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Rep. Chad Hays
Filed: 4/20/2015
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1 | | AMENDMENT TO HOUSE BILL 1886
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2 | | AMENDMENT NO. ______. Amend House Bill 1886 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Nursing Home Care Act is amended by adding |
5 | | Section 3-202.07 as follows: |
6 | | (210 ILCS 45/3-202.07 new) |
7 | | Sec. 3-202.07. Nurse mandated overtime prohibited. |
8 | | (a) Definitions. As used in this Section: |
9 | | "Mandated overtime" means work that is required by the |
10 | | facility in excess of an agreed-to, predetermined work shift. |
11 | | "Nurse" means any advanced practice nurse (except for a |
12 | | certified registered nurse anesthetist who is primarily |
13 | | engaged in performing the duties of a nurse anesthetist), |
14 | | registered professional nurse, or licensed practical nurse, as |
15 | | defined in the Nurse Practice Act, who receives an hourly wage |
16 | | and has direct responsibility to oversee or carry out nursing |
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1 | | care. |
2 | | "Unforeseen emergent circumstance" means (i) any declared |
3 | | national, State, or municipal disaster or other catastrophic |
4 | | event, or any implementation of a facility's disaster plan, |
5 | | that will substantially affect or increase the need for health |
6 | | care services or (ii) any circumstance in which patient care |
7 | | needs require specialized nursing skills through the |
8 | | completion of a procedure. "Unforeseen emergent circumstance" |
9 | | does not include a situation in which the facility fails to |
10 | | have enough nursing staff to meet the usual and reasonably |
11 | | predictable nursing needs of its residents. |
12 | | (b) No nurse may be required to work mandated overtime, |
13 | | except in the case of an unforeseen emergent circumstance when |
14 | | such overtime is required only as a last resort. Such mandated |
15 | | overtime shall not exceed 4 hours beyond an agreed-to, |
16 | | predetermined work shift. |
17 | | (c) If a nurse is mandated to work up to 12 consecutive |
18 | | hours, the nurse must be allowed at least 8 consecutive hours |
19 | | of off-duty time immediately following the completion of a |
20 | | shift. |
21 | | (d) No facility may discipline, discharge, or take any |
22 | | other adverse employment action against a nurse solely because |
23 | | the nurse refused to work mandated overtime as prohibited under |
24 | | subsection (b). |
25 | | (e) Any employee of a facility that is subject to this Act |
26 | | may file a complaint with the Department regarding an alleged |
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1 | | violation of this Section. The complaint must be filed within |
2 | | 45 days following the occurrence of the incident giving rise to |
3 | | the alleged violation. The Department must forward |
4 | | notification of the alleged violation to the facility in |
5 | | question within 3 business days after the complaint is filed. |
6 | | Upon receiving a complaint of a violation of this Section, the |
7 | | Department may take any action authorized under Section 3-119 |
8 | | or 3-212 of this Act. |
9 | | (f) Any violation of this Section must be proved by clear |
10 | | and convincing evidence that a nurse was required to work |
11 | | overtime against his or her will. The facility may defeat the |
12 | | claim of a violation by presenting clear and convincing |
13 | | evidence that an unforeseen emergent circumstance, which |
14 | | required overtime work, existed at the time the employee was |
15 | | required or compelled to work.
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16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.".
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