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Your rights / Mandatory overtime and staffing

Mandatory overtime and staffing

Whether your employer can make you stay past your shift, and which states set ratios, staffing plans or committees you can use.

Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.

General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.

Mandatory overtime

Federal law, every state

Federal wage law does not limit how many hours an adult can be required to work; it only requires overtime pay. Limits on mandatory overtime come from state law, a union contract or employer policy.

Who it covers: Workers aged 16 and older.

"There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek."

U.S. DOL Wage and Hour Division, Overtime Pay · Checked November 10, 2026

State law

Alaska

In an Alaska health care facility, you can't be required or pressured to work past your agreed, regularly scheduled shift, or to take overtime you judge would jeopardize patient or employee safety. After your scheduled shift you're entitled to at least 10 consecutive hours off. Overtime you volunteer for falls outside these limits only while you stay within 14 consecutive hours. A complaint to the state labor commissioner has to be filed within 30 days of the violation.

Who it covers: RNs and LPNs giving direct patient care in Alaska health care facilities, except facilities run by the federal government or a tribal health organization.

Limits and exceptions to know (the law may have others; read the source):

  • Doesn't cover you at a facility run by the federal government (VA, military, IHS) or by a tribal organization, such as ANMC, YKHC or SEARHC. (AS 18.20.460)
  • Deadline: a complaint must reach the commissioner of labor and workforce development within 30 days after the violation. (AS 18.20.430(b))
  • Finishing a procedure or surgery already underway.
  • An unforeseen emergency such as terrorism, a disease outbreak or a declared disaster; foreseeable volume spikes or short staffing don't count.
  • Unforeseen weather so extreme your relief can't get there.
  • A rural facility's declared temporary nurse staffing emergency (written, up to 30 days, reported to the state labor division).
  • Agreed on-call time, unless you judge it creates an unacceptable safety risk.
  • The first two hours while the facility finds your replacement, as long as you don't pass 14 consecutive hours.
  • Certain school-event nurses, air medical transport nurses working voluntary overtime, and some children's and residential psychiatric facilities.
"to accept an assignment of overtime if, in the judgment of the nurse, the overtime would jeopardize patient or employee safety."

AS 18.20.400; AS 18.20.410; AS 18.20.430; AS 18.20.460 · Checked November 10, 2026

California

If you work a 12-hour alternative workweek shift in California health care, you can't be required to work past 12 hours in 24 unless the chief nursing officer or an authorized executive declares a health care emergency and reasonable staffing steps have failed. Even then, nobody can be required to go past 16 hours in 24 without agreeing to it.

Who it covers: Employees on 12-hour alternative workweek shifts in the health care industry under IWC Wage Order 5 (hospitals, SNFs, home health, 24-hour clinics and similar).

Limits and exceptions to know (the law may have others; read the source):

  • A declared health care emergency (an unpredictable or unavoidable event that needs immediate action) after all reasonable staffing steps.
  • Up to 13 hours in 24 if your relief no-shows without giving more than 2 hours' notice.
  • After 24 consecutive hours you must get at least 8 consecutive hours off.
  • Doesn't cover you if the State, a city, a county or a special district employs you directly (Wage Order 5, section 1(C)), so the 12- and 16-hour limits don't reach county, district, city or state hospital staff. Check your MOU or civil-service rules. (IWC Wage Order 5, section 1(C))
  • A union contract can take you out of these limits if it expressly sets wages, hours and working conditions, pays premium rates for all overtime, and pays at least 30% above the state minimum wage. (IWC Wage Order 5, section 3(L))
  • Exempt executive, administrative and professional employees aren't covered. Staff RNs don't count as exempt professionals; an RN is exempt only by meeting the executive or administrative test. (IWC Wage Order 5, section 1(B)(3)(f))
"shall be required to work more than 12 hours in any 24 hour period unless the Chief Nursing Officer or authorized executive declares that"

IWC Wage Order 5, section 3(B)(9)-(11) (Cal. Code Regs., tit. 8, § 11050) · Checked November 10, 2026

Connecticut

A Connecticut hospital can't require you to work overtime, meaning past a shift posted at least 48 hours ahead, more than 12 hours in 24, or more than 48 hours in its work week. It can't discipline, fire, threaten or otherwise retaliate against you for refusing. Even in an exception, it has to try volunteers first, and it can't use mandatory overtime to cover routine staffing gaps, expected absences or approved time off.

