95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0211


 
Introduced 2/7/2007, by Sen. M. Maggie Crotty
 
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 5/12-4.37 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.
















LRB095 04201 DRJ 24240 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0211

LRB095 04201 DRJ 24240 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 
 


 






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1
event, or any implementation of a disaster plan, that will 
2
substantially affect or increase the need for health  care 
3
services or (ii) any circumstance in which patient care needs 
4
require specialized nursing skills through the completion of a 
5
procedure. An "unforeseen emergent circumstance" does not 
6
include situations in which the Department fails to have enough 
7
nursing staff to meet its usual and reasonably predictable 
8
nursing needs.
9
    (b) Mandated overtime prohibited. No nurse may be required 
10
to work mandated overtime except in the case of an unforeseen 
11
emergent circumstance when such overtime is required only as a 
12
last resort. Such mandated overtime shall not exceed 4 hours 
13
beyond an agreed-to, predetermined work shift.
14
    (c) Off-duty period. When a nurse is mandated to work up to 
15
12 consecutive hours, the nurse must be allowed at least 8 
16
consecutive hours of off-duty time immediately following the 
17
completion of a shift.
18
    (d) Retaliation prohibited. The Department may not 
19
discipline, discharge, or take any other adverse employment 
20
action against  a nurse solely because the nurse refused to work 
21
mandated overtime as prohibited under subsection (b).
22
    (e) Violations. Any employee of the Department of Children 
23
and Family Services who is subject to this Section may file a 
24
complaint with the Department of Labor regarding an alleged 
25
violation of this Section. The complaint must be filed within 
26
45 days following the occurrence of the incident giving rise to 
 


 






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1
the alleged violation. The Department of Labor must forward 
2
notification of the alleged violation to the Department of 
3
Children and Family Services within 3 business days after the 
4
complaint is filed. The Department of Labor shall work with the 
5
Department of Children and Family Services to resolve the 
6
alleged violation.
7
    (f) Proof of violation. Any violation of this Section must 
8
be proved by clear and convincing evidence that a nurse was  
9
required to work overtime against his or her will. The 
10
Department may defeat the claim of a violation by presenting 
11
clear and convincing evidence that an unforeseen emergent 
12
circumstance, which required overtime work, existed at the time 
13
the employee was required or compelled to work.
 
14
    Section 10. The Mental Health and Developmental 
15
Disabilities Administrative Act is amended  by adding Section 
16
4.2a as follows:
 
17
    (20 ILCS 1705/4.2a  new)
18
    Sec. 4.2a. Nurse mandated overtime prohibited.
19
    (a) Definitions. As used in this Section:
20
    "Mandated overtime" means work that is required by a 
21
facility described in subsection (a) of Section 4 of this Act 
22
in excess of an agreed-to, predetermined work shift.  Time spent 
23
by nurses required to be available as a condition of employment 
24
in specialized units shall not be counted or considered in 
 


 






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


 






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1
consecutive hours of off-duty time immediately following the 
2
completion of a shift.
3
    (d) Retaliation prohibited. No facility may discipline, 
4
discharge, or take any other adverse employment action against  
5
a nurse solely because the nurse refused to work mandated 
6
overtime as prohibited under subsection (b).
7
    (e) Violations. Any employee of a facility that is subject 
8
to this Act may file a complaint with the Department of Labor 
9
regarding an alleged violation of this Section. The complaint 
10
must be filed within 45 days following the occurrence of the 
11
incident giving rise to the alleged violation. The Department 
12
of Labor must forward notification of the alleged violation to 
13
the Department of Human Services or the Department of Public 
14
Health, whichever is responsible for regulating the facility in 
15
question, and to the facility in question within 3 business 
16
days after the complaint is filed. The Department of Labor 
17
shall work with the facility to resolve the alleged violation.
18
    (f) Proof of violation. Any violation of this Section must 
19
be proved by clear and convincing evidence that a nurse was  
20
required to work overtime against his or her will. The facility 
21
may defeat the claim of a violation by presenting clear and 
22
convincing evidence that an unforeseen emergent circumstance, 
23
which required overtime work, existed at the time the employee 
24
was required or compelled to work.
 
