                                                                                                                                
SENATOR DAVIS said  this provision was in the bill  before and was                                                              
accepted by all concerned including Providence.                                                                                 
                                                                                                                                
1:25:43 PM                                                                                                                    
SENATOR  THOMAS   moved  to  report  CSSB  12,   version  E,  from                                                              
committee  with  individual recommendations  and  attached  fiscal                                                              
note(s).  There were  no objections  and CSSB  12(L&C) moved  from                                                              
committee.