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093_HB2280eng
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1 AN ACT concerning the licensure of nurses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 5
5 Section 1. Short title. This Article may be cited as
6 the Nurse Licensure Compact Act. In this Article any
7 reference to this Act means this Article.
8 Section 5-5. Nurse Licensure Compact. The State of
9 Illinois ratifies and approves the Nurse Licensure Compact
10 and enters into it with all other jurisdictions that legally
11 join in the compact, which is, in form, substantially as
12 follows:
13 ARTICLE I. Findings and Declaration of Purpose
14 (a) The party states find that:
15 (1) the health and safety of the public are
16 affected by the degree of compliance with and the
17 effectiveness of enforcement activities related to state
18 nurse licensure laws;
19 (2) violations of nurse licensure and other laws
20 regulating the practice of nursing may result in injury
21 or harm to the public;
22 (3) the expanded mobility of nurses and the use of
23 advanced communication technologies as part of our
24 nation's healthcare delivery system require greater
25 coordination and cooperation among states in the areas of
26 nurse licensure and regulation;
27 (4) new practice modalities and technology make
28 compliance with individual state nurse licensure laws
29 difficult and complex;
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1 (5) the current system of duplicative licensure for
2 nurses practicing in multiple states is cumbersome and
3 redundant to both nurses and states.
4 (b) The general purposes of this Compact are to:
5 (1) facilitate the states' responsibility to
6 protect the public's health and safety;
7 (2) ensure and encourage the cooperation of party
8 states in the areas of nurse licensure and regulation;
9 (3) facilitate the exchange of information between
10 party states in the areas of nurse regulation,
11 investigation and adverse actions;
12 (4) promote compliance with the laws governing the
13 practice of nursing in each jurisdiction;
14 (5) invest all party states with the authority to
15 hold a nurse accountable for meeting all state practice
16 laws in the state in which the patient is located at the
17 time care is rendered through the mutual recognition of
18 party state licenses.
19 ARTICLE II. Definitions
20 As used in this Compact:
21 (a) "Adverse Action" means a home or remote state
22 action.
23 (b) "Alternative program" means a voluntary,
24 non-disciplinary monitoring program approved by a nurse
25 licensing board.
26 (c) "Coordinated licensure information system" means an
27 integrated process for collecting, storing, and sharing
28 information on nurse licensure and enforcement activities
29 related to nurse licensure laws, which is administered by a
30 non-profit organization composed of and controlled by state
31 nurse licensing boards.
32 (d) "Current significant investigative information"
33 means:
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1 (1) investigative information that a licensing
2 board, after a preliminary inquiry that includes
3 notification and an opportunity for the nurse to respond
4 if required by state law, has reason to believe is not
5 groundless and, if proved true, would indicate more than
6 a minor infraction; or
7 (2) investigative information that indicates that
8 the nurse represents an immediate threat to public health
9 and safety regardless of whether the nurse has been
10 notified and had an opportunity to respond.
11 (e) "Home state" means the party state which is the
12 nurse's primary state of residence.
13 (f) "Home state action" means any administrative, civil,
14 equitable or criminal action permitted by the home state's
15 laws which are imposed on a nurse by the home state's
16 licensing board or other authority including actions against
17 an individual's license such as: revocation, suspension,
18 probation or any other action which affects a nurse's
19 authorization to practice.
20 (g) "Licensing board" means a party state's regulatory
21 body responsible for issuing nurse licenses.
22 (h) "Multistate licensure privilege" means current,
23 official authority from a remote state permitting the
24 practice of nursing as either a registered nurse or a
25 licensed practical/vocational nurse in such party state. All
26 party states have the authority, in accordance with existing
27 state due process law, to take actions against the nurse's
28 privilege such as: revocation, suspension, probation or any
29 other action which affects a nurse's authorization to
30 practice.
31 (i) "Nurse" means a registered nurse or licensed
32 practical/vocational nurse, as those terms are defined by
33 each party's state practice laws.
34 (j) "Party state" means any state that has adopted this
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1 Compact.
