Call to ACTION - Nursing OT pay, RN licensure is in jeopardy!

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Hey Guys,

Now is the time to make yourself heard. I posted another thread last night asking how this new overtime rules bill would affect nurses. There is still some research to do on the actual bill, however preliminary research confirms this bill will enable employers to force overtime without pay, or face "abandonment of patient" charges -- thereby risk losing your RN credential. I included a link at the bottom with more detailed information.

If this OT bill passes as written, RNs are over a barrel. By that I mean placed RN's are placed in a very weak negotiating posture. Think about it. Employers have many incentives to have more RN's working at any time, EXCEPT for OT. New OT rules pass -- you are placed on salary. Employer says you work when they want with no additional costs to them, or they threaten your RN credential so you can't easily get hired anywhere else. Faced with that prospect, you have little choice but to oblige.

Less $$ in nursing means less people in nursing. Less nurses means more work for those who stay in nursing. More work means more situations where OT is required. More OT means more employee/mgmt confrontation, resulting in more RN's leaving nursing. Without statute protection from licensure revocation, RN's are over the barrell. This is serious.

After discussing with a few politically astute colleagues, this could be a GOP/DEM maneuver to get political cover for rising heathcare costs. They pass a few window-dressing measures, take credit for lowering costs by their ingenious bi-partisan cooperation. Remove all the spin and they accomplish their cost reductions by taking $$ away from YOU. Unfortunately, it's not all about the lost OT $$. The new OT bill will set up a situation where the possibility RN licensure being threatened is more probable than before the law was passed. There is no clause that prohibit's employers from charging "patient abandonment" in a mandatory OT dispute.

Make no mistake about it. This passage of this new OT bill would not be solely due to Republicans. The Democrats are NOT putting up much of a fight. They have their own interests in mind and it's not our necessarily our interests. They could block this if they have good reason to do so. We need to provide them and all candidates a reason.

The squeaky wheel gets attention. There comes a point when good people have to take a stand or get walked on. This is it folks. I think the moment has come where Nurses have much to lose and must act. Let's talk it up on this point. For those of you who are concerned, here is a basic strategy to get a movement started -- think of it as a starting point. I welcome everyone to put in their own creativity:

We can make it a goal to impact the election conversation. By that, I mean we bring this issue to the forefront so that Nurses are talking about this. We can't skip this step. If Nurses are not activley talking about this, we can't create a buzz anywhere else.

1. Commit yourself to making x number of phone calls per day/week. You have time for this! -- a minimum of 1 hour per week really helps.

2. Call your friends, family members, associates, school buddies, local nursing schools, nursing organizations, anybody who will listen. Tell them than Nurses are being targeted. Explain how a nurse jepordizes their license when refusing to work mandatory OT. Explain that after the OT rule change, it's in a hospital's economic interest to increase nursing hours. Ask them to contact their circle of friends first, then engage the following:

3. Contact your local press, radio shows, Congress critter, congressional and presidential candidates, represent yourself as a non-partisan independent. This latter point is VERY important. They must not get ANY sense they can take your vote for granted. You MUST appear to be a "swing voter". Tell them you are RN who is a voice for thousands of RN's in your state, and that you are very alarmed about the new OT rules and the shift of power to nurse employers. Talk nicely, professionally, never never threaten or get schrill. Make your point:

4. We want two things:

(1) Amend or defeat this bill, resulting in Nurses are paid overtime regardless of annual income.

(2) Create a statute protecting Nurses from licensure revocation due to labor disagreements concerning mandatory overtime.

5. Send a few dollars (5, 25, whatever -- money talks!) to a campaign(s) with a letter stating your position. Indicate clearly what we want. Very important: Represent yourself as a voice for thousands of RN's AND as a non-partisan independent. Include a xerox copy of a check (same $ amount) you have sent to NON-PARTISAN organization (for example cuip.org, termlimits.org, ballot-access.org, your choice). Make the point that we are not happy with the collusion of the two major parties to the detriment of Nurses.

6. Let other's know what you are accomplishing. Keep in touch with people you call. Talk with them about how they are doing. Encourage them. Post your progress on this board.

7. Creatively figure out how we can come together as a collective voice. Learn what it takes to convince fellow health professionals to give up a just a few hours of their time to engage at the political level. This is the most difficult task at hand -- you must lead by example.