25
    Section 15. The Department of Public Health Powers and 
 


 






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LRB095 04201 DRJ 24240 b




1
Duties Law of the
Civil Administrative Code of Illinois is 
2
amended  by adding Section 2310-12 as follows:
 
3
    (20 ILCS 2310/2310-12  new)
4
    Sec. 2310-12. Nurse mandated overtime prohibited.
5
    (a) Definitions. As used in this Section:
6
    "Mandated overtime" means work that is required by the 
7
Department in excess of an agreed-to, predetermined work shift.  
8
Time spent by nurses required to be available as a condition of 
9
employment in specialized units shall not be counted or 
10
considered in calculating the amount of time worked for the 
11
purpose of applying the prohibition against mandated overtime 
12
under subsection (b).
13
    "Nurse" means any advanced practice nurse, registered 
14
professional nurse, or licensed practical nurse, as defined in 
15
the Nursing and Advanced Practice Nursing Act, who receives an 
16
hourly wage and has direct responsibility to oversee or carry 
17
out nursing care or duties.
18
    "Unforeseen emergent circumstance" means (i) any declared  
19
national, State, or municipal disaster or other catastrophic 
20
event, or any implementation of a disaster plan, that will 
21
substantially affect or increase the need for health  care 
22
services or (ii) any circumstance in which patient care needs 
23
require specialized nursing skills through the completion of a 
24
procedure. An "unforeseen emergent circumstance" does not 
25
include situations in which the Department fails to have enough 
 


 






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LRB095 04201 DRJ 24240 b




1
nursing staff to meet its usual and reasonably predictable 
2
nursing needs.
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. The Department may not 
13
discipline, discharge, or take any other adverse employment 
14
action against  a nurse solely because the nurse refused to work 
15
mandated overtime as prohibited under subsection (b).
16
    (e) Violations. Any employee of the Department of Public 
17
Health who is subject to this Section may file a complaint with 
18
the Department of Labor regarding an alleged violation of this 
19
Section. The complaint must be filed within 45 days following 
20
the occurrence of the incident giving rise to the alleged 
21
violation. The Department of Labor must forward notification of 
22
the alleged violation to the Department of Public Health within 
23
3 business days after the complaint is filed. The Department of 
24
Labor shall work with the Department of Public Health to 
25
resolve the alleged violation.
26
    (f) Proof of violation. Any violation of this Section must 
 


 






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1
be proved by clear and convincing evidence that a nurse was  
2
required to work overtime against his or her will. The 
3
Department may defeat the claim of a violation by presenting 
4
clear and convincing evidence that an unforeseen emergent 
5
circumstance, which required overtime work, existed at the time 
6
the employee was required or compelled to work.
 
7
    Section 20. The Department of Veterans Affairs Act is 
8
amended  by adding Section 2.09 as follows:
 
9
    (20 ILCS 2805/2.09  new)
10
    Sec. 2.09. Nurse mandated overtime prohibited.
11
    (a) Definitions. As used in this Section:
12
    "Mandated overtime" means work that is required by a 
13
veterans home in excess of an agreed-to, predetermined work 
14
shift.  Time spent by nurses required to be available as a 
15
condition of employment in specialized units shall not be 
16
counted or considered in calculating the amount of time worked 
17
for the purpose of applying the prohibition against mandated 
18
overtime under subsection (b).
19
    "Nurse" means any advanced practice nurse, registered 
20
professional nurse, or licensed practical nurse, as defined in 
21
the Nursing and Advanced Practice Nursing Act, who receives an 
22
hourly wage and has direct responsibility to oversee or carry 
23
out nursing care.
24
    "Unforeseen emergent circumstance" means (i) any declared  
 


 






SB0211
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LRB095 04201 DRJ 24240 b




1
national, State, or municipal disaster or other catastrophic 
2
event, or any implementation of a facility's disaster plan, 
3
that will substantially affect or increase the need for health  
4
care services or (ii) any circumstance in which patient care 
5
needs require specialized nursing skills through the 
6
completion of a procedure. An "unforeseen emergent 
7
circumstance" does not include situations in which a facility 
8
fails to have enough nursing staff to meet the usual and 
9
reasonably predictable nursing needs of its patients.
10
    (b) Mandated overtime prohibited. No nurse may be required 
11
to work mandated overtime except in the case of an unforeseen 
12
emergent circumstance when such overtime is required only as a 
13
last resort. Such mandated overtime shall not exceed 4 hours 
14
beyond an agreed-to, predetermined work shift.
15
    (c) Off-duty period. When a nurse is mandated to work up to 
16
12 consecutive hours, the nurse must be allowed at least 8 
17
consecutive hours of off-duty time immediately following the 
18
completion of a shift.
19
    (d) Retaliation prohibited. No facility may discipline, 
20
discharge, or take any other adverse employment action against  
21
a nurse solely because the nurse refused to work mandated 
22
overtime as prohibited under subsection (b).
23
    (e) Violations. Any employee of a facility that is subject 
24
to this Act may file a complaint with the Department of Labor 
25
regarding an alleged violation of this Section. The complaint 
26
must be filed within 45 days following the occurrence of the 
 


 






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1
incident giving rise to the alleged violation. The Department 
2
of Labor must forward notification of the alleged violation to 
3
the Department of Veterans' Affairs and to the facility in 
4
question within 3 business days after the complaint is filed. 
5
The Department of Labor shall work with the facility to resolve 
6
the alleged violation.
7
    (f) Proof of violation. Any violation of this Section must 
8
be proved by clear and convincing evidence that a nurse was  
9
required to work overtime against his or her will. The facility 
10
may defeat the claim of a violation by presenting clear and 
11
convincing evidence that an unforeseen emergent circumstance, 
12
which required overtime work, existed at the time the employee 
13
was required or compelled to work.
 