2 (k) "Remote state" means a party state, other than the
3 home state,
4 (1) where the patient is located at the time
5 nursing care is provided, or,
6 (2) in the case of the practice of nursing not
7 involving a patient, in such party state where the
8 recipient of nursing practice is located.
9 (l) "Remote state action" means:
10 (1) any administrative, civil, equitable or
11 criminal action permitted by a remote state's laws which
12 are imposed on a nurse by the remote state's licensing
13 board or other authority including actions against an
14 individual's multistate licensure privilege to practice
15 in the remote state, and
16 (2) cease and desist and other injunctive or
17 equitable orders issued by remote states or the licensing
18 boards thereof.
19 (m) "State" means a state, territory, or possession of
20 the United States, the District of Columbia or the
21 Commonwealth of Puerto Rico.
22 (n) "State practice laws" means those individual party's
23 state laws and regulations that govern the practice of
24 nursing, define the scope of nursing practice, and create the
25 methods and grounds for imposing discipline. "State practice
26 laws" does not include the initial qualifications for
27 licensure or requirements necessary to obtain and retain a
28 license, except for qualifications or requirements of the
29 home state.
30 ARTICLE III. General Provisions and Jurisdiction
31 (a) A license to practice registered nursing issued by a
32 home state to a resident in that state will be recognized by
33 each party state as authorizing a multistate licensure
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1 privilege to practice as a registered nurse in such party
2 state. A license to practice licensed practical/vocational
3 nursing issued by a home state to a resident in that state
4 will be recognized by each party state as authorizing a
5 multistate licensure privilege to practice as a licensed
6 practical/vocational nurse in such party state. In order to
7 obtain or retain a license, an applicant must meet the home
8 state's qualifications for licensure and license renewal as
9 well as all other applicable state laws.
10 (b) Party states may, in accordance with state due
11 process laws, limit or revoke the multistate licensure
12 privilege of any nurse to practice in their state and may
13 take any other actions under their applicable state laws
14 necessary to protect the health and safety of their citizens.
15 If a party state takes such action, it shall promptly notify
16 the administrator of the coordinated licensure information
17 system. The administrator of the coordinated licensure
18 information system shall promptly notify the home state of
19 any such actions by remote states.
20 (c) Every nurse practicing in a party state must comply
21 with the state practice laws of the state in which the
22 patient is located at the time care is rendered. In addition,
23 the practice of nursing is not limited to patient care, but
24 shall include all nursing practice as defined by the state
25 practice laws of a party state. The practice of nursing will
26 subject a nurse to the jurisdiction of the nurse licensing
27 board and the courts, as well as the laws, in that party
28 state.
29 (d) This Compact does not affect additional requirements
30 imposed by states for advanced practice registered nursing.
31 However, a multistate licensure privilege to practice
32 registered nursing granted by a party state shall be
33 recognized by other party states as a license to practice
34 registered nursing if one is required by state law as a
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1 precondition for qualifying for advanced practice registered
2 nurse authorization.
3 (e) Individuals not residing in a party state shall
4 continue to be able to apply for nurse licensure as provided
5 for under the laws of each party state. However, the license
6 granted to these individuals will not be recognized as
7 granting the privilege to practice nursing in any other party
8 state unless explicitly agreed to by that party state.
9 ARTICLE IV. Applications for Licensure in a Party State
10 (a) Upon application for a license, the licensing board
11 in a party state shall ascertain, through the coordinated
12 licensure information system, whether the applicant has ever
13 held, or is the holder of, a license issued by any other
14 state, whether there are any restrictions on the multistate
15 licensure privilege, and whether any other adverse action by
16 any state has been taken against the license.
17 (b) A nurse in a party state shall hold licensure in
18 only one party state at a time, issued by the home state.
19 (c) A nurse who intends to change primary state of
20 residence may apply for licensure in the new home state in
21 advance of such change. However, new licenses will not be
22 issued by a party state until after a nurse provides evidence
23 of change in primary state of residence satisfactory to the
24 new home state's licensing board.
