Current through Register Vol. 54, No. 44, November 2, 2024
(a) Terms used in
this chapter have the same meanings and are defined in the same manner as the
act.
(b) In addition to the
provisions of subsection (a), the following words and terms, when used in this
chapter, have the following meanings, unless the context clearly indicates
otherwise:
Act-The Prohibition of Excessive Overtime in
Health Care Act (43 P. S. §§ 932.1-932.6).
Bureau-The Bureau of Labor Law Compliance or
its successor bureau within the Department assigned enforcement of the
act.
Department-The Department of Labor and
Industry of the Commonwealth.
Employee-
(i) 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
nonsuperp-visory employee for collective bargaining purposes.
(ii) The term includes an individual employed
through a personnel agency that contracts with a health care facility to
provide personnel.
(iii) 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.
Employer-A health care facility as defined
in section 2 of the act (43 P. S. §
932.2) or the Commonwealth, a political
subdivision or an instrumentality of the Commonwealth engaged in direct patient
care activities or clinically-related health services.
Health care facility-
(i) 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.
(ii) The
term includes:
(A) 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.
(B) 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.
(C) A mental retardation facility operated by
the Department of Public Welfare.
(iii) The term does not include:
(A) An office used primarily for private or
group practice by a health care practitioner.
(B) 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.
(C) 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.
Secretary-The Secretary of the Department or
the Secretary's designee.
Violation-Each discrete time that a health
care facility or employer does not comply with the act.
Witness-A person with personal knowledge of
an alleged violation of the act.
