I. A registered nurse, licensed practical nurse, or a licensed nursing assistant licensed under RSA 326-B shall not be disciplined, or lose any right, benefit, or privilege for refusing to work more than 12 consecutive hours, except as provided in paragraph II. A nurse may be disciplined for refusing mandatory overtime in a case when overtime is required under paragraph II. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this subdivision, shall be allowed at least 8 consecutive hours of off-duty time immediately following the worked overtime. II. The prohibition against mandatory overtime shall not apply to: (a) A nurse participating in surgery, until the surgery is completed; (b) A nurse working in a critical care unit, until another employee beginning a scheduled work shift relieves him or her; (c) A nurse working in a home health care setting, until another qualified nurse or customary caregiver relieves him or her; (d) A public health emergency; or (e) A nurse covered by a collective bargaining agreement containing provisions addressing the issue of mandatory overtime.
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