101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3585

 

Introduced , by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
New Act
210 ILCS 85/2.5 new
225 ILCS 65/50-17 new

    Creates the Hospital Patient Protection Act. Provides for minimum direct care registered professional nurse-to-patient staffing ratios in hospitals, long-term acute care hospitals, and ambulatory surgical treatment centers. Sets forth essential functions of direct care registered professional nurses relating to hospital patient care. Sets forth certain rights of direct care registered professional nurses, including the rights to protected speech and patient advocacy. Prohibits a hospital, long-term acute care hospital, and ambulatory surgical treatment center from interfering with a nurse's exercise of those rights, and prohibits other retaliatory or discriminatory action by a hospital. Provides for monetary and equitable relief for violations of the Act, and provides for civil penalties. Requires a hospital, long-term acute care hospital, and ambulatory surgical treatment center to post certain provisions of the Act for review by the hospital's employees and patients and by the public. Amends the Hospital Licensing Act and the Nurse Practice Act to provide that in the case of a conflict between a provision of either of those Acts and a provision of the Hospital Patient Protection Act, the Hospital Patient Protection Act shall control. Effective January 1, 2020.


LRB101 11020 CPF 56216 b

 

 

A BILL FOR

 

HB3585LRB101 11020 CPF 56216 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. SHORT TITLE

 
5    Section 1-1. Short title. This Act may be cited as the
6Hospital Patient Protection Act.
 
7
ARTICLE 5. DEFINITIONS

 
8    Section 5-1. Definitions. In this Act:
9    "Ambulatory surgical treatment center" has the meaning
10ascribed to it in Section 3 of the Ambulatory Surgical
11Treatment Center Act.
12    "Competence" has the has the meaning ascribed to it in
13Section 50-10 of the Nurse Practice Act.
14    "Comprehensive nursing assessment" has the meaning
15ascribed to it in Section 50-10 of the Nurse Practice Act.
16    "Department" means the Department of Public Health.
17    "Direct care registered professional nurse" means a
18competent registered professional nurse who has accepted a
19direct, hands-on patient care assignment to implement the
20nursing care plan for such patient and the nursing process
21while, at all times, exercising independent professional

 

 

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1judgment in the exclusive interest of the patient.
2    "Hospital" has the meaning ascribed to it in subsection (A)
3of Section 3 of the Hospital Licensing Act.
4    "LTAC hospital" or "long term acute care hospital" has the
5meaning ascribed to it in Section 10 of the Long Term Acute
6Care Hospital Quality Improvement Transfer Program Act.
7    "Professional judgment" means the exercise of a direct care
8registered professional nurse's independent clinical judgment,
9through the utilization of a scientific process founded on a
10professional body of knowledge and experience and based on a
11comprehensive nursing assessment, to provide appropriate
12nursing care to a particular patient at a particular time and
13in making independent decisions about patient care and about
14the nursing plan for a patient's care, including the need for
15additional nursing or other staff.
 
16
ARTICLE 10. MINIMUM SAFE STAFFING RATIOS

 
17    Section 10-1. Direct care registered professional nurse
18staffing generally.
19    (a) Each hospital shall provide staffing by direct care
20registered professional nurses in accordance with direct care
21registered professional nurse-to-patient staffing requirements
22and ratios specified in this Act. Staffing for care not
23requiring a direct care registered professional nurse is not
24included within the registered professional nurse-to-patient

 

 

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1ratios and shall be determined under Section 10-30.
2    (b) No hospital shall assign a direct care registered
3professional nurse to a clinical unit or patient care area
4unless that hospital and such direct care registered
5professional nurse determine that the direct care registered
6professional nurse has demonstrated and validated current
7competence in providing care in that unit or area and has also
8received orientation to that hospital's clinical area
9sufficient to provide competent safe, therapeutic, and
10effective nursing care to patients in that area. The policies
11and procedures of the hospital shall contain the hospital's
12criteria for making this determination.
 
