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Full Text of HB3382  98th General Assembly

HB3382 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3382

 

Introduced , by Rep. Silvana Tabares

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 15/10  from Ch. 111, par. 5360
225 ILCS 15/13  from Ch. 111, par. 5363
225 ILCS 25/9  from Ch. 111, par. 2309
225 ILCS 25/13  from Ch. 111, par. 2313
225 ILCS 25/16.1  from Ch. 111, par. 2316.1
225 ILCS 60/9  from Ch. 111, par. 4400-9
225 ILCS 60/20  from Ch. 111, par. 4400-20
225 ILCS 65/55-10  was 225 ILCS 65/10-30
225 ILCS 65/55-35
225 ILCS 65/60-10
225 ILCS 65/60-40
225 ILCS 65/65-60  was 225 ILCS 65/15-45
225 ILCS 80/14  from Ch. 111, par. 3914
225 ILCS 80/16  from Ch. 111, par. 3916
225 ILCS 100/10  from Ch. 111, par. 4810
225 ILCS 100/14  from Ch. 111, par. 4814
320 ILCS 20/3.5

    Amends various Acts. Provides that, beginning January 1, 2016, qualifications and continuing education requirements for health care professionals shall include completion of a one-hour course or training program regarding the identification and reporting of elder abuse and neglect. Amends the Elder Abuse and Neglect Act. Provides that the Department on Aging shall establish and implement a one-hour course or training program regarding the identification and reporting of elder abuse and neglect by health care professionals.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3382LRB098 08869 MGM 39000 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clinical Psychologist Licensing Act is
5amended by changing Sections 10 and 13 as follows:
 
6    (225 ILCS 15/10)  (from Ch. 111, par. 5360)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 10. Qualifications of applicants; examination. The
9Department, except as provided in Section 11 of this Act, shall
10issue a license as a clinical psychologist to any person who
11pays an application fee and who:
12        (1) is at least 21 years of age; and has not engaged in
13    conduct or activities which would constitute grounds for
14    discipline under this Act;
15        (2) (blank);
16        (3) is a graduate of a doctoral program from a college,
17    university or school accredited by the regional
18    accrediting body which is recognized by the Council on
19    Postsecondary Accreditation and is in the jurisdiction in
20    which it is located for purposes of granting the doctoral
21    degree and either:
22            (a) is a graduate of a doctoral program in
23        clinical, school or counseling psychology either

 

 

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1        accredited by the American Psychological Association
2        or approved by the Council for the National Register of
3        Health Service Providers in Psychology or other
4        national board recognized by the Board, and has
5        completed 2 years of satisfactory supervised
6        experience in clinical, school or counseling
7        psychology at least one of which is an internship and
8        one of which is postdoctoral; or
9            (b) holds a doctoral degree from a recognized
10        college, university or school which the Department,
11        through its rules, establishes as being equivalent to a
12        clinical, school or counseling psychology program and
13        has completed at least one course in each of the
14        following 7 content areas, in actual attendance at a
15        recognized university, college or school whose
16        graduates would be eligible for licensure under this
17        Act: scientific and professional ethics, biological
18        basis of behavior, cognitive-affective basis of
19        behavior, social basis of behavior, individual
20        differences, assessment, and treatment modalities; and
21        has completed 2 years of satisfactory supervised
22        experience in clinical, school or counseling
23        psychology, at least one of which is an internship and
24        one of which is postdoctoral; or
25            (c) holds a doctorate in psychology or in a program
26        whose content is psychological in nature from an

 

 

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1        accredited college, university or school not meeting
2        the standards of paragraph (a) or (b) of this
3        subsection (3) and provides evidence of the completion
4        of at least one course in each of the 7 content areas
5        specified in paragraph (b) in actual attendance at a
6        recognized university, school or college whose
7        graduate would be eligible for licensure under this
8        Act; and has completed an appropriate practicum, an
9        internship or equivalent supervised clinical
10        experience in an organized mental health care setting
11        and 2 years of satisfactory supervised experience in
12        clinical or counseling psychology, at least one of
13        which is postdoctoral; and
14        (3.5) beginning January 1, 2016, presents satisfactory
15    evidence of completion of a course or training program
16    regarding the identification and reporting of elder abuse
17    and neglect established by the Department on Aging pursuant
18    to subsection (2) of Section 3.5 of the Elder Abuse and
19    Neglect Act; and
20        (4) has passed an examination authorized by the
21    Department to determine his or her fitness to receive a
22    license.
23Applicants for licensure under subsection (3)(a) and (3)(b) of
24this Section shall complete 2 years of satisfactory supervised
25experience, at least one of which shall be an internship and
26one of which shall be postdoctoral. A year of supervised

 

 

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1experience is defined as not less than 1,750 hours obtained in
2not less than 50 weeks based on 35 hours per week for full-time
3work experience. Full-time supervised experience will be
4counted only if it is obtained in a single setting for a
5minimum of 6 months. Part-time and internship experience will
6be counted only if it is 18 hours or more a week for a minimum
7of 9 months and is in a single setting. The internship
8experience required under subsection (3)(a) and (3)(b) of this
9Section shall be a minimum of 1,750 hours completed within 24
10months.
11    Programs leading to a doctoral degree require minimally the
12equivalent of 3 full-time academic years of graduate study, at
13least 2 years of which are at the institution from which the
14degree is granted, and of which at least one year or its
15equivalent is in residence at the institution from which the
16degree is granted. Course work for which credit is given for
17life experience will not be accepted by the Department as
18fulfilling the educational requirements for licensure.
19Residence requires interaction with psychology faculty and
20other matriculated psychology students; one year's residence
21or its equivalent is defined as follows:
22        (a) 30 semester hours taken on a full-time or part-time
23    basis at the institution accumulated within 24 months, or
24        (b) a minimum of 350 hours of student-faculty contact
25    involving face-to-face individual or group courses or
26    seminars accumulated within 18 months. Such educational

 

 

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1    meetings must include both faculty-student and
2    student-student interaction, be conducted by the
3    psychology faculty of the institution at least 90% of the
4    time, be fully documented by the institution, and relate
5    substantially to the program and course content. The
6    institution must clearly document how the applicant's
7    performance is assessed and evaluated.
8    To meet the requirement for satisfactory supervised
9experience, under this Act the supervision must be performed
10pursuant to the order, control and full professional
11responsibility of a licensed clinical psychologist. The
12clients shall be the clients of the agency or supervisor rather
13than the supervisee. Supervised experience in which the
14supervisor receives monetary payment or other consideration
15from the supervisee or in which the supervisor is hired by or
16otherwise employed by the supervisee shall not be accepted by
17the Department as fulfilling the practicum, internship or 2
18years of satisfactory supervised experience requirements for
19licensure.
20    Examinations for applicants under this Act shall be held at
21the direction of the Department from time to time but not less
22than once each year. The scope and form of the examination
23shall be determined by the Department.
24    Each applicant for a license who possesses the necessary
25qualifications therefor shall be examined by the Department,
26and shall pay to the Department, or its designated testing

 

 

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1service, the required examination fee, which fee shall not be
2refunded by the Department.
3    Applicants have 3 years from the date of application to
4complete the application process. If the process has not been
5completed in 3 years, the application shall be denied, the fee
6shall be forfeited, and the applicant must reapply and meet the
7requirements in effect at the time of reapplication.
8    An applicant has one year from the date of notification of
9successful completion of the examination to apply to the
10Department for a license. If an applicant fails to apply within
11one year, the applicant shall be required to take and pass the
12examination again unless licensed in another jurisdiction of
13the United States within one year of passing the examination.
14(Source: P.A. 91-357, eff. 7-29-99.)
 
