The legislation, which will take effect on July 1st, 2009, bans hospitals and other healthcare facilities in New York State from forcing nurses to work beyond their scheduled hours. The intended impact includes improved patient and nurse safety, decreased medical errors, and decreased burnout and attrition from the nursing profession due to over-work and occupational stress. 

While exceptions are made for natural disasters, states of emergency, a nurse taking part in an ongoing medical or surgical procedure, a nurse volunteering for overtime, or when no other safe staffing alternative is available, many groups appear content with the wording of the law, including the Service Employees International Union (SEIU), a major lobbyist for the legislation since 2000.

Based on statements from several medical facilities, some hospital administrators and nurse managers feel that the legislation will only serve to exacerbate the current nursing shortage. Conversely, nursing groups and nurse advocates argue that burnout and stress are one of the leading causes of attrition from the nursing profession, and by enacting legislation that decreases stress and diminishes the potential for burnout, such protections will, over time, actually serve to decrease the long-term impact of the nationwide nursing shortage. 

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NurseKeith is a nurse, consultant, writer and blogger. Please feel free to visit his blog, Digital Doorway. 

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