§ 23-17.20-2 - Definitions.
SECTION 23-17.20-2
§ 23-17.20-2 Definitions. – As used in this chapter:
(1) "Employee" means a nurse licensed pursuant to chapter5-34, and a certified nurse assistant registered pursuant to chapter 23-17.9,provided further, that such term shall not include certified registered nurseanesthetists or resident physicians; and provided further, that for purposes ofthis chapter, said nurse and/or nursing assistant shall be paid on the basis ofan hourly wage. As used in this chapter, the term "employee" shall not includea person who is paid an annual salary, and shall not include employees who areworking pre-scheduled "on-call time" in the surgical department of a healthcare facility.
(2) "Employer" means a person, partnership, association,corporation or group of persons acting directly or indirectly in the interestof a health care facility;
(3) "Health care facility" means any private, public or statehospital;
(4) "On-call time" means time spent by an employee who is notworking on the premises of the place of employment but who is compensated foravailability or who, as a condition of employment, has agreed to be availableto return to the premises of the place of employment on short notice if theneed arises;
(5) "Reasonable efforts" means that the employer shall:
(i) Seek persons who volunteer to work extra time from allavailable qualified staff who are working at the time of the unforeseeableemergent circumstance;
(ii) Contact all qualified employees who have made themselvesavailable to work extra time; and
(iii) Seek the use of per diem staff;
(6) "Regular hourly wage" means the amount that an employeeis regularly paid for each hour of work as determined by dividing the totalhours of work during the week into the employee's total earnings for the week,exclusive of pay for overtime work;
(7) "Unforeseeable emergent circumstance" means anunpredictable occurrence relating to health care delivery that requiresimmediate action, and which shall include a major power outage, a public healthemergency, an irregular increase in patient census, or an irregular increase inthe number of employees not reporting for predetermined scheduled work shifts.