15    (225 ILCS 15/13)  (from Ch. 111, par. 5363)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 13. License renewal; restoration. The expiration date
18and renewal period for each license issued under this Act shall
19be set by rule. Every holder of a license under this Act may
20renew such license during the 90-day period immediately
21preceding the expiration date thereof upon payment of the
22required renewal fees and demonstrating compliance with any
23continuing education requirements. The Department shall adopt
24rules establishing minimum requirements of continuing
25education and means for verification of the completion of the

 

 

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1continuing education requirements. The Department may, by
2rule, specify circumstances under which the continuing
3education requirements may be waived. The rules establishing
4minimum requirements for continuing education shall provide
5that, beginning January 1, 2016, a holder of a license under
6this Act is required to complete an additional one hour of
7continuing education consisting of the course or training
8program regarding the identification and reporting of elder
9abuse and neglect established by the Department on Aging
10pursuant to subsection (2) of Section 3.5 of the Elder Abuse
11and Neglect Act.
12    A clinical psychologist who has permitted his or her
13license to expire or who has had his or her license on inactive
14status may have his or her license restored by making
15application to the Department and filing proof acceptable to
16the Department, as defined by rule, of his or her fitness to
17have his or her license restored, including evidence certifying
18to active practice in another jurisdiction satisfactory to the
19Department and by paying the required restoration fee.
20    If the clinical psychologist has not maintained an active
21practice in another jurisdiction satisfactory to the
22Department, the Board shall determine, by an evaluation program
23established by rule, his or her fitness to resume active status
24and may require the clinical psychologist to complete a period
25of supervised professional experience and may require
26successful completion of an examination.

 

 

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1    However, any clinical psychologist whose license expired
2while he or she was (1) in Federal Service on active duty with
3the Armed Forces of the United States, or the State Militia
4called into service or training, or (2) in training or
5education under the supervision of the United States
6preliminary to induction into the military service, may have
7his or her license renewed or restored without paying any
8lapsed renewal fees if within 2 years after honorable
9termination of such service, training or education he or she
10furnishes the Department with satisfactory evidence to the
11effect that he or she has been so engaged and that his or her
12service, training or education has been so terminated.
13(Source: P.A. 96-1050, eff. 1-1-11.)
 
14    Section 10. The Illinois Dental Practice Act is amended by
15changing Sections 9, 13, and 16.1 as follows:
 
16    (225 ILCS 25/9)  (from Ch. 111, par. 2309)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 9. Qualifications of Applicants for Dental Licenses.
19The Department shall require that each applicant for a license
20to practice dentistry shall:
21        (a) (Blank).
22        (b) Be at least 21 years of age and of good moral
23    character.
24        (c) (1) Present satisfactory evidence of completion of

 

 

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1    dental education by graduation from a dental college or
2    school in the United States or Canada approved by the
3    Department. The Department shall not approve any dental
4    college or school which does not require at least (A) 60
5    semester hours of collegiate credit or the equivalent in
6    acceptable subjects from a college or university before
7    admission, and (B) completion of at least 4 academic years
8    of instruction or the equivalent in an approved dental
9    college or school that is accredited by the Commission on
10    Dental Accreditation of the American Dental Association;
11    or
12        (2) Present satisfactory evidence of completion of
13    dental education by graduation from a dental college or
14    school outside the United States or Canada and provide
15    satisfactory evidence that:
16            (A) (blank);
17            (B) the applicant has completed a minimum of 2
18        academic years of general dental clinical training at a
19        dental college or school in the United States or Canada
20        approved by the Department, however, an accredited
21        advanced dental education program approved by the
22        Department of no less than 2 years may be substituted
23        for the 2 academic years of general dental clinical
24        training and an applicant who was enrolled for not less
25        than one year in an approved clinical program prior to
26        January 1, 1993 at an Illinois dental college or school

 

 

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1        shall be required to complete only that program; and
2            (C) the applicant has received certification from
3        the dean of an approved dental college or school in the
4        United States or Canada or the program director of an
5        approved advanced dental education program stating
6        that the applicant has achieved the same level of
7        scientific knowledge and clinical competence as
8        required of all graduates of the college, school, or
9        advanced dental education program.
10        Nothing in this Act shall be construed to prevent
11    either the Department or any dental college or school from
12    establishing higher standards than specified in this Act.
13        (c-5) Beginning January 1, 2016, present satisfactory
14    evidence of completion of a course or training program
15    regarding the identification and reporting of elder abuse
16    and neglect established by the Department on Aging pursuant
17    to subsection (2) of Section 3.5 of the Elder Abuse and
18    Neglect Act.
19        (d) (Blank).
20        (e) Present satisfactory evidence that the applicant
21    has passed both parts of the National Board Dental
22    Examination administered by the Joint Commission on
23    National Dental Examinations and has successfully
24    completed an examination conducted by one of the following
25    regional testing services: the Central Regional Dental
26    Testing Service, Inc. (CRDTS), the Southern Regional

 

 

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1    Testing Agency, Inc. (SRTA), the Western Regional
2    Examining Board (WREB), the North East Regional Board
3    (NERB), or the Council of Interstate Testing Agencies
4    (CITA). For purposes of this Section, successful
5    completion shall mean that the applicant has achieved a
6    minimum passing score as determined by the applicable
7    regional testing service. The Secretary may suspend a
8    regional testing service under this subsection (e) if,
9    after proper notice and hearing, it is established that (i)
10    the integrity of the examination has been breached so as to
11    make future test results unreliable or (ii) the test is
12    fundamentally deficient in testing clinical competency.
13    In determining professional capacity under this Section,
14any individual who has not been actively engaged in the
15practice of dentistry, has not been a dental student, or has
16not been engaged in a formal program of dental education during
17the 5 years immediately preceding the filing of an application
18may be required to complete such additional testing, training,
19or remedial education as the Board may deem necessary in order
20to establish the applicant's present capacity to practice
21dentistry with reasonable judgment, skill, and safety.
22(Source: P.A. 96-14, eff. 6-19-09; 96-1000, eff. 7-2-10;
2396-1222, eff. 7-23-10; 97-526, eff. 1-1-12; 97-1013, eff.
248-17-12.)
 
25    (225 ILCS 25/13)  (from Ch. 111, par. 2313)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 13. Qualifications of Applicants for Dental
3Hygienists. Every person who desires to obtain a license as a
4dental hygienist shall apply to the Department in writing, upon
5forms prepared and furnished by the Department. Each
6application shall contain proof of the particular
7qualifications required of the applicant, shall be verified by
8the applicant, under oath, and shall be accompanied by the
9required examination fee.
10    The Department shall require that every applicant for a
11license as a dental hygienist shall:
12        (1) (Blank).
13        (2) Be a graduate of high school or its equivalent.
14        (3) Present satisfactory evidence of having
15    successfully completed 2 academic years of credit at a
16    dental hygiene program accredited by the Commission on
17    Dental Accreditation of the American Dental Association.
18        (4) Submit evidence that he or she holds a currently
19    valid certification to perform cardiopulmonary
20    resuscitation. The Department shall adopt rules
21    establishing criteria for certification in cardiopulmonary
22    resuscitation. The rules of the Department shall provide
23    for variances only in instances where the applicant is
24    physically disabled and therefore unable to secure such
25    certification.
26        (4.5) Beginning January 1, 2016, present satisfactory

