97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1164

 

Introduced 02/08/11, by Rep. Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 510/510-40 new
20 ILCS 1705/4.2a new
20 ILCS 2310/2310-13 new
20 ILCS 2805/2.09 new
305 ILCS 5/12-4.43 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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1164LRB097 05316 KTG 45371 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Children and Family Services
5Powers Law of the Civil Administrative Code of Illinois is
6amended 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
11Department in excess of an agreed-to, predetermined work shift.
12Time spent by nurses required to be available as a condition of
13employment in specialized units shall not be counted or
14considered in calculating the amount of time worked for the
15purpose of applying the prohibition against mandated overtime
16under subsection (b).
17    "Nurse" means any advanced practice nurse, registered
18professional nurse, or licensed practical nurse, as defined in
19the Nurse Practice Act, who receives an hourly wage and has
20direct responsibility to oversee or carry out nursing care or
21related duties.
22    "Unforeseen emergent circumstance" means (i) any declared
23national, State, or municipal disaster or other catastrophic

 

 

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1event, or any implementation of a disaster plan, that will
2substantially affect or increase the need for health care
3services or (ii) any circumstance in which patient care needs
4require specialized nursing skills through the completion of a
5procedure. An "unforeseen emergent circumstance" does not
6include situations in which the Department fails to have enough
7nursing staff to meet its usual and reasonably predictable
8nursing needs.
9    (b) Mandated overtime prohibited. No nurse may be required
10to work mandated overtime except in the case of an unforeseen
11emergent circumstance when such overtime is required only as a
12last resort. Such mandated overtime shall not exceed 4 hours
13beyond an agreed-to, predetermined work shift.
14    (c) Off-duty period. When a nurse is mandated to work up to
1512 consecutive hours, the nurse must be allowed at least 8
16consecutive hours of off-duty time immediately following the
17completion of a shift.
18    (d) Retaliation prohibited. The Department may not
19discipline, discharge, or take any other adverse employment
20action against a nurse solely because the nurse refused to work
21mandated overtime as prohibited under subsection (b).
22    (e) Violations. Any employee of the Department of Children
23and Family Services who is subject to this Section may file a
24complaint with the Department of Labor regarding an alleged
25violation of this Section. The complaint must be filed within
2645 days following the occurrence of the incident giving rise to

 

 

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1the alleged violation. The Department of Labor must forward
2notification of the alleged violation to the Department of
3Children and Family Services within 3 business days after the
4complaint is filed. The Department of Labor shall work with the
5Department of Children and Family Services to resolve the
6alleged violation.
7    (f) Proof of violation. Any violation of this Section must
8be proved by clear and convincing evidence that a nurse was
9required or compelled to work overtime against his or her will.
10The Department may defeat the claim of a violation by
11presenting clear and convincing evidence that an unforeseen
12emergent circumstance, which required overtime work, existed
13at the time the employee was required or compelled to work.
 
14    Section 10. The Mental Health and Developmental
15Disabilities Administrative Act is amended by adding Section
164.2a 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
21facility described in subsection (a) of Section 4 of this Act
22in excess of an agreed-to, predetermined work shift. Time spent
23by nurses required to be available as a condition of employment
24in specialized units shall not be counted or considered in

 

 

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1calculating the amount of time worked for the purpose of
2applying the prohibition against mandated overtime under
3subsection (b).
4    "Nurse" means any advanced practice nurse, registered
5professional nurse, or licensed practical nurse, as defined in
6the Nurse Practice Act, who receives an hourly wage and has
7direct responsibility to oversee or carry out nursing care or
8related duties.
9    "Unforeseen emergent circumstance" means (i) any declared
10national, State, or municipal disaster or other catastrophic
11event, or any implementation of the disaster plan of a facility
12described in subsection (a) of Section 4, that will
13substantially affect or increase the need for health care
14services or (ii) any circumstance in which patient care needs
15require specialized nursing skills through the completion of a
16procedure. An "unforeseen emergent circumstance" does not
17include situations in which a facility fails to have enough
18nursing staff to meet the usual and reasonably predictable
19nursing needs of its recipients.
20    (b) Mandated overtime prohibited. No nurse may be required
21to work mandated overtime except in the case of an unforeseen
22emergent circumstance when such overtime is required only as a
23last resort. Such mandated overtime shall not exceed 4 hours
24beyond an agreed-to, predetermined work shift.
25    (c) Off-duty period. When a nurse is mandated to work up to
2612 consecutive hours, the nurse must be allowed at least 8

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1national, State, or municipal disaster or other catastrophic
2event, or any implementation of a facility's disaster plan,
3that will substantially affect or increase the need for health
4care services or (ii) any circumstance in which patient care
5needs require specialized nursing skills through the
6completion of a procedure. An "unforeseen emergent
7circumstance" does not include situations in which a facility
8fails to have enough nursing staff to meet the usual and
9reasonably predictable nursing needs of its residents.
10    (b) Mandated overtime prohibited. No nurse may be required
11to work mandated overtime except in the case of an unforeseen
12emergent circumstance when such overtime is required only as a
13last resort. Such mandated overtime shall not exceed 4 hours
14beyond an agreed-to, predetermined work shift.
15    (c) Off-duty period. When a nurse is mandated to work up to
1612 consecutive hours, the nurse must be allowed at least 8
17consecutive hours of off-duty time immediately following the
18completion of a shift.
19    (d) Retaliation prohibited. No facility may discipline,
20discharge, or take any other adverse employment action against
21a nurse solely because the nurse refused to work mandated
22overtime as prohibited under subsection (b).
23    (e) Violations. Any employee of a facility that is subject
24to this Act may file a complaint with the Department of Labor
25regarding an alleged violation of this Section. The complaint
26must be filed within 45 days following the occurrence of the