Who it covers: RNs, LPNs and registered nurse's aides working in Connecticut hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • Only when patient safety requires it and there's no reasonable alternative: finishing an ongoing surgical procedure you're in.
  • Critical care nurses until relieved by the next scheduled nurse.
  • A public health emergency, or an institutional emergency (severe weather, catastrophe, widespread illness) the administrator has tried in good faith to mitigate.
  • Nurses at a state agency's behavioral health facility whose union contract addresses mandatory overtime, again only when patient safety requires it and there's no reasonable alternative. (Conn. Gen. Stat. § 19a-490l(d)(5))
  • Union contracts that address mandatory overtime and were in effect before October 1, 2023, or state-employee contracts under § 5-278 in effect before June 1, 2027, until they expire. The state-employee carve-out is live now. (Conn. Gen. Stat. § 19a-490l(f)(2))
"No hospital shall discriminate against, discharge, discipline, threaten to discharge or discipline or otherwise retaliate against a nurse for refusing to work overtime."

Conn. Gen. Stat. § 19a-490l · Last amended P.A. 23-204 · Checked November 10, 2026

Illinois

An Illinois hospital can only mandate overtime in an unforeseen emergent circumstance, only as a last resort, and never more than 4 hours past your agreed shift. Short staffing for the usual, predictable patient load doesn't qualify. After a mandated stretch of up to 12 hours you get at least 8 consecutive hours off, and you can't be disciplined or fired for refusing overtime the law doesn't allow. Complaints go to the Illinois Department of Public Health within 45 days.

Who it covers: Hourly RNs, LPNs and APRNs (not CRNAs working as anesthetists) with direct nursing care duties in Illinois hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • A declared national, state or municipal disaster, another catastrophic event, or activation of the hospital disaster plan.
  • Patient care that needs your specialized nursing skills through the completion of a procedure.
  • Required availability time in specialized units such as surgical services doesn't count toward the overtime limit.
  • Doesn't reach VA and other federal facilities, or hospitals run by a state public university (the Hospital Licensing Act leaves them out). (210 ILCS 85/3(A)(3)-(4))
  • Also leaves out care facilities run by a State agency that sets and enforces its own standards for them, such as state psychiatric and developmental centers. (210 ILCS 85/3(A)(2))
"No nurse may be required to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a last resort."

210 ILCS 85/10.9 · Last amended P.A. 100-513, eff. 1-1-18 · Checked November 10, 2026

Maine

In Maine, you can't be disciplined for refusing to work more than 12 consecutive hours. If you are mandated past 12 hours in an allowed situation, you get at least 10 consecutive hours off right afterward. Separately, most Maine employers can't require more than 80 hours of overtime (hours over 40 a week) in any two-week stretch; that cap has its own list of exemptions.

Who it covers: Nurses employed by private and public employers in Maine, including the State.

Limits and exceptions to know (the law may have others; read the source):

  • An unforeseen emergent circumstance where overtime is a last resort to keep patients safe.
  • Work in response to an emergency declared by the Governor.
  • Work needed to protect public health or safety when the extra overtime falls outside the normal course of business.
  • The 80-hour cap (not the 12-hour nurse rule) leaves out several groups, including salaried executives and medical interns and residents. (26 M.R.S. § 603(3))
"a nurse may not be disciplined for refusing to work more than 12 consecutive hours."

26 M.R.S. § 603 · Last amended PL 2007, c. 640, §1 · Checked November 10, 2026

Maryland

A Maryland employer can't require an RN or LPN to work past the regularly scheduled hours on the predetermined schedule. Mandatory overtime is allowed only when every condition in the law is met at once, including a nonrecurring emergency the employer couldn't reasonably anticipate and exhausted efforts to get volunteers. Once you've reported the patient's status and handed care off to another appropriate nurse, you aren't responsible for that patient past your scheduled hours.

Who it covers: Licensed RNs and LPNs in Maryland.

Limits and exceptions to know (the law may have others; read the source):

  • All of these together: an unanticipated, nonrecurring emergency not caused by poor employer planning; all good-faith attempts to get volunteers exhausted; you have critical skills the work needs; the patient's care requires continuity through a case, treatment or procedure; and the employer told you why.
  • Jobs where on-call rotation is a condition of employment.
  • Nurses working in community-based care.
  • Doesn't cover a nurse employed in an administrative, executive or professional capacity as the Commissioner of Labor and Industry defines it by regulation; check whether your employer treats you as exempt. (Md. Code, Lab. & Empl. § 3-403(1))
"an employer may not require a nurse to work more than the regularly scheduled hours according to the predetermined work schedule."