25 (d) When a nurse changes primary state of residence by:
26 (1) moving between two party states, and obtains a
27 license from the new home state, the license from the
28 former home state is no longer valid;
29 (2) moving from a non-party state to a party state,
30 and obtains a license from the new home state, the
31 individual state license issued by the non-party state is
32 not affected and will remain in full force if so provided
33 by the laws of the non-party state;
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1 (3) moving from a party state to a non-party state,
2 the license issued by the prior home state converts to an
3 individual state license, valid only in the former home
4 state, without the multistate licensure privilege to
5 practice in other party states.
6 ARTICLE V. Adverse Actions
7 In addition to the General Provisions described in
8 Article III, the following provisions apply:
9 (a) The licensing board of a remote state shall promptly
10 report to the administrator of the coordinated licensure
11 information system any remote state actions including the
12 factual and legal basis for such action, if known. The
13 licensing board of a remote state shall also promptly report
14 any significant current investigative information yet to
15 result in a remote state action. The administrator of the
16 coordinated licensure information system shall promptly
17 notify the home state of any such reports.
18 (b) The licensing board of a party state shall have the
19 authority to complete any pending investigations for a nurse
20 who changes primary state of residence during the course of
21 such investigations. It shall also have the authority to take
22 appropriate action(s), and shall promptly report the
23 conclusions of such investigations to the administrator of
24 the coordinated licensure information system. The
25 administrator of the coordinated licensure information system
26 shall promptly notify the new home state of any such actions.
27 (c) A remote state may take adverse action affecting the
28 multistate licensure privilege to practice within that party
29 state. However, only the home state shall have the power to
30 impose adverse action against the license issued by the home
31 state.
32 (d) For purposes of imposing adverse action, the
33 licensing board of the home state shall give the same
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1 priority and effect to reported conduct received from a
2 remote state as it would if such conduct had occurred within
3 the home state. In so doing, it shall apply its own state
4 laws to determine appropriate action.
5 (e) The home state may take adverse action based on the
6 factual findings of the remote state, so long as each state
7 follows its own procedures for imposing such adverse action.
8 (f) Nothing in this Compact shall override a party
9 state's decision that participation in an alternative program
10 may be used in lieu of licensure action and that such
11 participation shall remain non-public if required by the
12 party state's laws. Party states must require nurses who
13 enter any alternative programs to agree not to practice in
14 any other party state during the term of the alternative
15 program without prior authorization from such other party
16 state.
17 ARTICLE VI. Additional Authorities Invested
18 in Party State Nurse Licensing Boards
19 Notwithstanding any other powers, party state nurse
20 licensing boards shall have the authority to:
21 (a) if otherwise permitted by state law, recover from
22 the affected nurse the costs of investigations and
23 disposition of cases resulting from any adverse action taken
24 against that nurse;
25 (b) issue subpoenas for both hearings and investigations
26 which require the attendance and testimony of witnesses, and
27 the production of evidence. Subpoenas issued by a nurse
28 licensing board in a party state for the attendance and
29 testimony of witnesses, and/or the production of evidence
30 from another party state, shall be enforced in the latter
31 state by any court of competent jurisdiction, according to
32 the practice and procedure of that court applicable to
33 subpoenas issued in proceedings pending before it. The
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1 issuing authority shall pay any witness fees, travel
2 expenses, mileage and other fees required by the service
3 statutes of the state where the witnesses and/or evidence are
4 located;
5 (c) issue cease and desist orders to limit or revoke a
6 nurse's authority to practice in their state;
7 (d) promulgate uniform rules and regulations as provided
8 for in Article VIII(c).
9 ARTICLE VII. Coordinated Licensure Information System
10 (a) All party states shall participate in a cooperative
11 effort to create a coordinated data base of all licensed
12 registered nurses and licensed practical/vocational nurses.
13 This system will include information on the licensure and
14 disciplinary history of each nurse, as contributed by party
15 states, to assist in the coordination of nurse licensure and
16 enforcement efforts.
17 (b) Notwithstanding any other provision of law, all
18 party states' licensing boards shall promptly report adverse
19 actions, actions against multistate licensure privileges, any
20 current significant investigative information yet to result
21 in adverse action, denials of applications, and the reasons
22 for such denials, to the coordinated licensure information
23 system.
