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92_HB2400eng HB2400 Engrossed LRB9206864LBgc 1 AN ACT relating to the licensure of nurses. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing and Advanced Practice Nursing Act 5 is amended by changing Sections 5-10, 5-15, and 10-30, and by 6 adding Title 11 as follows: 7 (225 ILCS 65/5-10) 8 Sec. 5-10. Definitions. Each of the following terms, 9 when used in this Act, shall have the meaning ascribed to it 10 in this Section, except where the context clearly indicates 11 otherwise: 12 (a) "Department" means the Department of Professional 13 Regulation. 14 (b) "Director" means the Director of Professional 15 Regulation. 16 (c) "Board" means the Board of Nursing appointed by the 17 Director. 18 (d) "Academic year" means the customary annual schedule 19 of courses at a college, university, or approved school, 20 customarily regarded as the school year as distinguished from 21 the calendar year. 22 (e) "Approved program of professional nursing education" 23 and "approved program of practical nursing education" are 24 programs of professional or practical nursing, respectively, 25 approved by the Department under the provisions of this Act. 26 (f) "Nursing Act Coordinator" means a registered 27 professional nurse appointed by the Director to carry out the 28 administrative policies of the Department. 29 (g) "Assistant Nursing Act Coordinator" means a 30 registered professional nurse appointed by the Director to 31 assist in carrying out the administrative policies of the HB2400 Engrossed -2- LRB9206864LBgc 1 Department. 2 (h) "Registered" is the equivalent of "licensed". 3 (i) "Practical nurse" or "licensed practical nurse" 4 means a person who is licensed as a practical nurse under 5 this Act or holds the privilege to practice under this Act 6 and practices practical nursing as defined in paragraph (j) 7 of this Section. Only a practical nurse licensed or granted 8 the privilege to practice under this Act is entitled to use 9 the title "licensed practical nurse" and the abbreviation 10 "L.P.N.". 11 (j) "Practical nursing" means the performance of nursing 12 acts requiring the basic nursing knowledge, judgement, and 13 skill acquired by means of completion of an approved 14 practical nursing education program. Practical nursing 15 includes assisting in the nursing process as delegated by and 16 under the direction of a registered professional nurse. The 17 practical nurse may work under the direction of a licensed 18 physician, dentist, podiatrist, or other health care 19 professional determined by the Department. 20 (k) "Registered Nurse" or "Registered Professional 21 Nurse" means a person who is licensed as a professional nurse 22 under this Act or holds the privilege to practice under this 23 Act and practices nursing as defined in paragraph (l) of this 24 Section. Only a registered nurse licensed or granted the 25 privilege to practice under this Act is entitled to use the 26 titles "registered nurse" and "registered professional nurse" 27 and the abbreviation, "R.N.". 28 (l) "Registered professional nursing practice" includes 29 all nursing specialities and means the performance of any 30 nursing act based upon professional knowledge, judgment, and 31 skills acquired by means of completion of an approved 32 registered professional nursing education program. A 33 registered professional nurse provides nursing care 34 emphasizing the importance of the whole and the HB2400 Engrossed -3- LRB9206864LBgc 1 interdependence of its parts through the nursing process to 2 individuals, groups, families, or communities, that includes 3 but is not limited to: (1) the assessment of healthcare 4 needs, nursing diagnosis, planning, implementation, and 5 nursing evaluation; (2) the promotion, maintenance, and 6 restoration of health; (3) counseling, patient education, 7 health education, and patient advocacy; (4) the 8 administration of medications and treatments as prescribed by 9 a physician licensed to practice medicine in all of its 10 branches, a licensed dentist, a licensed podiatrist, or a 11 licensed optometrist or as prescribed by a physician 12 assistant in accordance with written guidelines required 13 under the Physician Assistant Practice Act of 1987 or by an 14 advanced practice nurse in accordance with a written 15 collaborative agreement required under the Nursing and 16 Advanced Practice Nursing Act; (5) the coordination and 17 management of the nursing plan of care; (6) the delegation to 18 and supervision of individuals who assist the registered 19 professional nurse implementing the plan of care; and (7) 20 teaching and supervision of nursing students. The foregoing 21 shall not be deemed to include those acts of medical 22 diagnosis or prescription of therapeutic or corrective 23 measures that are properly performed only by physicians 24 licensed in the State of Illinois. 25 (m) "Current nursing practice update course" means a 26 planned nursing education curriculum approved by the 27 Department consisting of activities that have educational 28 objectives, instructional methods, content or subject matter, 29 clinical practice, and evaluation methods, related to basic 30 review and updating content and specifically planned for 31 those nurses previously licensed in the United States or its 32 territories and preparing for reentry into nursing practice. 