13    Section 10-5. Direct care registered professional
14nurse-to-patient ratios generally.
15    (a) Each hospital, LTAC hospital, and ambulatory surgical
16treatment centers is subject to the staffing requirements and
17the direct care registered professional nurse-to-patient ratio
18requirements under this Act.
19    (b) Each hospital, LTAC hospital, and ambulatory surgical
20center shall provide that, at all times during each shift
21within each clinical unit and each patient care area, a direct
22care registered professional nurses shall not be assigned at
23any time more than the maximum number of patients described in
24the direct care registered professional nurse-to-patient
25ratios in this Article.

 

 

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1        (1) Each patient shall be assigned to a direct care
2    registered professional nurse at all times and may not be
3    assigned to more than one direct care registered
4    professional nurse at any time unless each direct care
5    registered professional nurse has no other patient
6    assignments.
7        (2) For purposes of this subsection, "assigned" means
8    that the direct care registered professional nurse has
9    responsibility for the provision of care to a particular
10    patient within her or his validated competency and directly
11    provides the assessment, planning, supervision,
12    implementation, and evaluation of such patient's nursing
13    care.
14    (c) There shall be no averaging of the number of patients
15and the total number of direct care registered professional
16nurses on each clinical unit or patient care area during any
17one shift or over any period of time.
18    (d) Only direct care registered professional nurses
19providing direct patient care shall be included in the
20calculation of the direct care registered professional
21nurse-to-patient ratios. Nurse administrators, nurse
22supervisors, nurse managers, charge nurses, case managers, or
23any other hospital administrator or supervisor shall not be
24included in the calculation of the direct care registered
25professional nurse-to-patient ratio unless that nurse has a
26current and active direct patient care assignment and provides

 

 

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1direct patient care in compliance with the requirements of this
2section, including competency requirements. The exemption in
3this subsection shall apply only during the hours in which the
4individual registered professional nurse has the principal
5responsibility of providing direct patient care and has no
6additional job duties as would other direct care registered
7professional nurses.
8    (e) Only a direct care registered professional nurse who
9had demonstrated current competence in providing care on a
10particular clinical unit or patient care area and who has
11received orientation to such unit or area shall relieve another
12direct care registered professional nurses during breaks,
13meals, and other routine, expected absences from the clinical
14unit or patient care area.
 
15    Section 10-10. Direct care registered professional nurse
16staffing; emergency department.
17    (a) There shall be no fewer than 2 direct care registered
18professional nurses physically present in the emergency
19department at all times.
20        (1) At least one direct care registered professional
21    nurse shall be assigned to triage patients.
22        (2) The direct care registered professional nurse
23    assigned to triage patients shall be immediately available
24    at all times to triage patients when they arrive in the
25    emergency department. The direct care registered

 

 

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1    professional nurse assigned to triage patients shall
2    perform triage functions only.
3        (3) Triage, base radio responder, and specialty or
4    flight registered professional nurses do not count in the
5    calculation of the direct care registered professional
6    nurse-to-patient ratio.
7    (b) A direct care registered professional nurse who has
8been assigned a critical care patient in the emergency
9department shall have validated critical care competency and
10shall not be assigned more than 2 patients. A patient in the
11emergency department shall be considered a critical care
12patient when the patient meets the criteria for admission to a
13critical care service area within the hospital.
14    (c) A direct care registered professional nurse who has
15been assigned a critical trauma patient in the emergency
16department shall not be assigned more than one patient. A
17critical trauma patient is a patient who has injuries to an
18anatomic area that (i) require lifesaving interventions or (ii)
19in conjunction with unstable vital signs, pose an immediate
20threat to life or limb.
 