 

 

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1    evidence of completion of a course or training program
2    regarding the identification and reporting of elder abuse
3    and neglect established by the Department on Aging pursuant
4    to subsection (2) of Section 3.5 of the Elder Abuse and
5    Neglect Act.
6        (5) (Blank).
7        (6) Present satisfactory evidence that the applicant
8    has passed the National Board Dental Hygiene Examination
9    administered by the Joint Commission on National Dental
10    Examinations and has successfully completed an examination
11    conducted by one of the following regional testing
12    services: the Central Regional Dental Testing Service,
13    Inc. (CRDTS), the Southern Regional Testing Agency, Inc.
14    (SRTA), the Western Regional Examining Board (WREB), or the
15    North East Regional Board (NERB). For the purposes of this
16    Section, successful completion shall mean that the
17    applicant has achieved a minimum passing score as
18    determined by the applicable regional testing service. The
19    Secretary may suspend a regional testing service under this
20    item (6) if, after proper notice and hearing, it is
21    established that (i) the integrity of the examination has
22    been breached so as to make future test results unreliable
23    or (ii) the examination is fundamentally deficient in
24    testing clinical competency.
25(Source: P.A. 96-14, eff. 6-19-09; 97-1013, eff. 8-17-12.)
 

 

 

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1    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 16.1. Continuing education. The Department shall
4promulgate rules of continuing education for persons licensed
5under this Act. In establishing rules, the Department shall
6require a minimum of 48 hours of study in approved courses for
7dentists during each 3-year licensing period and a minimum of
836 hours of study in approved courses for dental hygienists
9during each 3-year licensing period. Beginning January 1, 2016,
10during each 3-year licensing period, dentists and dental
11hygienists are required to complete an additional one hour of
12continuing education consisting of the course or training
13program regarding the identification and reporting of elder
14abuse and neglect established by the Department on Aging
15pursuant to subsection (2) of Section 3.5 of the Elder Abuse
16and Neglect Act.
17    The Department shall approve only courses that are relevant
18to the treatment and care of patients, including, but not
19limited to, clinical courses in dentistry and dental hygiene
20and nonclinical courses such as patient management, legal and
21ethical responsibilities, and stress management. The
22Department shall allow up to 4 hours of continuing education
23credit hours per license renewal period for volunteer hours
24spent providing clinical services at, or sponsored by, a
25nonprofit community clinic, local or state health department,
26or a charity event. Courses shall not be approved in such

 

 

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1subjects as estate and financial planning, investments, or
2personal health. Approved courses may include, but shall not be
3limited to, courses that are offered or sponsored by approved
4colleges, universities, and hospitals and by recognized
5national, State, and local dental and dental hygiene
6organizations.
7    No license shall be renewed unless the renewal application
8is accompanied by an affidavit indicating that the applicant
9has completed the required minimum number of hours of
10continuing education in approved courses as required by this
11Section. The affidavit shall not require a listing of courses.
12The affidavit shall be a prima facie evidence that the
13applicant has obtained the minimum number of required
14continuing education hours in approved courses. The Department
15shall not be obligated to conduct random audits or otherwise
16independently verify that an applicant has met the continuing
17education requirement. The Department, however, may not
18conduct random audits of more than 10% of the licensed dentists
19and dental hygienists in any one licensing cycle to verify
20compliance with continuing education requirements. If the
21Department, however, receives a complaint that a licensee has
22not completed the required continuing education or if the
23Department is investigating another alleged violation of this
24Act by a licensee, the Department may demand and shall be
25entitled to receive evidence from any licensee of completion of
26required continuing education courses for the most recently

 

 

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1completed 3-year licensing period. Evidence of continuing
2education may include, but is not limited to, canceled checks,
3official verification forms of attendance, and continuing
4education recording forms, that demonstrate a reasonable
5record of attendance. The Board shall determine, in accordance
6with rules adopted by the Department, whether a licensee or
7applicant has met the continuing education requirements. Any
8dentist who holds more than one license under this Act shall be
9required to complete only the minimum number of hours of
10continuing education required for renewal of a single license.
11The Department may provide exemptions from continuing
12education requirements. The exemptions shall include, but
13shall not be limited to, dentists and dental hygienists who
14agree not to practice within the State during the licensing
15period because they are retired from practice.
16(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
17    Section 15. The Medical Practice Act of 1987 is amended by
18changing Sections 9 and 20 as follows:
 
19    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
20    (Section scheduled to be repealed on December 31, 2013)
21    Sec. 9. Application for license. Each applicant for a
22license shall:
23        (A) Make application on blank forms prepared and
24    furnished by the Department.

 

 

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1        (B) Submit evidence satisfactory to the Department
2    that the applicant:
3            (1) is of good moral character. In determining
4        moral character under this Section, the Department may
5        take into consideration whether the applicant has
6        engaged in conduct or activities which would
7        constitute grounds for discipline under this Act. The
8        Department may also request the applicant to submit,
9        and may consider as evidence of moral character,
10        endorsements from 2 or 3 individuals licensed under
11        this Act;
12            (2) has the preliminary and professional education
13        required by this Act;
14            (2.5) beginning January 1, 2016, has successfully
15        completed a course or training program regarding the
16        identification and reporting of elder abuse and
17        neglect established by the Department on Aging
18        pursuant to subsection (2) of Section 3.5 of the Elder
19        Abuse and Neglect Act.
20            (3) (blank); and
21            (4) is physically, mentally, and professionally
22        capable of practicing medicine with reasonable
23        judgment, skill, and safety. In determining physical,
24        mental and professional capacity under this Section,
25        the Licensing Board may, upon a showing of a possible
26        incapacity or conduct or activities that would

 

 

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1        constitute grounds for discipline under this Act,
2        compel any applicant to submit to a mental or physical
3        examination and evaluation, or both, as provided for in
4        Section 22 of this Act. The Licensing Board may
5        condition or restrict any license, subject to the same
6        terms and conditions as are provided for the
7        Disciplinary Board under Section 22 of this Act. Any
8        such condition of a restricted license shall provide
9        that the Chief Medical Coordinator or Deputy Medical
10        Coordinator shall have the authority to review the
11        subject physician's compliance with such conditions or
12        restrictions, including, where appropriate, the
13        physician's record of treatment and counseling
14        regarding the impairment, to the extent permitted by
15        applicable federal statutes and regulations
16        safeguarding the confidentiality of medical records of
17        patients.
18        In determining professional capacity under this
19    Section, an individual may be required to complete such
20    additional testing, training, or remedial education as the
21    Licensing Board may deem necessary in order to establish
22    the applicant's present capacity to practice medicine with
23    reasonable judgment, skill, and safety. The Licensing
24    Board may consider the following criteria, as they relate
25    to an applicant, as part of its determination of
26    professional capacity:

 

 

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1            (1) Medical research in an established research
2        facility, hospital, college or university, or private
3        corporation.
4            (2) Specialized training or education.
5            (3) Publication of original work in learned,
6        medical, or scientific journals.
7            (4) Participation in federal, State, local, or
8        international public health programs or organizations.
9            (5) Professional service in a federal veterans or
10        military institution.
11            (6) Any other professional activities deemed to
12        maintain and enhance the clinical capabilities of the
13        applicant.
14        Any applicant applying for a license to practice
15    medicine in all of its branches or for a license as a
16    chiropractic physician who has not been engaged in the
17    active practice of medicine or has not been enrolled in a
18    medical program for 2 years prior to application must
19    submit proof of professional capacity to the Licensing
20    Board.
21        Any applicant applying for a temporary license that has
22    not been engaged in the active practice of medicine or has
23    not been enrolled in a medical program for longer than 5
24    years prior to application must submit proof of
25    professional capacity to the Licensing Board.
26        (C) Designate specifically the name, location, and

 

 

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1    kind of professional school, college, or institution of
2    which the applicant is a graduate and the category under
3    which the applicant seeks, and will undertake, to practice.
4        (D) Pay to the Department at the time of application
5    the required fees.
6        (E) Pursuant to Department rules, as required, pass an
7    examination authorized by the Department to determine the
8    applicant's fitness to receive a license.
9        (F) Complete the application process within 3 years
10    from the date of application. If the process has not been
11    completed within 3 years, the application shall expire,
12    application fees shall be forfeited, and the applicant must
13    reapply and meet the requirements in effect at the time of
14    reapplication.
15(Source: P.A. 97-622, eff. 11-23-11.)
 
