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Full Text of SB1305  97th General Assembly

SB1305sam002 97TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1305

2    AMENDMENT NO. ______. Amend Senate Bill 1305 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nurse Practice Act is amended by adding
5Article 80 as follows:
 
6    (225 ILCS 65/Art. 80 heading new)
7
ARTICLE 80. NURSE LICENSURE COMPACT

 
8    (225 ILCS 65/80-5 new)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 80-5. Nurse Licensure Compact. The State of Illinois
11ratifies and approves the Nurse Licensure Compact and enters
12into it with all other jurisdictions that legally join in the
13compact. The General Assembly finds that no amendment by the
14General Assembly to the provisions of the Compact contained in
15this Act shall become effective and binding upon the Compact

 

 

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1and the Compact party states unless and until the Nurse
2Licensure Compact Administrators (NLCA) enact the amendment to
3the Articles of Organization of the NCLA. The Nurse Licensure
4Compact is, in form, substantially as follows:
 
5
PART I.
6
Findings and Declaration of Purpose

 
7    (a) The party states find that:
8        (1) the health and safety of the public are affected by
9    the degree of compliance with and the effectiveness of
10    enforcement activities related to state nurse licensure
11    laws;
12        (2) violations of nurse licensure and other laws
13    regulating the practice of nursing may result in injury or
14    harm to the public;
15        (3) the expanded mobility of nurses and the use of
16    advanced communication technologies as part of our
17    nation's healthcare delivery system require greater
18    coordination and cooperation among states in the areas of
19    nurse licensure and regulation;
20        (4) new practice modalities and technology make
21    compliance with individual state nurse licensure laws
22    difficult and complex; and
23        (5) the current system of duplicative licensure for
24    nurses practicing in multiple states is cumbersome and

 

 

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1    redundant to both nurses and states.
2    (b) The general purposes of this Compact are to:
3        (1) facilitate the states' responsibility to protect
4    the public's health and safety;
5        (2) ensure and encourage the cooperation of party
6    states in the areas of nurse licensure and regulation;
7        (3) facilitate the exchange of information between
8    party states in the areas of nurse regulation,
9    investigation and adverse actions;
10        (4) promote compliance with the laws governing the
11    practice of nursing in each jurisdiction; and
12        (5) invest all party states with the authority to hold
13    a nurse accountable for meeting all state practice laws in
14    the state in which the patient is located at the time care
15    is rendered through the mutual recognition of party state
16    licenses.
 
17
PART II.
18
Definitions

 
19    As used in this Compact:
20    (a) "Adverse Action" means a home or remote state action.
21    (b) "Alternative program" means a voluntary,
22non-disciplinary monitoring program approved by a nurse
23licensing board.
24    (c) "Coordinated licensure information system" means an

 

 

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1integrated process for collecting, storing, and sharing
2information on nurse licensure and enforcement activities
3related to nurse licensure laws, which is administered by a
4non-profit organization composed of and controlled by state
5nurse licensing boards.
6    (d) "Current significant investigative information" means:
7        (1) investigative information that a licensing board,
8    after a preliminary inquiry that includes notification and
9    an opportunity for the nurse to respond if required by
10    state law, has reason to believe is not groundless and, if
11    proved true, would indicate more than a minor infraction;
12    or
13        (2) investigative information that indicates that the
14    nurse represents an immediate threat to public health and
15    safety regardless of whether the nurse has been notified
16    and had an opportunity to respond.
17    (e) "Home state" means the party state which is the nurse's
18primary state of residence.
19    (f) "Home state action" means any administrative, civil,
20equitable or criminal action permitted by the home state's laws
21which are imposed on a nurse by the home state's licensing
22board or other authority including actions against an
23individual's license such as: revocation, suspension,
24probation, or any other action which affects a nurse's
25authorization to practice.
26    (g) "Licensing board" means a party state's regulatory body

 

 

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1responsible for issuing nurse licenses.
2    (h) "Multistate licensure privilege" means current,
3official authority from a remote state permitting the practice
4of nursing as either a registered nurse or a licensed
5practical/vocational nurse in such party state. All party
6states have the authority, in accordance with existing state
7due process law, to take actions against the nurse's privilege
8such as: revocation, suspension, probation, or any other action
9which affects a nurse's authorization to practice.
10    (i) "Nurse" means a registered nurse or licensed
11practical/vocational nurse, as those terms are defined by each
12party's state practice laws.
13    (j) "Party state" means any state that has adopted this
14Compact.
15    (k) "Remote state" means a party state, other than the home
16state,
17        (1) where the patient is located at the time nursing
18    care is provided, or,
19        (2) in the case of the practice of nursing not
20    involving a patient, in such party state where the
21    recipient of nursing practice is located.
22    (l) "Remote state action" means:
23        (1) any administrative, civil, equitable, or criminal
24    action permitted by a remote state's laws which are imposed
25    on a nurse by the remote state's licensing board or other
26    authority including actions against an individual's

 

 

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1    multistate licensure privilege to practice in the remote
2    state, and
3        (2) cease and desist and other injunctive or equitable
4    orders issued by remote states or the licensing boards
5    thereof.
6    (m) "State" means a state, territory, or possession of the
7United States, the District of Columbia or the Commonwealth of
8Puerto Rico.
9    (n) "State practice laws" means those individual party's
10state laws and regulations that govern the practice of nursing,
11define the scope of nursing practice, and create the methods
12and grounds for imposing discipline. "State practice laws" does
13not include the initial qualifications for licensure or
14requirements necessary to obtain and retain a license, except
15for qualifications or requirements of the home state.
 
