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Public Act 096-0805


 

Public Act 0805 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0805
 
HB0382 Enrolled LRB096 03533 NHT 13558 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Nursing Education Scholarship Law is amended
by changing Sections 2 and 3 and by adding Section 6.5 as
follows:
 
    (110 ILCS 975/2)  (from Ch. 144, par. 2752)
    Sec. 2. Legislative finding and declaration of policy.
    (a) The General Assembly finds and hereby declares that the
provision of a higher education leading to an associate degree
in nursing, an associate degree in applied sciences in nursing,
a hospital-based diploma in nursing, a baccalaureate degree in
nursing, a graduate degree in nursing, or a certificate in
practical nursing for persons of this State who desire such an
education is important to the health, welfare and security of
this State and Nation, and consequently is an important public
purpose. Many qualified and potential nurses are deterred by
financial considerations from pursuing their nursing
education, with consequent irreparable loss to the State and
Nation of talents vital to health, welfare and security. A
system of scholarships, repayment of which may be excused if
the individual is employed as a registered professional nurse
or a licensed practical nurse after obtaining an associate
degree in nursing, associate degree in applied sciences in
nursing, hospital-based diploma in nursing, baccalaureate
degree in nursing, graduate degree in nursing, or certificate
in practical nursing, will enable such individuals to attend
approved institutions of their choice in the State, public or
private.
    (b) The General Assembly finds that there is a critical
shortage of nursing instructors in this State, and such a
shortage will only worsen the shortage of available nurses in
this State and jeopardize the quality of healthcare citizens of
this State have every right to enjoy. In order to provide for
the health, safety, and welfare of the citizens of this State,
the General Assembly declares that there is a need for an
increase in skilled nurse educators in this State.
(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
 
    (110 ILCS 975/3)  (from Ch. 144, par. 2753)
    Sec. 3. Definitions.
    The following terms, whenever used or referred to, have the
following meanings except where the context clearly indicates
otherwise:
    (1) "Board" means the Board of Higher Education created by
the Board of Higher Education Act.
    (2) "Department" means the Illinois Department of Public
Health.
    (3) "Approved institution" means a public community
college, private junior college, hospital-based diploma in
nursing program, or public or private college or university
located in this State that has approval by the Department of
Professional Regulation for an associate degree in nursing
program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program.
    (4) "Baccalaureate degree in nursing program" means a
program offered by an approved institution and leading to a
bachelor of science degree in nursing.
    (5) "Enrollment" means the establishment and maintenance
of an individual's status as a student in an approved
institution, regardless of the terms used at the institution to
describe such status.
    (6) "Academic year" means the period of time from September
1 of one year through August 31 of the next year or as
otherwise defined by the academic institution.
    (7) "Associate degree in nursing program or hospital-based
diploma in nursing program" means a program offered by an
approved institution and leading to an associate degree in
nursing, associate degree in applied sciences in nursing, or
hospital-based diploma in nursing.
    (8) "Graduate degree in nursing program" means a program
offered by an approved institution and leading to a master of
science degree in nursing or a doctorate of philosophy or
doctorate of nursing degree in nursing.
    (9) "Director" means the Director of the Illinois
Department of Public Health.
    (10) "Accepted for admission" means a student has completed
the requirements for entry into an associate degree in nursing
program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program at
an approved institution, as documented by the institution.
    (11) "Fees" means those mandatory charges, in addition to
tuition, that all enrolled students must pay, including
required course or lab fees.
    (12) "Full-time student" means a student enrolled for at
least 12 hours per term or as otherwise determined by the
academic institution.
    (13) "Law" means the Nursing Education Scholarship Law.
    (14) "Nursing employment obligation" means employment in
this State as a registered professional nurse, or licensed
practical nurse, or advanced practice nurse in direct patient
care or as a nurse educator in the case of a graduate degree in
nursing program recipient for at least one year for each year
of scholarship assistance received through the Nursing
Education Scholarship Program.
    (15) "Part-time student" means a person who is enrolled for
at least one-third of the number of hours required per term by
a school for its full-time students.
    (16) "Practical nursing program" means a program offered by
an approved institution leading to a certificate in practical
nursing.
    (17) "Registered professional nurse" means a person who is
currently licensed as a registered professional nurse by the
Department of Professional Regulation under the Nurse Practice
Act.
    (18) "Licensed practical nurse" means a person who is
currently licensed as a licensed practical nurse by the
Department of Professional Regulation under the Nurse Practice
Act.
    (19) "School term" means an academic term, such as a
semester, quarter, trimester, or number of clock hours, as
defined by an approved institution.
    (20) "Student in good standing" means a student maintaining
a cumulative grade point average equivalent to at least the
academic grade of a "C".
    (21) "Total and permanent disability" means a physical or
mental impairment, disease, or loss of a permanent nature that
prevents nursing employment with or without reasonable
accommodation. Proof of disability shall be a declaration from
the social security administration, Illinois Workers'
Compensation Commission, Department of Defense, or an insurer
authorized to transact business in Illinois who is providing
disability insurance coverage to a contractor.
    (22) "Tuition" means the established charges of an
institution of higher learning for instruction at that
institution.
    (23) "Nurse educator" means a person who is currently
licensed as a registered nurse by the Department of
Professional Regulation under the Nurse Practice Act, who has a
graduate degree in nursing, and who is employed by an approved
academic institution to educate registered nursing students,
licensed practical nursing students, and registered nurses
pursuing graduate degrees.
    (24) "Nurse educator employment obligation" means
employment in this State as a nurse educator for at least 2
years for each year of scholarship assistance received under
Section 6.5 of this Law.
    Rulemaking authority to implement this amendatory Act of
the 96th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
 
