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SB 296

Health facilities: hospitals; mandatory overtime for nurses; prohibit except under certain circumstances. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21526. TIE BAR WITH: SB 0297'25

2025-2026 Regular Session Introduced by Rosemary Bayer and 17 co-sponsors

Prohibits hospitals from mandating RNs to work beyond scheduled or agreed hours, with guaranteed rest after 12+ hour shifts and protections for refusing excessive assignments.

referred to Committee on Government Operations
#healthfacilities:hospitals #healthoccupations:nurses #labor:hoursandwages #stateagencies(existing):licensingandregulatoryaffairs
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Bill Summary · SB 296

SB 296 (2025) — Hospitals: prohibition on mandatory nurse overtime (Michigan)

Status: Introduced Feb 10, 2025; Referred to Committee on Regulatory Affairs.
Tie bar: Bill contains an enactment condition — it does not take effect unless SB 297 of the 103rd Legislature is also enacted.

Main purpose

To prohibit Michigan hospitals from mandating registered professional nurses (RNs) to work beyond specified hours, establish minimum rest periods after long shifts, protect nurses who refuse excessive assignments, and create basic notice and enforcement requirements for hospitals.

Key provisions

  • Prohibition on mandatory overtime
    • A hospital shall not require an RN to work more than any of the following:
    • The RN’s regularly scheduled hours on their predetermined work schedule;
    • Hours the RN is on call or is called in because they were on call;
    • Hours the RN has voluntarily agreed to work that exceed (a) and (b).
  • Minimum rest after long shifts
    • If an RN works 12 or more consecutive hours for a hospital, the hospital must provide 8 consecutive hours off immediately after that shift.
  • Protections for refusal
    • Hospitals may not discharge, discipline, threaten, or otherwise retaliate against an RN who refuses an assignment that would violate the statute (including compensation, terms, conditions, assignment, or privileges).
  • Posting and complaint process
    • Hospitals must post conspicuous notices informing employed RNs of the statute and how to file complaints with the Department of Licensing and Regulatory Affairs (LARA) for suspected violations; post on employee noticeboards and intranet if used.
  • Enforcement and sanctions
    • Violations subject the hospital to administrative sanctions under existing hospital regulatory provisions (see MCL section cited in the bill, e.g., section 20165).
  • Collective bargaining
    • If a hospital has an existing collective bargaining agreement (CBA) in effect on the bill’s effective date that prevents compliance, the bill does not apply until that CBA expires.

Specified exceptions (when hospitals may require extra hours)

The prohibition does not apply in these circumstances:
- Declared state of emergency or a mass casualty incident.
- An RN is engaged in a patient-care procedure that extends past scheduled hours and the RN’s immediate supervisor (other than a charge nurse) determines the RN’s absence would adversely affect the patient.
- During the first 4 weeks immediately following an initial federal public health emergency declaration under 42 U.S.C. §247d when a large increase in hospitalizations is expected.
- Temporary, limited-duration coverage when an oncoming RN’s unexpected absence (discovered at or within one hour before the oncoming shift) cannot be remedied and could significantly impact patient safety:
- Up to 2 consecutive hours extension in most hospitals;
- Up to 4 consecutive hours extension for hospitals meeting the criteria described in MCL 400.110a(4)(b).

Defined terms in the bill include "declared state of emergency," "mass casualty incident," "registered professional nurse" (as defined in MCL section 17201), and "registered professional nurse's predetermined work schedule" (scheduled more than 24 hours before shift start).

Who/what is affected

  • Directly affected: hospitals licensed in Michigan and their employed registered professional nurses.
  • Indirectly: hospital operations and scheduling/ staffing policies, nurse collective bargaining units, and patients (through impacts on staffing and continuity of care).

Procedural/timing notes

  • Introduced in the Michigan Senate Feb 10, 2025 and referred to Regulatory Affairs.
  • The bill’s enactment is conditional: it does not take effect unless SB 297 is enacted.
  • Enforcement would occur through existing administrative sanction mechanisms once effective.

Potential impacts (practical considerations)

  • For nurses: stronger protection against compulsory extended shifts and guaranteed rest after long shifts.
  • For hospitals: need to revise staffing/scheduling practices, contingency staffing plans, and compliance posting procedures; potential operational and fiscal effects if additional staffing or temporary personnel are required.
  • During emergencies and short-notice staffing gaps, hospitals retain limited authority to extend shifts under the bill’s enumerated exceptions.

Compiled from official sources — confirm details with the bill’s official record.

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