16
PART III.
17
General Provisions and Jurisdiction

 
18    (a) A license to practice registered nursing issued by a
19home state to a resident in that state will be recognized by
20each party state as authorizing a multistate licensure
21privilege to practice as a registered nurse in such party
22state. A license to practice licensed practical/vocational
23nursing issued by a home state to a resident in that state will
24be recognized by each party state as authorizing a multistate

 

 

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1licensure privilege to practice as a licensed
2practical/vocational nurse in such party state. In order to
3obtain or retain a license, an applicant must meet the home
4state's qualifications for licensure and license renewal as
5well as all other applicable state laws.
6    (b) Party states may, in accordance with state due process
7laws, limit or revoke the multistate licensure privilege of any
8nurse to practice in their state and may take any other actions
9under their applicable state laws necessary to protect the
10health and safety of their citizens. If a party state takes
11such action, it shall promptly notify the administrator of the
12coordinated licensure information system. The administrator of
13the coordinated licensure information system shall promptly
14notify the home state of any such actions by remote states.
15    (c) Every nurse practicing in a party state must comply
16with the state practice laws of the state in which the patient
17is located at the time care is rendered. In addition, the
18practice of nursing is not limited to patient care, but shall
19include all nursing practice as defined by the state practice
20laws of a party state. The practice of nursing will subject a
21nurse to the jurisdiction of the nurse licensing board and the
22courts, as well as the laws, in that party state.
23    (d) This Compact does not affect additional requirements
24imposed by states for advanced practice registered nursing.
25However, a multistate licensure privilege to practice
26registered nursing granted by a party state shall be recognized

 

 

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1by other party states as a license to practice registered
2nursing if one is required by state law as a precondition for
3qualifying for advanced practice registered nurse
4authorization.
5    (e) Individuals not residing in a party state shall
6continue to be able to apply for nurse licensure as provided
7for under the laws of each party state. However, the license
8granted to these individuals will not be recognized as granting
9the privilege to practice nursing in any other party state
10unless explicitly agreed to by that party state.
 
11
PART IV.
12
Applications for Licensure in a Party State

 
13    (a) Upon application for a license, the licensing board in
14a party state shall ascertain, through the coordinated
15licensure information system, whether the applicant has ever
16held, or is the holder of, a license issued by any other state,
17whether there are any restrictions on the multistate licensure
18privilege, and whether any other adverse action by any state
19has been taken against the license.
20    (b) A nurse in a party state shall hold licensure in only
21one party state at a time, issued by the home state.
22    (c) A nurse who intends to change primary state of
23residence may apply for licensure in the new home state in
24advance of such change. However, new licenses will not be

 

 

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1issued by a party state until after a nurse provides evidence
2of change in primary state of residence satisfactory to the new
3home state's licensing board.
4    (d) When a nurse changes primary state of residence by:
5        (1) moving between two party states, and obtains a
6    license from the new home state, the license from the
7    former home state is no longer valid;
8        (2) moving from a non-party state to a party state, and
9    obtains a license from the new home state, the individual
10    state license issued by the non-party state is not affected
11    and will remain in full force if so provided by the laws of
12    the non-party state;
13        (3) moving from a party state to a non-party state, the
14    license issued by the prior home state converts to an
15    individual state license, valid only in the former home
16    state, without the multistate licensure privilege to
17    practice in other party states.
 
18
PART V.
19
Adverse Actions

 
20    In addition to the General Provisions described in Article
21III, the following provisions apply:
22    (a) The licensing board of a remote state shall promptly
23report to the administrator of the coordinated licensure
24information system any remote state actions including the

 

 

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1factual and legal basis for such action, if known. The
2licensing board of a remote state shall also promptly report
3any significant current investigative information yet to
4result in a remote state action. The administrator of the
5coordinated licensure information system shall promptly notify
6the home state of any such reports.
7    (b) The licensing board of a party state shall have the
8authority to complete any pending investigations for a nurse
9who changes primary state of residence during the course of
10such investigations. It shall also have the authority to take
11appropriate action(s), and shall promptly report the
12conclusions of such investigations to the administrator of the
13coordinated licensure information system. The administrator of
14the coordinated licensure information system shall promptly
15notify the new home state of any such actions.
16    (c) A remote state may take adverse action affecting the
17multistate licensure privilege to practice within that party
18state. However, only the home state shall have the power to
19impose adverse action against the license issued by the home
20state.
21    (d) For purposes of imposing adverse action, the licensing
22board of the home state shall give the same priority and effect
23to reported conduct received from a remote state as it would if
24such conduct had occurred within the home state. In so doing,
25it shall apply its own state laws to determine appropriate
26action.

