Common use of Professional Rights Clause in Contracts

Professional Rights. 1. Prior to temporarily transferring a nurse to an area where the nurse has ultimate responsibility, Employer shall provide the nurse with inservice education and/or orientation in the particular area of responsibility. Such education and/or orientation must have been completed within two (2) years immediately preceding such transfer. Such education may be either inservice or outside of Employer's facilities. In the event that the nurse should request a transfer to another area and Employer grants the transfer, Employer shall provide inservice education and/or orientation to such nurse in the new area of responsibility prior to such transfer. 2. A graduate nurse may not be scheduled in an area to be ultimately responsible for patients’ welfare until state licensure is in effect. 3. Nurses shall have the right to review their personnel files in one of the administration offices in the presence of a human resource officer or equivalent official. Nurses shall also have the right to request and be provided with a copy of any document contained in their individual personnel files. 4. By advance notice, authorized representatives of the Association shall be permitted to enter Employer's facilities for the purpose of transacting Association business. Upon arrival, the representative shall notify the Director of Nursing at the Nursing Home, the Vice President of Nursing at the Hospital, or the Clinic Supervisor, whichever is applicable, (hereinafter “Management”) of the intent to transact business and shall advise as to which department shall be visited. Such visits shall not interfere with a nurse’s work. 5. Employer shall furnish a bulletin board in the area of the time clock for the use of the Local Unit. The Association will post the following types of notices: A. Association meeting/program notices, including relevant meeting minutes; B. Association election notices; C. Notices of appointments to office; D. Notices of Association social affairs, conventions, and all continuing education opportunities; and E. Informative or educational nursing articles or journals. 6. Employer and Association agree that the practice of nursing shall be in accordance with the Montana Nurse Practice Act. 7. Nurses shall not be required to perform non-nursing duties which are ordinarily performed by non-nursing staff. 8. Nurses shall not be required to perform duties in contradiction to the policies of Employer except in emergency situations as approved by Management. 9. The Director of U.R./I.C./E.D., the Vice President of Nursing at the Hospital, the Clinic Supervisor, the Director of Nursing at the Nursing Home, the Assistant Directors of Nursing, and all House Supervisors hired on or after June 27, 2016 will not be intentionally used to replace R.N.

Professional Rights. 126.1 The nurse shall act to safeguard the patient when his/her care and safety are affected. Prior It shall be the nurse's duty to temporarily transferring relate in writing any problem which relates to the care and safety of patients to his /her supervisor, manager or appropriatedepartment head. The written report shall be submitted for review to the immediate supervisor. 26.2 The nurse will be scheduled for an orientation or residency program according to the scope and level of his/her clinical qualifications. The Clinic shall be responsible for adequate orientation before assignment to a nurse to an area where the nurse has ultimate responsibility, Employer shall provide the nurse with inservice education and/or orientation in the particular area of responsibilitynursing position. Such education and/or orientation must have been completed within two (2) years immediately preceding such transfer. Such education may Position objectives will be either inservice or outside of Employer's facilities. In the event that the nurse should request a transfer to another area and Employer grants the transfer, Employer shall provide inservice education and/or orientation to such nurse in the new area of responsibility met prior to such transfercompletion of the probationaryperiod. 2. A graduate nurse may not be scheduled in an area to be ultimately responsible for patients’ welfare until state licensure is in effect. 3. Nurses shall have the right to review their personnel files in one of the administration offices in the presence of a human resource officer or equivalent official. Nurses shall also have the right to request and be provided with a copy of any document contained in their individual personnel files. 4. By advance notice, authorized representatives of the Association shall be permitted to enter Employer's facilities for the purpose of transacting Association business. Upon arrival, the representative shall notify the Director of Nursing at the Nursing Home, the Vice President of Nursing at the Hospital, or the Clinic Supervisor, whichever is applicable, (hereinafter “Management”) of the intent to transact business and shall advise as to which department shall be visited. Such visits shall not interfere with a nurse’s work. 5. Employer shall furnish a bulletin board in the area of the time clock for the use of the Local Unit. 26.3 The Association will post cooperate with the following types Clinic in encouraging attendance of notices: A. Association meeting/program noticesbargaining unit members at unit meetings, including relevant meeting minutes; B. Association election notices; C. Notices of appointments to office; D. Notices of Association social affairsspecial interest groups, conventionsorientation and in-service, Shared Governance Councils, and all continuing education opportunities; and E. Informative or educational nursing articles or journalsother meetings appropriate to the nurse's professional role. Attendance must be in person in order to qualify for compensation. 