21    Section 10-15. Direct care registered professional
22nurse-to-patient ratios; hospital, LTAC hospital, and
23ambulatory surgical treatment center clinical units or patient
24care areas.
25    (a) The direct care registered professional nurse shall not

 

 

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1be assigned more that one patient when such registered
2professional nurse has been assigned to the duties of the
3circulating registered professional nurse in the operating
4room or during a cesarean delivery; assigned to an active labor
5patient or patient with medical or obstetrical complications;
6when initiating epidural anesthesia in the labor and delivery
7suite; when assigned to an unstable or in resuscitation period
8newborn; when assigned to a critical trauma patient in the
9emergency department; or when assigned to a patient receiving
10conscious sedation.
11    (b) The direct care registered professional nurse shall not
12be assigned more that 2 patients when such registered
13professional nurse has been assigned to a critical care,
14intensive care, neonatal intensive care, labor and delivery,
15coronary care, acute respiratory care, post-anesthesia
16recovery (regardless of the type of anesthesia the patient
17received), or burn units or patient care areas; critical care
18patients in the emergency department; or immediate post-partum
19patients.
20    (c) The direct care registered professional nurse shall not
21be assigned more that 3 patients when such registered
22professional nurse has been assigned to an emergency
23department; a step-down or intermediate intensive care,
24pediatric, telemetry, observation, or clinical decision unit
25or patient care area; a combined labor/delivery/post-partum
26unit or patient care area; or an ante-partum patient who is not

 

 

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1in active labor.
2    (d) The direct care registered professional nurse shall not
3be assigned more that 4 patients when such registered
4professional nurse has been assigned to a medical/surgical or
5pre-surgical/admission unit or patient care area; a
6psychiatric or other specialty care unit or patient care area;
7post-partum patients, post-surgical gynecological patients, or
8mothers only; recently born infants; or combined post-cesarean
9delivery mothers and newborns.
10    (e) The direct care registered professional nurse shall not
11be assigned more that 5 patients when such registered
12professional nurse has been assigned to a well-baby nursery or
13a rehabilitation unit or patient care area; or for a skilled
14nursing facility.
15    (f) The direct care registered professional nurse shall not
16be assigned more that 6 patients or three couplets when such
17registered professional nurse has been assigned to a postpartum
18units or patient care areas. In the event of multiple births,
19the total number of mothers plus infants assigned to a single
20direct care registered professional nurse shall never exceed 6.
 
21    Section 10-20. Staffing requirements in relation to
22hospital, LTAC hospital, or ambulatory surgical treatment
23center clinical units or patient care areas.
24    (a) Identifying a clinical unit or patient care area by a
25name or term other than those listed in this Article, does not

 

 

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1affect a hospital, LTAC hospital, or ambulatory surgical
2treatment centers' requirement to staff the unit at the direct
3care registered professional nurse-to-patient ratios
4identified for the level of intensity or type of care described
5in this Article.
6    (b) Patients shall be cared for only on clinical units or
7patient care areas where the level of intensity, type of care,
8and direct care registered professional nurse-to-patient
9ratios meet the individual requirements and needs of each
10patient. The use of acuity-adjustable clinical units or patient
11care areas is strictly prohibited.
 
12    Section 10-25. Staffing committees and staffing plans.
13    (a) Any method, software, or tool used to create or
14evaluate a staffing plan adopted by a hospital, LTAC hospital,
15or ambulatory surgical treatment center shall be established in
16coordination with direct care registered professional nurses
17and shall be transparent in all respects, including disclosure
18of detailed documentation of the methodology used to determine
19nursing staffing and identifying each factor, assumption, and
20value used in applying such methodology.
21    (b) The Department shall establish procedures to provide
22that the documentation submitted under subsection (a) is
23available for public inspection in its entirety.
 
24    Section 10-30. Adjustments to ratios and nursing staff.

 

 

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1    (a) The assigned direct care registered professional nurse
2shall determine whether (1) the number of patients assigned to
3a registered professional nurse should be reduced, relative to
4the applicable numerical ratio and/or (2) additional nursing
5staff, such as licensed practical nurses, certified nursing
6assistants, and other ancillary staff, excluding medical
7assistants, shall be assigned.
8    (b) Any assignment of additional staff under subsection (a)
9shall be based on the assigned direct care registered
10professional nurse's comprehensive nursing assessment of the
11severity and complexity of the individual patient's nursing
12care needs; the intensity of nursing interventions required;
13and the need for specialized equipment.
 
