95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2195


 
Introduced 2/14/2008, by Sen. M. Maggie Crotty
 
SYNOPSIS AS INTRODUCED:
 		













20 ILCS 510/510-40 new






20 ILCS 1705/4.2a new






20 ILCS 2310/2310-12 new






20 ILCS 2805/2.09 new






305 ILCS 5/12-4.37 new






730 ILCS 5/3-6-2.10 new










    Amends the Department of Children and Family Services Powers Law of the
Civil Administrative Code of Illinois, the Mental Health and Developmental Disabilities Administrative Act, the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, the Department of Veterans Affairs Act, the Illinois Public Aid Code, and the Unified Code of Corrections. Provides that no nurse who is paid an hourly wage and who has direct responsibility to oversee or carry out nursing care or related duties may be required to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a last resort, and limits the time of such overtime. Provides that when a nurse is mandated to work up to 12 consecutive hours, the nurse must be allowed at least 8 consecutive hours of off-duty time. Prohibits retaliation because a nurse refuses to work mandated overtime as prohibited under these provisions. Authorizes the filing of complaints alleging violations of these provisions. Effective immediately.
















LRB095 15671 DRJ 41676 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2195

LRB095 15671 DRJ 41676 b






1
    AN ACT concerning State government.

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


 
4
    Section 5. The Department of Children and Family Services 
5
Powers Law of the
Civil Administrative Code of Illinois is 
6
amended  by adding Section 510-40 as follows:
 
7
    (20 ILCS 510/510-40  new)
8
    Sec. 510-40. Nurse mandated overtime prohibited.
9
    (a) Definitions. As used in this Section:
10
    "Mandated overtime" means work that is required by the 
11
Department in excess of an agreed-to, predetermined work shift.  
12
Time spent by nurses required to be available as a condition of 
13
employment in specialized units shall not be counted or 
14
considered in calculating the amount of time worked for the 
15
purpose of applying the prohibition against mandated overtime 
16
under subsection (b).
17
    "Nurse" means any advanced practice nurse, registered 
18
professional nurse, or licensed practical nurse, as defined in 
19
the Nurse Practice Act, who receives an hourly wage and has 
20
direct responsibility to oversee or carry out nursing care or 
21
related duties.
22
    "Unforeseen emergent circumstance" means (i) any declared  
23
national, State, or municipal disaster or other catastrophic 
 


 






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1
event, or any implementation of a disaster plan, that will 
2
substantially affect or increase the need for health  care 
3
services or (ii) any circumstance in which patient care needs 
4
require specialized nursing skills through the completion of a 
5
procedure. An "unforeseen emergent circumstance" does not 
6
include situations in which the Department fails to have enough 
7
nursing staff to meet its usual and reasonably predictable 
8
nursing needs.
9
    (b) Mandated overtime prohibited. No nurse may be required 
10
to work mandated overtime except in the case of an unforeseen 
11
emergent circumstance when such overtime is required only as a 
12
last resort. Such mandated overtime shall not exceed 4 hours 
13
beyond an agreed-to, predetermined work shift.
14
    (c) Off-duty period. When a nurse is mandated to work up to 
15
12 consecutive hours, the nurse must be allowed at least 8 
16
consecutive hours of off-duty time immediately following the 
17
completion of a shift.
18
    (d) Retaliation prohibited. The Department may not 
19
discipline, discharge, or take any other adverse employment 
20
action against  a nurse solely because the nurse refused to work 
21
mandated overtime as prohibited under subsection (b).
22
    (e) Violations. Any employee of the Department of Children 
23
and Family Services who is subject to this Section may file a 
24
complaint with the Department of Labor regarding an alleged 
25
violation of this Section. The complaint must be filed within 
26
45 days following the occurrence of the incident giving rise to 
 


 






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1
the alleged violation. The Department of Labor must forward 
2
notification of the alleged violation to the Department of 
3
Children and Family Services within 3 business days after the 
4
complaint is filed. The Department of Labor shall work with the 
5
Department of Children and Family Services to resolve the 
6
alleged violation.
7
    (f) Proof of violation. Any violation of this Section must 
8
be proved by clear and convincing evidence that a nurse was  
9
required to work overtime against his or her will. The 
10
Department may defeat the claim of a violation by presenting 
11
clear and convincing evidence that an unforeseen emergent 
12
circumstance, which required overtime work, existed at the time 
13
the employee was required or compelled to work.
 