33 (n) "Professional assistance program for nurses" means a 34 professional assistance program that meets criteria HB2400 Engrossed -4- LRB9206864LBgc 1 established by the Board of Nursing and approved by the 2 Director, which provides a non-disciplinary treatment 3 approach for nurses licensed under this Act whose ability to 4 practice is compromised by alcohol or chemical substance 5 addiction. 6 (o) "Privilege to practice" means the authorization to 7 practice as a practical nurse or a registered nurse in the 8 state under the Nurse Licensure Compact set forth in Title 11 9 of this Act. 10 (p) "License" or "Licensed" means the permission granted 11 a person to practice nursing under this Act, including the 12 privilege to practice. 13 (q) "Licensee" means a person who has been issued a 14 license to practice nursing in the state or who holds the 15 privilege to practice nursing in the state. 16 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; 17 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.) 18 (225 ILCS 65/5-15) 19 Sec. 5-15. Policy; application of Act. For the protection 20 of life and the promotion of health, and the prevention of 21 illness and communicable diseases, any person practicing or 22 offering to practice professional and practical nursing in 23 Illinois shall submit evidence that he or she is qualified to 24 practice, and shall be licensed or hold the privilege to 25 practice as provided under this Act. No person shall 26 practice or offer to practice professional or practical 27 nursing in Illinois or use any title, sign, card or device to 28 indicate that such a person is practicing professional or 29 practical nursing unless such person has been licensed or 30 holds the privilege to practice under the provisions of this 31 Act. 32 This Act does not prohibit the following: 33 (a) The practice of nursing in Federal employment HB2400 Engrossed -5- LRB9206864LBgc 1 in the discharge of the employee's duties by a person who 2 is employed by the United States government or any 3 bureau, division or agency thereof and is a legally 4 qualified and licensed nurse of another state or 5 territory and not in conflict with Sections 10-5, 10-30, 6 and 10-45 of this Act. 7 (b) Nursing that is included in their program of 8 study by students enrolled in programs of nursing or in 9 current nurse practice update courses approved by the 10 Department. 11 (c) The furnishing of nursing assistance in an 12 emergency. 13 (d) The practice of nursing by a nurse who holds an 14 active license in another state when providing services 15 to patients in Illinois during a bonafide emergency or in 16 immediate preparation for or during interstate transit. 17 (e) The incidental care of the sick by members of 18 the family, domestic servants or housekeepers, or care of 19 the sick where treatment is by prayer or spiritual means. 20 (f) Persons from being employed as nursing aides, 21 attendants, orderlies, and other auxiliary workers in 22 private homes, long term care facilities, nurseries, 23 hospitals or other institutions. 24 (g) The practice of practical nursing by one who 25 has applied in writing to the Department in form and 26 substance satisfactory to the Department, for a license 27 as a licensed practical nurse and who has complied with 28 all the provisions under Section 10-30, except the 29 passing of an examination to be eligible to receive such 30 license, until: the decision of the Department that the 31 applicant has failed to pass the next available 32 examination authorized by the Department or has failed, 33 without an approved excuse, to take the next available 34 examination authorized by the Department or until the HB2400 Engrossed -6- LRB9206864LBgc 1 withdrawal of the application, but not to exceed 3 2 months. No applicant for licensure practicing under the 3 provisions of this paragraph shall practice practical 4 nursing except under the direct supervision of a 5 registered professional nurse licensed under this Act or 6 a licensed physician, dentist or podiatrist. In no 7 instance shall any such applicant practice or be employed 8 in any supervisory capacity. 9 (h) The practice of practical nursing by one who is 10 a licensed practical nurse under the laws of another U.S. 11 jurisdiction and has applied in writing to the 12 Department, in form and substance satisfactory to the 13 Department, for a license as a licensed practical nurse 14 and who is qualified to receive such license under 15 Section 10-30, until (1) the expiration of 6 months after 16 the filing of such written application, (2) the 17 withdrawal of such application, or (3) the denial of such 18 application by the Department. 19 (i) The practice of professional nursing by one who 20 has applied in writing to the Department in form and 21 substance satisfactory to the Department for a license as 22 a registered professional nurse and has complied with all 23 the provisions under Section 10-30 except the passing of 24 an examination to be eligible to receive such license, 25 until the decision of the Department that the applicant 26 has failed to pass the next available examination 27 authorized by the Department or has failed, without an 28 approved excuse, to take the next available examination 29 authorized by the Department or until the withdrawal of 30 the application, but not to exceed 3 months. No 31 applicant for licensure practicing under the provisions 32 of this paragraph shall practice professional nursing 33 except under the direct supervision of a registered 34 professional nurse licensed under this Act. In no HB2400 Engrossed -7- LRB9206864LBgc 1 instance shall any such applicant practice or be employed 2 in any supervisory capacity. 