94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4525


 
Introduced 1/11/2006, by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:
 		













20 ILCS 510/510-40 new






20 ILCS 1705/4.2a new






20 ILCS 2310/2310-12 new






20 ILCS 2805/2.09 new






305 ILCS 5/12-4.36 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.
















LRB094 15287 DRJ 52266 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4525

LRB094 15287 DRJ 52266 b






1
    AN ACT concerning State government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Department of Children and Family Services 
5
Powers Law of the
Civil Administrative Code of Illinois is 
6
amended  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 
11
Department in excess of an agreed-to, predetermined work shift.  
12
Time spent by nurses required to be available as a condition of 
13
employment in specialized units shall not be counted or 
14
considered in calculating the amount of time worked for the 
15
purpose of applying the prohibition against mandated overtime 
16
under subsection (b).
17
    "Nurse" means any advanced practice nurse, registered 
18
professional nurse, or licensed practical nurse, as defined in 
19
the Nursing and Advanced Practice Nursing Act, who receives an 
20
hourly wage and has direct responsibility to oversee or carry 
21
out nursing care or related duties.
22
    "Unforeseen emergent circumstance" means (i) any declared  
23
national, State, or municipal disaster or other catastrophic 
24
event, or any implementation of a disaster plan, that will 
25
substantially affect or increase the need for health  care 
26
services or (ii) any circumstance in which patient care needs 
27
require specialized nursing skills through the completion of a 
28
procedure. An "unforeseen emergent circumstance" does not 
29
include situations in which the Department fails to have enough 
30
nursing staff to meet its usual and reasonably predictable 
31
nursing needs.
32
    (b) Mandated overtime prohibited. No nurse may be required 
 


 






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1
to work mandated overtime except in the case of an unforeseen 
2
emergent circumstance when such overtime is required only as a 
3
last resort. Such mandated overtime shall not exceed 4 hours 
4
beyond an agreed-to, predetermined work shift.
5
    (c) Off-duty period. When a nurse is mandated to work up to 
6
12 consecutive hours, the nurse must be allowed at least 8 
7
consecutive hours of off-duty time immediately following the 
8
completion of a shift.
9
    (d) Retaliation prohibited. The Department may not 
10
discipline, discharge, or take any other adverse employment 
11
action against  a nurse solely because the nurse refused to work 
12
mandated overtime as prohibited under subsection (b).
13
    (e) Violations. Any employee of the Department of Children 
14
and Family Services who is subject to this Section may file a 
15
complaint with the Department of Labor regarding an alleged 
16
violation of this Section. The complaint must be filed within 
17
45 days following the occurrence of the incident giving rise to 
18
the alleged violation. The Department of Labor must forward 
19
notification of the alleged violation to the Department of 
20
Children and Family Services within 3 business days after the 
21
complaint is filed. The Department of Labor shall work with the 
22
Department of Children and Family Services to resolve the 
23
alleged violation.
24
    (f) Proof of violation. Any violation of this Section must 
25
be proved by clear and convincing evidence that a nurse was  
26
required or compelled to work overtime against his or her will. 
27
The Department may defeat the claim of a violation by 
28
presenting clear and convincing evidence that an unforeseen 
29
emergent circumstance, which required overtime work, existed 
30
at the time the employee was required or compelled to work.
 
31
    Section 10. The Mental Health and Developmental 
32
Disabilities Administrative Act is amended  by adding Section 
33
4.2a as follows:
 
34
    (20 ILCS 1705/4.2a  new)
 


 






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1
    Sec. 4.2a. Nurse mandated overtime prohibited.
2
    (a) Definitions. As used in this Section:
3
    "Mandated overtime" means work that is required by a 
4
facility described in subsection (a) of Section 4 of this Act 
5
in excess of an agreed-to, predetermined work shift.  Time spent 
6
by nurses required to be available as a condition of employment 
7
in specialized units shall not be counted or considered in 
8
calculating the amount of time worked for the purpose of 
9
applying the prohibition against mandated overtime under 
10
subsection (b).
11
    "Nurse" means any advanced practice nurse, registered 
12
professional nurse, or licensed practical nurse, as defined in 
13
the Nursing and Advanced Practice Nursing Act, who receives an 
14
hourly wage and has direct responsibility to oversee or carry 
15
out nursing care or related duties.
16
    "Unforeseen emergent circumstance" means (i) any declared  
17
national, State, or municipal disaster or other catastrophic 
18
event, or any implementation of the disaster plan of a facility 
19
described in subsection (a) of Section 4, that will 
20
substantially affect or increase the need for health  care 
21
services or (ii) any circumstance in which patient care needs 
22
require specialized nursing skills through the completion of a 
23
procedure. An "unforeseen emergent circumstance" does not 
24
include situations in which a facility fails to have enough 
25
nursing staff to meet the usual and reasonably predictable 
26
nursing needs of its recipients.
27
    (b) Mandated overtime prohibited. No nurse may be required 
28
to work mandated overtime except in the case of an unforeseen 
29
emergent circumstance when such overtime is required only as a 
30
last resort. Such mandated overtime shall not exceed 4 hours 
31
beyond an agreed-to, predetermined work shift.
32
    (c) Off-duty period. When a nurse is mandated to work up to 
33
12 consecutive hours, the nurse must be allowed at least 8 
34
consecutive hours of off-duty time immediately following the 
35
completion of a shift.
36
    (d) Retaliation prohibited. No facility may discipline, 
 