14
    Section 10. The Mental Health and Developmental 
15
Disabilities Administrative Act is amended  by adding Section 
16
4.2a as follows:
 
17
    (20 ILCS 1705/4.2a  new)
18
    Sec. 4.2a. Nurse mandated overtime prohibited.
19
    (a) Definitions. As used in this Section:
20
    "Mandated overtime" means work that is required by a 
21
facility described in subsection (a) of Section 4 of this Act 
22
in excess of an agreed-to, predetermined work shift.  Time spent 
23
by nurses required to be available as a condition of employment 
24
in specialized units shall not be counted or considered in 
 


 






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1
calculating the amount of time worked for the purpose of 
2
applying the prohibition against mandated overtime under 
3
subsection (b).
4
    "Nurse" means any advanced practice nurse, registered 
5
professional nurse, or licensed practical nurse, as defined in 
6
the Nurse Practice Act, who receives an hourly wage and has 
7
direct responsibility to oversee or carry out nursing care.
8
    "Unforeseen emergent circumstance" means (i) any declared  
9
national, State, or municipal disaster or other catastrophic 
10
event, or any implementation of the disaster plan of a facility 
11
described in subsection (a) of Section 4, that will 
12
substantially affect or increase the need for health  care 
13
services or (ii) any circumstance in which patient care needs 
14
require specialized nursing skills through the completion of a 
15
procedure. An "unforeseen emergent circumstance" does not 
16
include situations in which a facility fails to have enough 
17
nursing staff to meet the usual and reasonably predictable 
18
nursing needs of its patients.
19
    (b) Mandated overtime prohibited. No nurse may be required 
20
to work mandated overtime except in the case of an unforeseen 
21
emergent circumstance when such overtime is required only as a 
22
last resort. Such mandated overtime shall not exceed 4 hours 
23
beyond an agreed-to, predetermined work shift.
24
    (c) Off-duty period. When a nurse is mandated to work up to 
25
12 consecutive hours, the nurse must be allowed at least 8 
26
consecutive hours of off-duty time immediately following the 
 


 






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1
completion of a shift.
2
    (d) Retaliation prohibited. No facility may discipline, 
3
discharge, or take any other adverse employment action against  
4
a nurse solely because the nurse refused to work mandated 
5
overtime as prohibited under subsection (b).
6
    (e) Violations. Any employee of a facility that is subject 
7
to this Act may file a complaint with the Department of Labor 
8
regarding an alleged violation of this Section. The complaint 
9
must be filed within 45 days following the occurrence of the 
10
incident giving rise to the alleged violation. The Department 
11
of Labor must forward notification of the alleged violation to 
12
the Department of Human Services or the Department of Public 
13
Health, whichever is responsible for regulating the facility in 
14
question, and to the facility in question within 3 business 
15
days after the complaint is filed. The Department of Labor 
16
shall work with the facility to resolve the alleged violation.
17
    (f) Proof of violation. Any violation of this Section must 
18
be proved by clear and convincing evidence that a nurse was  
19
required to work overtime against his or her will. The facility 
20
may defeat the claim of a violation by presenting clear and 
21
convincing evidence that an unforeseen emergent circumstance, 
22
which required overtime work, existed at the time the employee 
23
was required or compelled to work.
 