 

 

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1    (e) The home state may take adverse action based on the
2factual findings of the remote state, so long as each state
3follows its own procedures for imposing such adverse action.
4    (f) Nothing in this Compact shall override a party state's
5decision that participation in an alternative program may be
6used in lieu of licensure action and that such participation
7shall remain non-public if required by the party state's laws.
8Party states must require nurses who enter any alternative
9programs to agree not to practice in any other party state
10during the term of the alternative program without prior
11authorization from such other party state.
 
12
PART VI.
13
Additional Authorities Invested
14
in Party State Nurse Licensing Boards

 
15    Notwithstanding any other powers, party state nurse
16licensing boards shall have the authority to:
17    (a) if otherwise permitted by state law, recover from the
18affected nurse the costs of investigations and disposition of
19cases resulting from any adverse action taken against that
20nurse;
21    (b) issue subpoenas for both hearings and investigations
22which require the attendance and testimony of witnesses and the
23production of evidence. Subpoenas issued by a nurse licensing
24board in a party state for the attendance and testimony of

 

 

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1witnesses or the production of evidence from another party
2state, shall be enforced in the latter state by any court of
3competent jurisdiction, according to the practice and
4procedure of that court applicable to subpoenas issued in
5proceedings pending before it. The issuing authority shall pay
6any witness fees, travel expenses, mileage, and other fees
7required by the service statutes of the state where the
8witnesses and/or evidence are located;
9     (c) issue cease and desist orders to limit or revoke a
10nurse's authority to practice in their state; or
11    (d) adopt uniform rules and regulations as provided for in
12Article VIII(c).
 
13
PART VII.
14
Coordinated Licensure Information System

 
15    (a) All party states shall participate in a cooperative
16effort to create a coordinated data base of all licensed
17registered nurses and licensed practical/vocational nurses.
18This system will include information on the licensure and
19disciplinary history of each nurse, as contributed by party
20states, to assist in the coordination of nurse licensure and
21enforcement efforts.
22    (b) Notwithstanding any other provision of law, all party
23states' licensing boards shall promptly report adverse
24actions, actions against multistate licensure privileges, any

 

 

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1current significant investigative information yet to result in
2adverse action, denials of applications, and the reasons for
3such denials, to the coordinated licensure information system.
4    (c) Current significant investigative information shall be
5transmitted through the coordinated licensure information
6system only to party state licensing boards.
7    (d) Notwithstanding any other provision of law, all party
8states' licensing boards contributing information to the
9coordinated licensure information system may designate
10information that may not be shared with non-party states or
11disclosed to other entities or individuals without the express
12permission of the contributing state.
13    (e) Any personally identifiable information obtained by a
14party states' licensing board from the coordinated licensure
15information system may not be shared with non-party states or
16disclosed to other entities or individuals except to the extent
17permitted by the laws of the party state contributing the
18information.
19    (f) Any information contributed to the coordinated
20licensure information system that is subsequently required to
21be expunged by the laws of the party state contributing that
22information, shall also be expunged from the coordinated
23licensure information system.
24    (g) The Compact administrators, acting jointly with each
25other and in consultation with the administrator of the
26coordinated licensure information system, shall formulate

 

 

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1necessary and proper procedures for the identification,
2collection, and exchange of information under this Compact.
 
3
PART VIII.
4
Compact Administration and
5
Interchange of Information

 
6    (a) The head of the nurse licensing board, or his or her
7designee, of each party state shall be the administrator of
8this Compact for his or her state.
9    (b) The Compact administrator of each party state shall
10furnish to the Compact administrator of each other party state
11any information and documents including, but not limited to, a
12uniform data set of investigations, identifying information,
13licensure data, and disclosable alternative program
14participation information to facilitate the administration of
15this Compact.
16    (c) Compact administrators shall have the authority to
17develop uniform rules to facilitate and coordinate
18implementation of this Compact. These uniform rules shall be
19adopted by party states, under the authority invested under
20Article VI(d).
 
21
PART IX.
22
Immunity

 

 

 

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1    No party state or the officers or employees or agents of a
2party state's nurse licensing board who acts in accordance with
3the provisions of this Compact shall be liable on account of
4any act or omission in good faith while engaged in the
5performance of their duties under this Compact. Good faith in
6this article shall not include willful misconduct, gross
7negligence, or recklessness.
 
