§ 932.2. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: July 1, 2009
Effective: July 1, 2009
43 P.S. § 932.2
§ 932.2. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Clinical care services.” The diagnostic, treatment or rehabilitative services provided in a health care facility, including the following: radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography; radiation therapy; phlebotomy; electrocardiogram and electroencephalography; and laboratory medical services.
“Department.” The Department of Labor and Industry of the Commonwealth.
“Employee.” 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 nonsupervisory employee for collective bargaining purposes. The term includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel. 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.
“Health care facility.” 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.
(1) The term includes all of the following:
(i) 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.
(ii) 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.1
(iii) A mental retardation facility operated by the Department of Public Welfare.
(2) The term does not include any of the following:
(i) An office used primarily for private or group practice by a health care practitioner.
(ii) 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.
(iii) 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.
“On-call time.” Time spent by an employee who is not currently working on the premises of the place of employment but who:
(1) is compensated for availability; or
(2) as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.
“Reasonable efforts.” Attempts by a health care facility to:
(1) seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance;
(2) contact all qualified employees who have made themselves available to work extra time;
(3) seek the use of per diem staff; or
(4) seek personnel from a contracted temporary agency when such staff is permitted by law or regulation.
“Unforeseeable emergent circumstance.” Any of the following:
(1) An unforeseeable declared national, State or municipal emergency.
(2) A highly unusual or extraordinary event which is unpredictable or unavoidable and which substantially affects the provision of needed health care services or increases the need for health care services. This paragraph includes:
(i) an act of terrorism;
(ii) a natural disaster; and
(iii) a widespread disease outbreak.
(3) Unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer and which would significantly affect patient safety.
The term does not include vacancies that arise as a result of chronic short staffing.
Credits
2008, Oct. 9, P.L. 1376, No. 102, § 2, effective July 1, 2009.
Footnotes
Now Department of Human Services; see 62 P.S. § 103.
43 P.S. § 932.2, PA ST 43 P.S. § 932.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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