99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5637

 

Introduced , by Rep. Chad Hays

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-202.07 new

    Amends the Nursing Home Care Act. Provides that no nurse may be required to work mandated overtime, except in the case of an unforeseen emergent circumstance when such overtime is only required as a last resort. Defines "mandated overtime", "nurse", and "unforeseen emergent circumstance". Provides that if 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 immediately following the completion of a shift. Prohibits a facility from disciplining, discharging, or taking any other adverse employment action against a nurse solely because the nurse refused to work mandated overtime. Establishes procedures for filing a complaint with the Department of Public Health alleging a violation of the prohibition on mandated overtime and the burden of proof for determining whether a violation occurred. Effective immediately.


LRB099 19257 MJP 43649 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5637LRB099 19257 MJP 43649 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by adding
5Section 3-202.07 as follows:
 
6    (210 ILCS 45/3-202.07 new)
7    Sec. 3-202.07. Nurse mandated overtime prohibited.
8    (a) Definitions. As used in this Section:
9    "Mandated overtime" means work that is required by the
10facility in excess of an agreed-to, predetermined work shift.
11    "Nurse" means any advanced practice nurse (except for a
12certified registered nurse anesthetist who is primarily
13engaged in performing the duties of a nurse anesthetist),
14registered professional nurse, or licensed practical nurse, as
15defined in the Nurse Practice Act, who receives an hourly wage
16and has direct responsibility to oversee or carry out nursing
17care.
18    "Unforeseen emergent circumstance" means (i) any declared
19national, State, or municipal disaster or other catastrophic
20event, or any implementation of a facility's disaster plan,
21that will substantially affect or increase the need for health
22care services or (ii) any circumstance in which patient care
23needs require specialized nursing skills through the

 

 

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1completion of a procedure. "Unforeseen emergent circumstance"
2does not include a situation in which the facility fails to
3have enough nursing staff to meet the usual and reasonably
4predictable nursing needs of its residents.
5    (b) No nurse may be required to work mandated overtime,
6except in the case of an unforeseen emergent circumstance when
7such overtime is required only as a last resort. Such mandated
8overtime shall not exceed 4 hours beyond an agreed-to,
9predetermined work shift.
10    (c) If a nurse is mandated to work up to 12 consecutive
11hours, the nurse must be allowed at least 8 consecutive hours
12of off-duty time immediately following the completion of a
13shift.
14    (d) No facility may discipline, discharge, or take any
15other adverse employment action against a nurse solely because
16the nurse refused to work mandated overtime as prohibited under
17subsection (b).
18    (e) Any employee of a facility that is subject to this Act
19may file a complaint with the Department regarding an alleged
20violation of this Section. The complaint must be filed within
2145 days following the occurrence of the incident giving rise to
22the alleged violation. The Department must forward
23notification of the alleged violation to the facility in
24question within 3 business days after the complaint is filed.
25Upon receiving a complaint of a violation of this Section, the
26Department may take any action authorized under Section 3-119

 

 

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1or 3-212 of this Act.
2    (f) Any violation of this Section must be proved by clear
3and convincing evidence that a nurse was required to work
4overtime against his or her will. The facility may defeat the
5claim of a violation by presenting clear and convincing
6evidence that an unforeseen emergent circumstance, which
7required overtime work, existed at the time the employee was
8required or compelled to work.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.