Md. Code, Lab. & Empl. § 3-421 · Checked November 10, 2026

Massachusetts

A Massachusetts hospital can't require you to work past your agreed, regularly scheduled hours (and that schedule can't exceed 12 hours in 24) unless patient safety demands it in an emergency with no reasonable alternative, and it has to try volunteers first. Nobody works more than 16 consecutive hours, followed by at least 8 off. Refusing work beyond these limits can't be grounds for discrimination, dismissal or any other employment decision, and hospitals must report every use of mandatory overtime to DPH.

Who it covers: Nurses delivering patient care in Massachusetts hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • An emergency where patient safety requires it and there's no reasonable alternative, as defined in Health Policy Commission guidelines; mandatory overtime can't be used as a routine way to staff.
  • A union contract between the hospital and a labor organization keeps its own terms; the law does not override it. (M.G.L. c. 111, § 226(h))
"The refusal of a nurse to accept work in excess of the limitations set forth in this section shall not be grounds for discrimination, dismissal, discharge or any other employment decision."

M.G.L. c. 111, § 226 · Checked November 10, 2026

Minnesota

In Minnesota, a hospital or other MDH-licensed health care facility can't discipline, penalize, threaten, report you to the Board of Nursing, or otherwise act against you for turning down extra consecutive hours beyond your normal work period (12 hours or less) when, in your judgment, working them could jeopardize patient safety.

Who it covers: Nurses (as defined in the Nurse Practice Act) at hospitals and other facilities licensed by the commissioner of health, plus state-employed nurses in patient or resident care.

Limits and exceptions to know (the law may have others; read the source):

  • In an emergency (replacement staff can't report or patient need spikes because of something unusual or unforeseen, like a disease outbreak, severe weather or a natural disaster), you can be required to stay past one normal work period.
  • Doesn't apply to nursing facilities, ICF/DDs, boarding care facilities, or housing with services establishments (except state-employed nurses).
"if the nurse declines to work additional hours because doing so may, in the nurse's judgment, jeopardize patient safety."

Minn. Stat. § 181.275 · Last amended 2023 c 53 art 11 s 24 · Checked November 10, 2026

New Hampshire

In New Hampshire, an RN, LPN or LNA can't be disciplined or lose any right, benefit or privilege for refusing to work more than 12 consecutive hours. If you are mandated past 12 hours in an allowed situation, you get at least 8 consecutive hours off afterward.

Who it covers: RNs, LPNs and licensed nursing assistants in New Hampshire.

Limits and exceptions to know (the law may have others; read the source):

  • A nurse in surgery, until the surgery is done.
  • A critical care nurse, until relieved by the next scheduled shift.
  • A home health nurse, until another qualified nurse or the usual caregiver takes over.
  • A public health emergency.
  • Nurses whose union contract addresses mandatory overtime.
"shall not be disciplined, or lose any right, benefit, or privilege for refusing to work more than 12 consecutive hours"

N.H. RSA 275:67 · In effect January 1, 2008 · Checked November 10, 2026

New Jersey

A New Jersey health care facility can only require overtime in an unforeseeable emergent circumstance, as a last resort, and never to cover chronic short staffing (vacancies open 90 days or more). Before mandating, it has to seek volunteers, call on-call staff, and try per diem and agency staff, and it must give you up to an hour to arrange care for your kids or dependent family. It can't discriminate against or fire you for refusing overtime the law doesn't allow.

Who it covers: Hourly workers in direct patient care or clinical services at New Jersey health care facilities (facilities licensed by the Department of Health, State or county psychiatric hospitals, State developmental centers and registered health care service firms), including nurses and nurse aides; not physicians.

Limits and exceptions to know (the law may have others; read the source):

  • An unforeseeable emergent circumstance: an unpredictable, non-recurring event in health care delivery that needs immediate action.
  • During a declared national, state or municipal emergency, or a disaster that activates the facility's emergency plan, the facility doesn't have to exhaust the staffing steps first.
  • Some hourly job titles are excluded by rule; the list is in N.J.A.C. 8:43E-8.2. (N.J.A.C. 8:43E-8.2)
"the employer is prohibited from discriminating or discharging an employee who refuses to work overtime."

N.J.S.A. 34:11-56a31 et seq.; N.J.A.C. 8:43E-8.1 et seq. · Checked November 10, 2026

New York

In New York, a health care employer can't require an RN or LPN to work past the hours you agreed to or are regularly scheduled for. Voluntary overtime is fine. Routine staffing gaps, normal absenteeism and approved time off don't count as an emergency, and the employer must try to cover the hours voluntarily and use its Nurse Coverage Plan before mandating anyone.