16    (225 ILCS 60/20)  (from Ch. 111, par. 4400-20)
17    (Section scheduled to be repealed on December 31, 2013)
18    Sec. 20. Continuing education. The Department shall
19promulgate rules of continuing education for persons licensed
20under this Act that require an average of 50 hours of
21continuing education per license year. Beginning January 1,
222016, a person licensed under this Act is required to complete
23an additional one hour of continuing education consisting of
24the course or training program regarding the identification and
25reporting of elder abuse and neglect established by the

 

 

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1Department on Aging pursuant to subsection (2) of Section 3.5
2of the Elder Abuse and Neglect Act. These rules shall be
3consistent with requirements of relevant professional
4associations, specialty societies, or boards. The rules shall
5also address variances in part or in whole for good cause,
6including, but not limited to, temporary illness or hardship.
7In establishing these rules, the Department shall consider
8educational requirements for medical staffs, requirements for
9specialty society board certification or for continuing
10education requirements as a condition of membership in
11societies representing the 2 categories of licensee under this
12Act. These rules shall assure that licensees are given the
13opportunity to participate in those programs sponsored by or
14through their professional associations or hospitals which are
15relevant to their practice. Each licensee is responsible for
16maintaining records of completion of continuing education and
17shall be prepared to produce the records when requested by the
18Department.
19(Source: P.A. 97-622, eff. 11-23-11.)
 
20    Section 20. The Nurse Practice Act is amended by changing
21Sections 55-10, 55-35, 60-10, 60-40, and 65-60 as follows:
 
22    (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 55-10. Qualifications for LPN licensure.

 

 

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1    (a) Each applicant who successfully meets the requirements
2of this Section shall be entitled to licensure as a Licensed
3Practical Nurse.
4    (b) An applicant for licensure by examination to practice
5as a practical nurse must do each of the following:
6        (1) Submit a completed written application, on forms
7    provided by the Department and fees as established by the
8    Department.
9        (2) Have graduated from a practical nursing education
10    program approved by the Department or have been granted a
11    certificate of completion of pre-licensure requirements
12    from another United States jurisdiction.
13        (2.5) Beginning January 1, 2016, have successfully
14    completed a course or training program regarding the
15    identification and reporting of elder abuse and neglect
16    established by the Department on Aging pursuant to
17    subsection (2) of Section 3.5 of the Elder Abuse and
18    Neglect Act.
19        (3) Successfully complete a licensure examination
20    approved by the Department.
21        (4) Have not violated the provisions of this Act
22    concerning the grounds for disciplinary action. The
23    Department may take into consideration any felony
24    conviction of the applicant, but such a conviction shall
25    not operate as an absolute bar to licensure.
26        (5) Submit to the criminal history records check

 

 

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1    required under Section 50-35 of this Act.
2        (6) Submit either to the Department or its designated
3    testing service, a fee covering the cost of providing the
4    examination. Failure to appear for the examination on the
5    scheduled date at the time and place specified after the
6    applicant's application for examination has been received
7    and acknowledged by the Department or the designated
8    testing service shall result in the forfeiture of the
9    examination fee.
10        (7) Meet all other requirements established by rule.
11    An applicant for licensure by examination may take the
12Department-approved examination in another jurisdiction.
13    (b-5) If an applicant for licensure by examination
14neglects, fails, or refuses to take an examination or fails to
15pass an examination for a license under this Act within 3 years
16after filing the application, the application shall be denied.
17The applicant must enroll in and complete an approved practical
18nursing education program prior to submitting an additional
19application for the licensure exam.
20    An applicant may take and successfully complete a
21Department-approved examination in another jurisdiction.
22However, an applicant who has never been licensed previously in
23any jurisdiction that utilizes a Department-approved
24examination and who has taken and failed to pass the
25examination within 3 years after filing the application must
26submit proof of successful completion of a

 

 

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1Department-authorized nursing education program or
2recompletion of an approved licensed practical nursing program
3prior to re-application.
4    (c) An applicant for licensure by examination shall have
5one year from the date of notification of successful completion
6of the examination to apply to the Department for a license. If
7an applicant fails to apply within one year, the applicant
8shall be required to retake and pass the examination unless
9licensed in another jurisdiction of the United States.
10    (d) A licensed practical nurse applicant who passes the
11Department-approved licensure examination and has applied to
12the Department for licensure may obtain employment as a
13license-pending practical nurse and practice as delegated by a
14registered professional nurse or an advanced practice nurse or
15physician. An individual may be employed as a license-pending
16practical nurse if all of the following criteria are met:
17        (1) He or she has completed and passed the
18    Department-approved licensure exam and presents to the
19    employer the official written notification indicating
20    successful passage of the licensure examination.
21        (1.5) Beginning January 1, 2016, he or she has
22    successfully completed a course or training program
23    regarding the identification and reporting of elder abuse
24    and neglect established by the Department on Aging pursuant
25    to subsection (2) of Section 3.5 of the Elder Abuse and
26    Neglect Act.

 

 

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1        (2) He or she has completed and submitted to the
2    Department an application for licensure under this Section
3    as a practical nurse.
4        (3) He or she has submitted the required licensure fee.
5        (4) He or she has met all other requirements
6    established by rule, including having submitted to a
7    criminal history records check.
8    (e) The privilege to practice as a license-pending
9practical nurse shall terminate with the occurrence of any of
10the following:
11        (1) Three months have passed since the official date of
12    passing the licensure exam as inscribed on the formal
13    written notification indicating passage of the exam. This
14    3-month period may be extended as determined by rule.
15        (2) Receipt of the practical nurse license from the
16    Department.
17        (3) Notification from the Department that the
18    application for licensure has been denied.
19        (4) A request by the Department that the individual
20    terminate practicing as a license-pending practical nurse
21    until an official decision is made by the Department to
22    grant or deny a practical nurse license.
23    (f) An applicant for licensure by endorsement who is a
24licensed practical nurse licensed by examination under the laws
25of another state or territory of the United States or a foreign
26country, jurisdiction, territory, or province must do each of

 

 