14    Section 10-35. Record of staff assignments. Every hospital
15shall keep a record of the actual direct care registered
16professional nurse, licensed practical nurse, certified
17nursing assistant, and other ancillary staff assignments to
18individual patients documented on a day-to-day, shift-by-shift
19basis and must keep copies of its staff assignments on file for
20a period of 3 years.
 
21    Section 10-40. Changes in patient census.
22    (a) Every hospital shall plan for routine fluctuations,
23such as admissions, discharges, and transfers, in its patient
24census.

 

 

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1    (b) If a health care emergency causes a change in the
2number of patients on a clinical care unit or patient care
3area, the hospital must demonstrate that immediate and diligent
4efforts were made to maintain required staffing levels. For
5purposes of this subsection, "health care emergency" means an
6emergency declared by the federal government or the head of a
7State or local governmental entity.
 
8    Section 10-45. Prohibited activities.
9    (a) A hospital, LTAC hospital, or ambulatory surgical
10treatment centers may not directly assign any unlicensed
11personnel to perform registered professional nurse functions
12in lieu of care delivered by a registered professional nurse
13and may not assign unlicensed personnel to perform registered
14professional nurse functions under the supervision of a direct
15care registered professional nurse.
16    (b) Unlicensed personnel may not perform tasks that require
17the clinical assessment, professional judgment, and skill of a
18licensed registered professional nurse, including, without
19limitation: activities that require a nursing assessment or
20nursing judgment during implementation; physical,
21psychological, and social assessments that require nursing
22judgment, intervention, referral, or follow-up; formulation of
23a plan of nursing care and evaluation of the patient's response
24to the care provided; and administration of medications.
25    (c) A hospital, LTAC hospital, or ambulatory surgical

 

 

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1treatment centers may not impose mandatory overtime
2requirements to meet the staffing ratios required in this
3Article.
4    (d) A hospital, LTAC hospital, or ambulatory surgical
5treatment centers may not impose lay-offs of licensed or
6practical nurses, certified nursing assistants, or other
7ancillary staff to meet the direct care registered professional
8nurse-to-patient ratio requirements of this Article.
9    (e) A hospital or LTAC hospital shall not assign medical
10assistants to clinical care units or patient care areas
11including the emergency department, GI Labs, or cardiac
12diagnostic and/or intervention labs.
13    (f) An ambulatory surgical center shall not assign medical
14assistants to clinical care units or patient care areas.
15    (g) A hospital, LTAC hospital, or ambulatory surgical
16treatment center shall not employ video monitors or any form of
17electronic visualization of a patient as a substitute for the
18direct observation required for patient assessment by the
19direct care registered professional nurse or required for
20patient protection. Video monitors or any form of electronic
21visualization of a patient shall not be included in the
22calculation of the direct care registered professional
23nurse-to-patient ratio required in this Article and shall not
24replace the requirement of paragraph (1) of subsection (b) of
25Section 10-5 that each patient shall be assigned to a direct
26care registered professional nurse who shall provide the

 

 

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1assessment, planning, implementation, and evaluation of the
2nursing care provided to the patient and have the
3responsibility for the provision of care to a particular
4patient within such direct care registered professional
5nurse's scope of practice.
 
6    Section 10-50. Consumer protection. Every hospital shall
7post on a day-to-day, shift-by-shift basis, in a conspicuous
8place visible and accessible to patients, hospital staff, and
9the public (i) the required minimum ratios of direct care
10registered professional nursing staff to patients on each
11clinical unit or patient care area, (ii) additional staffing
12requirements as determined by the assigned direct care
13registered professional nurse under Section 10-30, and (iii)
14the actual direct care registered professional
15nurse-to-patient ratio, number of staff, and staff mix
16provided. Every hospital shall give to each patient admitted to
17the hospital for inpatient care a toll-free telephone number
18for the Department of Public Health to report inadequate
19staffing or care.
 
20    Section 10-55. Use of rapid response teams as first
21responders prohibited. In no case may a hospital, LTAC
22hospital, or ambulatory surgical treatment center use rapid
23response teams as first responders.
 

