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1 | AN ACT concerning nursing.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Hospital Licensing Act is amended by adding | ||||||||||||||||||||||||||
5 | Section 10.9 as follows: | ||||||||||||||||||||||||||
6 | (210 ILCS 85/10.9 new) | ||||||||||||||||||||||||||
7 | Sec. 10.9. Nurse overtime prohibition.
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8 | (a) As used in this Section | ||||||||||||||||||||||||||
9 | "Nurse" means any registered nurse, licensed practical | ||||||||||||||||||||||||||
10 | nurse, or assistive nursing professional who receives an hourly | ||||||||||||||||||||||||||
11 | wage and has direct responsibility to oversee or carry out | ||||||||||||||||||||||||||
12 | medical regimens or nursing care for one or more patients.
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13 | "Overtime" means work in excess of an agreed-to, | ||||||||||||||||||||||||||
14 | predetermined scheduled work shift not to exceed 16 hours in | ||||||||||||||||||||||||||
15 | any 24-hour period, or work in excess of 120 hours in a | ||||||||||||||||||||||||||
16 | consecutive 14-day period, but does not include time spent by | ||||||||||||||||||||||||||
17 | nurses being on call.
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18 | "On-call" means available for a specific time period but | ||||||||||||||||||||||||||
19 | not scheduled to a patient-specific assignment until and when | ||||||||||||||||||||||||||
20 | patient needs require nursing services and requested to work in | ||||||||||||||||||||||||||
21 | order to assure the availability of qualified, specialty staff | ||||||||||||||||||||||||||
22 | to meet an unexpected patient need or provide continuity | ||||||||||||||||||||||||||
23 | through completion of a case, treatment, or procedure.
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24 | "Unforeseen emergent circumstance" means an unexpected | ||||||||||||||||||||||||||
25 | circumstance calling for additional clinical assistance or | ||||||||||||||||||||||||||
26 | care where the employer has no reasonable alternative for | ||||||||||||||||||||||||||
27 | obtaining such care or assistance.
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28 | (b) No nurse may be required to work overtime except in the | ||||||||||||||||||||||||||
29 | case of an unforeseen emergent circumstance when overtime is | ||||||||||||||||||||||||||
30 | required only as a last resort. A nurse may be required to work | ||||||||||||||||||||||||||
31 | overtime if: (i) the work is a consequence of an emergency | ||||||||||||||||||||||||||
32 | situation which could not have been reasonably anticipated; |
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1 | (ii) the nurse has critical skills and expertise that are | ||||||
2 | required for the work; (iii) the State has enacted its medical | ||||||
3 | disaster plan; or (iv) the standard of care for a patient | ||||||
4 | assignment requires continuity of care through completion of a | ||||||
5 | case, treatment, or procedure. In calculating overtime, | ||||||
6 | on-call hours are not considered until patient needs requires | ||||||
7 | nursing services and the nurse is then requested to work in | ||||||
8 | order to assure the availability of qualified, specialty staff | ||||||
9 | to meet an unexpected patient need or provide continuity | ||||||
10 | through completion of a case, treatment, or procedure.
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11 | (c) A violation of this Section must be proven by clear and | ||||||
12 | convincing evidence that a nurse was required to work overtime | ||||||
13 | against his or her will. The hospital may defeat the claim of a | ||||||
14 | violation by presenting clear and convincing evidence that an | ||||||
15 | unforeseen emergent circumstance, which required overtime work | ||||||
16 | only as a last resort, existed at the time the employee was | ||||||
17 | required or compelled to work.
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18 | (d) Every hospital must keep a summary of this Section | ||||||
19 | approved by the Director of Labor posted in a conspicuous and | ||||||
20 | accessible place in or about the premises wherever any person | ||||||
21 | subject to this Section is employed. The Department of Labor | ||||||
22 | must furnish copies of the summary on request to hospitals, | ||||||
23 | without charge.
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24 | Section 10. The Nursing and Advanced Practice Nursing Act | ||||||
25 | is amended by changing Section 10-45 as follows:
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26 | (225 ILCS 65/10-45)
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27 | (Section scheduled to be repealed on January 1, 2008)
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28 | Sec. 10-45. Grounds for disciplinary action.