Who it covers: RNs and LPNs at Article 28 facilities (hospitals, nursing homes, diagnostic and treatment centers), certain state-operated facilities, and OCFS-operated or licensed facilities.

Limits and exceptions to know (the law may have others; read the source):

  • A health care disaster that increases the need for staff.
  • A federal, state, or county declaration of emergency.
  • An unforeseen patient care emergency that couldn't be prudently planned for and doesn't regularly occur.
  • An ongoing medical or surgical procedure you're actively engaged in where your continued presence is needed for the patient's safety.
  • Prescheduled on-call time you agreed to can't be used as a substitute for mandatory overtime.
"restricts health care employers, as defined in the statute, from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions."

N.Y. Labor Law § 167; 12 NYCRR Part 177 · Last amended Amendment effective June 28, 2023 · Checked November 10, 2026

Oregon

An Oregon hospital can't make you work past your agreed shift, more than 48 hours in its work week, more than 12 hours in 24, or during the 10 hours after your 12th hour in a 24-hour period. Before mandating anyone, the hospital has to make every reasonable effort to find replacement staff.

Who it covers: Hospital nursing staff: RNs, LPNs, CNAs and other nursing staff the Oregon Health Authority defines by rule.

Limits and exceptions to know (the law may have others; read the source):

  • One extra hour if a vacancy for the next shift only becomes known at the end of your shift, or if leaving would put an assigned patient at risk.
  • The limits don't apply in either of two situations: a national or state emergency, or circumstances that require the hospital to put its facility disaster plan in place. They also don't apply in other emergencies the Oregon Health Authority defines by rule. (ORS 441.770(8))
  • Required meetings, training and on-premises on-call time count toward the limits; on-call time away from the facility doesn't.
"a hospital may not require a nursing staff member to work: (A) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift; (B) More than 48 hours in any hospital-defined work week; (C) More than 12 hours in a 24-hour period"

ORS 441.770 · Checked November 10, 2026

Pennsylvania

A Pennsylvania health care facility can't require you to work past your agreed, predetermined, regularly scheduled shift, and it can't retaliate if you refuse. You can still volunteer for overtime. Even in an allowed emergency, mandatory overtime has to be a last resort after reasonable efforts to find staff, and you get up to an hour to arrange care for a child or a dependent family member. If you end up working more than 12 straight hours, you can take 10 consecutive hours off right afterward (you can waive that). Complaints go to L&I's Bureau of Labor Law Compliance.

Who it covers: Hourly or nonsupervisory employees in direct patient care or clinical care services at Pennsylvania health care facilities, including state and local government facilities and staff placed by a personnel agency; not physicians, PAs, dentists, or non-clinical staff.

Limits and exceptions to know (the law may have others; read the source):

  • An unforeseeable emergent circumstance, such as a declared national, state or municipal emergency or a highly unusual, unpredictable event; chronic short staffing doesn't count.
  • Unexpected absences found at or before the start of a shift, that the employer couldn't prudently plan for and that could significantly affect patient safety, also count as an emergency. A posted hole in the schedule doesn't. (Act 102 FAQ 12, 15)
  • Finishing a patient care procedure already in progress when your absence could harm the patient.
  • On-call time, though the facility can't use on-call as a substitute for mandatory overtime.
  • Doesn't cover a practitioner's private or group practice office, prayer-based treatment facilities, or religious facilities serving only their own clergy. (Act 102 FAQ 4)
"However, an employer may not retaliate against an employee who refuses to work overtime."

Prohibition of Excessive Overtime in Health Care Act (Act 102 of 2008) · In effect July 1, 2009 · Checked November 10, 2026

Rhode Island

A Rhode Island hospital can't require you to work past your agreed 8, 10 or 12-hour shift except in an unforeseeable emergent circumstance, and never more than 12 consecutive hours. Refusing that overtime can't be grounds for discipline, dismissal or any other adverse decision. Violations carry a $300 fine per violation, decided by the Department of Labor and Training.

Who it covers: Hourly licensed nurses and certified nursing assistants at private, public and state hospitals; not CRNAs, residents, salaried staff, or staff working prescheduled on-call time in surgery.

Limits and exceptions to know (the law may have others; read the source):

  • An unforeseeable emergent circumstance (major power outage, public health emergency, irregular census spike, or irregular call-outs), only as a last resort, not to fill chronic short-staffing vacancies, and only after the hospital has sought volunteers, called available staff and tried per diems.
  • In a declared national, state or municipal emergency or disaster, the hospital doesn't have to exhaust those staffing efforts first.
"In no case shall a health care facility require an employee to work in excess of twelve (12) consecutive hours."