 

 

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1
ARTICLE 15. DIRECT CARE REGISTERED PROFESSIONAL NURSE
2
FUNCTIONS RELATING TO PATIENT CARE

 
3    Section 15-1. Functions generally.
4    (a) A direct care registered professional nurse, holding a
5valid license to practice as a registered professional nurse,
6employing scientific knowledge and experience in the physical,
7social, and biological sciences and exercising independent
8professional judgment in applying the nursing process in the
9exclusive interests of the patient, shall directly perform the
10following essential functions:
11        (1) Continuous and ongoing comprehensive nursing
12    assessments of a patient's condition based upon the
13    independent professional judgment of the direct care
14    registered professional nurse.
15        (2) Planning, implementation, and evaluation of the
16    nursing care provided to each patient. The implementation
17    of nursing care may be assigned by the direct care
18    registered professional nurse responsible for the patient
19    to other licensed nursing staff or to unlicensed staff,
20    subject to any limitations of the licensure,
21    certification, level of validated competency, or
22    applicable law concerning such staff. In any case, however:
23            (A) The direct care registered professional nurse
24        assigned to a patient must determine in her or his
25        professional judgment that nursing personnel to be

 

 

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1        assigned patient care tasks possess the necessary
2        preparation and capability to competently perform the
3        assigned tasks.
4            (B) The direct care registered professional nurse
5        may assign the implementation of nursing care only when
6        the registered professional nurse is physically
7        present and available.
8        (3) Assessment, planning, implementation, and
9    evaluation of patient education, including ongoing
10    discharge education of each patient.
11    (b) The planning and delivery of patient care (i) shall
12reflect all elements of the nursing process, including
13comprehensive nursing assessment, nursing diagnosis, planning,
14intervention, evaluation, and, as circumstances require,
15patient advocacy, and (ii) shall be initiated by a direct care
16registered professional nurse at the time of a patient's
17admission to the hospital.
18    (c) The nursing plan for a patient's care shall be
19discussed with and developed as a result of coordination with
20the patient, the patient's family, or other representatives of
21the patient, when appropriate, and staff of other disciplines
22involved in the care of the patient.
23    (d) The direct care registered professional nurse shall
24evaluate the effectiveness of the care plan (i) through
25comprehensive nursing assessments based on direct observation
26of the patient's physical condition and behavior, signs and

 

 

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1symptoms of illness, and reactions to treatment and (ii)
2through communication with the patient and other care givers as
3applicable. The direct care registered professional nurse
4shall modify the plan as needed.
5    (e) Information related to the patient's initial
6comprehensive nursing assessment and reassessments, nursing
7diagnosis, plan, intervention, evaluation, and patient
8advocacy shall be permanently recorded, as narrative
9registered professional nurse progress notes, in the patient's
10medical record. The practice of "charting by exception" is
11expressly prohibited.
 
12    Section 15-5. Patient assessment.
13    (a) Patient assessment requires (i) direct observation of
14the patient's signs and symptoms of illness, reaction to
15treatment, behavior and physical condition, and (ii)
16interpretation of information obtained from the patient and
17others, including other care givers as applicable.
18    (b) Only a direct care registered professional nurse who is
19physically present with the patient is authorized to perform
20patient assessments. A licensed practical nurse may assist a
21direct care registered professional nurse in data collection.
 
22    Section 15-10. Determining nursing care needs of patients.
23    (a) The nursing care needs of each individual patient shall
24be determined by a direct care registered professional nurse

 

 

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1through the process of ongoing comprehensive nursing
2assessments, nursing diagnosis, and formulation and adjustment
3of nursing care plans.
4    (b) The prediction of individual patient nursing care needs
5for prospective assignment of direct care registered
6professional nurses shall be based on individual comprehensive
7nursing assessments by the direct care registered professional
8nurse assigned to each patient and in accordance with Article
910.
 