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29 | (a) The Department may, upon recommendation of the Board, | ||||||
30 | refuse to issue or
to renew, or may revoke, suspend, place on
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31 | probation, reprimand, or take other disciplinary action as the | ||||||
32 | Department
may deem appropriate with regard to a license for | ||||||
33 | any one or combination
of the causes set forth in subsection | ||||||
34 | (b) below. Fines up to
$2,500 may be imposed
in conjunction |
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1 | with other forms of disciplinary action for those violations
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2 | that result in monetary gain for the licensee. Fines shall not | ||||||
3 | be
the
exclusive disposition of any disciplinary action arising | ||||||
4 | out of conduct
resulting in death or injury to a patient. Fines | ||||||
5 | shall not be assessed in
disciplinary actions involving mental | ||||||
6 | or physical illness or impairment.
All fines collected under | ||||||
7 | this Section shall be deposited in the Nursing
Dedicated and | ||||||
8 | Professional Fund.
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9 | (b) Grounds for disciplinary action include the following:
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10 | (1) Material deception in furnishing information to | ||||||
11 | the
Department.
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12 | (2) Material violations of any provision of this Act or | ||||||
13 | violation of the rules of or final administrative action of
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14 | the Director, after consideration of the recommendation of | ||||||
15 | the Board.
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16 | (3) Conviction of any crime under the laws of any | ||||||
17 | jurisdiction
of the
United States: (i) which is a felony; | ||||||
18 | or (ii) which is a misdemeanor, an
essential element of | ||||||
19 | which is dishonesty, or (iii) of any crime which is
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20 | directly related to the practice of the profession.
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21 | (4) A pattern of practice or other behavior which | ||||||
22 | demonstrates
incapacity
or incompetency to practice under | ||||||
23 | this Act.
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24 | (5) Knowingly aiding or assisting another person in | ||||||
25 | violating
any
provision of this Act or rules.
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26 | (6) Failing, within 90 days, to provide a response to a | ||||||
27 | request
for
information in response to a written request | ||||||
28 | made by the Department by
certified mail.
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29 | (7) Engaging in dishonorable, unethical or | ||||||
30 | unprofessional
conduct of a
character likely to deceive, | ||||||
31 | defraud or harm the public, as defined by
rule.
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32 | (8) Unlawful sale or distribution of any drug, | ||||||
33 | narcotic, or
prescription
device, or unlawful conversion | ||||||
34 | of any drug, narcotic or prescription
device.
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35 | (9) Habitual or excessive use or addiction to alcohol,
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36 | narcotics,
stimulants, or any other chemical agent or drug |
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1 | which results in a licensee's
inability to practice with | ||||||
2 | reasonable judgment, skill or safety.
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3 | (10) Discipline by another U.S. jurisdiction or | ||||||
4 | foreign
nation, if at
least one of the grounds for the | ||||||
5 | discipline is the same or substantially
equivalent to those | ||||||
6 | set forth in this Section.
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7 | (11) A finding that the licensee, after having her or | ||||||
8 | his
license placed on
probationary status, has violated the | ||||||
9 | terms of probation.
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10 | (12) Being named as a perpetrator in an indicated | ||||||
11 | report by
the
Department of Children and Family Services | ||||||
12 | and under the Abused and
Neglected Child Reporting Act, and | ||||||
13 | upon proof by clear and
convincing evidence that the | ||||||
14 | licensee has caused a child to be an abused
child or | ||||||
15 | neglected child as defined in the Abused and Neglected | ||||||
16 | Child
Reporting Act.
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17 | (13) Willful omission to file or record, or willfully | ||||||
18 | impeding
the
filing or recording or inducing another person | ||||||
19 | to omit to file or record
medical reports as required by | ||||||
20 | law or willfully failing to report an
instance of suspected | ||||||
21 | child abuse or neglect as required by the Abused and
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22 | Neglected Child Reporting Act.