8. Political activisim is a numbers game, an endurance race, and a flexability test. Keep this in mind -- don't get discouraged when you don't get a positive response. It's more important to keep plugging at it - the more contacts you make, the better chance you have of activating a passionate activist. Respect those with differing opinion, and never never burn a bridge. You don't have to share common political ideology to work together on an issue. There is a lot of power in going up to a person and saying, "I know we are on the opposite ends of the political spectrum, and I'd like to know if you and I could work together on this issue". If they are not interested, stay focused, don't get sucked into time-wasting debates -- thank them for their time and move on. If the situation warrants, call them again in a week or two, give them an update and ask them again.

In all my years in business and grassroot politics, I see this new OT bill as a serious economic threat to Nurses. I am very concerned about this b/c I am soon becoming a nurse as my second career. I urge you to take a few minutes, research it yourself, share your thoughts. If I'm all wrong about this, then it will become apparent on this board. If I'm onto something, then it will become apparent in the larger political arena.

For more information on this, ideanurse provided the following link:

http://www.hpae.org/nursemobilizeforotpay062503.htm

He provided more infomation from the Labor dept, unfortunately I can't get to in now. Take a look at my last post "Does new OT rules affect LPN RN" or something close to that.

Sincerely,

Mr_D

Thanks for the info jt.

But here's something else that I don't understand.

Why did Bush go to Congress in the first place, if this doesn't require a change in law?

Obviously it did require a change in law. But since they were shot down, they're now doing it as a regulation.

But the question is: How can they?

Is this regulation "legal"?

It was a bill to change the rules of the Fair Labor Act. If Congress had passed the bill, it would have become law. Congress rejected it and did not pass the law -- thanks to millions of calls & letters from working people all over the country. However, the President has the executive power to veto Congress & implement a new law anyway. Which is what he has promised to do with this, no matter what the working people & Congress have to say about it.

But theres another thread here with a petition to stop him. We all should sign it:

https://allnurses.com/t50772.html

Originally posted by -jt

No. Refusing to accept an assignment of mandatory overtime is not patient abandonment and has nothing to do with those statements.

American Nurses Association

"Definition: PATIENT ABANDONMENT - a unilateral severance of the ESTABLISHED nurse-patient relationship WITHOUT giving reasonable notice to the appropriate person so that arrangements can be made for continuation of nursing care by others. REFUSAL TO ACCEPT AN ASSIGNMENT (or a nurse-patient relationship) DOES NOT CONSTITUTE PATIENT ABANDONMENT."

http://nursingworld.org/about/hod03/staffing6.pdf

Workplace Rights

Patient vs. Employment Abandonment

The difference could mean your license.

Q. After declining to stay for an additional shift, two nurses on my unit gave report to another nurse and left. They were charged with "patient abandonment", and disciplinary procedures were initiated. Is this appropriate?>

A. Although some employers consider declining to work overtime and actually abandoning a patient to be the same thing, clear differences exist. For example, the Alabama Board of Nursing (BON) states, "When a nurse on duty is mandated to remain on duty for an extra shift or period of time beyond his or her established work schedule and is unable to do so, it is NOT considered abandonment if the nurse leaves the facility after exercising prudent judgment, notifying the supervisor, and appropriately reporting off to another nurse who accepts the report." Other BONs - California, Oregon, and Ohio, for example, have also defined the difference between these types of abandonment.

The nurse probably isn't considered to be abandoning the patient if she doesn't accept an assignment (for example, by declining to take report and accept a patient or by informing the employer that other responsibilities, a lack of expertise, or fatigue limit her ability to stay and provide safe and appropriate care).

The issue would then be addressed as a labor dispute between the employer and the employee. Concern for patient well-being isn't the only reason to differentiate between patient and employment abandonment; the career implications associated with these types of abandonment vary considerably. If found guilty of patient abandonment, the nurse could lose her license as well as her job. If found guilty of abandoning employment, the nurse's professional licensure remains safe, but she may lose her job. (Unionized nurses usually have additional protections against such employer actions through the grievance process negotiated in their contracts.) Despite clear differences between these types of abandonment, employers consistently raise the specter of "patient abandonment" when trying to enforce mandatory overtime.