8
PART X.
9
Entry into Force, Withdrawal and Amendment

 
10    (a) This Compact shall enter into force and become
11effective as to any state when it has been enacted into the
12laws of that state. Any party state may withdraw from this
13Compact by enacting a statute repealing the same, but no such
14withdrawal shall take effect until six months after the
15withdrawing state has given notice of the withdrawal to the
16executive heads of all other party states.
17    (b) No withdrawal shall affect the validity or
18applicability by the licensing boards of states remaining party
19to the Compact of any report of adverse action occurring prior
20to the withdrawal.
21    (c) Nothing contained in this Compact shall be construed to
22invalidate or prevent any nurse licensure agreement or other
23cooperative arrangement between a party state and a non-party
24state that is made in accordance with the other provisions of

 

 

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1this Compact.
2    (d) This Compact may be amended by the party states. No
3amendment to this Compact shall become effective and binding
4upon the party states unless and until it is enacted into the
5laws of all party states.
 
6
PART XI.
7
Construction and Severability

 
8    (a) This Compact shall be liberally construed so as to
9effectuate the purposes thereof. The provisions of this Compact
10shall be severable and if any phrase, clause, sentence, or
11provision of this Compact is declared to be contrary to the
12constitution of any party state or of the United States or the
13applicability thereof to any government, agency, person, or
14circumstance is held invalid, the validity of the remainder of
15this Compact and the applicability thereof to any government,
16agency, person, or circumstance shall not be affected thereby.
17If this Compact shall be held contrary to the constitution of
18any state party thereto, the Compact shall remain in full force
19and effect as to the remaining party states and in full force
20and effect as to the party state affected as to all severable
21matters.
22    (b) In the event party states find a need for settling
23disputes arising under this Compact:
24        (1) The party states may submit the issues in dispute

 

 

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1    to an arbitration panel which will be comprised of an
2    individual appointed by the Compact administrator in the
3    home state; an individual appointed by the Compact
4    administrator in the remote state(s) involved; and an
5    individual mutually agreed upon by the Compact
6    administrators of all the party states involved in the
7    dispute.
8        (2) The decision of a majority of the arbitrators shall
9    be final and binding.
 
10    (225 ILCS 65/80-10 new)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 80-10. Costs of investigation and disposition of
13cases. To facilitate cross-state enforcement efforts, the
14General Assembly finds that it is necessary for Illinois to
15have the power to recover from the affected nurse the costs of
16investigations and disposition of cases resulting from adverse
17actions taken by this State against that nurse.
 
18    (225 ILCS 65/80-15 new)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 80-15. Statutory obligations. This Compact is
21designed to facilitate the regulation of nurses and does not
22relieve employers from complying with statutorily imposed
23obligations.
 

 

 

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1    (225 ILCS 65/80-20 new)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 80-20. State labor laws. This Compact does not
4supersede existing State labor laws.
 
5    Section 90. The Nurse Practice Act is amended by changing
6Sections 50-10, 50-15, 55-10, and 60-10 as follows:
 
7    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 50-10. Definitions. Each of the following terms, when
10used in this Act, shall have the meaning ascribed to it in this
11Section, except where the context clearly indicates otherwise:
12    "Academic year" means the customary annual schedule of
13courses at a college, university, or approved school,
14customarily regarded as the school year as distinguished from
15the calendar year.
16    "Advanced practice nurse" or "APN" means a person who has
17met the qualifications for a (i) certified nurse midwife (CNM);
18(ii) certified nurse practitioner (CNP); (iii) certified
19registered nurse anesthetist (CRNA); or (iv) clinical nurse
20specialist (CNS) and has been licensed by the Department. All
21advanced practice nurses licensed and practicing in the State
22of Illinois shall use the title APN and may use speciality
23credentials after their name.
24    "Approved program of professional nursing education" and

 

 

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1"approved program of practical nursing education" are programs
2of professional or practical nursing, respectively, approved
3by the Department under the provisions of this Act.
4    "Board" means the Board of Nursing appointed by the
5Secretary.
6    "Collaboration" means a process involving 2 or more health
7care professionals working together, each contributing one's
8respective area of expertise to provide more comprehensive
9patient care.
10    "Consultation" means the process whereby an advanced
11practice nurse seeks the advice or opinion of another health
12care professional.
13    "Credentialed" means the process of assessing and
14validating the qualifications of a health care professional.
15    "Current nursing practice update course" means a planned
16nursing education curriculum approved by the Department
17consisting of activities that have educational objectives,
18instructional methods, content or subject matter, clinical
19practice, and evaluation methods, related to basic review and
20updating content and specifically planned for those nurses
21previously licensed in the United States or its territories and
22preparing for reentry into nursing practice.
23    "Dentist" means a person licensed to practice dentistry
24under the Illinois Dental Practice Act.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    "Impaired nurse" means a nurse licensed under this Act who
2is unable to practice with reasonable skill and safety because
3of a physical or mental disability as evidenced by a written
4determination or written consent based on clinical evidence,
5including loss of motor skills, abuse of drugs or alcohol, or a
6psychiatric disorder, of sufficient degree to diminish his or
7her ability to deliver competent patient care.
8    "License" or "licensed" means the permission granted a
9person to practice nursing under this Act, including the
10privilege to practice.
11    "Licensee" means a person who has been issued a license to
12practice nursing in this State or who holds the privilege to
13practice nursing in this State.
14    "License-pending advanced practice nurse" means a
15registered professional nurse who has completed all
16requirements for licensure as an advanced practice nurse except
17the certification examination and has applied to take the next
18available certification exam and received a temporary license
19from the Department.
20    "License-pending registered nurse" means a person who has
21passed the Department-approved registered nurse licensure exam
22and has applied for a license from the Department. A
23license-pending registered nurse shall use the title "RN lic
24pend" on all documentation related to nursing practice.
25    "Physician" means a person licensed to practice medicine in
26all its branches under the Medical Practice Act of 1987.