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1the following:
2        (1) Submit a completed written application, on forms
3    supplied by the Department, and fees as established by the
4    Department.
5        (2) Have graduated from a practical nursing education
6    program approved by the Department.
7        (2.5) Beginning January 1, 2016, have successfully
8    completed a course or training program regarding the
9    identification and reporting of elder abuse and neglect
10    established by the Department on Aging pursuant to
11    subsection (2) of Section 3.5 of the Elder Abuse and
12    Neglect Act.
13        (3) Submit verification of licensure status directly
14    from the United States jurisdiction of licensure, if
15    applicable, as defined by rule.
16        (4) Submit to the criminal history records check
17    required under Section 50-35 of this Act.
18        (5) Meet all other requirements as established by the
19    Department by rule.
20    (g) All applicants for practical nurse licensure by
21examination or endorsement who are graduates of nursing
22educational programs in a country other than the United States
23or its territories shall have their nursing education
24credentials evaluated by a Department-approved nursing
25credentialing evaluation service. No such applicant may be
26issued a license under this Act unless the applicant's program

 

 

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1is deemed by the nursing credentialing evaluation service to be
2equivalent to a professional nursing education program
3approved by the Department. An applicant who has graduated from
4a nursing educational program outside of the United States or
5its territories and whose first language is not English shall
6submit certification of passage of the Test of English as a
7Foreign Language (TOEFL), as defined by rule. The Department
8may, upon recommendation from the nursing evaluation service,
9waive the requirement that the applicant pass the TOEFL
10examination if the applicant submits verification of the
11successful completion of a nursing education program conducted
12in English. The requirements of this subsection (d) may be
13satisfied by the showing of proof of a certificate from the
14Certificate Program or the VisaScreen Program of the Commission
15on Graduates of Foreign Nursing Schools.
16    (h) An applicant licensed in another state or territory who
17is applying for licensure and has received her or his education
18in a country other than the United States or its territories
19shall have her or his nursing education credentials evaluated
20by a Department-approved nursing credentialing evaluation
21service. No such applicant may be issued a license under this
22Act unless the applicant's program is deemed by the nursing
23credentialing evaluation service to be equivalent to a
24professional nursing education program approved by the
25Department. An applicant who has graduated from a nursing
26educational program outside of the United States or its

 

 

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1territories and whose first language is not English shall
2submit certification of passage of the Test of English as a
3Foreign Language (TOEFL), as defined by rule. The Department
4may, upon recommendation from the nursing evaluation service,
5waive the requirement that the applicant pass the TOEFL
6examination if the applicant submits verification of the
7successful completion of a nursing education program conducted
8in English or the successful passage of an approved licensing
9examination given in English. The requirements of this
10subsection (d-5) may be satisfied by the showing of proof of a
11certificate from the Certificate Program or the VisaScreen
12Program of the Commission on Graduates of Foreign Nursing
13Schools.
14    (i) A licensed practical nurse who holds an unencumbered
15license in good standing in another United States jurisdiction
16and who has applied for practical nurse licensure under this
17Act by endorsement may be issued a temporary license, if
18satisfactory proof of such licensure in another jurisdiction is
19presented to the Department. The Department shall not issue an
20applicant a temporary practical nurse license until it is
21satisfied that the applicant holds an active, unencumbered
22license in good standing in another jurisdiction. If the
23applicant holds more than one current active license or one or
24more active temporary licenses from another jurisdiction, the
25Department may not issue a temporary license until the
26Department is satisfied that each current active license held

 

 

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1by the applicant is unencumbered. The temporary license, which
2shall be issued no later than 14 working days following receipt
3by the Department of an application for the temporary license,
4shall be granted upon the submission of all of the following to
5the Department:
6        (1) A completed application for licensure as a
7    practical nurse.
8        (2) Proof of a current, active license in at least one
9    other jurisdiction of the United States and proof that each
10    current active license or temporary license held by the
11    applicant within the last 5 years is unencumbered.
12        (3) A signed and completed application for a temporary
13    license.
14        (4) The required temporary license fee.
15    (j) The Department may refuse to issue an applicant a
16temporary license authorized pursuant to this Section if,
17within 14 working days following its receipt of an application
18for a temporary license, the Department determines that:
19        (1) the applicant has been convicted of a crime under
20    the laws of a jurisdiction of the United States that is:
21    (i) a felony; or (ii) a misdemeanor directly related to the
22    practice of the profession, within the last 5 years;
23        (2) the applicant has had a license or permit related
24    to the practice of practical nursing revoked, suspended, or
25    placed on probation by another jurisdiction within the last
26    5 years and at least one of the grounds for revoking,

 

 

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1    suspending, or placing on probation is the same or
2    substantially equivalent to grounds in Illinois; or
3        (3) the Department intends to deny licensure by
4    endorsement.
5    (k) The Department may revoke a temporary license issued
6pursuant to this Section if it determines any of the following:
7        (1) That the applicant has been convicted of a crime
8    under the law of any jurisdiction of the United States that
9    is (i) a felony or (ii) a misdemeanor directly related to
10    the practice of the profession, within the last 5 years.
11        (2) That within the last 5 years the applicant has had
12    a license or permit related to the practice of nursing
13    revoked, suspended, or placed on probation by another
14    jurisdiction, and at least one of the grounds for revoking,
15    suspending, or placing on probation is the same or
16    substantially equivalent to grounds for disciplinary
17    action under this Act.
18        (3) That the Department intends to deny licensure by
19    endorsement.
20    (l) A temporary license shall expire 6 months from the date
21of issuance. Further renewal may be granted by the Department
22in hardship cases, as defined by rule and upon approval of the
23Secretary. However, a temporary license shall automatically
24expire upon issuance of a valid license under this Act or upon
25notification that the Department intends to deny licensure,
26whichever occurs first.

 

 

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1    (m) All applicants for practical nurse licensure have 3
2years from the date of application to complete the application
3process. If the process has not been completed within 3 years
4from the date of application, the application shall be denied,
5the fee forfeited, and the applicant must reapply and meet the
6requirements in effect at the time of reapplication.
7(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
895-639, eff. 10-5-07.)
 
9    (225 ILCS 65/55-35)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 55-35. Continuing education for LPN licensees. The
12Department may adopt rules of continuing education for licensed
13practical nurses that require 20 hours of continuing education
14per 2-year license renewal cycle. The rules shall address
15variances in part or in whole for good cause, including without
16limitation illness or hardship. The continuing education rules
17must ensure that licensees are given the opportunity to
18participate in programs sponsored by or through their State or
19national professional associations, hospitals, or other
20providers of continuing education. Beginning January 1, 2016, a
21licensed practical nurse is required to complete an additional
22one hour of continuing education consisting of the course or
23training program regarding the identification and reporting of
24elder abuse and neglect established by the Department on Aging
25pursuant to subsection (2) of Section 3.5 of the Elder Abuse

 

 

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1and Neglect Act. Each licensee is responsible for maintaining
2records of completion of continuing education and shall be
3prepared to produce the records when requested by the
4Department.
5(Source: P.A. 95-639, eff. 10-5-07.)
 
