Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Terms used in
				this chapter have the same meanings and are defined in the same manner as the
				act.
(b) In addition to the
				provisions of subsection (a), the following words and terms, when used in this
				chapter, have the following meanings, unless the context clearly indicates
				otherwise:
Act
-The Prohibition of Excessive Overtime in
				  Health Care Act (43 P. S. §§
											932.1-932.6).
Bureau
-The Bureau of Labor Law Compliance or
				  its successor bureau within the Department assigned enforcement of the
				  act.
Department
-The Department of Labor and
				  Industry of the Commonwealth.
Employee
-
(i) An individual employed by a health care
				facility or by the Commonwealth or a political subdivision or instrumentality
				of the Commonwealth who is involved in direct patient care activities or
				clinical care services and who receives an hourly wage or is classified as a
				nonsuperp-visory employee for collective bargaining purposes.
(ii) The term includes an individual employed
				through a personnel agency that contracts with a health care facility to
				provide personnel.
(iii) The term
				does not include a physician, physician assistant, dentist or worker involved
				in environmental services, clerical, maintenance, food service or other job
				classification not involved in direct patient care and clinical care services.
Employer
-A health care facility as defined
				  in section 2 of the act (43 P. S. §
											932.2) or the Commonwealth, a political
				  subdivision or an instrumentality of the Commonwealth engaged in direct patient
				  care activities or clinically-related health services.
Health care facility
-
(i) A facility which provides clinically
				related health services, regardless of whether the operation is for profit or
				nonprofit and regardless of whether operation is by the private sector or by
				State or local government.
(ii) The
				term includes:
(A) A general or special
				hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an
				ambulatory surgical facility, a long-term care nursing facility, a cancer
				treatment center using radiation therapy on an ambulatory basis, and an
				inpatient drug and alcohol treatment facility.
(B) A facility which provides clinically
				related health services and which is operated by the Department of Corrections,
				the Department of Health, the Department of Military and Veterans Affairs or
				the Department of Public Welfare.
(C) A mental retardation facility operated by
				the Department of Public Welfare.
(iii) The term does not include:
(A) An office used primarily for private or
				group practice by a health care practitioner.
(B) A facility providing treatment solely on
				the basis of prayer or spiritual means in accordance with the tenets of a
				church or a religious denomination.
(C) A facility conducted by a religious
				organization for the purpose of providing health care services exclusively to
				clergy or other individuals in a religious profession who are members of the
				religious denomination conducting the facility.
Secretary
-The Secretary of the Department or
				  the Secretary's designee.
Violation
-Each discrete time that a health
				  care facility or employer does not comply with the act.
Witness
-A person with personal knowledge of
				  an alleged violation of the act.