 

 

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1    "Podiatrist" means a person licensed to practice podiatry
2under the Podiatric Medical Practice Act of 1987.
3    "Practical nurse" or "licensed practical nurse" means a
4person who is licensed as a practical nurse under this Act or
5holds the privilege to practice under this Act and practices
6practical nursing as defined in this Act. Only a practical
7nurse licensed or granted the privilege to practice under this
8Act is entitled to use the title "licensed practical nurse" and
9the abbreviation "L.P.N.".
10    "Practical nursing" means the performance of nursing acts
11requiring the basic nursing knowledge, judgement, and skill
12acquired by means of completion of an approved practical
13nursing education program. Practical nursing includes
14assisting in the nursing process as delegated by a registered
15professional nurse or an advanced practice nurse. The practical
16nurse may work under the direction of a licensed physician,
17dentist, podiatrist, or other health care professional
18determined by the Department.
19    "Privileged" means the authorization granted by the
20governing body of a healthcare facility, agency, or
21organization to provide specific patient care services within
22well-defined limits, based on qualifications reviewed in the
23credentialing process.
24    "Privilege to practice" means the authorization to
25practice as a practical nurse or a registered nurse in this
26State under Article 80 of this Act.

 

 

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1    "Registered Nurse" or "Registered Professional Nurse"
2means a person who is licensed as a professional nurse under
3this Act or holds the privilege to practice under this Act and
4practices nursing as defined in this Act. Only a registered
5nurse licensed or granted the privilege to practice under this
6Act is entitled to use the titles "registered nurse" and
7"registered professional nurse" and the abbreviation, "R.N.".
8    "Registered professional nursing practice" is a scientific
9process founded on a professional body of knowledge; it is a
10learned profession based on the understanding of the human
11condition across the life span and environment and includes all
12nursing specialities and means the performance of any nursing
13act based upon professional knowledge, judgment, and skills
14acquired by means of completion of an approved professional
15nursing education program. A registered professional nurse
16provides holistic nursing care through the nursing process to
17individuals, groups, families, or communities, that includes
18but is not limited to: (1) the assessment of healthcare needs,
19nursing diagnosis, planning, implementation, and nursing
20evaluation; (2) the promotion, maintenance, and restoration of
21health; (3) counseling, patient education, health education,
22and patient advocacy; (4) the administration of medications and
23treatments as prescribed by a physician licensed to practice
24medicine in all of its branches, a licensed dentist, a licensed
25podiatrist, or a licensed optometrist or as prescribed by a
26physician assistant in accordance with written guidelines

 

 

09700SB1305sam002- 23 -LRB097 08927 CEL 53916 a

1required under the Physician Assistant Practice Act of 1987 or
2by an advanced practice nurse in accordance with Article 65 of
3this Act; (5) the coordination and management of the nursing
4plan of care; (6) the delegation to and supervision of
5individuals who assist the registered professional nurse
6implementing the plan of care; and (7) teaching nursing
7students. The foregoing shall not be deemed to include those
8acts of medical diagnosis or prescription of therapeutic or
9corrective measures.
10    "Professional assistance program for nurses" means a
11professional assistance program that meets criteria
12established by the Board of Nursing and approved by the
13Secretary, which provides a non-disciplinary treatment
14approach for nurses licensed under this Act whose ability to
15practice is compromised by alcohol or chemical substance
16addiction.
17    "Secretary" means the Secretary of Financial and
18Professional Regulation.
19    "Unencumbered license" means a license issued in good
20standing.
21    "Written collaborative agreement" means a written
22agreement between an advanced practice nurse and a
23collaborating physician, dentist, or podiatrist pursuant to
24Section 65-35.
25(Source: P.A. 95-639, eff. 10-5-07.)
 