24
    Section 15. The Department of Public Health Powers and 
25
Duties Law of the
Civil Administrative Code of Illinois is 
 


 






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1
amended  by adding Section 2310-12 as follows:
 
2
    (20 ILCS 2310/2310-12  new)
3
    Sec. 2310-12. Nurse mandated overtime prohibited.
4
    (a) Definitions. As used in this Section:
5
    "Mandated overtime" means work that is required by the 
6
Department in excess of an agreed-to, predetermined work shift.  
7
Time spent by nurses required to be available as a condition of 
8
employment in specialized units shall not be counted or 
9
considered in calculating the amount of time worked for the 
10
purpose of applying the prohibition against mandated overtime 
11
under subsection (b).
12
    "Nurse" means any advanced practice nurse, registered 
13
professional nurse, or licensed practical nurse, as defined in 
14
the Nurse Practice Act, who receives an hourly wage and has 
15
direct responsibility to oversee or carry out nursing care or 
16
duties.
17
    "Unforeseen emergent circumstance" means (i) any declared  
18
national, State, or municipal disaster or other catastrophic 
19
event, or any implementation of a disaster plan, that will 
20
substantially affect or increase the need for health  care 
21
services or (ii) any circumstance in which patient care needs 
22
require specialized nursing skills through the completion of a 
23
procedure. An "unforeseen emergent circumstance" does not 
24
include situations in which the Department fails to have enough 
25
nursing staff to meet its usual and reasonably predictable 
 


 






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1
nursing needs.
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. The Department may not 
12
discipline, discharge, or take any other adverse employment 
13
action against  a nurse solely because the nurse refused to work 
14
mandated overtime as prohibited under subsection (b).
15
    (e) Violations. Any employee of the Department of Public 
16
Health who is subject to this Section may file a complaint with 
17
the Department of Labor regarding an alleged violation of this 
18
Section. The complaint must be filed within 45 days following 
19
the occurrence of the incident giving rise to the alleged 
20
violation. The Department of Labor must forward notification of 
21
the alleged violation to the Department of Public Health within 
22
3 business days after the complaint is filed. The Department of 
23
Labor shall work with the Department of Public Health to 
24
resolve the alleged violation.
25
    (f) Proof of violation. Any violation of this Section must 
26
be proved by clear and convincing evidence that a nurse was  
 


 






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1
required to work overtime against his or her will. The 
2
Department may defeat the claim of a violation by presenting 
3
clear and convincing evidence that an unforeseen emergent 
4
circumstance, which required overtime work, existed at the time 
5
the employee was required or compelled to work.
 
6
    Section 20. The Department of Veterans Affairs Act is 
7
amended  by adding Section 2.09 as follows:
 
8
    (20 ILCS 2805/2.09  new)
9
    Sec. 2.09. Nurse mandated overtime prohibited.
10
    (a) Definitions. As used in this Section:
11
    "Mandated overtime" means work that is required by a 
12
veterans home in excess of an agreed-to, predetermined work 
13
shift.  Time spent by nurses required to be available as a 
14
condition of employment in specialized units shall not be 
15
counted or considered in calculating the amount of time worked 
16
for the purpose of applying the prohibition against mandated 
17
overtime under subsection (b).
18
    "Nurse" means any advanced practice nurse, registered 
19
professional nurse, or licensed practical nurse, as defined in 
20
the Nurse Practice Act, who receives an hourly wage and has 
21
direct responsibility to oversee or carry out nursing care.
22
    "Unforeseen emergent circumstance" means (i) any declared  
23
national, State, or municipal disaster or other catastrophic 
24
event, or any implementation of a facility's disaster plan, 
 


 






