Full Text of HB4373 093rd General Assembly
HB4373 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4373
Introduced 02/03/04, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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210 ILCS 85/10.9 new |
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225 ILCS 65/10-45 |
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Amends the Hospital Licensing Act. Provides that no nurse may be required to work overtime except in the case of an unforeseen emergent circumstance when overtime is required only as a last resort. Amends the Nursing and Advanced Practice Nursing Act. Adds providing direct nursing care to assigned patients in excess of 120 hours in a consecutive 14-day period from all settings and for all employers and agencies during each 2-week period except in the case of an unforeseen emergent circumstance in a hospital when overtime is required only as a last resort to the grounds for discipline under the Act. Effective immediately.
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A BILL FOR
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HB4373 |
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LRB093 18242 AMC 43941 b |
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| AN ACT concerning nursing.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| (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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| "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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| "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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| "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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| (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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LRB093 18242 AMC 43941 b |
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| (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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| (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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| (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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| Section 10. The Nursing and Advanced Practice Nursing Act | 25 |
| is amended by changing Section 10-45 as follows:
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| (225 ILCS 65/10-45)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10-45. Grounds for disciplinary action.
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| (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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| 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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| with other forms of disciplinary action for those violations
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| 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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| (b) Grounds for disciplinary action include the following:
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| (1) Material deception in furnishing information to | 11 |
| the
Department.
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| (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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| the Director, after consideration of the recommendation of | 15 |
| the Board.
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| (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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| directly related to the practice of the profession.
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| (4) A pattern of practice or other behavior which | 22 |
| demonstrates
incapacity
or incompetency to practice under | 23 |
| this Act.
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| (5) Knowingly aiding or assisting another person in | 25 |
| violating
any
provision of this Act or rules.
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| (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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| (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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| (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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| (9) Habitual or excessive use or addiction to alcohol,
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| narcotics,
stimulants, or any other chemical agent or drug |
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| which results in a licensee's
inability to practice with | 2 |
| reasonable judgment, skill or safety.
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| (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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| (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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| (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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| (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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| Neglected Child Reporting Act.
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| (14) Gross negligence in the practice of nursing.
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| (15) Holding oneself out to be practicing nursing under | 25 |
| any
name other
than one's own.
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| (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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| (17) Allowing another person or organization to use the
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| licensees'
license to deceive the public.
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| (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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| (19) Attempting to subvert or cheat on a nurse |
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| licensing
examination
administered under this Act.
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| (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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| (21) Willfully or negligently violating the | 6 |
| confidentiality
between nurse
and patient except as | 7 |
| required by law.
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| (22) Practicing under a false or assumed name, except | 9 |
| as provided by law.
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| (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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| (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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| (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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| 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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| grounds
for action as defined in this Section.
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| (26) Failure of a licensee to report to the Department
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| 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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| 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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| (27) A violation of the Health Care Worker |
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| Self-Referral Act.
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| (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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| (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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| (c) The determination by a circuit court that a licensee is
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| 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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| 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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| (d) The Department may refuse to issue or may suspend the
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| 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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| Act are satisfied.
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| (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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| 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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| 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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| 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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| have his or her license
suspended immediately, pending a | 2 |
| hearing by the Department.
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| 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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| 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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| provisions of his or her license.
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| (Source: P.A. 90-742, eff. 8-13-98.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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