 

 

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1    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 50-15. Policy; application of Act.
4    (a) For the protection of life and the promotion of health,
5and the prevention of illness and communicable diseases, any
6person practicing or offering to practice advanced,
7professional, or practical nursing in Illinois shall submit
8evidence that he or she is qualified to practice, and shall be
9licensed or hold the privilege to practice as provided under
10this Act. No person shall practice or offer to practice
11advanced, professional, or practical nursing in Illinois or use
12any title, sign, card or device to indicate that such a person
13is practicing professional or practical nursing unless such
14person has been licensed or holds the privilege to practice
15under the provisions of this Act.
16    (b) This Act does not prohibit the following:
17        (1) The practice of nursing in Federal employment in
18    the discharge of the employee's duties by a person who is
19    employed by the United States government or any bureau,
20    division or agency thereof and is a legally qualified and
21    licensed nurse of another state or territory and not in
22    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
23    this Act.
24        (2) Nursing that is included in the program of study by
25    students enrolled in programs of nursing or in current
26    nurse practice update courses approved by the Department.

 

 

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1        (3) The furnishing of nursing assistance in an
2    emergency.
3        (4) The practice of nursing by a nurse who holds an
4    active license in another state when providing services to
5    patients in Illinois during a bonafide emergency or in
6    immediate preparation for or during interstate transit.
7        (5) The incidental care of the sick by members of the
8    family, domestic servants or housekeepers, or care of the
9    sick where treatment is by prayer or spiritual means.
10        (6) Persons from being employed as unlicensed
11    assistive personnel in private homes, long term care
12    facilities, nurseries, hospitals or other institutions.
13        (7) The practice of practical nursing by one who is a
14    licensed practical nurse under the laws of another U.S.
15    jurisdiction and has applied in writing to the Department,
16    in form and substance satisfactory to the Department, for a
17    license as a licensed practical nurse and who is qualified
18    to receive such license under this Act, until (i) the
19    expiration of 6 months after the filing of such written
20    application, (ii) the withdrawal of such application, or
21    (iii) the denial of such application by the Department.
22        (8) The practice of advanced practice nursing by one
23    who is an advanced practice nurse under the laws of another
24    state, territory of the United States, or country and has
25    applied in writing to the Department, in form and substance
26    satisfactory to the Department, for a license as an

 

 

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1    advanced practice nurse and who is qualified to receive
2    such license under this Act, until (i) the expiration of 6
3    months after the filing of such written application, (ii)
4    the withdrawal of such application, or (iii) the denial of
5    such application by the Department.
6        (9) The practice of professional nursing by one who is
7    a registered professional nurse under the laws of another
8    state, territory of the United States or country and has
9    applied in writing to the Department, in form and substance
10    satisfactory to the Department, for a license as a
11    registered professional nurse and who is qualified to
12    receive such license under Section 55-10, until (1) the
13    expiration of 6 months after the filing of such written
14    application, (2) the withdrawal of such application, or (3)
15    the denial of such application by the Department.
16        (10) The practice of professional nursing that is
17    included in a program of study by one who is a registered
18    professional nurse under the laws of another state or
19    territory of the United States or foreign country,
20    territory or province and who is enrolled in a graduate
21    nursing education program or a program for the completion
22    of a baccalaureate nursing degree in this State, which
23    includes clinical supervision by faculty as determined by
24    the educational institution offering the program and the
25    health care organization where the practice of nursing
26    occurs.

 

 

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1        (11) Any person licensed in this State under any other
2    Act from engaging in the practice for which she or he is
3    licensed.
4        (12) Delegation to authorized direct care staff
5    trained under Section 15.4 of the Mental Health and
6    Developmental Disabilities Administrative Act consistent
7    with the policies of the Department.
8        (13) The practice, services, or activities of persons
9    practicing the specified occupations set forth in
10    subsection (a) of, and pursuant to a licensing exemption
11    granted in subsection (b) or (d) of, Section 2105-350 of
12    the Department of Professional Regulation Law of the Civil
13    Administrative Code of Illinois, but only for so long as
14    the 2016 Olympic and Paralympic Games Professional
15    Licensure Exemption Law is operable.
16        (14) County correctional personnel from delivering
17    prepackaged medication for self-administration to an
18    individual detainee in a correctional facility.
19    Nothing in this Act shall be construed to limit the
20delegation of tasks or duties by a physician, dentist, or
21podiatrist to a licensed practical nurse, a registered
22professional nurse, or other persons.
23(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
24eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
25    (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)

 

 

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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 55-10. Qualifications for LPN licensure.
3    (a) Each applicant who successfully meets the requirements
4of this Section shall be entitled to licensure as a Licensed
5Practical Nurse.
6    (b) An applicant for licensure by examination to practice
7as a practical nurse must do each of the following:
8        (1) Submit a completed written application, on forms
9    provided by the Department and fees as established by the
10    Department.
11        (2) Have graduated from a practical nursing education
12    program approved by the Department or have been granted a
13    certificate of completion of pre-licensure requirements
14    from another United States jurisdiction.
15        (3) Successfully complete a licensure examination
16    approved by the Department.
17        (4) Have not violated the provisions of this Act
18    concerning the grounds for disciplinary action. The
19    Department may take into consideration any felony
20    conviction of the applicant, but such a conviction shall
21    not operate as an absolute bar to licensure.
22        (5) Submit to the criminal history records check
23    required under Section 50-35 of this Act.
24        (6) Submit either to the Department or its designated
25    testing service, a fee covering the cost of providing the
26    examination. Failure to appear for the examination on the

