HOSPITAL-NO NURSE OVERTIME Senate SponsorsSen. Donne E. Trotter-M. Maggie Crotty-Jeffrey M. Schoenberg, Ira I. Silverstein, Jacqueline Y. Collins, Terry Link, James T. Meeks, Deanna Demuzio, Christine Radogno, Mattie Hunter, John M. Sullivan, Martin A. Sandoval, Carol Ronen, Susan Garrett, Edward D. Maloney, William R. Haine, Gary Forby, Kimberly A. Lightford, Antonio Munoz, Mike Jacobs, Iris Y. Martinez, Arthur J. Wilhelmi, Kwame Raoul, George P. Shadid, Debbie DeFrancesco Halvorson, Rickey R. Hendon, Louis S. Viverito and James F. Clayborne, Jr. House Sponsors(Rep. Angelo Saviano-Monique D. Davis-John D'Amico-John A. Fritchey) 7/28/2005SenatePublic Act . . . . . . . . . 94-0349 210 ILCS 85/7from Ch. 111 1/2, par. 148210 ILCS 85/10.9 new210 ILCS 86/25Amends 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.Senate Floor Amendment No. 1 Deletes reference to:210 ILCS 85/7210 ILCS 86/25Replaces 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. 2/2/2005SenateFiled with Secretary by Sen. Donne E. Trotter 2/2/2005SenateFirst Reading 2/2/2005SenateReferred to Rules 2/3/2005SenateAssigned to Health & Human Services 2/24/2005SenatePostponed - Health & Human Services 2/24/2005SenateAdded as Chief Co-Sponsor Sen. M. Maggie Crotty 2/25/2005SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg 3/2/2005SenateDo Pass Health & Human Services; 009-000-000 3/2/2005SenatePlaced on Calendar Order of 2nd Reading March 3, 2005 4/8/2005SenateAdded as Co-Sponsor Sen. Ira I. Silverstein 4/8/2005SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins 4/8/2005SenateAdded as Co-Sponsor Sen. Terry Link 4/8/2005SenateAdded as Co-Sponsor Sen. James T. Meeks 4/11/2005SenateSecond Reading 4/11/2005SenatePlaced on Calendar Order of 3rd Reading April 12, 2005 4/15/2005SenateRule 2-10 Third Reading Deadline Extended to May 31, 2005 4/19/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter 4/19/2005SenateSenate Floor Amendment No. 1 Referred to Rules 4/20/2005SenateSenate Floor Amendment No. 1 Rules Refers to Licensed Activities 4/21/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Licensed Activities; 006-000-000 4/27/2005SenateAdded as Co-Sponsor Sen. Deanna Demuzio 5/4/2005SenateAdded as Co-Sponsor Sen. Christine Radogno 5/5/2005SenateRecalled to Second Reading 5/5/2005SenateSenate Floor Amendment No. 1 Adopted; Trotter 5/5/2005SenatePlaced on Calendar Order of 3rd Reading 5/5/2005SenateThird Reading - Passed; 059-000-000 5/5/2005HouseArrived in House 5/5/2005HousePlaced on Calendar Order of First Reading 5/5/2005HouseChief House Sponsor Rep. Angelo Saviano 5/10/2005HouseFirst Reading 5/10/2005HouseReferred to Rules Committee 5/16/2005HouseCommittee/Final Action Deadline Extended-9(b) May 31, 2005 5/16/2005HouseAssigned to Registration and Regulation Committee 5/17/2005HouseMotion to Suspend Rule 25 - Prevailed 5/17/2005HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis 5/17/2005HouseAdded Alternate Chief Co-Sponsor Rep. John D'Amico 5/18/2005HouseDo Pass / Short Debate Registration and Regulation Committee; 019-000-000 5/18/2005HousePlaced on Calendar 2nd Reading - Short Debate 5/19/2005HouseSecond Reading - Consent Calendar 5/19/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/20/2005HouseAdded Alternate Chief Co-Sponsor Rep. John A. Fritchey 5/20/2005HouseThird Reading - Short Debate - Passed 113-000-000 5/20/2005SenatePassed Both Houses 5/31/2005SenateAdded as Co-Sponsor Sen. Mattie Hunter 5/31/2005SenateAdded as Co-Sponsor Sen. John M. Sullivan 5/31/2005SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 5/31/2005SenateAdded as Co-Sponsor Sen. Carol Ronen 5/31/2005SenateAdded as Co-Sponsor Sen. Susan Garrett 5/31/2005SenateAdded as Co-Sponsor Sen. Edward D. Maloney 5/31/2005SenateAdded as Co-Sponsor Sen. William R. Haine 5/31/2005SenateAdded as Co-Sponsor Sen. Gary Forby 5/31/2005SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford 5/31/2005SenateAdded as Co-Sponsor Sen. Antonio Munoz 5/31/2005SenateAdded as Co-Sponsor Sen. Mike Jacobs 5/31/2005SenateAdded as Co-Sponsor Sen. Iris Y. Martinez 5/31/2005SenateAdded as Co-Sponsor Sen. Arthur J. Wilhelmi 5/31/2005SenateAdded as Co-Sponsor Sen. Kwame Raoul 5/31/2005SenateAdded as Co-Sponsor Sen. George P. Shadid 5/31/2005SenateAdded as Co-Sponsor Sen. Debbie DeFrancesco Halvorson 5/31/2005SenateAdded as Co-Sponsor Sen. Rickey R. Hendon 5/31/2005SenateAdded as Co-Sponsor Sen. Louis S. Viverito 5/31/2005SenateAdded as Co-Sponsor Sen. James F. Clayborne, Jr. 6/17/2005SenateSent to the Governor 7/28/2005SenateGovernor Approved 7/28/2005SenateEffective Date July 28, 2005 7/28/2005SenatePublic Act . . . . . . . . . 94-0349