3 (j) The practice of professional nursing by one who 4 is a registered professional nurse under the laws of 5 another state, territory of the United States or country 6 and has applied in writing to the Department, in form and 7 substance satisfactory to the Department, for a license 8 as a registered professional nurse and who is qualified 9 to receive such license under Section 10-30, until (1) 10 the expiration of 6 months after the filing of such 11 written application, (2) the withdrawal of such 12 application, or (3) the denial of such application by the 13 Department. 14 (k) The practice of professional nursing that is 15 included in a program of study by one who is a registered 16 professional nurse under the laws of another state or 17 territory of the United States or foreign country, 18 territory or province and who is enrolled in a graduate 19 nursing education program or a program for the completion 20 of a baccalaureate nursing degree in this State, which 21 includes clinical supervision by faculty as determined by 22 the educational institution offering the program and the 23 health care organization where the practice of nursing 24 occurs. The educational institution will file with the 25 Department each academic term a list of the names and 26 origin of license of all professional nurses practicing 27 nursing as part of their programs under this provision. 28 (l) Any person licensed in this State under any 29 other Act from engaging in the practice for which she or 30 he is licensed. 31 (m) Delegation to authorized direct care staff 32 trained under Section 15.4 of the Mental Health and 33 Developmental Disabilities Administrative Act. 34 An applicant for license practicing under the exceptions HB2400 Engrossed -8- LRB9206864LBgc 1 set forth in subparagraphs (g), (h), (i), and (j) of this 2 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic. 3 Pend. respectively and no other. 4 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; 5 90-655, eff. 7-30-98; 90-742, eff. 8-13-98; 91-630, eff. 6 8-19-99.) 7 (225 ILCS 65/10-30) 8 Sec. 10-30. Qualifications for licensure. 9 (a) Each applicant who successfully meets the 10 requirements of this Section shall be entitled to licensure 11 as a Registered Nurse or Licensed Practical Nurse, whichever 12 is applicable. 13 (b) An applicant for licensure by examination to 14 practice as a registered nurse or licensed practical nurse 15 shall: 16 (1) submit a completed written application, on 17 forms provided by the Department and fees as established 18 by the Department; 19 (2) for registered nurse licensure, have completed 20 an approved professional nursing education program of not 21 less than 2 academic years and have graduated from the 22 program; for licensed practical nurse licensure, have 23 completed an approved practical nursing education program 24 of not less than one academic year and have graduated 25 from the program; 26 (3) have not violated the provisions of Section 27 10-45 of this Act. The Department may take into 28 consideration any felony conviction of the applicant, but 29 such a conviction shall not operate as an absolute bar to 30 licensure; 31 (4) meet all other requirements as established by 32 rule; 33 (5) pay, either to the Department or its designated HB2400 Engrossed -9- LRB9206864LBgc 1 testing service, a fee covering the cost of providing the 2 examination. Failure to appear for the examination on the 3 scheduled date at the time and place specified after the 4 applicant's application for examination has been received 5 and acknowledged by the Department or the designated 6 testing service shall result in the forfeiture of the 7 examination fee. 8 If an applicant neglects, fails, or refuses to take an 9 examination or fails to pass an examination for a license 10 under this Act within 3 years after filing the application, 11 the application shall be denied. However, the applicant may 12 make a new application accompanied by the required fee and 13 provide evidence of meeting the requirements in force at the 14 time of the new application. 15 An applicant shall have one year from the date of 16 notification of successful completion of the examination to 17 apply to the Department for a license. If an applicant fails 18 to apply within one year, the applicant shall be required to 19 again take and pass the examination unless licensed in 20 another jurisdiction of the United States within one year of 21 passing the examination. 22 (c) An applicant for licensure who is a registered 23 professional nurse or a licensed practical nurse licensed by 24 examination under the laws of another state or territory of 25 the United States shall: 26 (1) submit a completed written application, on 27 forms supplied by the Department, and fees as established 28 by the Department; 29 (2) for registered nurse licensure, have completed 30 an approved professional nursing education program of not 31 less than 2 academic years and have graduated from the 32 program; for licensed practical nurse licensure, have 33 completed an approved practical nursing education program 34 of not less than one academic year and have graduated HB2400 Engrossed -10- LRB9206864LBgc 1 from the program; 2 (3) submit verification of licensure status 3 directly from the United States jurisdiction of 4 licensure; 5 (4) have passed the examination authorized by the 6 Department; 7 (5) meet all other requirements as established by 8 rule. 9 (d) All applicants for licensure pursuant to this 10 Section who are graduates of nursing educational programs in 11 a country other than the United States or its territories 12 must submit to the Department certification of successful 13 completion of the Commission of Graduates of Foreign Nursing 14 Schools (CGFNS) examination. An applicant, who is unable to 15 provide appropriate documentation to satisfy CGFNS of her or 16 his educational qualifications for the CGFNS examination, 17 shall be required to pass an examination to test competency 18 in the English language which shall be prescribed by the 19 Department, if the applicant is determined by the Board to be 20 educationally prepared in nursing. The Board shall make 21 appropriate inquiry into the reasons for any adverse 22 determination by CGFNS before making its own decision. 