HB5637 99TH GENERAL ASSEMBLY

LRB099 19257 MJP 43649 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5637

Introduced , by Rep. Chad Hays

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-202.07 new

Amends the Nursing Home Care Act. Provides that no nurse may be required to work mandated overtime, except in the case of an unforeseen emergent circumstance when such overtime is only required as a last resort. Defines "mandated overtime", "nurse", and "unforeseen emergent circumstance". Provides that if 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 immediately following the completion of a shift. Prohibits a facility from disciplining, discharging, or taking any other adverse employment action against a nurse solely because the nurse refused to work mandated overtime. Establishes procedures for filing a complaint with the Department of Public Health alleging a violation of the prohibition on mandated overtime and the burden of proof for determining whether a violation occurred. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 5. The Nursing Home Care Act is amended by adding Section 3-202.07 as follows:

(210 ILCS 45/3-202.07 new)

Sec. 3-202.07. Nurse mandated overtime prohibited.

(a) Definitions. As used in this Section:

"Mandated overtime" means work that is required by the facility in excess of an agreed-to, predetermined work shift.

"Nurse" means any advanced practice nurse (except for a certified registered nurse anesthetist who is primarily engaged in performing the duties of a nurse anesthetist), registered professional nurse, or licensed practical nurse, as defined in the Nurse Practice Act, who receives an hourly wage and has direct responsibility to oversee or carry out nursing care.

"Unforeseen emergent circumstance" means (i) any declared national, State, or municipal disaster or other catastrophic event, or any implementation of a facility's disaster plan, that will substantially affect or increase the need for health care services or (ii) any circumstance in which patient care needs require specialized nursing skills through the completion of a procedure. "Unforeseen emergent circumstance" does not include a situation in which the facility fails to have enough nursing staff to meet the usual and reasonably predictable nursing needs of its residents.

(b) No nurse 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. Such mandated overtime shall not exceed 4 hours beyond an agreed-to, predetermined work shift.

(c) If 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 immediately following the completion of a shift.

(d) No facility may discipline, discharge, or take any other adverse employment action against a nurse solely because the nurse refused to work mandated overtime as prohibited under subsection (b).

(e) Any employee of a facility that is subject to this Act may file a complaint with the Department regarding an alleged violation of this Section. The complaint must be filed within 45 days following the occurrence of the incident giving rise to the alleged violation. The Department must forward notification of the alleged violation to the facility in question within 3 business days after the complaint is filed. Upon receiving a complaint of a violation of this Section, the Department may take any action authorized under Section 3-119 or 3-212 of this Act.

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

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