An Act To Address Mandatory Overtime for Hospital Professionals
Maine Legislature, Session 128, LD 0898
Committee: Health and Human Services
Sponsors: MASON, BELLOWS, CUSHING, VACHON
Amends: 22 MRSA §1728

Legislative Document
No. 898
S.P. 300
In Senate, March 7, 2017
An Act To Address Mandatory Overtime for Hospital Professionals
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MASON of Androscoggin.
Cosponsored by Senators: BELLOWS of Kennebec, CUSHING of Penobscot, Representative: 
VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1728 is enacted to read: 
§1728.  Mandatory overtime for hospital professionals 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Division" means the division of licensing and regulatory services within the 
department. 
B.  "Hospital" means a hospital licensed pursuant to chapter 405, including a mental 
health hospital. 
2.  Limits on mandatory overtime.  Except as provided in subsection 3, a hospital 
may not require an employee with responsibilities for direct patient care to work more 
than 12 hours in any 24-hour period unless the employee voluntarily agrees. 
3.  Exceptions.  This section does not apply to: 
A.  Work performed in response to an emergency declared by a county, state or 
federal official; 
B.  Work performed pursuant to a hospital's disaster plan; 
C.  Allopathic physicians licensed pursuant to Title 32, chapter 48; or 
D.  Osteopathic physicians licensed pursuant to Title 32, chapter 36. 
4.  Complaint.  An aggrieved employee may file a complaint with the division within 
days of a violation of subsection 2.  The division shall notify the hospital that 
committed the alleged violation within 3 business days after receiving the complaint. 
5.  Reporting.  A hospital shall regularly report to the division all instances of 
mandatory overtime and, for each instance, the circumstances necessitating the 
mandatory overtime. 
6.  Department of Labor.  This section applies in addition to the restrictions on 
mandatory overtime enforced by the Department of Labor pursuant to Title 26, section 
603. 
7.  Rulemaking.  The division shall adopt rules to implement and administer this 
section, including, but not limited to, rules regarding the manner and schedule for 
reporting by hospitals.  Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill prohibits a hospital from requiring employees that provide direct patient care 
to work more than 12 hours in any 24-hour period.  This requirement does not apply to 
physicians or in cases of a declared emergency.  An aggrieved employee may file a 
complaint with the division of licensing and regulatory services within the Department of 
Health and Human Services, which must notify the hospital involved.  Hospitals must 
report all instances of mandatory overtime work to the division, which must adopt rules 
regarding the manner and schedule for this reporting.