Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 225.2. Definitions.

§ 225.2. Definitions.

 (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 nonsupervisory 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.



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