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SB-296, As Passed Senate, April 15, 2026
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SUBSTITUTE FOR
SENATE BILL NO. 296
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 21526.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21526. (1) Beginning June 1, 2027, except as otherwise 1
provided in subsection (3), a hospital shall not require a 2
registered professional nurse to work more than any of the 3
following: 4
(a) The registered professional nurse's regularly scheduled 5
hours according to the registered professional nurse's 6
predetermined work schedule. 7
(b) The hours for which the registered professional nurse is 8
considered to be on call or is called into work as a result of 9
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being on call. 1
(c) The hours for which the registered professional nurse has 2
voluntarily agreed to work that exceed the hours described in 3
subdivisions (a) and (b). 4
(2) Except as otherwise provided in this subsection, if a 5
registered professional nurse works 12 or more consecutive hours 6
for a hospital, the hospital shall provide the registered 7
professional nurse 8 consecutive hours of off-duty time immediately 8
after the registered professional nurse completes that shift. A 9
registered professional nurse who has voluntarily agreed to work 10
hours that exceed the hours described in subsection (1)(a) and (b) 11
may voluntarily waive a portion of the off-duty time required under 12
this subsection, but the registered professional nurse may not 13
waive more than 4 hours of required off-duty time in a 72-hour 14
period. 15
(3) Subsection (1) does not apply under any of the following 16
circumstances: 17
(a) During a declared state of emergency or a mass casualty 18
incident. 19
(b) If a registered professional nurse is assisting with a 20
patient-care procedure that extends beyond the registered 21
professional nurse's regularly scheduled hours according to the 22
registered professional nurse's predetermined work schedule and the 23
registered professional nurse's supervisor, other than a charge 24
nurse, determines that the absence of the registered professional 25
nurse during the patient-care procedure could have an adverse 26
effect on the patient. 27
(c) During the first 4 weeks immediately following the initial 28
declaration of a public health emergency under 42 USC 247d, if the 29
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public health emergency is expected to significantly increase the 1
rate of patient hospitalization in this state. 2
(d) For 2 consecutive hours immediately following the end of a 3
registered professional nurse's regularly scheduled shift in a 4
hospital other than a hospital described in subdivision (e) if all 5
of the following are met: 6
(i) The registered professional nurse cannot be relieved due to 7
the unexpected absence of the oncoming registered professional 8
nurse who is intended to relieve the registered professional nurse. 9
(ii) The unexpected absence described in subparagraph (i) was 10
discovered at or within 1 hour before the commencement of the 11
oncoming scheduled shift. 12
(iii) The unexpected absence described in subparagraph (i) could 13
not have been prudently planned for by the hospital and it could 14
significantly impact patient safety. 15
(e) For 4 consecutive hours immediately following the end of a 16
registered professional nurse's regularly scheduled shift in a 17
hospital meeting the requirements described in section 110a(4)(b) 18
of the social welfare act, 1939 PA 280, MCL 400.110a, if all of the 19
following are met: 20
(i) The registered professional nurse cannot be relieved due to 21
the unexpected absence of the oncoming registered professional 22
nurse who is intended to relieve the registered professional nurse. 23
(ii) The unexpected absence described in subparagraph (i) was 24
discovered at or within 1 hour before the commencement of the 25
oncoming scheduled shift. 26
(iii) The unexpected absence described in subparagraph (i) could 27
not have been prudently planned for by the hospital and it could 28
significantly impact patient safety. 29
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(4) A hospital shall not discharge or discipline, threaten to 1
discharge or discipline, or otherwise discriminate against a 2
registered professional nurse who is an employee of the hospital 3
regarding the registered professional nurse's compensation, terms, 4
conditions, assignment, or privileges of employment because the 5
registered professional nurse refuses to accept a work assignment 6
that causes the registered professional nurse's hours to exceed the 7
hours described in subsection (1). 8
(5) A hospital shall post a notice that informs registered 9
professional nurses who are employed by the hospital of this 10
section and how to file a complaint with the department for a 11
suspected violation of this section. The hospital shall post the 12
notice described in this subsection in 1 or more conspicuous places 13
where notices to employees of the hospital are customarily posted 14
and, if the hospital uses an intranet site to communicate with its 15
employees, on the hospital's intranet site. 16
(6) A hospital that violates this section is subject to the 17
administrative fines prescribed in section 20165. 18
(7) If a collective bargaining agreement is in effect for 19
employees of a hospital as of June 1, 2027, and if that collective 20
bargaining agreement prevents compliance with this section, then 21
this section does not apply until after the expiration of that 22
collective bargaining agreement. 23
(8) As used in this section: 24
(a) "Declared state of emergency" means an emergency that is 25
declared by a person authorized by the federal government, a local 26
government, or this state and that is related to a circumstance 27
that is unpredictable or unavoidable, affects the delivery of 28
medical care, and requires an immediate or exceptional level of 29
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emergency or other medical services at the hospital. Declared state 1
of emergency does not include a public health emergency described 2
in subsection (3)(c) or an emergency that results from a labor 3
dispute in the health care industry or consistent understaffing in 4
the hospital. 5
(b) "Mass casualty incident" means an event with a number of 6
casualties that vastly exceeds the hospital's resources and 7
capabilities and that occurs in a short and defined period of time. 8
(c) "Registered professional nurse" means that term as defined 9
in section 17201. 10
(d) "Registered professional nurse's predetermined work 11
schedule" means the work schedule for the registered professional 12
nurse that is scheduled more than 24 hours before the beginning of 13
the registered professional nurse's shift at the hospital. 14
Enacting section 1. This amendatory act does not take effect 15
unless Senate Bill No. 297 of the 103rd Legislature is enacted into 16
law. 17