 






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1
discharge, or take any other adverse employment action against  
2
a nurse solely because the nurse refused to work mandated 
3
overtime as prohibited under subsection (b).
4
    (e) Violations. Any employee of a facility that is subject 
5
to this Act may file a complaint with the Department of Labor 
6
regarding an alleged violation of this Section. The complaint 
7
must be filed within 45 days following the occurrence of the 
8
incident giving rise to the alleged violation. The Department 
9
of Labor must forward notification of the alleged violation to 
10
the Department of Human Services or the Department of Public 
11
Health, whichever is responsible for regulating the facility in 
12
question, and to the facility in question within 3 business 
13
days after the complaint is filed. The Department of Labor 
14
shall work with the facility to resolve the alleged violation.
15
    (f) Proof of violation. Any violation of this Section must 
16
be proved by clear and convincing evidence that a nurse was  
17
required or compelled to work overtime against his or her will. 
18
The facility may defeat the claim of a violation by presenting 
19
clear and convincing evidence that an unforeseen emergent 
20
circumstance, which required overtime work, existed at the time 
21
the employee was required or compelled to work.
 
22
    Section 15. The Department of Public Health Powers and 
23
Duties Law of the
Civil Administrative Code of Illinois is 
24
amended  by adding Section 2310-12 as follows:
 
25
    (20 ILCS 2310/2310-12  new)
26
    Sec. 2310-12. Nurse mandated overtime prohibited.
27
    (a) Definitions. As used in this Section:
28
    "Mandated overtime" means work that is required by the 
29
Department in excess of an agreed-to, predetermined work shift.  
30
Time spent by nurses required to be available as a condition of 
31
employment in specialized units shall not be counted or 
32
considered in calculating the amount of time worked for the 
33
purpose of applying the prohibition against mandated overtime 
34
under subsection (b).
 


 






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1
    "Nurse" means any advanced practice nurse, registered 
2
professional nurse, or licensed practical nurse, as defined in 
3
the Nursing and Advanced Practice Nursing Act, who receives an 
4
hourly wage and has direct responsibility to oversee or carry 
5
out nursing care or related duties.
6
    "Unforeseen emergent circumstance" means (i) any declared  
7
national, State, or municipal disaster or other catastrophic 
8
event, or any implementation of a disaster plan, that will 
9
substantially affect or increase the need for health  care 
10
services or (ii) any circumstance in which patient care needs 
11
require specialized nursing skills through the completion of a 
12
procedure. An "unforeseen emergent circumstance" does not 
13
include situations in which the Department fails to have enough 
14
nursing staff to meet its usual and reasonably predictable 
15
nursing needs.
16
    (b) Mandated overtime prohibited. No nurse may be required 
17
to work mandated overtime except in the case of an unforeseen 
18
emergent circumstance when such overtime is required only as a 
19
last resort. Such mandated overtime shall not exceed 4 hours 
20
beyond an agreed-to, predetermined work shift.
21
    (c) Off-duty period. When a nurse is mandated to work up to 
22
12 consecutive hours, the nurse must be allowed at least 8 
23
consecutive hours of off-duty time immediately following the 
24
completion of a shift.
25
    (d) Retaliation prohibited. The Department may not 
26
discipline, discharge, or take any other adverse employment 
27
action against  a nurse solely because the nurse refused to work 
28
mandated overtime as prohibited under subsection (b).
29
    (e) Violations. Any employee of the Department of Public 
30
Health who is subject to this Section may file a complaint with 
31
the Department of Labor regarding an alleged violation of this 
32
Section. The complaint must be filed within 45 days following 
33
the occurrence of the incident giving rise to the alleged 
34
violation. The Department of Labor must forward notification of 
35
the alleged violation to the Department of Public Health within 
36
3 business days after the complaint is filed. The Department of 
 


 






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1
Labor shall work with the Department of Public Health to 
2
resolve the alleged violation.
3
    (f) Proof of violation. Any violation of this Section must 
4
be proved by clear and convincing evidence that a nurse was  
5
required or compelled to work overtime against his or her will. 
6
The Department may defeat the claim of a violation by 
7
presenting clear and convincing evidence that an unforeseen 
8
emergent circumstance, which required overtime work, existed 
9
at the time the employee was required or compelled to work.
 
