Synopsis As Introduced Amends the Hospital Licensing Act and the Hospital Report Card Act. Provides that a nurse or unlicensed hospital worker may not be required to work overtime except in the case of an unforeseen emergent situation. Provides that a nurse or unlicensed worker may not be disciplined, discriminated against, dismissed, discharged, or retaliated against or made subject to any other adverse employment decision for refusing to work overtime. Provides that a nurse may not be required to work more than 12 consecutive hours in a 24-hour period. Provides that work schedules must be posted at least one month in advance and may not be changed after posting except by mutual agreement between nurses or unlicensed workers and the hospital. Provides that when a nurse or unlicensed worker works 12 consecutive hours, the nurse or unlicensed worker must be allowed at least 8 consecutive hours of off-duty time immediately following the completion of the shift. Authorizes a hospital employee to file a complaint with the Department of Public Health alleging a violation of these provisions, and authorizes the Director of Public Health to impose a monetary civil penalty if he or she determines that a violation has occurred. Provides that civil penalties shall be paid to the Department of Public Health and used by the Department for the purpose of funding scholarships awarded under the Nursing Education Scholarship Law. Provides that a hospital must post a summary of these provisions approved by the Director of Labor in a conspicuous and accessible place in or about the hospital premises wherever any person subject to these provisions is employed; provides that the Department of Labor must furnish copies of the summary to hospitals on request, without charge. Provides that violations of these overtime provisions must be reported to the Department of Public Health under the Hospital Report Card Act. Effective immediately.
Replaces everything after the enacting clause with provisions similar to those of Senate Bill 201, amending the Hospital Licensing Act, but with changes that include the following: (1) provides a definition of "mandated overtime" (instead of "overtime"); (2) provides that the nurse overtime provisions do not apply to a certified registered nurse anesthetist who is primarily engaged in performing the duties of a nurse anesthetist, and eliminates the application of the overtime provisions to unlicensed hospital employees; (3) provides that mandated overtime shall not exceed 4 hours beyond an agreed-to, predetermined work shift, and eliminates a provision that a nurse may not be required to work more than 12 consecutive hours in a 24-hour period; (4) provides that a complaint alleging a violation of the overtime provisions must be filed with the Department of Public Health within 45 (instead of 30) days following the occurrence of the incident giving rise to the alleged violation; (5) provides that upon receiving a complaint of a violation, the Department may take any action authorized under provisions of the Act concerning denial, suspension, or revocation of a hospital's permit or license or inspections and investigations by the Department (eliminates provisions concerning imposition of a monetary penalty); (6) provides that a violation of the overtime provisions, or the existence of an unforeseen emergent circumstance requiring overtime work, must be proved by clear and convincing evidence; (7) eliminates provisions requiring that a hospital post a summary of the overtime provisions; and (8) eliminates provisions amending the Hospital Report Card Act. Effective immediately.