    (110 ILCS 975/6.5 new)
    Sec. 6.5. Nurse educator scholarships.
    (a) Beginning with the fall term of the 2009-2010 academic
year, the Department shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing the following:
        (1) that he or she has been a resident of this State
    for at least one year prior to application and is a citizen
    or a lawful permanent resident alien of the United States;
        (2) that he or she is enrolled in or accepted for
    admission to a graduate degree in nursing program at an
    approved institution; and
        (3) that he or she agrees to meet the nurse educator
    employment obligation.
    (b) If in any year the number of qualified applicants
exceeds the number of scholarships to be awarded under this
Section, the Department shall, in consultation with the Center
for Nursing Advisory Board, consider the following factors in
granting priority in awarding scholarships:
        (1) Financial need, as shown on a standardized
    financial needs assessment form used by an approved
    institution, of students who will pursue their education on
    a full-time or close to full-time basis and who already
    have a diploma in nursing and are pursuing a higher degree.
        (2) A student's status as a registered nurse who is
    pursuing a graduate degree in nursing to pursue employment
    in an approved institution that educates licensed
    practical nurses and that educates registered nurses in
    undergraduate and graduate nursing programs.
        (3) A student's merit, as shown through his or her
    grade point average, class rank, experience as a nurse,
    including supervisory experience, experience as a nurse in
    the United States military, and other academic and
    extracurricular activities.
    (c) Unless otherwise indicated, scholarships under this
Section shall be awarded to recipients at approved institutions
for a period of up to 3 years.
    (d) Within 12 months after graduation from a graduate
degree in nursing program for nurse educators, any recipient
who accepted a scholarship under this Section shall begin
meeting the required nurse educator employment obligation. In
order to defer his or her continuous employment obligation, a
recipient must request the deferment in writing from the
Department. A recipient shall receive a deferment if he or she
notifies the Department, within 30 days after enlisting, that
he or she is spending up to 4 years in military service. A
recipient shall receive a deferment if he or she notifies the
Department, within 30 days after enrolling, that he or she is
enrolled in an academic program leading to a graduate degree in
nursing. The recipient must begin meeting the required nurse
educator employment obligation no later than 6 months after the
end of the deferment or deferments.
    Any person who fails to fulfill the nurse educator
employment obligation shall pay to the Department an amount
equal to the amount of scholarship funds received per year for
each unfulfilled year of the nurse educator employment
obligation, together with interest at 7% per year on the unpaid
balance. Payment must begin within 6 months following the date
of the occurrence initiating the repayment. All repayments must
be completed within 6 years from the date of the occurrence
initiating the repayment. However, this repayment obligation
may be deferred and re-evaluated every 6 months when the
failure to fulfill the nurse educator employment obligation
results from involuntarily leaving the profession due to a
decrease in the number of nurses employed in this State or when
the failure to fulfill the nurse educator employment obligation
results from total and permanent disability. The repayment
obligation shall be excused if the failure to fulfill the nurse
educator employment obligation results from the death or
adjudication as incompetent of the person holding the
scholarship. No claim for repayment may be filed against the
estate of such a decedent or incompetent.
    The Department may allow a nurse educator employment
obligation fulfillment alternative if the nurse educator
scholarship recipient is unsuccessful in finding work as a
nurse educator. The Department shall maintain a database of all
available nurse educator positions in this State.
    (e) Each person applying for a scholarship under this
Section must be provided with a copy of this Section at the
time of application for the benefits of this scholarship.
    (f) Rulemaking authority to implement this amendatory Act
of the 96th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
 
    Section 10. The Nurse Practice Act is amended by changing
Section 70-50 as follows:
 
    (225 ILCS 65/70-50)   (was 225 ILCS 65/20-40)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 70-50. Fund.
    (a) There is hereby created within the State Treasury the
Nursing Dedicated and Professional Fund. The monies in the Fund
may be used by and at the direction of the Department for the
administration and enforcement of this Act, including but not
limited to:
        (1) Distribution and publication of this Act and rules.
        (2) Employment of secretarial, nursing,
    administrative, enforcement, and other staff for the
    administration of this Act.
    (b) Disposition of fees:
        (1) $5 of every licensure fee shall be placed in a fund
    for assistance to nurses enrolled in a diversionary program
    as approved by the Department.
        (2) All of the fees, fines, and penalties collected
    pursuant to this Act shall be deposited in the Nursing
    Dedicated and Professional Fund.
        (3) Each fiscal year, the moneys deposited in the
    Nursing Dedicated and Professional Fund shall be
    appropriated to the Department for expenses of the
    Department and the Board in the administration of this Act.
    All earnings received from investment of moneys in the
    Nursing Dedicated and Professional Fund shall be deposited
    in the Nursing Dedicated and Professional Fund and shall be
    used for the same purposes as fees deposited in the Fund.
        (4) For the fiscal year beginning July 1, 2009 2004 and
    for each fiscal year thereafter, $2,000,000 $1,200,000 of
    the moneys deposited in the Nursing Dedicated and
    Professional Fund each year shall be set aside and
    appropriated to the Department of Public Health for nursing
    scholarships awarded pursuant to the Nursing Education
    Scholarship Law. Representatives of the Department and the
    Nursing Education Scholarship Program Advisory Council
    shall review this requirement and the scholarship awards
    every 2 years.
        (5) Moneys in the Fund may be transferred to the
    Professions Indirect Cost Fund as authorized under Section
    2105-300 of the Department of Professional Regulation Law
    (20 ILCS 2105/2105-300).
    (c) (f) Moneys set aside for nursing scholarships awarded
pursuant to the Nursing Education Scholarship Law as provided
in item (4) (iv) of subsection (b) (e) of this Section may not
be transferred under Section 8h of the State Finance Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
revised 10-23-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/30/2009