R.I. Gen. Laws §§ 23-17.20-2 to 23-17.20-4 · Checked November 10, 2026

Texas

A Texas hospital can't require an RN or LVN to work hours or days beyond what you're scheduled for, no matter how long your shift is, and you can refuse. The hospital can't suspend, fire, discipline or discriminate against you for refusing or for reporting violations, and it can't use on-call time as a substitute for mandatory overtime. Complaints go to the Health and Human Services Commission.

Who it covers: RNs and LVNs at Texas general, special and licensed mental hospitals, including state-run hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • A health care disaster unexpectedly hitting your county or a neighboring one.
  • A federal, state or county emergency declaration in your county or a neighboring one.
  • An unforeseen event that doesn't regularly occur, raises staffing needs, and couldn't prudently be anticipated; the hospital must first try volunteers, per diems, agency nurses and floats.
  • An ongoing medical or surgical procedure you're actively in, when you're needed through its completion.
  • Prescheduled on-call time and time right before or after a shift to document or hand off patient status don't count as mandatory overtime.
"A hospital may not require a nurse to work mandatory overtime, and a nurse may refuse to work mandatory overtime."

Tex. Health & Safety Code §§ 258.002-258.006 · Last amended Acts 2025, 89th Leg., Ch. 398 (H.B. 2187), eff. September 1, 2025 · Checked November 10, 2026

Washington

A Washington health care facility can't require you to work overtime. Overtime is strictly voluntary, and saying no can't be used against you in discipline, discharge, or any other adverse decision. If you accept overtime and go past 12 straight hours, you get the option of at least 8 consecutive hours off afterward.

Who it covers: Hourly (or union-contract) employees doing direct patient care or clinical services at Washington hospitals, hospices, rural health care facilities, behavioral health hospitals and correctional health care facilities that run around the clock, including public ones. Includes nurses, CNAs and many techs.

Limits and exceptions to know (the law may have others; read the source):

  • Unforeseeable emergent circumstances, which the law limits to a declared national, state or city emergency, activation of the facility disaster plan, or an unforeseen disaster or catastrophe that increases the need for care. (RCW 49.28.130(7))
  • Prescheduled on-call time, but on-call can't replace shifts the staffing plan calls for, or cover routine census or acuity changes or expected call-outs. (RCW 49.28.140(3)(b))
  • When the employer documents reasonable efforts to find staff; filling chronic vacancies with overtime doesn't count as reasonable effort.
  • Finishing a patient care procedure already in progress when leaving could harm the patient.
  • At correctional health care facilities, surgical techs, radiologic techs, cardiovascular invasive specialists, respiratory therapists and CNAs aren't covered. (RCW 49.28.130(1)(b))
"the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty"

RCW 49.28.140 · Last amended 2023 c 114 s 10 · Checked November 10, 2026

West Virginia

A West Virginia hospital can't mandate or pressure you into overtime past your agreed, regularly scheduled shift, and it can't discipline, threaten, report you to the board, or penalize you for refusing when you judge the extra hours could jeopardize patient or employee safety. After 12 or more straight hours you get at least 8 hours off, and outside the listed exceptions nobody works more than 16 hours in 24. Complaints go to the Commissioner of Labor within 30 days.

Who it covers: RNs and licensed or certified LPNs in direct patient care or clinical services at licensed hospitals, including nurse managers when they deliver patient care; not CRNAs and not state or federal hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • An unforeseen emergent situation that jeopardizes patient safety, like terrorism, a disease outbreak, severe weather or a natural disaster; known volume increases, scheduled vacations and scheduled medical leave don't count.
  • Prescheduled on-call time, which can't be used as a substitute for mandatory overtime.
  • Finishing a single patient care procedure already in progress.
  • A union contract that sets its own procedure for required overtime.
"a hospital is prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime"

W. Va. Code §§ 21-5F-2, 21-5F-3, 21-5F-4 · Checked November 10, 2026

17 states have a rule we confirmed on the state's own statute or agency page. A state not listed may still have one; we add a state only after reading it at the source.

Staffing ratios, plans and committees

State law

We found no federal rule that sets this. State law does, where a state has one.

California

California hospitals must meet licensed nurse-to-patient ratios at all times, not as a shift average. Key numbers: ICU and other critical care 1:2, ED 1:4 (critical ED patients 1:2, critical trauma 1:1), PACU 1:2, telemetry 1:4, med-surg 1:5, postpartum 1:4 couplets, and active labor 1:2.