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23 | (14) Gross negligence in the practice of nursing.
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24 | (15) Holding oneself out to be practicing nursing under | ||||||
25 | any
name other
than one's own.
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26 | (16) Fraud, deceit or misrepresentation in applying | ||||||
27 | for or
procuring
a license under this Act or in connection | ||||||
28 | with applying for renewal of a
license under this Act.
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29 | (17) Allowing another person or organization to use the
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30 | licensees'
license to deceive the public.
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31 | (18) Willfully making or filing false records or | ||||||
32 | reports in
the
licensee's practice, including but not | ||||||
33 | limited to false
records to support claims against the | ||||||
34 | medical assistance program of the
Department of Public Aid | ||||||
35 | under the Illinois Public Aid Code.
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36 | (19) Attempting to subvert or cheat on a nurse |
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1 | licensing
examination
administered under this Act.
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2 | (20) Immoral conduct in the commission of an act, such | ||||||
3 | as sexual abuse,
sexual misconduct, or sexual | ||||||
4 | exploitation, related to the licensee's practice.
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5 | (21) Willfully or negligently violating the | ||||||
6 | confidentiality
between nurse
and patient except as | ||||||
7 | required by law.
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8 | (22) Practicing under a false or assumed name, except | ||||||
9 | as provided by law.
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10 | (23) The use of any false, fraudulent, or deceptive | ||||||
11 | statement
in any
document connected with the licensee's | ||||||
12 | practice.
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13 | (24) Directly or indirectly giving to or receiving from | ||||||
14 | a person, firm,
corporation, partnership, or association a | ||||||
15 | fee, commission, rebate, or other
form of compensation for | ||||||
16 | professional services not actually or personally
rendered.
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17 | (25) Failure of a licensee to report to the Department | ||||||
18 | any
adverse final
action taken against such licensee by | ||||||
19 | another licensing jurisdiction (any other
jurisdiction of | ||||||
20 | the United States or any foreign state or country), by any
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21 | peer review body, by any health care institution, by any | ||||||
22 | professional or
nursing society or association, by any | ||||||
23 | governmental agency, by any law
enforcement agency, or by | ||||||
24 | any court or a nursing liability claim related to
acts or | ||||||
25 | conduct similar to acts or conduct that would constitute
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26 | grounds
for action as defined in this Section.
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27 | (26) Failure of a licensee to report to the Department
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28 | surrender by the
licensee of a license or authorization to | ||||||
29 | practice nursing in another state
or jurisdiction, or | ||||||
30 | current surrender by the licensee of membership on any
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31 | nursing staff or in any nursing or professional association | ||||||
32 | or society
while under disciplinary investigation by any of | ||||||
33 | those authorities or
bodies for acts or conduct similar to | ||||||
34 | acts or conduct that would
constitute grounds for action as | ||||||
35 | defined by this Section.
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36 | (27) A violation of the Health Care Worker |
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1 | Self-Referral Act.
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2 | (28) Physical illness, including but not limited to | ||||||
3 | deterioration
through
the aging process or loss of motor | ||||||
4 | skill, mental illness, or disability that
results in the | ||||||
5 | inability to practice the profession with reasonable | ||||||
6 | judgment,
skill, or safety.
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7 | (29) Providing direct nursing care to assigned | ||||||
8 | patients in excess of 120 hours in a consecutive 14-day | ||||||
9 | period from all settings and for all employers and agencies | ||||||
10 | during each 2-week period except in the case of an | ||||||
11 | unforeseen emergent circumstance in a hospital when | ||||||
12 | overtime is required only as a last resort. A nurse may be | ||||||
13 | required to work overtime in a hospital if (i) the work is | ||||||
14 | a consequence of an emergency situation that could not have | ||||||
15 | been reasonably anticipated; (ii) the nurse has critical | ||||||
16 | skills and expertise that are required for the work; (iii) | ||||||
17 | the State has enacted its medical disaster plan; or (iv) | ||||||
18 | the standard of care for a patient assignment requires | ||||||
19 | continuity of care through completion of a case, treatment, | ||||||
20 | or procedure.
