HB4436ham002 93RD GENERAL ASSEMBLY 
Rep. Angelo Saviano
Filed: 3/30/2004
 
 

 




 

 		












09300HB4436ham002

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AMENDMENT TO HOUSE BILL 4436




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    AMENDMENT NO. ______. Amend House Bill 4436, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Hospital Licensing Act is amended  by adding 
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Section 17 as follows:
 
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    (210 ILCS 85/17  new)
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    Sec. 17. Nurse overtime prohibited.
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    (a) Definitions. As used in this Section:
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    "Nurse" means any registered nurse, licensed practical 
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nurse, or assistive nursing professional who receives an hourly 
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wage and has direct responsibility to oversee or carry out 
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medical regimens or nursing care for one or more patients.
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    "Overtime" means work in excess of an agreed-to, 
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predetermined scheduled work shift not to exceed 16 hours in 
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any 24-hour period, or work in excess of 120 hours in a 
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consecutive 14-day period, but does not include time spent by 
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nurses being on call. In a hospital for which a collective 
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bargaining agreement is in place, the collective bargaining 
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agreement shall prevail.
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    "On-call" means the status of a nurse who has agreed to be 
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scheduled as available for a specific time period but who is 
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not scheduled to a patient-specific assignment until and when 
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patient needs require the nurse's nursing services and the 
 


 






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nurse is then requested to work in order to ensure the 
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availability of qualified specialty staff to meet an unexpected 
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patient need or provide continuity through completion of a 
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case, treatment or procedure.
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    "Unforeseen emergent circumstance" means an unusual, 
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unpredictable, unforeseen, or unexpected circumstance calling 
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for additional clinical assistance or care where the hospital 
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has no reasonable alternative for obtaining such care or 
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assistance.
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    (b) Overtime prohibited. No nurse shall be required to work 
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overtime except in the case of an unforeseen emergent 
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circumstance when overtime is required only as a last resort. A 
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nurse shall be required to work overtime if:
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        (1) the work is a consequence of an emergency situation 
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that could not have been reasonably anticipated;
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        (2) the nurse has critical skills and expertise that 
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are required for the work;
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        (3) the State has enacted its medical disaster plan; or
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        (4) the standard of care for a patient assignment 
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requires continuity of care through completion of a case, 
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treatment, or procedure.
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    In calculating overtime, on-call hours are not considered 
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until patient need requires nursing services and the nurse is 
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then requested to work in order to ensure the availability of 
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qualified specialty staff to meet an unexpected patient need or 
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provide continuity through completion of a case, treatment, or 
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procedure.
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    (c) Violations. Any employee of a hospital that is subject 
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to this Act may file a complaint with the Department of Public 
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Health regarding an alleged violation of this Section. The 
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complaint must be filed within 30 days following the occurrence 
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of the incident giving rise to the alleged violation. The 
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Department must forward notification of the alleged violation 
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to the hospital in question within 3 business days after the 
 


 






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complaint is filed.
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    A violation of this Section must be proven by clear and 
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convincing evidence that a nurse was required to work overtime 
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against his or her will.  The hospital may defeat the claim of a 
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violation by clear and convincing evidence that an unforeseen 
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emergent circumstance, which required overtime work only as a 
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last resort, existed at the time the employee was required or 
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compelled to work.
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    Upon receiving a complaint of a violation of this Section, 
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the Department may take any action authorized under Section 7 
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or 9 of this Act.

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    (d) Posting of summary. Every hospital that is subject to 
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this Act must keep a summary of this Section approved by the 
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Director of Labor posted in a conspicuous and accessible place 
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in or about the premises wherever any person subject to this 
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Section is employed. The Department of Labor must furnish 
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copies of the summary on request to hospitals, without charge.

 

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