| 5.__Exception for nurse or other health care worker.__ |
| Notwithstanding subsection 2 and except for overtime required |
| under subsection 3, paragraph A or C, a person licensed pursuant |
| to Title 32, chapter 31, subchapter 1 or a person employed by a |
| licensed, certified or registered provider of mental or physical |
| health care in the public or private sector or any business |
| establishment providing health care services, who provides direct |
| care to patients, in the exercise of professional judgment |
| regarding the performance of giving quality care to patients, may |
| not be disciplined if that person refuses to work overtime. |