24 (c) Current significant investigative information shall
25 be transmitted through the coordinated licensure information
26 system only to party state licensing boards.
27 (d) Notwithstanding any other provision of law, all
28 party states' licensing boards contributing information to
29 the coordinated licensure information system may designate
30 information that may not be shared with non-party states or
31 disclosed to other entities or individuals without the
32 express permission of the contributing state.
33 (e) Any personally identifiable information obtained by
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1 a party states' licensing board from the coordinated
2 licensure information system may not be shared with non-party
3 states or disclosed to other entities or individuals except
4 to the extent permitted by the laws of the party state
5 contributing the information.
6 (f) Any information contributed to the coordinated
7 licensure information system that is subsequently required to
8 be expunged by the laws of the party state contributing that
9 information, shall also be expunged from the coordinated
10 licensure information system.
11 (g) The Compact administrators, acting jointly with each
12 other and in consultation with the administrator of the
13 coordinated licensure information system, shall formulate
14 necessary and proper procedures for the identification,
15 collection and exchange of information under this Compact.
16 ARTICLE VIII. Compact Administration and
17 Interchange of Information
18 (a) The head of the nurse licensing board, or his/her
19 designee, of each party state shall be the administrator of
20 this Compact for his/her state.
21 (b) The Compact administrator of each party state shall
22 furnish to the Compact administrator of each other party
23 state any information and documents including, but not
24 limited to, a uniform data set of investigations, identifying
25 information, licensure data, and disclosable alternative
26 program participation information to facilitate the
27 administration of this Compact.
28 (c) Compact administrators shall have the authority to
29 develop uniform rules to facilitate and coordinate
30 implementation of this Compact. These uniform rules shall be
31 adopted by party states, under the authority invested under
32 Article VI(d).
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1 ARTICLE IX. Immunity
2 No party state or the officers or employees or agents of
3 a party state's nurse licensing board who acts in accordance
4 with the provisions of this Compact shall be liable on
5 account of any act or omission in good faith while engaged in
6 the performance of their duties under this Compact. Good
7 faith in this article shall not include willful misconduct,
8 gross negligence, or recklessness.
9 ARTICLE X. Entry into Force, Withdrawal and Amendment
10 (a) This Compact shall enter into force and become
11 effective as to any state when it has been enacted into the
12 laws of that state. Any party state may withdraw from this
13 Compact by enacting a statute repealing the same, but no such
14 withdrawal shall take effect until six months after the
15 withdrawing state has given notice of the withdrawal to the
16 executive heads of all other party states.
17 (b) No withdrawal shall affect the validity or
18 applicability by the licensing boards of states remaining
19 party to the Compact of any report of adverse action
20 occurring prior to the withdrawal.
21 (c) Nothing contained in this Compact shall be construed
22 to invalidate or prevent any nurse licensure agreement or
23 other cooperative arrangement between a party state and a
24 non-party state that is made in accordance with the other
25 provisions of this Compact.
26 (d) This Compact may be amended by the party states. No
27 amendment to this Compact shall become effective and binding
28 upon the party states unless and until it is enacted into the
29 laws of all party states.
30 ARTICLE XI. Construction and Severability
31 (a) This Compact shall be liberally construed so as to
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1 effectuate the purposes thereof. The provisions of this
2 Compact shall be severable and if any phrase, clause,
3 sentence or provision of this Compact is declared to be
4 contrary to the constitution of any party state or of the
5 United States or the applicability thereof to any government,
6 agency, person or circumstance is held invalid, the validity
7 of the remainder of this Compact and the applicability
8 thereof to any government, agency, person or circumstance
9 shall not be affected thereby. If this Compact shall be held
10 contrary to the constitution of any state party thereto, the
11 Compact shall remain in full force and effect as to the
12 remaining party states and in full force and effect as to the
13 party state affected as to all severable matters.