 

 

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1incident giving rise to the alleged violation. The Department
2of Labor must forward notification of the alleged violation to
3the Department of Veterans' Affairs and to the facility in
4question within 3 business days after the complaint is filed.
5The Department of Labor shall work with the facility to resolve
6the alleged violation.
7    (f) Proof of violation. Any violation of this Section must
8be proved by clear and convincing evidence that a nurse was
9required or compelled to work overtime against his or her will.
10The facility may defeat the claim of a violation by presenting
11clear and convincing evidence that an unforeseen emergent
12circumstance, which required overtime work, existed at the time
13the employee was required or compelled to work.
 
14    Section 25. The Illinois Public Aid Code is amended by
15adding Section 12-4.43 as follows:
 
16    (305 ILCS 5/12-4.43 new)
17    Sec. 12-4.43. Nurse mandated overtime prohibited.
18    (a) Definitions. As used in this Section:
19    "Mandated overtime" means work that is required by the
20Department of Healthcare and Family Services in excess of an
21agreed-to, predetermined work shift. Time spent by nurses
22required to be available as a condition of employment in
23specialized units shall not be counted or considered in
24calculating the amount of time worked for the purpose of

 

 

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1applying the prohibition against mandated overtime under
2subsection (b).
3    "Nurse" means any advanced practice nurse, registered
4professional nurse, or licensed practical nurse, as defined in
5the Nurse Practice Act, who receives an hourly wage and has
6direct responsibility to oversee or carry out nursing care or
7related duties.
8    "Unforeseen emergent circumstance" means (i) any declared
9national, State, or municipal disaster or other catastrophic
10event, or any implementation of a disaster plan, that will
11substantially affect or increase the need for health care
12services or (ii) any circumstance in which patient care needs
13require specialized nursing skills through the completion of a
14procedure. An "unforeseen emergent circumstance" does not
15include situations in which the Department fails to have enough
16nursing staff to meet its usual and reasonably predictable
17nursing needs.
18    (b) Mandated overtime prohibited. No nurse may be required
19to work mandated overtime except in the case of an unforeseen
20emergent circumstance when such overtime is required only as a
21last resort. Such mandated overtime shall not exceed 4 hours
22beyond an agreed-to, predetermined work shift.
23    (c) Off-duty period. When a nurse is mandated to work up to
2412 consecutive hours, the nurse must be allowed at least 8
25consecutive hours of off-duty time immediately following the
26completion of a shift.

 

 

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1    (d) Retaliation prohibited. The Department may not
2discipline, discharge, or take any other adverse employment
3action against a nurse solely because the nurse refused to work
4mandated overtime as prohibited under subsection (b).
5    (e) Violations. Any employee of the Department who is
6subject to this Section may file a complaint with the
7Department of Labor regarding an alleged violation of this
8Section. The complaint must be filed within 45 days following
9the occurrence of the incident giving rise to the alleged
10violation. The Department of Labor must forward notification of
11the alleged violation to the Department of Healthcare and
12Family Services within 3 business days after the complaint is
13filed. The Department of Labor shall work with the Department
14of Healthcare and Family Services to resolve the alleged
15violation.
16    (f) Proof of violation. Any violation of this Section must
17be proved by clear and convincing evidence that a nurse was
18required or compelled to work overtime against his or her will.
19The Department of Healthcare and Family Services may defeat the
20claim of a violation by presenting clear and convincing
21evidence that an unforeseen emergent circumstance, which
22required overtime work, existed at the time the employee was
23required or compelled to work.
 
24    Section 30. The Unified Code of Corrections is amended by
25adding Section 3-6-2.10 as follows:
 

 

 

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1    (730 ILCS 5/3-6-2.10 new)
2    Sec. 3-6-2.10. Nurse mandated overtime prohibited.
3    (a) Definitions. As used in this Section:
4    "Mandated overtime" means work that is required by a
5correctional facility regulated under this Code in excess of an
6agreed-to, predetermined work shift. Time spent by nurses
7required to be available as a condition of employment in
8specialized units shall not be counted or considered in
9calculating the amount of time worked for the purpose of
10applying the prohibition against mandated overtime under
11subsection (b).
12    "Nurse" means any advanced practice nurse, registered
13professional nurse, or licensed practical nurse, as defined in
14the Nurse Practice Act, who receives an hourly wage and has
15direct responsibility to oversee or carry out nursing care or
16related duties.
17    "Unforeseen emergent circumstance" means (i) any declared
18national, State, or municipal disaster or other catastrophic
19event, or any implementation of the disaster plan of a
20correctional facility regulated under this Code, that will
21substantially affect or increase the need for health care
22services or (ii) any circumstance in which patient care needs
23require specialized nursing skills through the completion of a
24procedure. An "unforeseen emergent circumstance" does not
25include situations in which a correctional facility fails to

 

 

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

 

 

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