10
    Section 20. The Department of Veterans Affairs Act is 
11
amended  by adding Section 2.09 as follows:
 
12
    (20 ILCS 2805/2.09  new)
13
    Sec. 2.09. Nurse mandated overtime prohibited.
14
    (a) Definitions. As used in this Section:
15
    "Mandated overtime" means work that is required by a 
16
facility in excess of an agreed-to, predetermined work shift.  
17
Time spent by nurses required to be available as a condition of 
18
employment in specialized units shall not be counted or 
19
considered in calculating the amount of time worked for the 
20
purpose of applying the prohibition against mandated overtime 
21
under subsection (b).
22
    "Nurse" means any advanced practice nurse, registered 
23
professional nurse, or licensed practical nurse, as defined in 
24
the Nursing and Advanced Practice Nursing Act, who receives an 
25
hourly wage and has direct responsibility to oversee or carry 
26
out nursing care or related duties.
27
    "Unforeseen emergent circumstance" means (i) any declared  
28
national, State, or municipal disaster or other catastrophic 
29
event, or any implementation of a facility's disaster plan, 
30
that will substantially affect or increase the need for health  
31
care services or (ii) any circumstance in which patient care 
32
needs require specialized nursing skills through the 
33
completion of a procedure. An "unforeseen emergent 
34
circumstance" does not include situations in which a facility 
 


 






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1
fails to have enough nursing staff to meet the usual and 
2
reasonably predictable nursing needs of its residents.
3
    (b) Mandated overtime prohibited. No nurse may be required 
4
to work mandated overtime except in the case of an unforeseen 
5
emergent circumstance when such overtime is required only as a 
6
last resort. Such mandated overtime shall not exceed 4 hours 
7
beyond an agreed-to, predetermined work shift.
8
    (c) Off-duty period. When a nurse is mandated to work up to 
9
12 consecutive hours, the nurse must be allowed at least 8 
10
consecutive hours of off-duty time immediately following the 
11
completion of a shift.
12
    (d) Retaliation prohibited. No facility may discipline, 
13
discharge, or take any other adverse employment action against  
14
a nurse solely because the nurse refused to work mandated 
15
overtime as prohibited under subsection (b).
16
    (e) Violations. Any employee of a facility that is subject 
17
to this Act may file a complaint with the Department of Labor 
18
regarding an alleged violation of this Section. The complaint 
19
must be filed within 45 days following the occurrence of the 
20
incident giving rise to the alleged violation. The Department 
21
of Labor must forward notification of the alleged violation to 
22
the Department of Veterans' Affairs and to the facility in 
23
question within 3 business days after the complaint is filed. 
24
The Department of Labor shall work with the facility to resolve 
25
the alleged violation.
26
    (f) Proof of violation. Any violation of this Section must 
27
be proved by clear and convincing evidence that a nurse was  
28
required or compelled to work overtime against his or her will. 
29
The facility may defeat the claim of a violation by presenting 
30
clear and convincing evidence that an unforeseen emergent 
31
circumstance, which required overtime work, existed at the time 
32
the employee was required or compelled to work.
 
33
    Section 25. The Illinois Public Aid Code is amended  by 
34
adding Section 12-4.36 as follows:
 
 


 






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1
    (305 ILCS 5/12-4.36  new)
2
    Sec. 12-4.36. Nurse mandated overtime prohibited.
3
    (a) Definitions. As used in this Section:
4
    "Mandated overtime" means work that is required by the 
5
Department of Healthcare and Family Services in excess of an 
6
agreed-to, predetermined work shift.  Time spent by nurses 
7
required to be available as a condition of employment in 
8
specialized units shall not be counted or considered in 
9
calculating the amount of time worked for the purpose of 
10
applying the prohibition against mandated overtime under 
11
subsection (b).
12
    "Nurse" means any advanced practice nurse, registered 
13
professional nurse, or licensed practical nurse, as defined in 
14
the Nursing and Advanced Practice Nursing Act, who receives an 
15
hourly wage and has direct responsibility to oversee or carry 
16
out nursing care or related duties.
17
    "Unforeseen emergent circumstance" means (i) any declared  
18
national, State, or municipal disaster or other catastrophic 
19
event, or any implementation of a disaster plan, that will 
20
substantially affect or increase the need for health  care 
21
services or (ii) any circumstance in which patient care needs 
22
require specialized nursing skills through the completion of a 
23
procedure. An "unforeseen emergent circumstance" does not 
24
include situations in which the Department fails to have enough 
25
nursing staff to meet its usual and reasonably predictable 
26
nursing needs.
27
    (b) Mandated overtime prohibited. No nurse may be required 
28
to work mandated overtime except in the case of an unforeseen 
29
emergent circumstance when such overtime is required only as a 
30
last resort. Such mandated overtime shall not exceed 4 hours 
31
beyond an agreed-to, predetermined work shift.
32
    (c) Off-duty period. When a nurse is mandated to work up to 
33
12 consecutive hours, the nurse must be allowed at least 8 
34
consecutive hours of off-duty time immediately following the 
35
completion of a shift.
36
    (d) Retaliation prohibited. The Department may not 
 