6    (225 ILCS 65/60-10)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 60-10. Qualifications for RN licensure.
9    (a) Each applicant who successfully meets the requirements
10of this Section shall be entitled to licensure as a registered
11professional nurse.
12    (b) An applicant for licensure by examination to practice
13as a registered professional nurse must do each of the
14following:
15        (1) Submit a completed written application, on forms
16    provided by the Department, and fees, as established by the
17    Department.
18        (2) Have graduated from a professional nursing
19    education program approved by the Department or have been
20    granted a certificate of completion of pre-licensure
21    requirements from another United States jurisdiction.
22        (2.5) Beginning January 1, 2016, have successfully
23    completed a course or training program regarding the
24    identification and reporting of elder abuse and neglect
25    established by the Department on Aging pursuant to

 

 

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1    subsection (2) of Section 3.5 of the Elder Abuse and
2    Neglect Act.
3        (3) Successfully complete a licensure examination
4    approved by the Department.
5        (4) Have not violated the provisions of this Act
6    concerning the grounds for disciplinary action. The
7    Department may take into consideration any felony
8    conviction of the applicant, but such a conviction may not
9    operate as an absolute bar to licensure.
10        (5) Submit to the criminal history records check
11    required under Section 50-35 of this Act.
12        (6) Submit, either to the Department or its designated
13    testing service, a fee covering the cost of providing the
14    examination. Failure to appear for the examination on the
15    scheduled date at the time and place specified after the
16    applicant's application for examination has been received
17    and acknowledged by the Department or the designated
18    testing service shall result in the forfeiture of the
19    examination fee.
20        (7) Meet all other requirements established by the
21    Department by rule. An applicant for licensure by
22    examination may take the Department-approved examination
23    in another jurisdiction.
24    (b-5) If an applicant for licensure by examination
25neglects, fails, or refuses to take an examination or fails to
26pass an examination for a license within 3 years after filing

 

 

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1the application, the application shall be denied. The applicant
2may make a new application accompanied by the required fee,
3evidence of meeting the requirements in force at the time of
4the new application, and proof of the successful completion of
5at least 2 additional years of professional nursing education.
6    (c) An applicant for licensure by examination shall have
7one year after the date of notification of the successful
8completion of the examination to apply to the Department for a
9license. If an applicant fails to apply within one year, the
10applicant shall be required to retake and pass the examination
11unless licensed in another jurisdiction of the United States.
12    (d) An applicant for licensure by examination who passes
13the Department-approved licensure examination for professional
14nursing may obtain employment as a license-pending registered
15nurse and practice under the direction of a registered
16professional nurse or an advanced practice nurse until such
17time as he or she receives his or her license to practice or
18until the license is denied. In no instance shall any such
19applicant practice or be employed in any management capacity.
20An individual may be employed as a license-pending registered
21nurse if all of the following criteria are met:
22        (1) He or she has completed and passed the
23    Department-approved licensure exam and presents to the
24    employer the official written notification indicating
25    successful passage of the licensure examination.
26        (1.5) Beginning January 1, 2016, he or she has

 

 

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1    successfully completed a course or training program
2    regarding the identification and reporting of elder abuse
3    and neglect established by the Department on Aging pursuant
4    to subsection (2) of Section 3.5 of the Elder Abuse and
5    Neglect Act.
6        (2) He or she has completed and submitted to the
7    Department an application for licensure under this Section
8    as a registered professional nurse.
9        (3) He or she has submitted the required licensure fee.
10        (4) He or she has met all other requirements
11    established by rule, including having submitted to a
12    criminal history records check.
13    (e) The privilege to practice as a license-pending
14registered nurse shall terminate with the occurrence of any of
15the following:
16        (1) Three months have passed since the official date of
17    passing the licensure exam as inscribed on the formal
18    written notification indicating passage of the exam. The
19    3-month license pending period may be extended if more time
20    is needed by the Department to process the licensure
21    application.
22        (2) Receipt of the registered professional nurse
23    license from the Department.
24        (3) Notification from the Department that the
25    application for licensure has been refused.
26        (4) A request by the Department that the individual

 

 

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1    terminate practicing as a license-pending registered nurse
2    until an official decision is made by the Department to
3    grant or deny a registered professional nurse license.
4    (f) An applicant for registered professional nurse
5licensure by endorsement who is a registered professional nurse
6licensed by examination under the laws of another state or
7territory of the United States must do each of the following:
8        (1) Submit a completed written application, on forms
9    supplied by the Department, and fees as established by the
10    Department.
11        (2) Have graduated from a registered professional
12    nursing education program approved by the Department.
13        (2.5) Beginning January 1, 2016, have successfully
14    completed a course or training program regarding the
15    identification and reporting of elder abuse and neglect
16    established by the Department on Aging pursuant to
17    subsection (2) of Section 3.5 of the Elder Abuse and
18    Neglect Act.
19        (3) Submit verification of licensure status directly
20    from the United States jurisdiction of licensure, if
21    applicable, as defined by rule.
22        (4) Submit to the criminal history records check
23    required under Section 50-35 of this Act.
24        (5) Meet all other requirements as established by the
25    Department by rule.
26    (g) Pending the issuance of a license under this Section,

 

 

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1the Department may grant an applicant a temporary license to
2practice nursing as a registered professional nurse if the
3Department is satisfied that the applicant holds an active,
4unencumbered license in good standing in another U.S.
5jurisdiction. If the applicant holds more than one current
6active license or one or more active temporary licenses from
7another jurisdiction, the Department may not issue a temporary
8license until the Department is satisfied that each current
9active license held by the applicant is unencumbered. The
10temporary license, which shall be issued no later than 14
11working days after receipt by the Department of an application
12for the temporary license, shall be granted upon the submission
13of all of the following to the Department:
14        (1) A completed application for licensure as a
15    registered professional nurse.
16        (2) Proof of a current, active license in at least one
17    other jurisdiction of the United States and proof that each
18    current active license or temporary license held by the
19    applicant within the last 5 years is unencumbered.
20        (3) A completed application for a temporary license.
21        (4) The required temporary license fee.
22    (h) The Department may refuse to issue an applicant a
23temporary license authorized pursuant to this Section if,
24within 14 working days after its receipt of an application for
25a temporary license, the Department determines that:
26        (1) the applicant has been convicted of a crime under

 

 

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1    the laws of a jurisdiction of the United States that is (i)
2    a felony or (ii) a misdemeanor directly related to the
3    practice of the profession, within the last 5 years;
4        (2) the applicant has had a license or permit related
5    to the practice of nursing revoked, suspended, or placed on
6    probation by another jurisdiction within the last 5 years,
7    if at least one of the grounds for revoking, suspending, or
8    placing on probation is the same or substantially
9    equivalent to grounds for disciplinary action under this
10    Act; or
11        (3) the Department intends to deny licensure by
12    endorsement.
13    (i) The Department may revoke a temporary license issued
14pursuant to this Section if it determines any of the following:
15        (1) That the applicant has been convicted of a crime
16    under the laws of any jurisdiction of the United States
17    that is (i) a felony or (ii) a misdemeanor directly related
18    to the practice of the profession, within the last 5 years.
19        (2) That within the last 5 years, the applicant has had
20    a license or permit related to the practice of nursing
21    revoked, suspended, or placed on probation by another
22    jurisdiction, if at least one of the grounds for revoking,
23    suspending, or placing on probation is the same or
24    substantially equivalent to grounds for disciplinary
25    action under this Act.
26        (3) That it intends to deny licensure by endorsement.

