|
|
||||
| Public Act 094-0349 |
||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Hospital Licensing Act is amended by adding | ||||
Section 10.9 as follows: | ||||
(210 ILCS 85/10.9 new) | ||||
Sec. 10.9. Nurse mandated overtime prohibited. | ||||
(a) Definitions. As used in this Section: | ||||
"Mandated overtime" means work that is required by the | ||||
hospital in excess
of an agreed-to, predetermined work shift. | ||||
Time spent by nurses required to be available as a condition of | ||||
employment in specialized units, such as surgical nursing | ||||
services, shall not be counted or considered in calculating the | ||||
amount of time worked for the purpose of applying the | ||||
prohibition against mandated overtime under subsection (b). | ||||
"Nurse" means any advanced practice nurse, registered
| ||||
professional nurse, or licensed practical nurse, as defined in
| ||||
the Nursing and Advanced Practice Nursing Act, who receives an | ||||
hourly wage and has direct responsibility to oversee or carry
| ||||
out nursing care. For the purposes of this Section, "advanced | ||||
practice nurse" does not include a certified registered nurse | ||||
anesthetist who is primarily engaged in performing the duties | ||||
of a nurse anesthetist. | ||||
"Unforeseen emergent circumstance" means (i) any declared
| ||||
national, State, or municipal disaster or other catastrophic | ||||
event, or any implementation of a hospital's disaster plan, | ||||
that will substantially affect or increase the need for health
| ||||
care services or (ii) any circumstance in which patient care | ||||
needs require specialized nursing skills through the | ||||
completion of a procedure. An "unforeseen emergent | ||||
circumstance" does not include situations in which the hospital | ||||
fails to have enough nursing staff to meet the usual and | ||||
reasonably predictable nursing needs of its patients. | ||
(b) Mandated overtime prohibited. No nurse 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. Such mandated overtime shall not exceed 4 hours | ||
beyond an agreed-to, predetermined work shift. | ||
(c) Off-duty period. 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 immediately following the | ||
completion of a shift. | ||
(d) Retaliation prohibited. No hospital may discipline, | ||
discharge, or take any other adverse employment action against | ||
a nurse solely because the nurse refused to work mandated | ||
overtime as prohibited under subsection (b). | ||
(e) Violations. Any employee of a hospital that is subject
| ||
to this Act may file a complaint with the Department of Public | ||
Health regarding an alleged violation of this Section. The | ||
complaint must be filed within 45 days following the occurrence | ||
of the incident giving rise to the alleged violation. The | ||
Department must forward notification of the alleged violation | ||
to the hospital in question within 3 business days after the | ||
complaint is filed. Upon receiving a complaint of a violation | ||
of this Section, the Department may take any action authorized | ||
under Section 7 or 9 of this Act. | ||
(f) Proof of violation. Any violation of this Section must
| ||
be proved by clear and convincing evidence that a nurse was | ||
required to work overtime against his or her will. The hospital | ||
may defeat the claim of a violation by presenting clear and | ||
convincing evidence that an unforeseen emergent circumstance, | ||
which required overtime work, existed at the time the employee | ||
was required or compelled to work.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||