 






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1
discipline, discharge, or take any other adverse employment 
2
action against  a nurse solely because the nurse refused to work 
3
mandated overtime as prohibited under subsection (b).
4
    (e) Violations. Any employee of the Department who is 
5
subject to this Section may file a complaint with the 
6
Department of Labor regarding an alleged violation of this 
7
Section. The complaint must be filed within 45 days following 
8
the occurrence of the incident giving rise to the alleged 
9
violation. The Department of Labor must forward notification of 
10
the alleged violation to the Department of Healthcare and 
11
Family Services within 3 business days after the complaint is 
12
filed. The Department of Labor shall work with the Department 
13
of Healthcare and Family Services to resolve the alleged 
14
violation.
15
    (f) Proof of violation. Any violation of this Section must 
16
be proved by clear and convincing evidence that a nurse was  
17
required or compelled to work overtime against his or her will. 
18
The Department of Healthcare and Family Services may defeat the 
19
claim of a violation by presenting clear and convincing 
20
evidence that an unforeseen emergent circumstance, which 
21
required overtime work, existed at the time the employee was 
22
required or compelled to work.
 
23
    Section 30. The Unified Code of Corrections is amended  by 
24
adding Section 3-6-2.10 as follows:
 
25
    (730 ILCS 5/3-6-2.10  new)
26
    Sec. 3-6-2.10. Nurse mandated overtime prohibited.
27
    (a) Definitions. As used in this Section:
28
    "Mandated overtime" means work that is required by a 
29
correctional facility regulated under this Code in excess of an 
30
agreed-to, predetermined work shift.  Time spent by nurses 
31
required to be available as a condition of employment in 
32
specialized units shall not be counted or considered in 
33
calculating the amount of time worked for the purpose of 
34
applying the prohibition against mandated overtime under 
 


 






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1
subsection (b).
2
    "Nurse" means any advanced practice nurse, registered 
3
professional nurse, or licensed practical nurse, as defined in 
4
the Nursing and Advanced Practice Nursing Act, who receives an 
5
hourly wage and has direct responsibility to oversee or carry 
6
out nursing care or related duties.
7
    "Unforeseen emergent circumstance" means (i) any declared  
8
national, State, or municipal disaster or other catastrophic 
9
event, or any implementation of the disaster plan of a 
10
correctional facility regulated under this Code, that will 
11
substantially affect or increase the need for health  care 
12
services or (ii) any circumstance in which patient care needs 
13
require specialized nursing skills through the completion of a 
14
procedure. An "unforeseen emergent circumstance" does not 
15
include situations in which a correctional facility fails to 
16
have enough nursing staff to meet the usual and reasonably 
17
predictable nursing needs of its committed persons.
18
    (b) Mandated overtime prohibited. No nurse may be required 
19
to work mandated overtime except in the case of an unforeseen 
20
emergent circumstance when such overtime is required only as a 
21
last resort. Such mandated overtime shall not exceed 4 hours 
22
beyond an agreed-to, predetermined work shift.
23
    (c) Off-duty period. When a nurse is mandated to work up to 
24
12 consecutive hours, the nurse must be allowed at least 8 
25
consecutive hours of off-duty time immediately following the 
26
completion of a shift.
27
    (d) Retaliation prohibited. No correctional facility may 
28
discipline, discharge, or take any other adverse employment 
29
action against  a nurse solely because the nurse refused to work 
30
mandated overtime as prohibited under subsection (b).
31
    (e) Violations. Any employee of a correctional facility 
32
that is subject to this Act may file a complaint with the 
33
Department of Labor regarding an alleged violation of this 
34
Section. The complaint must be filed within 45 days following 
35
the occurrence of the incident giving rise to the alleged 
36
violation. The Department of Labor must forward notification of 
 


 






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1
the alleged violation to the Department of Corrections and to 
2
the correctional facility in question within 3 business days 
3
after the complaint is filed. The Department of Labor shall 
4
work with the correctional facility to resolve the alleged 
5
violation.
6
    (f) Proof of violation. Any violation of this Section must 
7
be proved by clear and convincing evidence that a nurse was  
8
required or compelled to work overtime against his or her will. 
9
The correctional facility may defeat the claim of a violation 
10
by presenting clear and convincing evidence that an unforeseen 
11
emergent circumstance, which required overtime work, existed 
12
at the time the employee was required or compelled to work.
 

13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.