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1
that will substantially affect or increase the need for health  
2
care services or (ii) any circumstance in which patient care 
3
needs require specialized nursing skills through the 
4
completion of a procedure. An "unforeseen emergent 
5
circumstance" does not include situations in which a facility 
6
fails to have enough nursing staff to meet the usual and 
7
reasonably predictable nursing needs of its patients.
8
    (b) Mandated overtime prohibited. No nurse may be required 
9
to work mandated overtime except in the case of an unforeseen 
10
emergent circumstance when such overtime is required only as a 
11
last resort. Such mandated overtime shall not exceed 4 hours 
12
beyond an agreed-to, predetermined work shift.
13
    (c) Off-duty period. When a nurse is mandated to work up to 
14
12 consecutive hours, the nurse must be allowed at least 8 
15
consecutive hours of off-duty time immediately following the 
16
completion of a shift.
17
    (d) Retaliation prohibited. No facility may discipline, 
18
discharge, or take any other adverse employment action against  
19
a nurse solely because the nurse refused to work mandated 
20
overtime as prohibited under subsection (b).
21
    (e) Violations. Any employee of a facility that is subject 
22
to this Act may file a complaint with the Department of Labor 
23
regarding an alleged violation of this Section. The complaint 
24
must be filed within 45 days following the occurrence of the 
25
incident giving rise to the alleged violation. The Department 
26
of Labor must forward notification of the alleged violation to 
 


 






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1
the Department of Veterans' Affairs and to the facility in 
2
question within 3 business days after the complaint is filed. 
3
The Department of Labor shall work with the facility to resolve 
4
the alleged violation.
5
    (f) Proof of violation. Any violation of this Section must 
6
be proved by clear and convincing evidence that a nurse was  
7
required to work overtime against his or her will. The facility 
8
may defeat the claim of a violation by presenting clear and 
9
convincing evidence that an unforeseen emergent circumstance, 
10
which required overtime work, existed at the time the employee 
11
was required or compelled to work.
 
12
    Section 25. The Illinois Public Aid Code is amended  by 
13
adding Section 12-4.37 as follows:
 
14
    (305 ILCS 5/12-4.37 new)

15
    Sec. 12-4.37. Nurse mandated overtime prohibited.
16
    (a) Definitions. As used in this Section:
17
    "Mandated overtime" means work that is required by the 
18
Department of Healthcare and Family Services in excess of an 
19
agreed-to, predetermined work shift.  Time spent by nurses 
20
required to be available as a condition of employment in 
21
specialized units shall not be counted or considered in 
22
calculating the amount of time worked for the purpose of 
23
applying the prohibition against mandated overtime under 
24
subsection (b).
 


 






SB2195
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LRB095 15671 DRJ 41676 b




1
    "Nurse" means any advanced practice nurse, registered 
2
professional nurse, or licensed practical nurse, as defined in 
3
the Nurse Practice Act, who receives an hourly wage and has 
4
direct responsibility to oversee or carry out nursing care or 
5
duties.
6
    "Unforeseen emergent circumstance" means (i) any declared  
7
national, State, or municipal disaster or other catastrophic 
8
event, or any implementation of a disaster plan, that will 
9
substantially affect or increase the need for health  care 
10
services or (ii) any circumstance in which patient care needs 
11
require specialized nursing skills through the completion of a 
12
procedure. An "unforeseen emergent circumstance" does not 
13
include situations in which the Department fails to have enough 
14
nursing staff to meet its usual and reasonably predictable 
15
nursing needs.
16
    (b) Mandated overtime prohibited. No nurse may be required 
17
to work mandated overtime except in the case of an unforeseen 
18
emergent circumstance when such overtime is required only as a 
19
last resort. Such mandated overtime shall not exceed 4 hours 
20
beyond an agreed-to, predetermined work shift.
21
    (c) Off-duty period. When a nurse is mandated to work up to 
22
12 consecutive hours, the nurse must be allowed at least 8 
23
consecutive hours of off-duty time immediately following the 
24
completion of a shift.
25
    (d) Retaliation prohibited. The Department may not 
26
discipline, discharge, or take any other adverse employment 
 


 