626.4 The Clinic will provide an adequate staffing system per the Joint Commission standards. Employer If a nurse wishes to raise a matter relating to a particular staffing situation, she/he may do so by contacting the immediate supervisor, or by filing an "Assignment Despite Objection" form with copies forwarded to the Practice Core Leader, Senior Nursing Director PMG, and Association agree that to the Association. 26.5 It is the nurse's responsibility to participate in the upgrading of nursing standards, practice and education. 26.6 All matters related to the practice of nursing for a nurse and the employer shall be in accordance with the Montana Nurse Practice Act. 7PracticeAct and the ▇▇▇ Code for Nurses. In the event the Board of Nursing - State of Montana, makes a change to the status of an RN’s license, the RN shall report such change to the ACC Clinical Manager in writing within 14 days. The employer will not routinely require a Registered Nurse to function in a position or perform tasks that the nurse has not been oriented to perform. Nurses shall covered by this agreement will not be required to perform non-nursing duties which are ordinarily performed by non-nursing staff. 8participate in any activity that is illegal orunethical per the ▇▇▇ Code for Nurses. Nurses shall not be required A nurse has the obligation to perform duties in contradiction notify their immediate supervisor of their objections to the policies activity in question and pursue a remedy. A nurse may refuse to participate in the illegal or unethical act pending action by the employer andhave recourse through the grievance procedure provided herein. However, nothing provided herein shall be construed to permit a nurse to interfere with or obstruct the administration of Employer except in emergency situations as approved by Managementthe procedure or treatment to which an objection is made. 9. The Director of U.R./I.C./E.D., the Vice President of Nursing at the Hospital, the Clinic Supervisor, the Director of Nursing at the Nursing Home, the Assistant Directors of Nursing, and all House Supervisors hired on or after June 27, 2016 will not be intentionally used to replace R.N.

Professional Rights. 127.1 The nurse shall act to safeguard the patient when his/her care and safety are affected. Prior It shall be the nurse's duty to temporarily transferring a nurse relate in writing any problem which relates to an area where the care and safety of patients to his /her supervisor, manager or appropriate department head. The written report shall be submitted for review at the next scheduled Professional Conference Committee. If the nurse has ultimate responsibilitydisagrees with the results of the Conference Committee discussion, Employer he/she may file a grievance. 27.2 The nurse will be scheduled for an orientation or residency program according to the scope and level of his/her clinical qualifications. The Hospital shall provide the nurse with inservice education and/or be responsible for adequate orientation in the particular area of responsibilitybefore assignment to a nursing position. Such education and/or orientation must have been completed within two (2) years immediately preceding such transfer. Such education may Position objectives will be either inservice or outside of Employer's facilities. In the event that the nurse should request a transfer to another area and Employer grants the transfer, Employer shall provide inservice education and/or orientation to such nurse in the new area of responsibility met prior to such transfercompletion of the probationary period. 2. A graduate nurse may not be scheduled in an area to be ultimately responsible for patients’ welfare until state licensure is in effect. 3. Nurses shall have the right to review their personnel files in one of the administration offices in the presence of a human resource officer or equivalent official. Nurses shall also have the right to request and be provided with a copy of any document contained in their individual personnel files. 4. By advance notice, authorized representatives of the Association shall be permitted to enter Employer's facilities for the purpose of transacting Association business. Upon arrival, the representative shall notify the Director of Nursing at the Nursing Home, the Vice President of Nursing at the Hospital, or the Clinic Supervisor, whichever is applicable, (hereinafter “Management”) of the intent to transact business and shall advise as to which department shall be visited. Such visits shall not interfere with a nurse’s work. 5. Employer shall furnish a bulletin board in the area of the time clock for the use of the Local Unit. 27.3 The Association will post cooperate with the following types Hospital in encouraging attendance of notices: A. Association meeting/program noticesbargaining unit members at nursing department meetings, including relevant meeting minutes; B. Association election notices; C. Notices of appointments to office; D. Notices of Association social affairsspecial interest groups, conventionsorientation and in-service, Shared Governance Councils, and all continuing education opportunities; and E. Informative or educational nursing articles or journalsother meetings appropriate to the nurse's professional role. Attendance must be in person in order to qualify for compensation. 627.4 The Hospital will provide an adequate staffing system per JCAHO standards. Employer If a nurse wishes to raise a matter relating to a particular staffing situation, she/he may do so by contacting the immediate supervisor, or by filing an "Assignment Despite Objection" form with copies forwarded to the Department Director, VP of Nursing, and Association agree that to the Association. ADO forms will be reviewed at each professional conference committee meeting. 27.5 It is the nurse's responsibility to participate in the upgrading of nursing standards, practice and education. 