 

 

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1    (j) A temporary license issued under this Section shall
2expire 6 months after the date of issuance. Further renewal may
3be granted by the Department in hardship cases, as defined by
4rule and upon approval of the Secretary. However, a temporary
5license shall automatically expire upon issuance of the
6Illinois license or upon notification that the Department
7intends to deny licensure, whichever occurs first.
8    (k) All applicants for registered professional nurse
9licensure have 3 years after the date of application to
10complete the application process. If the process has not been
11completed within 3 years after the date of application, the
12application shall be denied, the fee forfeited, and the
13applicant must reapply and meet the requirements in effect at
14the time of reapplication.
15    (l) All applicants for registered nurse licensure by
16examination or endorsement who are graduates of practical
17nursing educational programs in a country other than the United
18States and its territories shall have their nursing education
19credentials evaluated by a Department-approved nursing
20credentialing evaluation service. No such applicant may be
21issued a license under this Act unless the applicant's program
22is deemed by the nursing credentialing evaluation service to be
23equivalent to a professional nursing education program
24approved by the Department. An applicant who has graduated from
25a nursing educational program outside of the United States or
26its territories and whose first language is not English shall

 

 

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1submit certification of passage of the Test of English as a
2Foreign Language (TOEFL), as defined by rule. The Department
3may, upon recommendation from the nursing evaluation service,
4waive the requirement that the applicant pass the TOEFL
5examination if the applicant submits verification of the
6successful completion of a nursing education program conducted
7in English. The requirements of this subsection (l) may be
8satisfied by the showing of proof of a certificate from the
9Certificate Program or the VisaScreen Program of the Commission
10on Graduates of Foreign Nursing Schools.
11    (m) An applicant licensed in another state or territory who
12is applying for licensure and has received her or his education
13in a country other than the United States or its territories
14shall have her or his nursing education credentials evaluated
15by a Department-approved nursing credentialing evaluation
16service. No such applicant may be issued a license under this
17Act unless the applicant's program is deemed by the nursing
18credentialing evaluation service to be equivalent to a
19professional nursing education program approved by the
20Department. An applicant who has graduated from a nursing
21educational program outside of the United States or its
22territories and whose first language is not English shall
23submit certification of passage of the Test of English as a
24Foreign Language (TOEFL), as defined by rule. The Department
25may, upon recommendation from the nursing evaluation service,
26waive the requirement that the applicant pass the TOEFL

 

 

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1examination if the applicant submits verification of the
2successful completion of a nursing education program conducted
3in English or the successful passage of an approved licensing
4examination given in English. The requirements of this
5subsection (m) may be satisfied by the showing of proof of a
6certificate from the Certificate Program or the VisaScreen
7Program of the Commission on Graduates of Foreign Nursing
8Schools.
9(Source: P.A. 95-639, eff. 10-5-07.)
 
10    (225 ILCS 65/60-40)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 60-40. Continuing education for RN licensees. The
13Department may adopt rules of continuing education for
14registered professional nurses licensed under this Act that
15require 20 hours of continuing education per 2-year license
16renewal cycle. The rules shall address variances in part or in
17whole for good cause, including without limitation illness or
18hardship. The continuing education rules must ensure that
19licensees are given the opportunity to participate in programs
20sponsored by or through their State or national professional
21associations, hospitals, or other providers of continuing
22education. Beginning January 1, 2016, a registered
23professional nurse is required to complete an additional one
24hour of continuing education consisting of the course or
25training program regarding the identification and reporting of

 

 

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1elder abuse and neglect established by the Department on Aging
2pursuant to subsection (2) of Section 3.5 of the Elder Abuse
3and Neglect Act. Each licensee is responsible for maintaining
4records of completion of continuing education and shall be
5prepared to produce the records when requested by the
6Department.
7(Source: P.A. 95-639, eff. 10-5-07.)
 
8    (225 ILCS 65/65-60)   (was 225 ILCS 65/15-45)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 65-60. Continuing education. The Department shall
11adopt rules of continuing education for persons licensed under
12this Article that require 50 hours of continuing education per
132-year license renewal cycle. Completion of the 50 hours of
14continuing education shall be deemed to satisfy the continuing
15education requirements for renewal of a registered
16professional nurse license as required by this Act. The rules
17shall not be inconsistent with requirements of relevant
18national certifying bodies or State or national professional
19associations. The rules shall also address variances in part or
20in whole for good cause, including but not limited to illness
21or hardship. The continuing education rules shall assure that
22licensees are given the opportunity to participate in programs
23sponsored by or through their State or national professional
24associations, hospitals, or other providers of continuing
25education. Beginning January 1, 2016, persons licensed under

 

 

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1this Article are required to complete an additional one hour of
2continuing education consisting of the course or training
3program regarding the identification and reporting of elder
4abuse and neglect established by the Department on Aging
5pursuant to subsection (2) of Section 3.5 of the Elder Abuse
6and Neglect Act. Each licensee is responsible for maintaining
7records of completion of continuing education and shall be
8prepared to produce the records when requested by the
9Department.
10(Source: P.A. 95-639, eff. 10-5-07.)
 
11    Section 25. The Illinois Optometric Practice Act of 1987 is
12amended by changing Sections 14 and 16 as follows:
 
13    (225 ILCS 80/14)  (from Ch. 111, par. 3914)
14    (Section scheduled to be repealed on January 1, 2017)
15    Sec. 14. A person shall be qualified for initial licensure
16as an optometrist if that person has applied in writing in form
17and substance satisfactory to the Department and who:
18    (1) has not been convicted of any of the provisions of
19Section 24 of this Act which would be grounds for discipline
20under this Act;
21    (2) has graduated, after January 1, 1994, from a program of
22optometry education approved by the Department or has
23graduated, prior to January 1, 1994, and has met substantially
24equivalent criteria established by the Department;

 

 

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1    (3) (blank); and
2    (3.5) beginning January 1, 2016, has successfully
3completed a course or training program regarding the
4identification and reporting of elder abuse and neglect
5established by the Department on Aging pursuant to subsection
6(2) of Section 3.5 of the Elder Abuse and Neglect Act; and
7    (4) has met all examination requirements including the
8passage of a nationally recognized examination authorized by
9the Department. Each applicant shall be tested on theoretical
10knowledge and clinical practice skills.
11(Source: P.A. 94-787, eff. 5-19-06.)
 
12    (225 ILCS 80/16)  (from Ch. 111, par. 3916)
13    (Section scheduled to be repealed on January 1, 2017)
14    Sec. 16. Renewal, reinstatement or restoration of
15licenses; military service. The expiration date and renewal
16period for each license issued under this Act shall be set by
17rule.
18    All renewal applicants shall provide proof of having met
19the requirements of continuing education set forth in the rules
20of the Department. The rules establishing minimum requirements
21for continuing education shall provide that, beginning January
221, 2016, a holder of a license under this Act is required to
23complete an additional one hour of continuing education
24consisting of the course or training program regarding the
25identification and reporting of elder abuse and neglect

 

 

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1established by the Department on Aging pursuant to subsection
2(2) of Section 3.5 of the Elder Abuse and Neglect Act. The
3Department shall, by rule, provide for an orderly process for
4the reinstatement of licenses which have not been renewed due
5to failure to meet the continuing education requirements. The
6continuing education requirement may be waived for such good
7cause, including but not limited to illness or hardship, as
8defined by rules of the Department.
9    The Department shall establish by rule a means for the
10verification of completion of the continuing education
11required by this Section. This verification may be accomplished
12through audits of records maintained by registrants; by
13requiring the filing of continuing education certificates with
14the Department; or by other means established by the
15Department.
16    Any licensee seeking renewal of his or her license during
17the renewal cycle beginning April 1, 2008 must first complete a
18tested educational course in the use of oral pharmaceutical
19agents for the management of ocular conditions, as approved by
20the Board.
21    Any optometrist who has permitted his or her license to
22expire or who has had his or her license on inactive status may
23have his or her license restored by making application to the
24Department and filing proof acceptable to the Department of his
25or her fitness to have his or her license restored and by
26paying the required fees. Such proof of fitness may include

 

 