23 An applicant licensed in another state or territory who 24 is applying for licensure and has received her or his 25 education in a country other than the United States or its 26 territories shall be exempt from the completion of the 27 Commission of Graduates of Foreign Nursing Schools (CGFNS) 28 examination if the applicant meets all of the following 29 requirements: 30 (1) successful passage of the licensure examination 31 authorized by the Department; 32 (2) holds an active, unencumbered license in 33 another state; and 34 (3) has been actively practicing for a minimum of 2 HB2400 Engrossed -11- LRB9206864LBgc 1 years in another state. 2 (e) No applicant shall be issued a license as a 3 registered nurse or practical nurse under this Section unless 4 he or she has passed the examination authorized by the 5 Department within 3 years of completion and graduation from 6 an approved nursing education program, unless such applicant 7 submits proof of successful completion of a 8 Department-authorized remedial nursing education program or 9 recompletion of an approved registered nursing program or 10 licensed practical nursing program, as appropriate. 11 (f) Pending the issuance of a license under subsection 12 (b) of this Section, the Department may grant an applicant a 13 temporary license to practice nursing as a registered nurse 14 or as a licensed practical nurse if the Department is 15 satisfied that the applicant holds an active, unencumbered 16 license in good standing in another jurisdiction. If the 17 applicant holds more than one current active license, or one 18 or more active temporary licenses from other jurisdictions, 19 the Department shall not issue a temporary license until it 20 is satisfied that each current active license held by the 21 applicant is unencumbered. The temporary license, which 22 shall be issued no later than 14 working days following 23 receipt by the Department of an application for the temporary 24 license, shall be granted upon the submission of the 25 following to the Department: 26 (1) a signed and completed application for 27 licensure under subsection (a) of this Section as a 28 registered nurse or a licensed practical nurse; 29 (2) proof of a current, active license in at least 30 one other jurisdiction and proof that each current active 31 license or temporary license held by the applicant is 32 unencumbered; 33 (3) a signed and completed application for a 34 temporary license; and HB2400 Engrossed -12- LRB9206864LBgc 1 (4) the required permit fee. 2 (g) The Department may refuse to issue an applicant a 3 temporary license authorized pursuant to this Section if, 4 within 14 working days following its receipt of an 5 application for a temporary license, the Department 6 determines that: 7 (1) the applicant has been convicted of a crime 8 under the laws of a jurisdiction of the United States: 9 (i) which is a felony; or (ii) which is a misdemeanor 10 directly related to the practice of the profession, 11 within the last 5 years; 12 (2) within the last 5 years the applicant has had a 13 license or permit related to the practice of nursing 14 revoked, suspended, or placed on probation by another 15 jurisdiction, if at least one of the grounds for 16 revoking, suspending, or placing on probation is the same 17 or substantially equivalent to grounds in Illinois; or 18 (3) it intends to deny licensure by endorsement. 19 For purposes of this Section, an "unencumbered license" 20 means a license against which no disciplinary action has been 21 taken or is pending and for which all fees and charges are 22 paid and current. 23 (h) The Department may revoke a temporary license issued 24 pursuant to this Section if: 25 (1) it determines that the applicant has been 26 convicted of a crime under the law of any jurisdiction of 27 the United States that is (i) a felony or (ii) a 28 misdemeanor directly related to the practice of the 29 profession, within the last 5 years; 30 (2) it determines that within the last 5 years the 31 applicant has had a license or permit related to the 32 practice of nursing revoked, suspended, or placed on 33 probation by another jurisdiction, if at least one of the 34 grounds for revoking, suspending, or placing on probation HB2400 Engrossed -13- LRB9206864LBgc 1 is the same or substantially equivalent to grounds in 2 Illinois; or 3 (3) it determines that it intends to deny licensure 4 by endorsement. 