093_HB2553sam001

 










                                     LRB093 06488 AMC 15309 a

 1                    AMENDMENT TO HOUSE BILL 2553

 2        AMENDMENT NO.     .  Amend House Bill 2553  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Nursing and Advanced Practice Nursing
 5    Act is amended by changing Section 5-15 as follows:

 6        (225 ILCS 65/5-15)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec. 5-15. Policy; application of Act. For the protection
 9    of life and the promotion of health, and  the  prevention  of
10    illness  and  communicable diseases, any person practicing or
11    offering to practice professional and  practical  nursing  in
12    Illinois shall submit evidence that he or she is qualified to
13    practice,  and  shall be licensed as provided under this Act.
14    No person shall practice or offer to practice professional or
15    practical nursing in Illinois or use any title, sign, card or
16    device  to  indicate  that  such  a  person   is   practicing
17    professional or practical nursing unless such person has been
18    licensed under the provisions of this Act.
19        This Act does not prohibit the following:
20             (a)  The  practice  of nursing in Federal employment
21        in the discharge of the employee's duties by a person who
22        is employed  by  the  United  States  government  or  any
 
                            -2-      LRB093 06488 AMC 15309 a
 1        bureau,  division  or  agency  thereof  and  is a legally
 2        qualified  and  licensed  nurse  of  another   state   or
 3        territory  and not in conflict with Sections 10-5, 10-30,
 4        and 10-45 of this Act.
 5             (b)  Nursing that is included in  their  program  of
 6        study  by  students enrolled in programs of nursing or in
 7        current nurse practice update  courses  approved  by  the
 8        Department.
 9             (c)  The  furnishing  of  nursing  assistance  in an
10        emergency.
11             (d)  The practice of nursing by a nurse who holds an
12        active license in another state when  providing  services
13        to patients in Illinois during a bonafide emergency or in
14        immediate preparation for or during interstate transit.
15             (e)  The  incidental  care of the sick by members of
16        the family, domestic servants or housekeepers, or care of
17        the sick where treatment is by prayer or spiritual means.
18             (f)  Persons from being employed as  nursing  aides,
19        attendants,  orderlies,  and  other  auxiliary workers in
20        private homes,  long  term  care  facilities,  nurseries,
21        hospitals or other institutions.
22             (g)  The  practice  of  practical nursing by one who
23        has applied in writing to  the  Department  in  form  and
24        substance  satisfactory  to the Department, for a license
25        as a licensed practical nurse and who has  complied  with
26        all  the  provisions  under  Section  10-30,  except  the
27        passing  of an examination to be eligible to receive such
28        license, until:  the decision of the Department that  the
29        applicant   has   failed   to  pass  the  next  available
30        examination authorized by the Department or  has  failed,
31        without  an  approved  excuse, to take the next available
32        examination authorized by the  Department  or  until  the
33        withdrawal  of  the  application,  but  not  to  exceed 3
34        months. An applicant practicing practical  nursing  under
 
                            -3-      LRB093 06488 AMC 15309 a
 1        this  Section  who  passes  the examination, however, may
 2        continue to practice under this Section until  such  time
 3        as  he  or she receives his or her license to practice or
 4        until the Department notifies him or her that the license
 5        has been denied.  No applicant for  licensure  practicing
 6        under  the  provisions  of  this paragraph shall practice
 7        practical nursing except under the direct supervision  of
 8        a  registered  professional nurse licensed under this Act
 9        or a licensed physician, dentist or  podiatrist.   In  no
10        instance shall any such applicant practice or be employed
11        in any supervisory capacity.
12             (h)  The practice of practical nursing by one who is
13        a licensed practical nurse under the laws of another U.S.
14        jurisdiction   and   has   applied   in  writing  to  the
15        Department, in form and  substance  satisfactory  to  the
16        Department,  for  a license as a licensed practical nurse
17        and who  is  qualified  to  receive  such  license  under
18        Section 10-30, until (1) the expiration of 6 months after
19        the   filing   of   such  written  application,  (2)  the
20        withdrawal of such application, or (3) the denial of such
21        application by the Department.
22             (i)  The practice of professional nursing by one who
23        has applied in writing to  the  Department  in  form  and
24        substance satisfactory to the Department for a license as
25        a registered professional nurse and has complied with all
26        the  provisions under Section 10-30 except the passing of
27        an examination to be eligible to  receive  such  license,
28        until   the decision of the Department that the applicant
29        has  failed  to  pass  the  next  available   examination
30        authorized  by  the  Department or has failed, without an
31        approved excuse, to take the next  available  examination
32        authorized  by  the Department or until the withdrawal of
33        the application, but not to exceed 3 months. An applicant
34        practicing professional nursing under  this  Section  who
 
                            -4-      LRB093 06488 AMC 15309 a
 1        passes the examination, however, may continue to practice
 2        under  this Section until such time as he or she receives
 3        his or her license to practice or  until  the  Department
 4        notifies him or her that the license has been denied.  No
 5        applicant  for  licensure practicing under the provisions
 6        of this paragraph  shall  practice  professional  nursing
 7        except  under  the  direct  supervision  of  a registered
 8        professional  nurse  licensed  under  this  Act.   In  no
 9        instance shall any such applicant practice or be employed
10        in any supervisory capacity.
11             (j)  The practice of professional nursing by one who
12        is a registered professional  nurse  under  the  laws  of
13        another  state, territory of the United States or country
14        and has applied in writing to the Department, in form and
15        substance satisfactory to the Department, for  a  license
16        as  a  registered professional nurse and who is qualified
17        to receive such license under Section 10-30,  until   (1)
18        the  expiration  of  6  months  after  the filing of such
19        written  application,  (2)   the   withdrawal   of   such
20        application, or (3) the denial of such application by the
21        Department.
22             (k)  The  practice  of  professional nursing that is
23        included in a program of study by one who is a registered
24        professional nurse under the laws  of  another  state  or
25        territory  of  the  United  States  or  foreign  country,
26        territory  or  province and who is enrolled in a graduate
27        nursing education program or a program for the completion
28        of a baccalaureate nursing degree in  this  State,  which
29        includes clinical supervision by faculty as determined by
30        the  educational institution offering the program and the
31        health care organization where the  practice  of  nursing
32        occurs.   The  educational institution will file with the
33        Department each academic term a list  of  the  names  and
34        origin  of  license of all professional nurses practicing
 
                            -5-      LRB093 06488 AMC 15309 a
 1        nursing as part of their programs under this provision.
 2             (l)  Any person licensed in  this  State  under  any
 3        other  Act from engaging in the practice for which she or
 4        he is licensed.
 5             (m)  Delegation  to  authorized  direct  care  staff
 6        trained under Section  15.4  of  the  Mental  Health  and
 7        Developmental Disabilities Administrative Act.
 8        An  applicant for license practicing under the exceptions
 9    set forth in subparagraphs (g), (h), (i),  and  (j)  of  this
10    Section  shall  use  the title R.N. Lic. Pend. or L.P.N. Lic.
11    Pend. respectively and no other.
12    (Source: P.A. 90-61,  eff.  12-30-97;  90-248,  eff.  1-1-98;
13    90-655,  eff.  7-30-98;  90-742,  eff.  8-13-98; 91-630, eff.
14    8-19-99.)

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