14
    Section 25. The Illinois Public Aid Code is amended  by 
15
adding Section 12-4.37 as follows:
 
16
    (305 ILCS 5/12-4.37 new)

17
    Sec. 12-4.37. Nurse mandated overtime prohibited.
18
    (a) Definitions. As used in this Section:
19
    "Mandated overtime" means work that is required by the 
20
Department of Healthcare and Family Services in excess of an 
21
agreed-to, predetermined work shift.  Time spent by nurses 
22
required to be available as a condition of employment in 
23
specialized units shall not be counted or considered in 
24
calculating the amount of time worked for the purpose of 
 


 






SB0211
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LRB095 04201 DRJ 24240 b




1
applying the prohibition against mandated overtime under 
2
subsection (b).
3
    "Nurse" means any advanced practice nurse, registered 
4
professional nurse, or licensed practical nurse, as defined in 
5
the Nursing and Advanced Practice Nursing Act, who receives an 
6
hourly wage and has direct responsibility to oversee or carry 
7
out nursing care or duties.
8
    "Unforeseen emergent circumstance" means (i) any declared  
9
national, State, or municipal disaster or other catastrophic 
10
event, or any implementation of a disaster plan, 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 the Department fails to have enough 
16
nursing staff to meet its usual and reasonably predictable 
17
nursing needs.
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.
 


 






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LRB095 04201 DRJ 24240 b




1
    (d) Retaliation prohibited. The Department may not 
2
discipline, discharge, or take any other adverse employment 
3
action against  a nurse solely because the nurse refused to work 
4
mandated overtime as prohibited under subsection (b).
5
    (e) Violations. Any employee of the Department who is 
6
subject to this Section may file a complaint with the 
7
Department of Labor regarding an alleged violation of this 
8
Section. The complaint must be filed within 45 days following 
9
the occurrence of the incident giving rise to the alleged 
10
violation. The Department of Labor must forward notification of 
11
the alleged violation to the Department of Healthcare and 
12
Family Services within 3 business days after the complaint is 
13
filed. The Department of Labor shall work with the Department 
14
of Healthcare and Family Services to resolve the alleged 
15
violation.
16
    (f) Proof of violation. Any violation of this Section must 
17
be proved by clear and convincing evidence that a nurse was  
18
required to work overtime against his or her will. The 
19
Department of Healthcare and Family Services may defeat the 
20
claim of a violation by presenting clear and convincing 
21
evidence that an unforeseen emergent circumstance, which 
22
required overtime work, existed at the time the employee was 
23
required or compelled to work.
 
24
    Section 30. The Unified Code of Corrections is amended  by 
25
adding Section 3-6-2.10 as follows:
 
 


 






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1
    (730 ILCS 5/3-6-2.10  new)
2
    Sec. 3-6-2.10. Nurse mandated overtime prohibited.
3
    (a) Definitions. As used in this Section:
4
    "Mandated overtime" means work that is required by a 
5
correctional facility regulated under this Code 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.
17
    "Unforeseen emergent circumstance" means (i) any declared  
18
national, State, or municipal disaster or other catastrophic 
19
event, or any implementation of the disaster plan of a 
20
correctional facility regulated under this Code, that will 
21
substantially affect or increase the need for health  care 
22
services or (ii) any circumstance in which patient care needs 
23
require specialized nursing skills through the completion of a 
24
procedure. An "unforeseen emergent circumstance" does not 
25
include situations in which a correctional facility fails to 
 


 






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1
have enough nursing staff to meet the usual and reasonably 
2
predictable nursing needs of its patients.
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 correctional facility may 
13
discipline, discharge, or take any other adverse employment 
14
action against  a nurse solely because the nurse refused to work 
15
mandated overtime as prohibited under subsection (b).
16
    (e) Violations. Any employee of a correctional facility 
17
that is subject to this Act may file a complaint with the 
18
Department of Labor regarding an alleged violation of this 
19
Section. The complaint must be filed within 45 days following 
20
the occurrence of the incident giving rise to the alleged 
21
violation. The Department of Labor must forward notification of 
22
the alleged violation to the Department of Corrections and to 
23
the correctional facility in question within 3 business days 
24
after the complaint is filed. The Department of Labor shall 
25
work with the correctional facility to resolve the alleged 
26
violation.
 


 






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1
    (f) Proof of violation. Any violation of this Section must 
2
be proved by clear and convincing evidence that a nurse was  
3
required to work overtime against his or her will. The 
4
correctional facility may defeat the claim of a violation by 
5
presenting clear and convincing evidence that an unforeseen 
6
emergent circumstance, which required overtime work, existed 
7
at the time the employee was required or compelled to work.
 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.