[Congressional Record Volume 147, Number 157 (Wednesday, November 14, 2001)]
[Senate]
[Page S11794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Kerry, Mr. Reid, Mr. Wellstone, 
        and Mrs. Clinton):
  S. 1686. A bill to amend title XVIII of the Social Security Act to 
provide for patient protection by limiting the number of mandatory 
overtime hours a nurse may be required to work in certain providers of 
services to which payments are made under the Medicare Program; to the 
Committee on Finance.
  Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues, 
Senator Kerry, Senator Reid, Senator Wellstone, and Senator Clinton, in 
introducing the Safe Nursing and Patient Care Act.
  Current Federal safety standards limit work hours for pilots, flight 
attendants, truck drivers, railroad engineers and other professionals, 
in order to protect the public safety. However, no similar limitation 
currently exists for the Nation's nurses, who care for many of our most 
vulnerable Americans.
  The Safe Nursing and Patient Care Act will limit mandatory overtime 
for nurses in order to protect patient safety and improve working 
conditions for nurses. Across the country, the widespread practice of 
mandatory overtime means that over-worked nurses are often required to 
provide care in circumstances that are unacceptable. Restricting 
mandatory overtime will ensure that nurses are ready and able to 
provide the highest quality of care to their patients.
  As Linda McMahon, an emergency room nurse at Brockton Hospital in 
Massachusetts said, ``After no supper break, no time to go to the 
bathroom, you're on your feet for a solid 8\1/2\ hours, and then they 
look at you and say you're going to work for another shift.''
  Some hospitals are taking action to deal with this serious problem. 
Brockton Hospital in Brockton, MA, and St. Vincent Hospital in 
Worcester, MA both recently agreed to limit mandatory overtime as part 
of negotiations following successful strikes by nurses. These limits 
will protect patients and improve working conditions for nurses, and 
they will also have a significant role in the recruitment and retention 
of nurses in the future.
  Job dissatisfaction and overtime hours are major factors in the 
current shortage of nurses. Nationally, the shortfall is expected to 
rise to 20 percent in the coming years. The goal of the Safe Nursing 
and Patient Care Act will play an important role in improving the 
quality of life for nurses, so that more persons will enter the nursing 
profession and remain in it.
  The bill limits mandatory overtime to declared states of emergency. 
Clearly, there are times when other options are exhausted and hospitals 
need additional help, and the bill takes account of such needs. The 
bill requires health providers to inform nurses of these new rights, 
and nurses who report violations are guaranteed protection from 
workplace discrimination. In addition, the bill requires the Agency for 
Health Care Research and Quality to report to Congress on appropriate 
standards for the maximum numbers of hours a nurse may work in a wide 
variety of health settings without compromising patient care.
  Improving working conditions for nurses is an essential part of our 
ongoing effort to reduce medical errors, improve patient outcomes, and 
encourage more Americans to become and remain nurses. The power of 
providers to force nurses to work beyond what is safe for themselves 
and their patients is one of the major disincentives to pursuing or 
continuing a career in nursing. The Safe Nursing and Patient Care Act 
is a significant step that Congress can take to support the Nation's 
nurses and I urge my colleagues to support it.
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