Employer directives that attempt to supersede the professional judgment and prerogatives of a licensed clinician, such as requiring a nurse to work an additional shift when she believes it's unsafe, clearly overstep the boundaries of what is appropriate. Clarifying one's response by asserting that one made a professional assessment of patient safety puts employers on notice that they are legally responsible for the provision of sufficient staffing......>>>

http://www.ANA.org

hi jt, i'm a new member and am jsut trying to make some new friends.I was reading your post and have a question to ask. I'm a student in an LPN program currently and have plans to go from LPN to RN. at this moment, I'm a surgical tech/OR tech. but wish ro persue my RN career. I would like to stay stationed in the OR when I complete my goal. but anyway my question is "since I would hold a split position, you know a scrub nurse/or tech , would they also be able to force me to do over time as well? I read somewhere in another post that I should try to register with other agents to cover myself if I was invoulitarily unemployed for refusing over time. but if I was a scrub tech, that held an RN, would this affect me as well, like the other RNs? :confused:
Originally posted by -jt

No. Refusing to accept an assignment of mandatory overtime is not patient abandonment and has nothing to do with those statements.

American Nurses Association

"Definition: PATIENT ABANDONMENT - a unilateral severance of the ESTABLISHED nurse-patient relationship WITHOUT giving reasonable notice to the appropriate person so that arrangements can be made for continuation of nursing care by others. REFUSAL TO ACCEPT AN ASSIGNMENT (or a nurse-patient relationship) DOES NOT CONSTITUTE PATIENT ABANDONMENT."

http://nursingworld.org/about/hod03/staffing6.pdf

Workplace Rights

Patient vs. Employment Abandonment

The difference could mean your license.

Q. After declining to stay for an additional shift, two nurses on my unit gave report to another nurse and left. They were charged with "patient abandonment", and disciplinary procedures were initiated. Is this appropriate?>

A. Although some employers consider declining to work overtime and actually abandoning a patient to be the same thing, clear differences exist. For example, the Alabama Board of Nursing (BON) states, "When a nurse on duty is mandated to remain on duty for an extra shift or period of time beyond his or her established work schedule and is unable to do so, it is NOT considered abandonment if the nurse leaves the facility after exercising prudent judgment, notifying the supervisor, and appropriately reporting off to another nurse who accepts the report." Other BONs - California, Oregon, and Ohio, for example, have also defined the difference between these types of abandonment.

The nurse probably isn't considered to be abandoning the patient if she doesn't accept an assignment (for example, by declining to take report and accept a patient or by informing the employer that other responsibilities, a lack of expertise, or fatigue limit her ability to stay and provide safe and appropriate care).

The issue would then be addressed as a labor dispute between the employer and the employee. Concern for patient well-being isn't the only reason to differentiate between patient and employment abandonment; the career implications associated with these types of abandonment vary considerably. If found guilty of patient abandonment, the nurse could lose her license as well as her job. If found guilty of abandoning employment, the nurse's professional licensure remains safe, but she may lose her job. (Unionized nurses usually have additional protections against such employer actions through the grievance process negotiated in their contracts.) Despite clear differences between these types of abandonment, employers consistently raise the specter of "patient abandonment" when trying to enforce mandatory overtime.

Employer directives that attempt to supersede the professional judgment and prerogatives of a licensed clinician, such as requiring a nurse to work an additional shift when she believes it's unsafe, clearly overstep the boundaries of what is appropriate. Clarifying one's response by asserting that one made a professional assessment of patient safety puts employers on notice that they are legally responsible for the provision of sufficient staffing......>>>

http://www.ANA.org

hi jt, i'm a new member and am jsut trying to make some new friends.I was reading your post and have a question to ask. I'm a student in an LPN program currently and have plans to go from LPN to RN. at this moment, I'm a surgical tech/OR tech. but wish ro persue my RN career. I would like to stay stationed in the OR when I complete my goal. but anyway my question is "since I would hold a split position, you know a scrub nurse/or tech , would they also be able to force me to do over time as well? I read somewhere in another post that I should try to register with other agents to cover myself if I was invoulitarily unemployed for refusing over time. but if I was a scrub tech, that held an RN, would this affect me as well, like the other RNs? :confused:

Mandatory ot is not only being forced on nurses. Aides, LPNs, techs as well as RNs are being forced to work overtime. The states that have passed laws banning mandatory ot, or are in the process of doing so, have made it so the law applies to all healthcare workers - not just nurses. If youre in a state that doesnt have such a law, you can be forced to work overtime now no matter what your job is. If youre a tech and refuse, you can be fired for insubordination. If youre a nurse and refuse, they can threaten you with discipline on your license in addition to firing you.

