|Public Act 094-0349
||LRB094 06514 DRJ 36602 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Hospital Licensing Act is amended by adding
Section 10.9 as follows:
(210 ILCS 85/10.9 new)
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