5 A temporary license or renewed temporary license shall 6 expire (i) upon issuance of an Illinois license or (ii) upon 7 notification that the Department intends to deny licensure by 8 endorsement. A temporary license shall expire 6 months from 9 the date of issuance. Further renewal may be granted by the 10 Department in hardship cases, as defined by rule. However, a 11 temporary license shall automatically expire upon issuance of 12 the Illinois license or upon notification that the Department 13 intends to deny licensure, whichever occurs first. No 14 extensions shall be granted beyond the 6-month period unless 15 approved by the Director. Notification by the Department 16 under this Section shall be by certified or registered mail. 17 (i) A practical nurse licensed by a party state to the 18 Nurse Licensure Compact set forth in Title 11 of this Act is 19 granted the privilege to practice practical nursing in this 20 State. A registered nurse licensed by a party state to the 21 Nurse Licensure Compact set forth in Title 11 of this Act is 22 granted the privilege to practice registered nursing in this 23 State. A practical nurse or registered nurse who has been 24 granted the privilege to practice nursing in this State under 25 this subsection, shall notify the Department, prior to 26 commencing employment in this State as a practical or 27 registered nurse, of the identity and location of the nurse's 28 prospective employer. 29 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.) 30 (225 ILCS 65/Title heading new) 31 TITLE 11. NURSE LICENSURE COMPACT HB2400 Engrossed -14- LRB9206864LBgc 1 (225 ILCS 65/11-1 new) 2 Sec. 11-1. Nurse Licensure Compact. The nurse licensure 3 compact is entered into and enacted into law with all 4 jurisdictions that legally join in the compact, which is, in 5 form substantially as contained in this Title. 6 (225 ILCS 65/11-5 new) 7 Sec. 11-5. Findings and Purpose. 8 (a) The party states find all of the following: 9 (1) The health and safety of the public are 10 affected by the degree of compliance with and the 11 effectiveness of enforcement activities related to state 12 nurse licensure laws. 13 (2) Violations of nurse licensure and other laws 14 regulating the practice of nursing may result in injury 15 or harm to the public. 16 (3) The expanded mobility of nurses and the use of 17 advanced communication technologies as part of our 18 nation's health care delivery system require greater 19 coordination and cooperation among states in the areas of 20 nurse licensure and regulation. 21 (4) New practice modalities and technology make 22 compliance with individual state nurse licensure laws 23 difficult and complex. 24 (5) The current system of duplicative licensure for 25 nurses practicing in multiple states is cumbersome and 26 redundant to both nurses and states. 27 (b) The general purposes of this compact are to: 28 (1) Facilitate the states' responsibility to 29 protect the public's health and safety. 30 (2) Ensure and encourage the cooperation of party 31 states in the areas of nurse licensure and regulation. 32 (3) Facilitate the exchange of information between 33 party states in the areas of nurse regulation, HB2400 Engrossed -15- LRB9206864LBgc 1 investigation, and adverse actions. 2 (4) Promote compliance with the laws governing the 3 practice of nursing in each jurisdiction. 4 (5) Invest all party states with the authority to 5 hold a nurse accountable for meeting all state practice 6 laws in the state in which the patient is located at the 7 time care is rendered through the mutual recognition of 8 party state licenses. 9 (225 ILCS 65/11-10 new) 10 Sec. 11-10. Definitions. As used in this compact: 11 (a) "Adverse action" means a home or remote state 12 action. 13 (b) "Alternative program" means a voluntary, 14 nondisciplinary monitoring program approved by a nurse 15 licensing board. 16 (c) "Coordinated licensure information system" means an 17 integrated process for collecting, storing, and sharing 18 information on nurse licensure and enforcement activities 19 related to nurse licensure laws, which is administered by a 20 nonprofit organization composed of and controlled by state 21 nurse licensing boards. 22 (d) "Current significant investigative information" 23 means either of the following: 24 (1) Investigative information that a licensing 25 board, after a preliminary inquiry that includes 26 notification and an opportunity for the nurse to respond 27 if required by state law, has reason to believe is not 28 groundless and, if proved true, would indicate more than 29 a minor infraction. 30 (2) Investigative information that indicates that 31 the nurse represents an immediate threat to public health 32 and safety regardless of whether the nurse has been 33 notified and had an opportunity to respond. HB2400 Engrossed -16- LRB9206864LBgc 1 (e) "Home state" means the party state which is the 2 nurse's primary state of residence. 3 (f) "Home state action" means any administrative, civil, 4 equitable, or criminal action permitted by the home state's 5 laws which are imposed on a nurse by the home state's 6 licensing board or other authority, including actions against 7 an individual's license such as revocation, suspension, 8 probation, or any other action which affects a nurse's 9 authorization to practice. 10 (g) "Licensing board" means a party state's regulatory 11 body responsible for issuing nurse licenses. 12 (h) "Multistate licensure privilege" means current, 13 official authority from a remote state permitting the 14 practice of nursing as either a registered nurse or a 15 licensed practical or vocational nurse in such party state. 16 All party states have the authority, in accordance with 17 existing state due process law, to take actions against the 18 nurse's privilege such as revocation, suspension, probation, 19 or any other action which affects a nurse's authorization to 20 practice. 