Who it covers: Licensed nurses in California general acute care hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • The ratios are minimums; the hospital still has to add staff based on its patient classification system when acuity calls for it.
  • A sudden health care emergency that changes a unit's census isn't automatically a violation if the hospital shows it made prompt efforts to keep required staffing. Routine census swings don't count; the hospital has to plan for those. (22 CCR § 70217(q))
"Commencing January 1, 2005, the licensed nurse-to-patient ratio in medical/surgical care units shall be 1:5 or fewer at all times."

Cal. Code Regs., tit. 22, § 70217 · Checked November 10, 2026

Colorado

Every Colorado hospital must have a nurse staffing committee with at least 60% participation by clinical staff nurses who routinely give direct care. Each year it builds a master staffing plan with minimum staffing for every inpatient unit and the ED, which needs a 60% committee vote. The committee also runs a written process for staffing complaints and feedback, open to nurses, aides and EMS, that has to tell you how to complain to CDPHE.

Who it covers: Clinical staff nurses, nurse aides and other nursing staff at Colorado general hospitals licensed by CDPHE.

"Have at least 60% or greater participation by clinical staff nurses who routinely provide direct care to patients, in addition to auxiliary personnel and nurse management;"

C.R.S. 25-3-128; 6 CCR 1011-1, Chapter 4, Part 14 · In effect Rule version effective August 14, 2025 · Checked November 10, 2026

Connecticut

Each Connecticut hospital must have a staffing committee that helps write the nurse staffing plan it files with the Department of Public Health twice a year. Direct care RNs make up at least half the committee plus one. If you have a union, it picks the direct care RN members and management chooses the one extra RN from the union's list. One co-chair is a direct care RN elected by the RN members, and committee time is paid at your regular rate with coverage so you can attend.

Who it covers: Direct care RNs in Connecticut licensed hospitals, including inpatient psych units in general hospitals.

"Each hospital shall establish a dedicated hospital staffing committee to assist in the preparation of the nurse staffing plan required pursuant to subsection (b) of this section."

Conn. Gen. Stat. § 19a-89e · Checked November 10, 2026

Illinois

Every Illinois hospital needs a nursing care committee that meets at least 6 times a year, with at least 55% of members being direct inpatient care RNs, who also elect a co-chair. The committee writes the hospital-wide staffing plan, including minimum RN staffing for each inpatient unit. If you object to a shift-to-shift staffing adjustment, you can file a written report with the committee, which must have a process to review and respond to it.

Who it covers: RNs providing direct inpatient care in Illinois hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • Doesn't reach VA and other federal facilities, or hospitals run by a state public university (the Hospital Licensing Act leaves them out). (210 ILCS 85/3(A)(3)-(4))
  • Also leaves out care facilities run by a State agency that sets and enforces its own standards for them, such as state psychiatric and developmental centers. (210 ILCS 85/3(A)(2))
"If a registered nurse in an inpatient care unit objects to a shift-to-shift adjustment, the registered nurse may submit a written report to the nursing care committee."

210 ILCS 85/10.10 · Checked November 10, 2026

Massachusetts

In every Massachusetts ICU, an RN's assignment is 1:1 or 1:2, based on patient stability as judged by the hospital's state-certified acuity tool and the unit's staff nurses, with the nurse manager stepping in only to resolve a disagreement.

Who it covers: RNs in Massachusetts hospital intensive care units, including state-run hospitals.

"in all intensive care units the patient assignment for the registered nurse shall be 1:1 or 1:2 depending on the stability of the patient"

M.G.L. c. 111, § 231 · Checked November 10, 2026

Minnesota

Minnesota doesn't set ratios. Each hospital's chief nursing executive must build a core staffing plan for every inpatient care unit, listing the FTEs for each 24-hour period, after consulting with managerial and nonmanagerial care staff, and the plans and actual direct care hours per patient are published through the Minnesota Hospital Association.

Who it covers: RNs, LPNs and other nonmanagerial care staff at Minnesota hospitals.

Limits and exceptions to know (the law may have others; read the source):

"Core staffing plans shall specify the full-time equivalent for each patient care unit for each 24-hour period."

Minn. Stat. § 144.7055 · Checked November 10, 2026

Nevada

Larger Nevada hospitals (more than 70 licensed beds in a county of 100,000+) must have a staffing committee that meets at least quarterly and builds the documented staffing plan. At least half the regular members are direct care licensed nurses and CNAs, with one licensed nurse and one CNA from each unit elected by their unit peers.

Who it covers: Licensed nurses and CNAs providing direct patient care at Nevada hospitals with more than 70 licensed beds in counties of 100,000 or more.