27.6 All matters related to the practice of nursing for a nurse and the employer shall be in accordance with the Montana Nurse Practice ActAct and the ▇▇▇ Code for Nurses. In the event the Board of Nursing - State of Montana, makes a change to the status of an RN’s license, the RN shall report such change to the Chief Acute Services Officer or Senior Directors of Surgical Services, Medical Services and Critical Care Services in writing within 14 days. 727.7 The employer will not routinely require a Registered Nurse to function in a position or perform tasks that the nurse has not been oriented to perform. Nurses shall covered by this agreement will not be required to perform non-nursing duties participate in any activity that is illegal or unethical per the ▇▇▇ Code for Nurses. A nurse has the obligation to notify their immediate supervisor of their objections to the activity in question and pursue a remedy. A nurse may refuse to participate in the illegal or unethical act pending action by the employer and have recourse through the grievance procedure provided herein. However, nothing provided herein shall be construed to permit a nurse to interfere with or obstruct the administration of the procedure or treatment to which are ordinarily performed an objection is made. 27.8 The policy and procedure on float nurses will be reviewed annually with the Professional Conference Committee for recommendations for changes. If a nurse feels he/she is not qualified to float to a work area, and is required to float, the nurse shall document the event with a copy to his/her immediate supervisor and one to the Conference Committee. 27.9 Bargaining unit hours of work shall not be worked by non-nursing staffbargaining unit personnel on a routine basis. 827.10 The Hospital promotes safe and effective nursing practice in the interest of protecting public health and welfare. Nurses The Hospital recognizes the professional responsibility of nurses to accept or decline overtime assignments based on their self-assessment of ability to provide safe care. However, no nurse shall not be required to perform duties in contradiction to the policies of Employer work mandatory overtime except in emergency situations as approved by Managementan emergent situation. An emergent situation exists when the Hospital has activated the disaster plan. 9. The Director 27.11 In the event that the Care and Isolation Unit (CIU) of U.R./I.C./E.D.St. ▇▇▇▇▇▇▇ Hospital may be utilized for any highly infectious disease admission, at the request of MNA, the Vice President of Nursing at Hospital agrees to meet and confer with the HospitalUnion regarding expected protocols and planned precautions, the Clinic Supervisor, the Director of Nursing at the Nursing Home, the Assistant Directors of Nursing, and all House Supervisors hired on or after June 27, 2016 will not be intentionally used to replace R.N.except during an emergent situation.

Professional Rights. 1. Prior to temporarily transferring a nurse to an area where the nurse has ultimate responsibility, Employer shall provide the nurse with inservice education and/or orientation in the particular area of responsibility. Such education and/or orientation must have been completed within two (2) years immediately preceding such transfer. Such education may be either inservice or outside out of Employer's facilities. In the event that the nurse should request a transfer to another area and Employer grants the transfer, Employer shall provide for an indefinite period, similar inservice education and/or orientation to such nurse in the new area of responsibility shall be provided prior to such transfer. 2. A graduate nurse may not be scheduled in an area to be ultimately responsible for patients’ welfare until state licensure is in effect. 3. Nurses shall have the right to review their personnel files in one of the administration offices in the presence of a human resource officer or equivalent official. Nurses shall also have the right to request and be provided with a copy of any document contained in their individual personnel files. 4. By advance notice, authorized representatives of the Association shall be permitted to enter Employer's facilities for the purpose of transacting Association business. Upon arrival, the representative shall notify the Director of Nursing at the Nursing Home, the Vice President of Nursing at the Hospital, or the Clinic Supervisor, whichever is applicable, (hereinafter “Management”) of the intent to transact business and shall advise as to which department shall be visited. Such visits shall not interfere with a nurse’s work. 5. Employer shall furnish a bulletin board in the area of the time clock for the use of the Local Unit. The Association will post the following types of notices: A. Association meeting/program notices, including relevant meeting minutes; B. Association election notices; C. Notices of appointments to office; D. Notices of Association social affairs, conventions, and all continuing education opportunities; and E. Informative or educational nursing articles or journals. 6. Employer and Association agree that the practice of nursing shall be in accordance with the Montana Nurse Practice Act. 7. Nurses shall not be required to perform non-nursing duties which are ordinarily performed by non-nursing staff. 8. Nurses shall not be required to perform duties in contradiction to the policies of Employer except in emergency situations as approved by Managementthe Director of Nursing at the Nursing Home, the Vice President of Nursing at the Hospital, or the Clinic Supervisor, whichever is applicable. 9. The Director of U.R./I.C./E.D., the Vice President of Nursing at the Hospital, the Clinic Supervisor, the Director of Nursing at the Nursing Home, the Assistant Directors of Nursing, and all House Supervisors hired on or after June 27, 2016 will not be intentionally used to replace R.N.