21 (i) "Nurse" means a registered nurse or licensed 22 practical or vocational nurse, as those terms are defined by 23 each party's state practice laws. 24 (j) "Party state" means any state that has adopted this 25 compact. 26 (k) "Remote state" means a party state, other than the 27 home state, where either of the following applies: 28 (1) Where the patient is located at the time 29 nursing care is provided. 30 (2) In the case of the practice of nursing not 31 involving a patient, in such party state where the 32 recipient of nursing practice is located. 33 (l) "Remote state action" means either of the following: 34 (1) Any administrative, civil, equitable, or HB2400 Engrossed -17- LRB9206864LBgc 1 criminal action permitted by a remote state's laws which 2 are imposed on a nurse by the remote state's licensing 3 board or other authority, including actions against an 4 individual's multistate licensure privilege to practice 5 in the remote state. 6 (2) Cease and desist and other injunctive or 7 equitable orders issued by remote states or the licensing 8 boards of remote states. 9 (m) "State" means a state, territory, or possession of 10 the United States, the District of Columbia, or the 11 Commonwealth of Puerto Rico. 12 (n) "State practice laws" means those individual party's 13 state laws and regulations that govern the practice of 14 nursing, define the scope of nursing practice, and create the 15 methods and grounds for imposing discipline. "State practice 16 laws" does not include the initial qualifications for 17 licensure or requirements necessary to obtain and retain a 18 license, except for qualifications or requirements of the 19 home state. 20 (225 ILCS 65/11-15 new) 21 Sec. 11-15. General Provisions and Jurisdiction. 22 (a) A license to practice registered nursing issued by a 23 home state to a resident in that state will be recognized by 24 each party state as authorizing a multistate licensure 25 privilege to practice as a registered nurse in such party 26 state. A license to practice licensed practical or 27 vocational nursing issued by a home state to a resident in 28 that state will be recognized by each party state as 29 authorized a multistate licensure privilege to practice as a 30 licensed practical or vocational nurse in such party state. 31 In order to obtain or retain a license, an applicant must 32 meet the home state's qualifications for licensure and 33 license renewal as well as all other applicable state laws. HB2400 Engrossed -18- LRB9206864LBgc 1 (b) Party states may, in accordance with state due 2 process laws, limit or revoke the multistate licensure 3 privilege of any nurse to practice in their state and may 4 take any other actions under their applicable state laws 5 necessary to protect the health and safety of their citizens. 6 If a party state takes such action, it shall promptly notify 7 the administrator of the coordinated licensure information 8 system. The administrator of the coordinated licensure 9 information system shall promptly notify the home state of 10 any such actions by remote states. 11 (c) Every nurse practicing in a party state must comply 12 with the state practice laws of the state in which the 13 patient is located at the time care is rendered. In 14 addition, the practice of nursing is not limited to patient 15 care, but shall include all nursing practice as defined by 16 the state practice laws of a party state. The practice of 17 nursing subjects a nurse to the jurisdiction of the nurse 18 licensing board and the courts, as well as the laws, in that 19 party state. 20 (d) This compact does not affect additional requirements 21 imposed by states for advanced practice registered nursing. 22 However, a multistate licensure privilege to practice 23 registered nursing granted by a party state shall be 24 recognized by other party states as a license to practice 25 registered nursing if one is required by state law as a 26 precondition for qualifying for advanced practice registered 27 nurse authorization. 28 (e) Individuals not residing in a party state shall 29 continue to be able to apply for nurse licensure as provided 30 for under the laws of each party state. However, the license 31 granted to these individuals will not be recognized as 32 granting the privilege to practice nursing in any other party 33 state unless explicitly agreed to by that party state. HB2400 Engrossed -19- LRB9206864LBgc 1 (225 ILCS 65/11-20 new) 2 Sec. 11-20. Applications for licensure in a party state. 3 (a) Upon application for a license, the licensing board 4 in a party state shall ascertain, through the coordinated 5 licensure information system, whether the applicant has ever 6 held, or is the holder of, a license issued by any other 7 state, whether there are any restrictions on the multistate 8 licensure privilege, and whether any other adverse action by 9 any state has been taken against the license. 10 (b) A nurse in a party state shall hold licensure in 11 only one party state at a time, issued by the home state. 12 (c) A nurse who intends to change primary state of 13 residence may apply for licensure in the new home state in 14 advance of such change. However, new licenses will not be 15 issued by a party state until after a nurse provides evidence 16 of change in primary state of residence satisfactory to the 17 new home state's licensing board. 18 (d) When a nurse changes primary state of residence by: 19 (1) moving between two party states, and obtains a 20 license from the new home state, the license from the 21 former home state is no longer valid. 