Relating to hospital staffing report and complaint processes and to retaliation and mandatory overtime protections for nurses.

Contracts

• Employee Handbooks: Immediate revision required. Remove any language stating that refusal of mandatory overtime is automatic grounds for termination. Insert a specific non-retaliation policy for staffing complaints.
• Staffing Agency Agreements (MSAs): Review indemnification clauses with third-party nursing agencies. Clarify liability if an agency nurse refuses mandatory overtime at your facility; ensure your request to remove that nurse does not trigger joint-employer retaliation liability.

Hiring/Training

• HR Disciplinary "Stop-Gate": Train HR and Nursing Directors that no disciplinary action (suspension/termination) can be taken against a nurse without first verifying if they have recently refused mandatory overtime or filed a staffing complaint.
• CNO Briefing: The Chief Nursing Officer must be briefed on their new statutory liability. They are now personally attesting to data accuracy, not just signing a form prepared by admin staff.

Reporting & Record-Keeping

• CNO Attestation Protocol: Implement an internal "sub-certification" process where unit managers verify data to the CNO before the annual report is submitted to DSHS. Create a paper trail to prove the CNO performed due diligence.
• Refusal Logs: Document every instance of a nurse refusing mandatory overtime, specifically noting the reason provided (e.g., "patient safety" or "fatigue"). This log is your primary defense against a retaliation claim.

Fees & Costs

• No New Filing Fees: There are no new statutory fees for the report itself.
• Penalty Risk: Violations are enforced via administrative penalties or license revocation/suspension under Chapter 241 or 577.