New Jersey § 34:11-56a32

§ 34:11-56a32.

As used in this act: “ Employee ” means an individual employed by a health care facility who is involved in direct

patient care activities or clinical services and who receives an hourly wage, but

shall not include a physician. “ Employer ” means an individual, partnership, association, corporation or person or group of

persons acting directly or indirectly in the interest of a health care facility. “ Health care facility ” means a health care facility licensed by the Department of Health and Senior Services

pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ), a State or county psychiatric hospital, a State developmental center, or a health

care service firm registered by the Division of Consumer Affairs in the Department

of Law and Public Safety pursuant to P.L.1960, c. 39 ( C.56:8-1 et seq. ). “ On-call time ” means time spent by an employee who is not currently working on the premises of

the place of employment, but who is compensated for availability, or as a condition

of employment has agreed to be available, to return to the premises of the place of

employment on short notice if the need arises. “ Reasonable efforts ” means that the employer shall: a. seek persons who volunteer to work extra time

from all available qualified staff who are working at the time of the unforeseeable

emergent circumstance; b. contact all qualified employees who have made themselves

available to work extra time; c. seek the use of per diem staff; and d. seek personnel

from a contracted temporary agency when such staff is permitted by law or regulation. “ Unforeseeable emergent circumstance ” means an unpredictable or unavoidable occurrence at unscheduled intervals relating

to health care delivery that requires immediate action.