Limits and exceptions to know (the law may have others; read the source):

  • If your union bargained a staffing committee, that committee counts as the hospital's staffing committee and the hospital doesn't have to form the one described above. (NRS 449.242(4))
"Not less than one-half of the total regular members of the staffing committee from the licensed nursing staff and certified nursing assistants who are providing direct patient care at the hospital."

NRS 449.242; NRS 449.2421 · Last amended 2025, 2944 · Checked November 10, 2026

Nevada

Those same larger Nevada facilities must give every licensed nurse and CNA a written policy on refusing or objecting to an assignment. You can file an objection when an assignment violates the staffing law; you still take the assignment, and the facility has to respond within 45 days. You can ask to be relieved of an assignment for a reason the law allows, such as one you aren't trained or competent for, and the policy must let you refuse only when all three conditions below are met. The facility can't retaliate against you for refusing or objecting under that policy.

Who it covers: Licensed nurses and CNAs at Nevada-licensed hospitals, independent emergency centers, psychiatric hospitals and surgery centers with more than 70 licensed beds in counties of 100,000 or more.

Limits and exceptions to know (the law may have others; read the source):

  • The policy can set reasonable prior-notice requirements and give your supervisor a chance to review and relieve you or deny the request first.
  • You can refuse only if all three apply: your supervisor didn't approve your request and offered no fix, or an inadequate or late one; a complaint to the state would be too slow to deal with it; and you believe in good faith the assignment meets the policy's conditions for refusal. (NRS 449.2423(3)(c))
  • An objection doesn't let you decline the work: you file it and still accept the assignment, and the facility must answer within 45 days. (NRS 449.2423(4))
"a written policy that sets forth the circumstances under which a licensed nurse or certified nursing assistant may refuse or object to a work assignment."

NRS 449.2423; NRS 449.205 · Checked November 10, 2026

Ohio

Every Ohio hospital must have a hospital-wide nursing care committee, and at least half its members must be RNs who give direct patient care. The committee evaluates the current staffing plan and recommends one that sets minimum staffing levels for all inpatient units based on acuity, patient load and the work of admissions, discharges and assessments. The CNO has to set up a way for direct care nurses on every inpatient unit to give input on it.

Who it covers: RNs providing direct patient care in Ohio hospitals.

"At least fifty per cent of the committee's membership shall consist of registered nurses who provide direct patient care in the hospital."

Ohio Rev. Code 3727.51; 3727.52 · In effect September 12, 2008 · Checked November 10, 2026

Oregon

Oregon writes RN-to-patient ratios into law. Examples: ICU 1:2, intermediate care 1:3, med-surg, telemetry, oncology and pediatrics 1:4, operating room 1:1, PACU 1:2, and the ED may average no worse than 1:4 over 12 hours with no more than 5 patients per RN at once. CNAs max out at 7 patients on days and evenings and 11 on nights. The med-surg limit dropped from 1:5 to 1:4 on July 1, 2026. One shift over ratio is not by itself a violation: a unit can go over its plan up to six times in a rolling 30 days, and the unit manager has to report each one to the staffing committee within 10 days. If you're over ratio, document it and take it to your staffing committee, or file a staffing complaint with the Oregon Health Authority within 60 days of the shift. OHA cannot investigate a late complaint, and each over-ratio shift counts separately. Don't walk off: Oregon law bars a hospital RN from leaving an assignment during an agreed shift without supervisor authorization if that puts a patient at risk.

Who it covers: Direct care RNs and CNAs in Oregon hospitals.

Limits and exceptions to know (the law may have others; read the source):

