Rep. Angelo Saviano
Filed: 3/30/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4436
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4436, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Hospital Licensing Act is amended by adding | ||||||
6 | Section 17 as follows: | ||||||
7 | (210 ILCS 85/17 new) | ||||||
8 | Sec. 17. Nurse overtime prohibited. | ||||||
9 | (a) Definitions. As used in this Section: | ||||||
10 | "Nurse" means any registered nurse, licensed practical | ||||||
11 | nurse, or assistive nursing professional who receives an hourly | ||||||
12 | wage and has direct responsibility to oversee or carry out | ||||||
13 | medical regimens or nursing care for one or more patients. | ||||||
14 | "Overtime" means work in excess of an agreed-to, | ||||||
15 | predetermined scheduled work shift not to exceed 16 hours in | ||||||
16 | any 24-hour period, or work in excess of 120 hours in a | ||||||
17 | consecutive 14-day period, but does not include time spent by | ||||||
18 | nurses being on call. In a hospital for which a collective | ||||||
19 | bargaining agreement is in place, the collective bargaining | ||||||
20 | agreement shall prevail. | ||||||
21 | "On-call" means the status of a nurse who has agreed to be | ||||||
22 | scheduled as available for a specific time period but who is | ||||||
23 | not scheduled to a patient-specific assignment until and when | ||||||
24 | patient needs require the nurse's nursing services and the |
| |||||||
| |||||||
1 | nurse is then requested to work in order to ensure the | ||||||
2 | availability of qualified specialty staff to meet an unexpected | ||||||
3 | patient need or provide continuity through completion of a | ||||||
4 | case, treatment or procedure. | ||||||
5 | "Unforeseen emergent circumstance" means an unusual, | ||||||
6 | unpredictable, unforeseen, or unexpected circumstance calling | ||||||
7 | for additional clinical assistance or care where the hospital | ||||||
8 | has no reasonable alternative for obtaining such care or | ||||||
9 | assistance. | ||||||
10 | (b) Overtime prohibited. No nurse shall be required to work | ||||||
11 | overtime except in the case of an unforeseen emergent | ||||||
12 | circumstance when overtime is required only as a last resort. A | ||||||
13 | nurse shall be required to work overtime if: | ||||||
14 | (1) the work is a consequence of an emergency situation | ||||||
15 | that could not have been reasonably anticipated; | ||||||
16 | (2) the nurse has critical skills and expertise that | ||||||
17 | are required for the work; | ||||||
18 | (3) the State has enacted its medical disaster plan; or | ||||||
19 | (4) the standard of care for a patient assignment | ||||||
20 | requires continuity of care through completion of a case, | ||||||
21 | treatment, or procedure. | ||||||
22 | In calculating overtime, on-call hours are not considered | ||||||
23 | until patient need requires nursing services and the nurse is | ||||||
24 | then requested to work in order to ensure the availability of | ||||||
25 | qualified specialty staff to meet an unexpected patient need or | ||||||
26 | provide continuity through completion of a case, treatment, or | ||||||
27 | procedure. | ||||||
28 | (c) Violations. Any employee of a hospital that is subject | ||||||
29 | to this Act may file a complaint with the Department of Public | ||||||
30 | Health regarding an alleged violation of this Section. The | ||||||
31 | complaint must be filed within 30 days following the occurrence | ||||||
32 | of the incident giving rise to the alleged violation. The | ||||||
33 | Department must forward notification of the alleged violation | ||||||
34 | to the hospital in question within 3 business days after the |
| |||||||
| |||||||
1 | complaint is filed. | ||||||
2 | A violation of this Section must be proven by clear and | ||||||
3 | convincing evidence that a nurse was required to work overtime | ||||||
4 | against his or her will. The hospital may defeat the claim of a | ||||||
5 | violation by clear and convincing evidence that an unforeseen | ||||||
6 | emergent circumstance, which required overtime work only as a | ||||||
7 | last resort, existed at the time the employee was required or | ||||||
8 | compelled to work. | ||||||
9 | Upon receiving a complaint of a violation of this Section, | ||||||
10 | the Department may take any action authorized under Section 7 | ||||||
11 | or 9 of this Act.
| ||||||
12 | (d) Posting of summary. Every hospital that is subject to | ||||||
13 | this Act must keep a summary of this Section approved by the | ||||||
14 | Director of Labor posted in a conspicuous and accessible place | ||||||
15 | in or about the premises wherever any person subject to this | ||||||
16 | Section is employed. The Department of Labor must furnish | ||||||
17 | copies of the summary on request to hospitals, without charge.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|