 

 

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

 

 

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1one year from the date of notification of successful completion
2of the examination to apply to the Department for a license. If
3an applicant fails to apply within one year, the applicant
4shall be required to retake and pass the examination unless
5licensed in another jurisdiction of the United States.
6    (d) A licensed practical nurse applicant who passes the
7Department-approved licensure examination and has applied to
8the Department for licensure may obtain employment as a
9license-pending practical nurse and practice as delegated by a
10registered professional nurse or an advanced practice nurse or
11physician. An individual may be employed as a license-pending
12practical nurse if all of the following criteria are met:
13        (1) He or she has completed and passed the
14    Department-approved licensure exam and presents to the
15    employer the official written notification indicating
16    successful passage of the licensure examination.
17        (2) He or she has completed and submitted to the
18    Department an application for licensure under this Section
19    as a practical nurse.
20        (3) He or she has submitted the required licensure fee.
21        (4) He or she has met all other requirements
22    established by rule, including having submitted to a
23    criminal history records check.
24    (e) The privilege to practice as a license-pending
25practical nurse shall terminate with the occurrence of any of
26the following:

 

 

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1        (1) Three months have passed since the official date of
2    passing the licensure exam as inscribed on the formal
3    written notification indicating passage of the exam. This
4    3-month period may be extended as determined by rule.
5        (2) Receipt of the practical nurse license from the
6    Department.
7        (3) Notification from the Department that the
8    application for licensure has been denied.
9        (4) A request by the Department that the individual
10    terminate practicing as a license-pending practical nurse
11    until an official decision is made by the Department to
12    grant or deny a practical nurse license.
13    (f) An applicant for licensure by endorsement who is a
14licensed practical nurse licensed by examination under the laws
15of another state or territory of the United States or a foreign
16country, jurisdiction, territory, or province must do each of
17the following:
18        (1) Submit a completed written application, on forms
19    supplied by the Department, and fees as established by the
20    Department.
21        (2) Have graduated from a practical nursing education
22    program approved by the Department.
23        (3) Submit verification of licensure status directly
24    from the United States jurisdiction of licensure, if
25    applicable, as defined by rule.
26        (4) Submit to the criminal history records check

 

 

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1    required under Section 50-35 of this Act.
2        (5) Meet all other requirements as established by the
3    Department by rule.
4    (g) All applicants for practical nurse licensure by
5examination or endorsement who are graduates of nursing
6educational programs in a country other than the United States
7or its territories shall have their nursing education
8credentials evaluated by a Department-approved nursing
9credentialing evaluation service. No such applicant may be
10issued a license under this Act unless the applicant's program
11is deemed by the nursing credentialing evaluation service to be
12equivalent to a professional nursing education program
13approved by the Department. An applicant who has graduated from
14a nursing educational program outside of the United States or
15its territories and whose first language is not English shall
16submit certification of passage of the Test of English as a
17Foreign Language (TOEFL), as defined by rule. The Department
18may, upon recommendation from the nursing evaluation service,
19waive the requirement that the applicant pass the TOEFL
20examination if the applicant submits verification of the
21successful completion of a nursing education program conducted
22in English. The requirements of this subsection (d) may be
23satisfied by the showing of proof of a certificate from the
24Certificate Program or the VisaScreen Program of the Commission
25on Graduates of Foreign Nursing Schools.
26    (h) An applicant licensed in another state or territory who

 

 

09700SB1305sam002- 33 -LRB097 08927 CEL 53916 a

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

 

 

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

 

 

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

 

 

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1    action under this Act.
2        (3) That the Department intends to deny licensure by
3    endorsement.
4    (l) A temporary license shall expire 6 months from the date
5of issuance. Further renewal may be granted by the Department
6in hardship cases, as defined by rule and upon approval of the
7Secretary. However, a temporary license shall automatically
8expire upon issuance of a valid license under this Act or upon
9notification that the Department intends to deny licensure,
10whichever occurs first.
11    (m) All applicants for practical nurse licensure have 3
12years from the date of application to complete the application
13process. If the process has not been completed within 3 years
14from the date of application, the application shall be denied,
15the fee forfeited, and the applicant must reapply and meet the
16requirements in effect at the time of reapplication.
17    (n) A practical nurse licensed by a party state under the
18Nurse Licensure Compact under Article 80 of this Act is granted
19the privilege to practice practical nursing in this State.
20(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
2195-639, eff. 10-5-07.)
 