  • A unit can go over its staffing plan, ratios included, within a 12-hour period up to six times in a rolling 30 days without violating the plan. The unit manager must notify the staffing committee within 10 days of each one, and each further deviation in that 30 days is a separate violation. (ORS 441.765(6))
  • With a majority vote of the staffing committee, a unit can run an approved care model in which other clinical staff make up as much as half of the RNs the ratio calls for. The committee has to re-approve it every two years. (ORS 441.765(4))
  • Patients who are ready for discharge but face a barrier to discharge, as a licensed independent practitioner notes in each chart, fall outside the fixed ratios. That covers inpatient units, and patients in adjacent rooms or the same room, including in the ED. (ORS 441.766(1)(d)-(e))
  • ICU and critical units in circumstances set by the staffing committee, critical ED patients until stable, swing beds, outpatient units and psychiatric units also fall outside the fixed ratios and are covered by committee-built plans instead. (ORS 441.766(1)(a)-(c), (f)-(g))
  • The ratio for each patient follows the licensed independent practitioner's classification in the chart, whatever unit the patient is on. (ORS 441.765(3))
  • A charge nurse who takes patients counts toward the ratio while doing so (on units of 10 or fewer beds, or larger units if the committee approves). (ORS 441.765(8))
  • Rural type A and type B hospitals can vary from the ratios if their nurse staffing committee votes to approve it; the variance lasts two years. (ORS 441.763(6))
  • A declared national or state emergency that requires the facility disaster plan and crisis standards of care, sudden unforeseen bad weather, or an infectious disease epidemic among hospital staff lets the hospital set the staffing plan aside. An emergency deviation can't run more than 90 days without the committee's approval. (ORS 441.769)
  • An OHA staffing complaint must be filed within 60 days of the shift it is about; OHA cannot investigate or act on a late complaint. Each over-ratio shift is its own violation, so the clock runs from each shift. (ORS 441.791(6))
"In a medical-surgical unit, a direct care registered nurse is assigned to no more than four patients."

ORS 441.765; ORS 441.766; ORS 441.768; ORS 441.769; ORS 441.772; ORS 441.791 · In effect Med-surg 1:4 operative July 1, 2026 (2023 c.507 §17, §33) · Checked November 10, 2026

Oregon

Every Oregon hospital has a nurse staffing committee with equal numbers of nurse managers and direct care staff, and your union picks the direct care RN members if you have one. The committee writes and reviews the staffing plan at least once a year, and you can report a pattern of mandatory overtime for nonemergency care to it.

Who it covers: Direct care nursing staff in Oregon hospitals.

"For each hospital there shall be established a hospital nurse staffing committee."

ORS 441.762; ORS 441.764 · Checked November 10, 2026

Texas

Every Texas hospital must have a nurse staffing committee that meets at least quarterly, with at least 60% of members being direct care RNs chosen by their direct care peers. It recommends the staffing plan, which must set minimum staffing levels for each patient care unit, and it has to review and respond to staffing concerns you raise. Committee time is paid work time. Since September 1, 2025, the hospital can't retaliate against you for giving the committee information or reporting violations to management or the Health and Human Services Commission, which takes complaints.

Who it covers: RNs at Texas general, special and licensed mental hospitals.

"At least 60 percent of the members of the committee must be registered nurses who: (1) provide direct patient care during at least 50 percent of their work time"

Tex. Health & Safety Code §§ 257.003-257.007 · Last amended Acts 2025, 89th Leg., Ch. 398 (H.B. 2187), eff. September 1, 2025 · Checked November 10, 2026

Texas

If you're asked to take an assignment or do something you believe violates your duty to a patient, Texas lets you invoke Safe Harbor: request a nursing peer review determination on the Board's form, or orally to your supervisor if patient care can't wait (the supervisor writes it up and you both sign). A good-faith request can't be held against you, you can accept the assignment while review is pending without Board discipline for it, and if you refuse, the peer review result must be considered in any discipline decision.

Who it covers: Nurses at Texas facilities required to have a nursing peer review committee.

Limits and exceptions to know (the law may have others; read the source):

  • The peer review determination isn't binding on your employer if a nurse administrator believes in good faith the committee got your duty wrong.
  • If the question is whether a physician's order is medically reasonable, the medical staff or medical director decides that part, and their answer controls. (Tex. Occ. Code § 303.005(e))
"the nurse may request, on a form developed by the board or on another form that meets standards developed by the board, a determination by a nursing peer review committee"

Tex. Occ. Code § 303.005 · Checked November 10, 2026

Washington

Every Washington hospital must run a hospital staffing committee that builds the unit staffing plans. At least half the voting members are nonsupervisory direct-care nursing staff, picked by your union or, if there isn't one, by your peers, and committee time is paid work time.

Who it covers: Nursing staff at Washington hospitals licensed under RCW 70.41.

Limits and exceptions to know (the law may have others; read the source):

  • Critical access hospitals may meet these requirements in more flexible ways, such as meeting by video or phone. (RCW 70.41.420(10))
"At least 50 percent of the voting members of the hospital staffing committee shall be nursing staff, who are nonsupervisory and nonmanagerial, currently providing direct patient care."

RCW 70.41.420 · In effect Committees required by January 1, 2024 · Checked November 10, 2026

11 states have a rule we confirmed on the state's own statute or agency page. A state not listed may still have one; we add a state only after reading it at the source.

What to do (our advice)

Sources for this page

Statutes, regulations and agency pages only, each checked November 10, 2026. This page is free and no one paid to be on it.