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1evidence certifying to active lawful practice in another
2jurisdiction and must include proof of the completion of the
3continuing education requirements specified in the rules for
4the preceding license renewal period that has been completed
5during the 2 years prior to the application for license
6restoration.
7    The Department shall determine, by an evaluation program
8established by rule, his or her fitness for restoration of his
9or her license and shall establish procedures and requirements
10for such restoration.
11    However, any optometrist whose license expired while he or
12she was (1) in Federal Service on active duty with the Armed
13Forces of the United States, or the State Militia called into
14service or training, or (2) in training or education under the
15supervision of the United States preliminary to induction into
16the military service, may have his or her license restored
17without paying any lapsed renewal fees if within 2 years after
18honorable termination of such service, training, or education,
19he or she furnishes the Department with satisfactory evidence
20to the effect that he or she has been so engaged and that his or
21her service, training, or education has been so terminated.
22    All licenses without "Therapeutic Certification" on March
2331, 2006 shall be placed on non-renewed status and may only be
24renewed after the licensee meets those requirements
25established by the Department that may not be waived. All
26licensees on March 31, 2010 without a certification of

 

 

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1completion of an oral pharmaceutical course as required by this
2Section shall be placed on non-renewed status and may only be
3renewed after the licensee meets those requirements
4established by the Department that may not be waived.
5(Source: P.A. 95-242, eff. 1-1-08; 96-270, eff. 1-1-10.)
 
6    Section 30. The Podiatric Medical Practice Act of 1987 is
7amended by changing Sections 10 and 14 as follows:
 
8    (225 ILCS 100/10)  (from Ch. 111, par. 4810)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 10. Qualifications for licensure. A person shall be
11qualified for licensure as a podiatric physician:
12        (A) who has applied for licensure on forms prepared and
13    furnished by the Department;
14        (B) who is at least 21 years of age;
15        (C) who has not engaged in or is not engaged in any
16    practice or conduct that constitutes grounds for
17    discipline under this Act, including without limitation
18    grounds set forth in Section 24 of this Act, or rules
19    adopted under this Act;
20        (D) who is a graduate of an approved college of
21    podiatric medicine and has attained the academic degree of
22    doctor of podiatric medicine (D.P.M.);
23        (E) who has successfully completed an examination
24    authorized by the Department; and

 

 

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1        (E-5) beginning January 1, 2016, who has successfully
2    completed a course or training program regarding the
3    identification and reporting of elder abuse and neglect
4    established by the Department on Aging pursuant to
5    subsection (2) of Section 3.5 of the Elder Abuse and
6    Neglect Act; and
7        (F) who has successfully completed a minimum of one
8    year postgraduate training as defined in Section 5 of this
9    Act. The postgraduate training requirement shall be
10    effective July 1, 1992.
11(Source: P.A. 95-235, eff. 8-17-07.)
 
12    (225 ILCS 100/14)  (from Ch. 111, par. 4814)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 14. Continuing education requirement. Podiatric
15physicians licensed to practice in Illinois shall, as a
16requirement for renewal of license, complete continuing
17education at the rate of at least 50 hours per year. Such hours
18shall be earned (1) from courses offered by sponsors validated
19by the Illinois Podiatric Medical Association Continuing
20Education Committee and approved by the Podiatric Medical
21Licensing Board; or (2) by continuing education activities as
22defined in the rules of the Department. The rules establishing
23minimum requirements for continuing education shall provide
24that, beginning January 1, 2016, a holder of a license under
25this Act is required to complete an additional one hour of

 

 

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1continuing education consisting of the course or training
2program regarding the identification and reporting of elder
3abuse and neglect established by the Department on Aging
4pursuant to subsection (2) of Section 3.5 of the Elder Abuse
5and Neglect Act. Podiatric physicians shall, at the request of
6the Department, provide proof of having met the requirements of
7continuing education under this Section. The Department shall
8by rule provide an orderly process for the reinstatement of
9licenses which have not been renewed due to the licensee's
10failure to meet requirements of this Section. The requirements
11of continuing education may be waived by the Secretary, upon
12recommendation by the Board, in whole or in part for such good
13cause, including but not limited to illness or hardship, as
14defined by the rules of the Department.
15    The Department shall establish by rule a means for the
16verification of completion of the continuing education
17required by this Section. This verification may be accomplished
18through audits of records maintained by registrants; by
19requiring the filing of continuing education certificates with
20the Department; or by other means established by the
21Department.
22(Source: P.A. 95-235, eff. 8-17-07.)
 
23    Section 35. The Elder Abuse and Neglect Act is amended by
24changing Section 3.5 as follows:
 

 

 

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1    (320 ILCS 20/3.5)
2    Sec. 3.5. Other Responsibilities.
3    (1) The Department shall also be responsible for the
4following activities, contingent upon adequate funding:
5        (a) promotion of a wide range of endeavors for the
6    purpose of preventing elder abuse, neglect, financial
7    exploitation, and self-neglect in both domestic and
8    institutional settings, including, but not limited to,
9    promotion of public and professional education to increase
10    awareness of elder abuse, neglect, financial exploitation,
11    and self-neglect, to increase reports, and to improve
12    response by various legal, financial, social, and health
13    systems;
14        (b) coordination of efforts with other agencies,
15    councils, and like entities, to include but not be limited
16    to, the Office of the Attorney General, the State Police,
17    the Illinois Law Enforcement Training Standards Board, the
18    State Triad, the Illinois Criminal Justice Information
19    Authority, the Departments of Public Health, Public Aid,
20    and Human Services, the Family Violence Coordinating
21    Council, the Illinois Violence Prevention Authority, and
22    other entities which may impact awareness of, and response
23    to, elder abuse, neglect, financial exploitation, and
24    self-neglect;
25        (c) collection and analysis of data;
26        (d) monitoring of the performance of regional

 

 

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1    administrative agencies and elder abuse provider agencies;
2        (e) promotion of prevention activities;
3        (f) establishing and coordinating an aggressive
4    training program on the unique nature of elder abuse cases
5    with other agencies, councils, and like entities, to
6    include but not be limited to the Office of the Attorney
7    General, the State Police, the Illinois Law Enforcement
8    Training Standards Board, the State Triad, the Illinois
9    Criminal Justice Information Authority, the State
10    Departments of Public Health, Public Aid, and Human
11    Services, the Family Violence Coordinating Council, the
12    Illinois Violence Prevention Authority, and other entities
13    that may impact awareness of and response to elder abuse,
14    neglect, financial exploitation, and self-neglect;
15        (g) solicitation of financial institutions for the
16    purpose of making information available to the general
17    public warning of financial exploitation of the elderly and
18    related financial fraud or abuse, including such
19    information and warnings available through signage or
20    other written materials provided by the Department on the
21    premises of such financial institutions, provided that the
22    manner of displaying or distributing such information is
23    subject to the sole discretion of each financial
24    institution;
25        (g-1) developing by joint rulemaking with the
26    Department of Financial and Professional Regulation

 

 

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1    minimum training standards which shall be used by financial
2    institutions for their current and new employees with
3    direct customer contact; the Department of Financial and
4    Professional Regulation shall retain sole visitation and
5    enforcement authority under this subsection (g-1); the
6    Department of Financial and Professional Regulation shall
7    provide bi-annual reports to the Department setting forth
8    aggregate statistics on the training programs required
9    under this subsection (g-1); and
10        (h) coordinating efforts with utility and electric
11    companies to send notices in utility bills to explain to
12    persons 60 years of age or older their rights regarding
13    telemarketing and home repair fraud.
14    (2) The Department shall also establish and implement a
15one-hour course or training program regarding the
16identification and reporting of elder abuse and neglect by
17health care professionals.
18(Source: P.A. 96-1103, eff. 7-19-10.)