10    Section 15-15. Independent professional judgment.
11    (a) Competent performance of the essential functions of a
12direct care registered professional nurse requires the
13exercise of independent professional judgment in the exclusive
14interests of the patient. The exercise of such independent
15professional judgment, unencumbered by the commercial or
16revenue-generation priorities of a hospital, LTAC hospital, or
17ambulatory surgical treatment center or other employing entity
18of a direct care registered professional nurse, is necessary to
19assure safe, therapeutic, effective and competent treatment of
20hospital patients and is essential to protect the health and
21safety of the people of Illinois.
22    (b) The exercise of independent professional judgment by a
23direct care registered professional nurse in the performance of
24the essential functions, as described in paragraphs (1) through
25(3) of subsection (a) of Section 15-1 and in the Nurse Practice

 

 

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1Act, shall be provided in the exclusive interests of the
2patient and shall not, for any purpose, be considered, relied
3upon, or represented as a job function, authority,
4responsibility, or activity undertaken in any respect for the
5purpose of serving the business, commercial, operational, or
6other institutional interests of the hospital.
7    (c) No hospital, LTAC hospital, ambulatory surgical
8treatment center, or other health care institution shall
9utilize technology that (1) limits a direct care registered
10professional nurse in performing functions that are part of the
11nursing process, including full exercise of independent
12professional judgment in assessment, planning, implementation
13and evaluation of care or (2) limits a direct care registered
14professional nurse in acting as a patient advocate in the
15exclusive interests of the patient. Technology shall not be
16skill-degrading, interfere with a direct care registered
17professional nurse's provision of individualized patient care,
18or override a direct care registered professional nurse's
19independent professional judgment.
 
20
ARTICLE 20. PATIENT ADVOCACY

 
21    Section 20-1. Professional obligation. A registered
22professional nurse has the obligation and right to act as a
23patient's advocate, as circumstances require, including,
24without limitation:

 

 

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1    (1) ensuring that patients have an opportunity to make
2informed decisions regarding their health care before the care
3is provided;
4    (2) initiating action to improve the patient's health care
5or to change decisions or activities which, in the professional
6judgment of the registered professional nurse, are against the
7interests or wishes of the patient;
8    (3) initiating action to improve health care practices in
9the hospital, including providing professional input on the
10methods of patient care documentation and the number of
11ancillary and support staff who should be available and present
12to supplement the work of registered professional nurses, such
13as physical therapists, respiratory therapists, social
14workers, and patient lifting, transportation, housekeeping,
15and security personnel;
16    (4) advocating and monitoring activities to ensure
17hospital compliance with this Act to ensure that safe
18registered professional nurse staffing levels at the clinical
19unit or patient care level are implemented; and
20    (5) determining whether a health information technology
21program or tool displaces registered professional nurses from
22patient care, interferes with the nursing process, or otherwise
23compromises a registered professional nurse's professional
24judgment.
 
25    Section 20-5. Acceptance of patient care assignments. A

 

 

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1direct care registered professional nurse is always
2responsible for providing safe, therapeutic, and competent
3nursing care to assigned patients. Before accepting a patient
4assignment, a direct care registered professional nurse must
5have the necessary knowledge, judgment, skills, and ability to
6provide the required care. If a direct care is not, in the
7direct care registered professional nurse's professional
8judgment, clinically competent to perform the care required for
9a patient to be assigned for nursing care, she or he should not
10accept the patient care assignment. Such a refusal to accept a
11patient care assignment is an exercise of the direct care
12registered professional nurse's duty and right of patient
13advocacy.
 
14
ARTICLE 25. CIVIL PENALTIES

 
15    Section 25-1. Violations.
16    (a) A hospital, LTAC hospital, or ambulatory surgical
17treatment center found to have knowingly or willfully violated,
18or aided and abetted a violation of, any provision of this Act
19is subject to:
20        (1) enforcement action by the Department, including
21    the use of injunctive relief available to force compliance
22    with the Act or closure of the hospital; and
23        (2) a civil money penalty assessed by the Department of
24    not more than $25,000 for each violation and an additional

 

 

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1    $10,000 per shift for each clinical care unit or patient
2    care area until the violation is corrected.
3    (b) The Attorney General shall enforce penalties imposed
4under this Section in the county in which the violation
5occurred.
6    (c) The penalties authorized under this Section are in
7addition to any other penalties that may be prescribed by law.
8Penalties collected under this Section shall be deposited into
9the General Revenue Fund.
 