22    (225 ILCS 65/60-10)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 60-10. Qualifications for RN licensure.
25    (a) Each applicant who successfully meets the requirements

 

 

09700SB1305sam002- 37 -LRB097 08927 CEL 53916 a

1of this Section shall be entitled to licensure as a registered
2professional nurse.
3    (b) An applicant for licensure by examination to practice
4as a registered professional nurse must do each of the
5following:
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 professional nursing
10    education program approved by the Department or have been
11    granted a certificate of completion of pre-licensure
12    requirements from another United States jurisdiction.
13        (3) Successfully complete a licensure examination
14    approved by the Department.
15        (4) Have not violated the provisions of this Act
16    concerning the grounds for disciplinary action. The
17    Department may take into consideration any felony
18    conviction of the applicant, but such a conviction may not
19    operate as an absolute bar to licensure.
20        (5) Submit to the criminal history records check
21    required under Section 50-35 of this Act.
22        (6) Submit, either to the Department or its designated
23    testing service, a fee covering the cost of providing the
24    examination. Failure to appear for the examination on the
25    scheduled date at the time and place specified after the
26    applicant's application for examination has been received

 

 

09700SB1305sam002- 38 -LRB097 08927 CEL 53916 a

1    and acknowledged by the Department or the designated
2    testing service shall result in the forfeiture of the
3    examination fee.
4        (7) Meet all other requirements established by the
5    Department by rule. An applicant for licensure by
6    examination may take the Department-approved examination
7    in another jurisdiction.
8    (b-5) If an applicant for licensure by examination
9neglects, fails, or refuses to take an examination or fails to
10pass an examination for a license within 3 years after filing
11the application, the application shall be denied. The applicant
12may make a new application accompanied by the required fee,
13evidence of meeting the requirements in force at the time of
14the new application, and proof of the successful completion of
15at least 2 additional years of professional nursing education.
16    (c) An applicant for licensure by examination shall have
17one year after the date of notification of the successful
18completion of the examination to apply to the Department for a
19license. If an applicant fails to apply within one year, the
20applicant shall be required to retake and pass the examination
21unless licensed in another jurisdiction of the United States.
22    (d) An applicant for licensure by examination who passes
23the Department-approved licensure examination for professional
24nursing may obtain employment as a license-pending registered
25nurse and practice under the direction of a registered
26professional nurse or an advanced practice nurse until such

 

 

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1time as he or she receives his or her license to practice or
2until the license is denied. In no instance shall any such
3applicant practice or be employed in any management capacity.
4An individual may be employed as a license-pending registered
5nurse if all of the following criteria are met:
6        (1) He or she has completed and passed the
7    Department-approved licensure exam and presents to the
8    employer the official written notification indicating
9    successful passage of the licensure examination.
10        (2) He or she has completed and submitted to the
11    Department an application for licensure under this Section
12    as a registered professional nurse.
13        (3) He or she has submitted the required licensure fee.
14        (4) He or she has met all other requirements
15    established by rule, including having submitted to a
16    criminal history records check.
17    (e) The privilege to practice as a license-pending
18registered nurse shall terminate with the occurrence of any of
19the following:
20        (1) Three months have passed since the official date of
21    passing the licensure exam as inscribed on the formal
22    written notification indicating passage of the exam. The
23    3-month license pending period may be extended if more time
24    is needed by the Department to process the licensure
25    application.
26        (2) Receipt of the registered professional nurse

 

 

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1    license from the Department.
2        (3) Notification from the Department that the
3    application for licensure has been refused.
4        (4) A request by the Department that the individual
5    terminate practicing as a license-pending registered nurse
6    until an official decision is made by the Department to
7    grant or deny a registered professional nurse license.
8    (f) An applicant for registered professional nurse
9licensure by endorsement who is a registered professional nurse
10licensed by examination under the laws of another state or
11territory of the United States must do each of the following:
12        (1) Submit a completed written application, on forms
13    supplied by the Department, and fees as established by the
14    Department.
15        (2) Have graduated from a registered professional
16    nursing education program approved by the Department.
17        (3) Submit verification of licensure status directly
18    from the United States jurisdiction of licensure, if
19    applicable, as defined by rule.
20        (4) Submit to the criminal history records check
21    required under Section 50-35 of this Act.
22        (5) Meet all other requirements as established by the
23    Department by rule.
24    (g) Pending the issuance of a license under this Section,
25the Department may grant an applicant a temporary license to
26practice nursing as a registered professional nurse if the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09700SB1305sam002- 45 -LRB097 08927 CEL 53916 a

1in English or the successful passage of an approved licensing
2examination given in English. The requirements of this
3subsection (m) may be satisfied by the showing of proof of a
4certificate from the Certificate Program or the VisaScreen
5Program of the Commission on Graduates of Foreign Nursing
6Schools.
7    (n) A registered nurse licensed by a party state under the
8Nurse Licensure Compact under Article 80 of this Act is granted
9the privilege to practice registered nursing in this State.
10(Source: P.A. 95-639, eff. 10-5-07.)
 
11    Section 99. Effective date. This Act takes effect January
121, 2013.".