Professional Rights. 1. Prior 4.1 The hospital agrees that all matters relating to temporarily transferring a nurse to an area where the nurse has ultimate responsibility, Employer shall provide the nurse with inservice education and/or orientation in the particular area of responsibility. Such education and/or orientation must have been completed within two (2) years immediately preceding such transfer. Such education may be either inservice or outside of Employer's facilities. In the event that the nurse should request a transfer to another area and Employer grants the transfer, Employer shall provide inservice education and/or orientation to such nurse in the new area of responsibility prior to such transfer. 2. A graduate nurse may not be scheduled in an area to be ultimately responsible for patients’ welfare until state licensure is in effect. 3. Nurses shall have the right to review their personnel files in one of the administration offices in the presence of a human resource officer or equivalent official. Nurses shall also have the right to request and be provided with a copy of any document contained in their individual personnel files. 4. By advance notice, authorized representatives of the Association shall be permitted to enter Employer's facilities for the purpose of transacting Association business. Upon arrival, the representative shall notify the Director of Nursing at the Nursing Home, the Vice President of Nursing at the Hospital, or the Clinic Supervisor, whichever is applicable, (hereinafter “Management”) of the intent to transact business and shall advise as to which department shall be visited. Such visits shall not interfere with a nurse’s work. 5. Employer shall furnish a bulletin board in the area of the time clock for the use of the Local Unit. The Association will post the following types of notices: A. Association meeting/program notices, including relevant meeting minutes; B. Association election notices; C. Notices of appointments to office; D. Notices of Association social affairs, conventions, and all continuing education opportunities; and E. Informative or educational nursing articles or journals. 6. Employer and Association agree that the practice of nursing shall at Montana State Hospital will be in accordance with the Montana Nurse Practice Act. 74.2 The Association, on behalf of its members, agrees to cooperate with the Hospital to attain and maintain full efficiency and maximum patient care. Nurses The Hospital recognizes that the nurses are professionals and have professional interests and concerns. 013 MNA Department of Public Health & Human Services Montana State Hospital 2017-2019 4.3 The authorized representatives of the Montana Nursing Association or his/her representatives shall have access to the premises of the Employer in order to investigate or conduct Association business so long as the work of the employees does not become interrupted. In addition, the Association representative will gain prior approval from the designated management official. It is further understood that, due to the sensitivity of some areas within the respective institution, it shall be management's prerogative to determine what specific areas shall be made freely accessible to the representative. 4.4 The appropriate Management designee' must have the freedom to delegate those duties to others that are consistent with safe nursing practice. The person to whom such duties are delegated must possess the basic knowledge and skills required to perform those duties. No RN shall be required to perform work in a unit without having been oriented to that unit within 6 months. Initial orientation should not be less than three full shifts. Refresher orientations should not be less than one full shift. 4.5 Employees have the right to refuse to work under conditions which, through mutual agreement arrived at an Association/Management meeting are unsafe for employees and/or patients and which continue to pose a threat of physical harm to employees and/or patients, provided Management has had reasonable period of time to take remedial action to correct whatever deficiency. 4.6 No nurse shall be disciplined, issued a punitive suspension or discharge without just cause and due process. An employee shall have the right to request a union representative during an investigatory meeting that the employee reasonably believes could lead to discipline. It is understood this right shall not unduly delay the investigatory process. 4.7 The Association shall have four bulletin boards, placed by mutual agreement, for the use of the Local Unit only. Bulletin boards will be placed in a non-nursing duties which are ordinarily performed by non-nursing staffpublic area. 8. Nurses shall not be required to perform duties in contradiction to the policies of Employer except in emergency situations as approved by Management. 9. The Director of U.R./I.C./E.D., the Vice President of Nursing at the Hospital, the Clinic Supervisor, the Director of Nursing at the Nursing Home, the Assistant Directors of Nursing, and all House Supervisors hired on or after June 27, 2016 will not be intentionally used to replace R.N.