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Battle brews over bill to ban mandatory OT
Nurses union, hospital advocates at odds over bill that would limit hours for health workers

April 16, 2001

A bill hailed by unions, including the California Nurses Association, has hospital advocates worried about the future of patient care.

The Registered Nurses and Patients Protection Act, introduced March 29 to the House of Representatives, would prohibit employers from requiring licensed health care employees to work more than eight hours in a single workday or 80 hours in any 14-day work period—except in the case of a natural disaster or declaration of emergency by federal, state or local government officials.

Nurse advocates such as CNA President Kay McVay said the bill ultimately would protect patients because exhausted nurses are not as effective in their jobs. Now, the Fair Labor Standards Act does not prohibit hospitals from using mandatory overtime, McVay said.

"We have a good number of nurses telling us that they are working 16-, 20- and 24-hour shifts, which I find appalling," she said. "Overtime is not an answer to the nursing shortage. It only exacerbates the problem."

The bill could help create a better working atmosphere for nurses, which would attract more people to the field, McVay said.

But the proposal is far less popular among hospital advocates.

"This bill could be crippling to our health care system because the crisis of the shortage is so bad," said Dianne Anderson, MS, RN, president of the American Organization of Nurse Executives. "Hospitals will not be able to provide services, which could mean diverting ambulances and canceling surgeries."

Rick Wade, senior vice president of the American Hospital Association, said that the bill punishes the health care system for the few hospitals that have abused mandatory overtime.

"That kind of legislation in this kind of environment is probably not a good idea," Wade said. "The vast majority of places only use mandatory overtime when they absolutely have to."

Reps. Tom Lantos, D-Calif.; James McGovern, D-Mass.; and Hilda Solis, D-Calif., introduced the proposal. The bill would not restrict hospitals from using voluntary overtime. These legislators promote the bill as a way to protect not only nurses but patients as well.

"This is an even bigger victory for patients," McVay said. "You cannot give proper care after 10 hours of working. It increases the possibility of mistakes."

Information on the bill, HR 1289, can be found at http://thomas.loc.gov.