10
ARTICLE 30. WHISTLEBLOWER PROTECTIONS

 
11    Section 30-1. Objection or refusal of assignment. A
12registered professional nurse may object to, or refuse to
13participate in, any activity, policy, practice, assignment, or
14task if:
15    (1) in good faith the nurse reasonably believes it to be a
16violation of the direct care registered professional
17nurse-to-patient rations under this Act; or
18    (2) the nurse is not prepared by education, training, or
19experience to fulfill the assignment without compromising the
20safety or any patient or jeopardizing the license of the nurse.
 
21    Section 30-5. Protections for whistleblowers.
22    (a) A hospital, LTAC hospital, or ambulatory surgical
23treatment center shall not retaliate, discriminate, or

 

 

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1otherwise take adverse action in any manner with respect to any
2aspect of a nurse's employment, including discharge,
3promotion, compensation, or terms, conditions, or privileges
4of employment, based on the nurse's refusal to complete an
5assignment as described in Section 30-1.
6    (b) A hospital, LTAC hospital, or ambulatory surgical
7treatment center shall not file a complaint against a
8registered professional nurse with the board of nursing based
9on the nurse's refusal to complete an assignment as described
10in Section 30-1.
11    (c) A hospital, LTAC hospital, or ambulatory surgical
12treatment center shall not retaliate, discriminate, or
13otherwise take adverse action in any manner against any person
14or with respect to any aspect of a nurse's employment,
15including discharge, promotion, compensation, or terms,
16conditions, or privileges of employment, based on such nurse's
17or person's opposition to any hospital policy, practice, or
18action that such nurse in good faith believes violates this
19Act.
20    (d) A hospital, LTAC hospital, or ambulatory surgical
21treatment centers shall not retaliate, discriminate, or
22otherwise take adverse action against any patient, employee, or
23contract employee of the hospital, or any other individual, on
24the basis that such individual, in good faith, individually or
25in conjunction with another person or persons, has presented a
26grievance or complaint, or has initiated or cooperated in any

 

 

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1investigation or proceeding of any governmental entity,
2regulatory agency, or private accreditation body, made a civil
3claim or demand, or filed an action relating to the care,
4services, or conditions of the hospital or of any affiliated or
5related facilities.
6    (e) A hospital, LTAC hospital, or ambulatory surgical
7treatment centers, or an individual representing a hospital,
8LTAC hospital, and ambulatory surgical treatment center, shall
9not do either of the following:
10        (1) Interfere with, restrain, or deny the exercise of,
11    or attempt to deny the exercise of, a right conferred this
12    Act;
13        (2) Coerce or intimidate any individual regarding the
14    exercise of, or an attempt to exercise, a right conferred
15    by this Act.
 
16
ARTICLE 90. AMENDATORY PROVISIONS

 
17    Section 90-1. The Hospital Licensing Act is amended by
18adding Section 2.5 as follows:
 
19    (210 ILCS 85/2.5 new)
20    Sec. 2.5. Relationship to Hospital Patient Protection Act.
21In the case of a conflict between a provision of the Hospital
22Licensing Act and a provision of the Hospital Patient
23Protection Act, the Hospital Patient Protection Act shall

 

 

HB3585- 24 -LRB101 11020 CPF 56216 b

1control.
 
2    Section 90-5. The Nurse Practice Act is amended by adding
3Section 50-17 as follows:
 
4    (225 ILCS 65/50-17 new)
5    Sec. 50-17. Relationship to Hospital Patient Protection
6Act. In the case of a conflict between a provision of the Nurse
7Practice Act and a provision of the Hospital Patient Protection
8Act, the Hospital Patient Protection Act shall control.
 
9
ARTICLE 99. EFFECTIVE DATE

 
10    Section 99. Effective date. This Act takes effect January
111, 2020.