22 (2) moving from a nonparty state to a party state, 23 and obtains a license from the new home state, the 24 individual state license issued by the nonparty state is 25 not affected and will remain in full force if so provided 26 by the laws of the nonparty state. 27 (3) moving from a party state to a nonparty state, 28 the license issued by the prior home state converts to an 29 individual state license, valid only in the former home 30 state, without the multistate licensure privilege to 31 practice in other party states. 32 (225 ILCS 65/11-25 new) 33 Sec. 11-25. Adverse actions. In addition to the general HB2400 Engrossed -20- LRB9206864LBgc 1 provisions described in Section 11-15, the following 2 provisions apply. 3 (a) The licensing board of a remote state shall promptly 4 report to the administrator of the coordinated licensure 5 information system any remote state actions, including the 6 factual and legal basis for such action, if known. The 7 licensing board of a remote state shall also promptly report 8 any significant current investigative information yet to 9 result in a remote state action. The administrator of the 10 coordinated licensure information system shall promptly 11 notify the home state of any such reports. 12 (b) The licensing board of a party state shall have the 13 authority to complete any pending investigations for a nurse 14 who changes primary state of residence during the course of 15 such investigations. It shall also have the authority to 16 take appropriate action and shall promptly report the 17 conclusions of such investigations to the administrator of 18 the coordinated licensure information system. The 19 administrator of the coordinated licensure information system 20 shall promptly notify the new home state of any such actions. 21 (c) A remote state may take adverse action affecting the 22 multistate licensure privilege to practice within that party 23 state. However, only the home state shall have the power to 24 impose adverse action against the license issued by the home 25 state. 26 (d) For purposes of imposing adverse action, the 27 licensing board of the home state shall give the same 28 priority and effect to reported conduct received from a 29 remote state as it would if such conduct had occurred within 30 the home state. In so doing, it shall apply its own state 31 laws to determine appropriate action. 32 (e) The home state may take adverse action based on the 33 factual findings of the remote state, so long as each state 34 follows its own procedures for imposing such adverse action. HB2400 Engrossed -21- LRB9206864LBgc 1 (f) Nothing in this compact shall override a party 2 state's decision that participation in an alternative program 3 may be used in lieu of licensure action and that such 4 participation shall remain nonpublic if required by the party 5 state's laws. Party states must require nurses who enter any 6 alternative programs to agree not to practice in any other 7 party state during the term of the alternative program 8 without prior authorization from such other party state. 9 (225 ILCS 65/11-30 new) 10 Sec. 11-30. Additional authorities invested in party 11 state nursing licensing boards. Notwithstanding any other 12 powers, party state nurse licensing boards shall have the 13 authority to do all of the following: 14 (a) If otherwise permitted by state law, recover from 15 the affected nurse the costs of investigations and 16 disposition of cases resulting from any adverse action taken 17 against that nurse. 18 (b) Issue subpoenas for both hearings and investigations 19 which require the attendance and testimony of witnesses, and 20 the production of evidence. Subpoenas issued by a nurse 21 licensing board in a party state for the attendance and 22 testimony of witnesses or the production of evidence from 23 another party state shall be enforced in the latter state by 24 any court of competent jurisdiction, according to the 25 practice and procedure of that court applicable to subpoenas 26 issued in proceedings pending before it. The issuing 27 authority shall pay any witness fees, travel expenses, 28 mileage, and other fees required by the service statutes of 29 the state where the witnesses or evidence is located. 30 (c) Issue cease and desist orders or limit or revoke a 31 nurse's authority to practice in the nurse's state. 32 (d) Promulgate uniform rules and regulations as provided 33 for in Section 11-40, subsection (c). HB2400 Engrossed -22- LRB9206864LBgc 1 (225 ILCS 65/11-35 new) 2 Sec. 11-35. Coordinated Licensure Information System. 3 (a) All party states shall participate in a cooperative 4 effort to create a coordinated database of all licensed 5 registered nurses and licensed practical or vocational 6 nurses. This system will include information on the licensure 7 and disciplinary history of each nurse, as contributed by 8 party states, to assist in the coordination of nurse 9 licensure and enforcement efforts. 10 (b) Notwithstanding any other provision of law, all 11 party states' licensing boards shall promptly report adverse 12 actions, actions against multistate licensure privileges, any 13 current significant investigative information yet to result 14 in adverse action, denials of applications, and the reasons 15 for such denials, to the coordinated licensure information 16 system. 17 (c) Current significant investigative information shall 18 be transmitted through the coordinated licensure information 19 system only to party state licensing boards. 