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FAQ - Mandatory Overtime/Consecutive Shifts


Can an employer require a nurse to work longer than scheduled, or to work overtime?

How many consecutive hours or shifts can a nurse work?

The Texas Board of Nursing (BON) does not have authority over work-place issues, such as schedules or number of hours worked, either consecutively, in a given time period or "on-call". In 2009, during the 81st Legislative Session, SB 476 made changes to the Nursing Practice Act (NPA) and the Health & Safety Code. SB 476 applies to hospitals and nurses working in hospital settings only.

The NPA changed with the addition of Section 301.356, Retaliation Prohibited. This new language states that "the refusal by a nurse to work mandatory overtime as authorized by Chapter 258, Health and Safety Code, does not constitute patient abandonment or neglect."

The NPA and Board Rules have always emphasized the nurse’s responsibility and duty to the patient is to provide safe and effective nursing care. While the BON has not defined the term abandonment, SB 476, permits nurses to refuse to work overtime. However, this does not diminish the duty of each individual nurse to always act in the best interest of the patient and provide for their safety. If a nurse knows, or should have known, that a patient was potentially in danger by being left unattended the nurse’s duty is always to act in the best interest of the patient.

In relation to overtime and or consecutive hours worked, the nurse has a duty to recognize when he or she is unfit to practice secondary to physical, mental, and or emotional fatigue. Nursing judgment and provision of nursing care may be impaired if a nurse is physically, mentally or emotionally exhausted, which could lead to nursing errors.

Nurses must "know and conform" with the NPA and Board Rules as well as all the laws, rules and regulations for their particular practice setting. The NPA and Board Rules have the force of law for nurses; any nurse who violates some part(s) of the NPA or Board Rules is subject to possible reporting to the Board and possible disciplinary action on his or her license.

Rule 217.11, Standards of Nursing Practice is the primary rule applied to nursing practice issues. The following standards are applicable to most practice questions, regardless of the practice setting:

Additional resources and contact information to guide nurses as they implement the new laws are:

Revised October 2009