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21 | (c) The determination by a circuit court that a licensee is
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22 | subject to
involuntary admission or judicial admission as | ||||||
23 | provided in the Mental
Health and Developmental Disabilities | ||||||
24 | Code, as amended, operates as an
automatic suspension. The | ||||||
25 | suspension will end only upon a finding
by a
court that the | ||||||
26 | patient is no longer subject to involuntary admission or
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27 | judicial admission and issues an order so finding and | ||||||
28 | discharging the
patient; and upon the recommendation of the | ||||||
29 | Board to the
Director that
the licensee be allowed to resume | ||||||
30 | his or her practice.
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31 | (d) The Department may refuse to issue or may suspend the
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32 | license of any
person who fails to file a return, or to pay the | ||||||
33 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
34 | final assessment of the tax,
penalty, or interest as required | ||||||
35 | by any tax Act administered by the
Illinois Department of | ||||||
36 | Revenue, until such time as the requirements of any
such tax |
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1 | Act are satisfied.
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2 | (e) In enforcing this Section, the Department or Board upon | ||||||
3 | a showing of a
possible
violation may compel an individual | ||||||
4 | licensed to practice under this Act, or
who has applied for | ||||||
5 | licensure under this Act, to submit
to a mental or physical | ||||||
6 | examination, or both, as required by and at the expense
of the | ||||||
7 | Department. The Department or Board may order the examining | ||||||
8 | physician to
present
testimony concerning the mental or | ||||||
9 | physical examination of the licensee or
applicant. No | ||||||
10 | information shall be excluded by reason of any common law or
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11 | statutory privilege relating to communications between the | ||||||
12 | licensee or
applicant and the examining physician. The | ||||||
13 | examining
physicians
shall be specifically designated by the | ||||||
14 | Board or Department.
The individual to be examined may have, at | ||||||
15 | his or her own expense, another
physician of his or her choice | ||||||
16 | present during all
aspects of this examination. Failure of an | ||||||
17 | individual to submit to a mental
or
physical examination, when | ||||||
18 | directed, shall be grounds for suspension of his or
her
license | ||||||
19 | until the individual submits to the examination if the | ||||||
20 | Department
finds,
after notice and hearing, that the refusal to | ||||||
21 | submit to the examination was
without reasonable cause.
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22 | If the Department or Board finds an individual unable to | ||||||
23 | practice because
of
the
reasons
set forth in this Section, the | ||||||
24 | Department or Board may require that individual
to submit
to
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25 | care, counseling, or treatment by physicians approved
or | ||||||
26 | designated by the Department or Board, as a condition, term, or | ||||||
27 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
28 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
29 | Department may file, or
the Board may recommend to the | ||||||
30 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
31 | or otherwise discipline the license of the individual.
An | ||||||
32 | individual whose
license was granted, continued, reinstated, | ||||||
33 | renewed, disciplined or supervised
subject to such terms, | ||||||
34 | conditions, or restrictions, and who fails to comply
with
such | ||||||
35 | terms, conditions, or restrictions, shall be referred to the | ||||||
36 | Director for
a
determination as to whether the individual shall |
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1 | have his or her license
suspended immediately, pending a | ||||||
2 | hearing by the Department.
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3 | In instances in which the Director immediately suspends a | ||||||
4 | person's license
under this Section, a hearing on that person's | ||||||
5 | license must be convened by
the Department within 15 days after | ||||||
6 | the suspension and completed without
appreciable
delay.
The | ||||||
7 | Department and Board shall have the authority to review the | ||||||
8 | subject
individual's record of
treatment and counseling | ||||||
9 | regarding the impairment to the extent permitted by
applicable | ||||||
10 | federal statutes and regulations safeguarding the | ||||||
11 | confidentiality of
medical records.
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12 | An individual licensed under this Act and affected under | ||||||
13 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
14 | the Department or Board that he or
she can resume
practice in | ||||||
15 | compliance with acceptable and prevailing standards under the
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16 | provisions of his or her license.
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17 | (Source: P.A. 90-742, eff. 8-13-98.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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