SB0201 Enrolled

LRB094 06514 DRJ 36602 b






1
    AN ACT concerning regulation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
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 mandated overtime prohibited.
8
    (a) Definitions. As used in this Section:
9
    "Mandated overtime" means work that is required by the 
10
hospital in excess
of an agreed-to, predetermined work shift. 
11
Time spent by nurses required to be available as a condition of 
12
employment in specialized units, such as surgical nursing 
13
services, shall not be counted or considered in calculating the 
14
amount of time worked for the purpose of applying the 
15
prohibition against mandated overtime under subsection (b).
16
    "Nurse" means any advanced practice nurse, registered

17
professional nurse, or licensed practical nurse, as defined in

18
the Nursing and Advanced Practice Nursing Act, who receives an 
19
hourly wage and has direct responsibility to oversee or carry

20
out nursing care. For the purposes of this Section, "advanced 
21
practice nurse" does not include a certified registered nurse 
22
anesthetist who is primarily engaged in performing the duties 
23
of a nurse anesthetist.
24
    "Unforeseen emergent circumstance" means (i) any declared

25
national, State, or municipal disaster or other catastrophic 
26
event, or any implementation of a hospital's disaster plan, 
27
that will substantially affect or increase the need for health

28
care services or (ii) any circumstance in which patient care 
29
needs require specialized nursing skills through the 
30
completion of a procedure. An "unforeseen emergent 
31
circumstance" does not include situations in which the hospital 
32
fails to have enough nursing staff to meet the usual and 
 


 






SB0201 Enrolled
- 2 -
LRB094 06514 DRJ 36602 b




1
reasonably predictable nursing needs of its patients.
2
    (b) Mandated overtime prohibited. No nurse may be required

3
to work mandated overtime except in the case of an unforeseen 
4
emergent circumstance when such overtime is required only as a

5
last resort. Such mandated overtime shall not exceed 4 hours 
6
beyond an agreed-to, predetermined work shift.
7
    (c) Off-duty period. When a nurse is mandated to work up to 
8
12 consecutive hours, the nurse must be allowed at least 8 
9
consecutive hours of off-duty time immediately following the 
10
completion of a shift.
11
    (d) Retaliation prohibited. No hospital may discipline, 
12
discharge, or take any other adverse employment action against 
13
a nurse solely because the nurse refused to work mandated 
14
overtime as prohibited under subsection (b).
15
    (e) Violations. Any employee of a hospital that is subject

16
to this Act may file a complaint with the Department of Public 
17
Health regarding an alleged violation of this Section. The 
18
complaint must be filed within 45 days following the occurrence 
19
of the incident giving rise to the alleged violation. The 
20
Department must forward notification of the alleged violation 
21
to the hospital in question within 3 business days after the 
22
complaint is filed. Upon receiving a complaint of a violation 
23
of this Section, the Department may take any action authorized 
24
under Section 7 or 9 of this Act.
25
    (f) Proof of violation. Any violation of this Section must

26
be proved by clear and convincing evidence that a nurse was 
27
required to work overtime against his or her will. The hospital 
28
may defeat the claim of a violation by presenting clear and 
29
convincing evidence that an unforeseen emergent circumstance, 
30
which required overtime work, existed at the time the employee 
31
was required or compelled to work.
 

32
    Section 99. Effective date. This Act takes effect upon 
33
becoming law.