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LRB095 15671 DRJ 41676 b




1
action against  a nurse solely because the nurse refused to work 
2
mandated overtime as prohibited under subsection (b).
3
    (e) Violations. Any employee of the Department who is 
4
subject to this Section may file a complaint with the 
5
Department of Labor regarding an alleged violation of this 
6
Section. The complaint must be filed within 45 days following 
7
the occurrence of the incident giving rise to the alleged 
8
violation. The Department of Labor must forward notification of 
9
the alleged violation to the Department of Healthcare and 
10
Family Services within 3 business days after the complaint is 
11
filed. The Department of Labor shall work with the Department 
12
of Healthcare and Family Services to resolve the alleged 
13
violation.
14
    (f) Proof of violation. Any violation of this Section must 
15
be proved by clear and convincing evidence that a nurse was  
16
required to work overtime against his or her will. The 
17
Department of Healthcare and Family Services may defeat the 
18
claim of a violation by presenting clear and convincing 
19
evidence that an unforeseen emergent circumstance, which 
20
required overtime work, existed at the time the employee was 
21
required or compelled to work.
 
22
    Section 30. The Unified Code of Corrections is amended  by 
23
adding Section 3-6-2.10 as follows:
 
24
    (730 ILCS 5/3-6-2.10  new)
 


 






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1
    Sec. 3-6-2.10. Nurse mandated overtime prohibited.
2
    (a) Definitions. As used in this Section:
3
    "Mandated overtime" means work that is required by a 
4
correctional facility regulated under this Code in excess of an 
5
agreed-to, predetermined work shift.  Time spent by nurses 
6
required to be available as a condition of employment in 
7
specialized units shall not be counted or considered in 
8
calculating the amount of time worked for the purpose of 
9
applying the prohibition against mandated overtime under 
10
subsection (b).
11
    "Nurse" means any advanced practice nurse, registered 
12
professional nurse, or licensed practical nurse, as defined in 
13
the Nurse Practice Act, who receives an hourly wage and has 
14
direct responsibility to oversee or carry out nursing care.
15
    "Unforeseen emergent circumstance" means (i) any declared  
16
national, State, or municipal disaster or other catastrophic 
17
event, or any implementation of the disaster plan of a 
18
correctional facility regulated under this Code, that will 
19
substantially affect or increase the need for health  care 
20
services or (ii) any circumstance in which patient care needs 
21
require specialized nursing skills through the completion of a 
22
procedure. An "unforeseen emergent circumstance" does not 
23
include situations in which a correctional facility fails to 
24
have enough nursing staff to meet the usual and reasonably 
25
predictable nursing needs of its patients.
26
    (b) Mandated overtime prohibited. No nurse may be required 
 


 






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1
to work mandated overtime except in the case of an unforeseen 
2
emergent circumstance when such overtime is required only as a 
3
last resort. Such mandated overtime shall not exceed 4 hours 
4
beyond an agreed-to, predetermined work shift.
5
    (c) Off-duty period. When a nurse is mandated to work up to 
6
12 consecutive hours, the nurse must be allowed at least 8 
7
consecutive hours of off-duty time immediately following the 
8
completion of a shift.
9
    (d) Retaliation prohibited. No correctional facility may 
10
discipline, discharge, or take any other adverse employment 
11
action against  a nurse solely because the nurse refused to work 
12
mandated overtime as prohibited under subsection (b).
13
    (e) Violations. Any employee of a correctional facility 
14
that is subject to this Act may file a complaint with the 
15
Department of Labor regarding an alleged violation of this 
16
Section. The complaint must be filed within 45 days following 
17
the occurrence of the incident giving rise to the alleged 
18
violation. The Department of Labor must forward notification of 
19
the alleged violation to the Department of Corrections and to 
20
the correctional facility in question within 3 business days 
21
after the complaint is filed. The Department of Labor shall 
22
work with the correctional facility to resolve the alleged 
23
violation.
24
    (f) Proof of violation. Any violation of this Section must 
25
be proved by clear and convincing evidence that a nurse was  
26
required to work overtime against his or her will. The 
 


 






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1
correctional facility may defeat the claim of a violation by 
2
presenting clear and convincing evidence that an unforeseen 
3
emergent circumstance, which required overtime work, existed 
4
at the time the employee was required or compelled to work.
 

5
    Section 99. Effective date. This Act takes effect upon 
6
becoming law.