20 (d) Notwithstanding any other provision of law, all 21 party states' licensing boards contributing information to 22 the coordinated licensure information system may designate 23 information that may not be shared with nonparty states or 24 disclosed to other entities or individuals without the 25 express permission of the contributing state. 26 (e) Any personally identifiable information obtained by 27 a party state's licensing board from the coordinated 28 licensure information system shall not be shared with 29 nonparty states or disclosed to other entities or individuals 30 except to the extent permitted by the laws of the party state 31 contributing the information. 32 (f) Any information contributed to the coordinated 33 licensure information system that is subsequently required to 34 be expunged by the laws of the party state contributing that HB2400 Engrossed -23- LRB9206864LBgc 1 information shall also be expunged from the coordinated 2 licensure information system. 3 (g) The compact administrators, acting jointly with each 4 other and in consultation with the administrator of the 5 coordinated licensure information system, shall formulate 6 necessary and proper procedures for the identification, 7 collection, and exchange of information under this compact. 8 (225 ILCS 65/11-40 new) 9 Sec. 11-40. Compact Administration and Interchange of 10 Information. 11 (a) The head of the nurse licensing board, or his or her 12 designee, of each party state shall be the administrator of 13 this compact for his or her state. 14 (b) The compact administrator of each party state shall 15 furnish to the compact administrator of each other party 16 state any information and documents including, but not 17 limited to, a uniform data set of investigations, identifying 18 information, licensure data, and disclosable alternative 19 program participation information to facilitate the 20 administration of this compact. 21 (c) Compact administrators shall have the authority to 22 develop uniform rules to facilitate and coordinate 23 implementation of this compact. These uniform rules shall be 24 adopted by party states, under the authority invested under 25 Section 11-30, subsection (d). 26 (225 ILCS 65/11-45 new) 27 Sec. 11-45. Immunity. No party state or the officers or 28 employees or agents of a party state's nurse licensing board 29 who acts in accordance with the provisions of this compact 30 shall be liable on account of any act or omission in good 31 faith while engaged in the performance of their duties under 32 this compact. As used in this Section, "good faith" shall HB2400 Engrossed -24- LRB9206864LBgc 1 not include willful misconduct, gross negligence, or 2 recklessness. 3 (225 ILCS 65/11-50 new) 4 Sec. 11-50. Entry into force, withdrawal and amendment. 5 (a) This compact shall enter into force and become 6 effective as to any state when it has been enacted into the 7 laws of that state. Any party state may withdraw from this 8 compact by enacting a statute repealing the same, but such 9 withdrawal shall not take effect until six months after the 10 withdrawing state has given notice of the withdrawal to the 11 executive heads of all other party states. 12 (b) Withdrawal shall not affect the validity or 13 applicability by the licensing boards of states remaining 14 party to the compact of any report of adverse action 15 occurring prior to the withdrawal. 16 (c) This compact shall not be construed to invalidate or 17 prevent any nurse licensure agreement or other cooperative 18 arrangement between a party state and a nonparty state that 19 is made in accordance with the other provisions of this 20 compact. 21 (d) This compact may be amended by the party states. An 22 amendment to this compact shall not become effective and 23 binding upon the party states unless and until it is enacted 24 into the laws of all party states. 25 (225 ILCS 65/11-55 new) 26 Sec. 11-55. Construction and severability. 27 (a) This compact shall be liberally construed so as to 28 effectuate the purposes thereof. The provisions of this 29 compact shall be severable and if any phrase, clause, 30 sentence, or provision of this compact is declared to be 31 contrary to the constitution of any party state or of the 32 United States or the applicability thereof to any government, HB2400 Engrossed -25- LRB9206864LBgc 1 agency, person, or circumstance is held invalid, the validity 2 of the remainder of this compact and the applicability 3 thereof to any government, agency, person, or circumstance 4 shall not be affected thereby. If this compact shall be held 5 contrary to the constitution of any party state, the compact 6 shall remain in full force and effect as to the remaining 7 party states and in full force and effect as to the party 8 state affected as to all severable matters. 9 (b) In the event party states find a need for settling 10 disputes arising under this compact: 11 (1) The party states may submit the issues in 12 dispute to an arbitration panel which shall be comprised 13 of an individual appointed by the compact administrator 14 in the home state, an individual appointed by the compact 15 administrator in the remote state or states involved, and 16 an individual mutually agreed upon by the compact 17 administrators of all the party states involved in the 18 dispute. 19 (2) The decision of a majority of the arbitrators 20 shall be final and binding. 21 Section 99. Effective date. This Act takes effect on 22 January 1, 2002.
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