One question - why would you take a job as a tech if you have an RN license? Thats not a good thing to do. As a tech, you have a different scope of practice than you would as an RN. If you do something that is in the RNs scope practice because you are RN, but are working as a tech, you could be in trouble. On the other hand, you are also held to your highest level of education. Its too confusing. Too much room for error. If you have an RN license, work as an RN. If you like the OR, work as an OR RN.

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.
Originally posted by -jt

But theres another thread here with a petition to stop him. We all should sign it:

https://allnurses.com/t50772.html

DONE!!!! thank you for this avenue to express our outrage at this legislation.

Originally posted by -jt

However, the President has the executive power to veto Congress & implement a new law anyway. Which is what he has promised to do with this, no matter what the working people & Congress have to say about it.

One crazy man should not be allowed to have that much power. :mad:

DEC 1st began the NATIONAL WEEK OF ACTION TO SAVE OVERTIME PAY

The nationwide mobilization of petitions, e-mail campaigns and other actions is a response to the Bush administration's attack on overtime pay protections under the Fair Labor Standards Act (FLSA). The new FLSA overtime pay rules could slash the paychecks of as many as 8 million workers.

Earlier this year, both the Senate and House voted in favor of an overtime pay guarantee in an amendment to the fiscal year 2004 Labor, Health and Human Services appropriations bill. But Bush administration veto threats and House Republican leaders' strong-arm tactics stripped the amendment from the appropriations bill, which was combined into on omnibus bill with several other unfinished appropriations. That action allowed "President George W. Bush to shove through the biggest pay cut ever for workers at the behest of giant corporations," AFL-CIO President John Sweeney said.

Sens. Tom Harkin (D-Iowa), who sponsored the original overtime pay guarantee amendment, and Arlen Specter (R-Pa.) are expected to introduce new legislation to stop the Bush attack on overtime pay when the Senate reconvenes in January.>>>>>>

http://www.aflcio.org/aboutaflcio/wip/wip12012003.cfm

the petition to stop Bush from eliminating overtime pay for millions can be signed online at http://www.saveovertimepay.org/

Pass it on.....

How would this be for a letter?

I am specifically concerned about how the proposed overtime laws would affect medical professionals. As you are well aware, there is a nursing shortage. Nurses across this land are being forced to work overtime in certainly less than ideal conditions--too many patients for too few nurses and little/no assistance from auxillary healthcare workers. I'm sure you understand that by taking away the OT deterrant of paying extra money for working extra hours, nothing is to stop hospitals from making mandatory overtime more prevalent.

Ask any nurse and they will tell you they just want to help people. The money itself is of little concern for the nurses. Putting nurses in a situation where a stressful, tiring occupation becomes more stressful and more tiring is where the concern lies. And of course such a situation benefits noone--not the nurses, not the patients, and certainly not the hospitals. I believe it is safe to say noone wants to put their lives in the hands of someone who must rely on critical thinking and astute observations at the end of their third straight 16 hour shift.

Please consider this before finalizing your overtime laws. Above all remember, your decision could very well have a direct impact on you or someone close to you, if Heaven forbid, they were to become acutely ill and have to be hospitalized.

God bless you and your family.

Does it get the point across in a respectful way?

psychrn03:

I like your letter.

I've been told a personal rather than a form letter gets attention.

I usually e- mail and copy the text in proper letter form with a hand written signature.

Phone calls are good too. The staff notes each call.

Here is information on contactine your federal elected representatives:

http://www.congressmerge.com/onlinedb/index.htm

I sent info about this to everyone I know. It so happens my mother sent a letter to her rep and this was part of the response she received:

"The House & Senate each passed legislation that overturned the Bush Administration's regulatory actions eliminating overtime pay. Unfortunately, the White House & the Majority Party Congressional leaders ignored this legislation as well as the will of the American people when they eliminated the overtime repeal provisions from the final appropriations legislation for FY 2004; thereby allowing the Bush Administration overtime pay repeal regulations to remain in effect."

So many thoughts...so many words come to mind...I'll end this post with one: pitiful.

:angryfire

Specializes in Adolescent Psych, PICU.

I was talking to my mom about all this tonight and we were looking online and I was not able to find much of anything with this and what all Bush has to say about it.

I'm not really sure where all to look so maybe can someone send me in the right direction or have any links on what Bush or his administration has actually said about this?

What about all the other candidates, what specifically have they said on this?

And please I really do want actual links and stuff, not just what anyone "heard" or whatnot.

It's all kinda scarey to me....

Marilyn

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