14 (b) In the event party states find a need for settling
15 disputes arising under this Compact:
16 (1) The party states may submit the issues in
17 dispute to an arbitration panel which will be comprised
18 of an individual appointed by the Compact administrator
19 in the home state; an individual appointed by the Compact
20 administrator in the remote state(s) involved; and an
21 individual mutually agreed upon by the Compact
22 administrators of all the party states involved in the
23 dispute.
24 (2) The decision of a majority of the arbitrators
25 shall be final and binding.
26 Section 5-10. Compact administrator. The head of the
27 nurse licensing board as used to define the compact
28 administrator in Article VIII(a) of the Compact shall mean
29 the Nursing Act Coordinator as defined under Section 10-15 of
30 the Nursing and Advanced Practice Nursing Act.
31 Section 5-15. Compact Evaluation Initiative. Upon the
32 effective date of this Compact, the licensing board shall
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1 participate in a Compact Evaluation Initiative designed to
2 evaluate the effectiveness and operability of the Compact.
3 Such Compact Evaluation Initiative shall be conducted by an
4 outside researcher. A component of the Evaluation shall
5 include a remote state identification system through which
6 nurses shall designate those remote states in which the nurse
7 is practicing. A nurse's practice information in such
8 identification system shall be updated upon issuance and
9 renewal of the nurse license. The Evaluation shall continue
10 until the year 2005, after which time a report shall be
11 produced for comment by the participating licensing boards
12 and shall be submitted to the General Assembly in the form of
13 a Nurse Licensure Compact evaluation report.
14 Section 5-20. Costs of investigation and disposition of
15 cases. To facilitate cross-state enforcement efforts, the
16 General Assembly finds that it is necessary for Illinois to
17 have the power to recover from the affected nurse the costs
18 of investigations and disposition of cases resulting from
19 adverse actions taken by this State against that nurse.
20 Section 5-25. Statutory obligations. This Compact is
21 designed to facilitate the regulation of nurses and does not
22 relieve employers from complying with statutorily imposed
23 obligations.
24 Section 5-30. State labor laws. This Compact does not
25 supersede existing State labor laws.
26 ARTICLE 10
27 Section 10-1. Short title. This Article may be cited as
28 the Advanced Practice Registered Nurse Compact Act. In this
29 Article, any reference to this Act means this Article.
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1 Section 10-5. Ratification and approval of compact. The
2 advanced practice registered nurse compact is hereby enacted
3 into law and entered into on behalf of this State with any
4 state that legally joins therein in substantially the
5 following form:
6 ARTICLE I
7 Findings and Declaration of Purpose
8 (a) The party states find that:
9 (1) The health and safety of the public are
10 affected by the degree of compliance with APRN
11 licensure/authority to practice requirements and the
12 effectiveness of enforcement activities related to state
13 APRN licensure/authority to practice laws;
14 (2) Violations of APRN licensure/authority to
15 practice and other laws regulating the practice of
16 nursing may result in injury or harm to the public;
17 (3) The expanded mobility of APRNs and the use of
18 advanced communication technologies as part of our
19 nation's health care delivery system require greater
20 coordination and cooperation among states in the areas of
21 APRN licensure/authority to practice and regulation;
22 (4) New practice modalities and technology make
23 compliance with individual state APRN licensure/authority
24 to practice laws difficult and complex;
25 (5) The current system of duplicative APRN
26 licensure/authority to practice for APRNs practicing in
27 multiple states is cumbersome and redundant to both APRNs
28 and states;
29 (6) Uniformity of APRN requirements throughout the
30 states promotes public safety and public health benefits;
31 and
32 (7) Access to APRN services increases the public's
33 access to health care, particularly in rural and
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1 underserved areas.
2 (b) The general purposes of this Compact are to:
3 (1) Facilitate the states' responsibilities to
4 protect the public's health and safety;
5 (2) Ensure and encourage the cooperation of party
6 states in the areas of APRN licensure/authority to
7 practice and regulation including promotion of uniform
8 licensure requirements;
9 (3) Facilitate the exchange of information between
10 party states in the areas of APRN regulation,
11 investigation and adverse actions;
12 (4) Promote compliance with the laws governing APRN
13 practice in each jurisdiction; and
14 (5) Invest all party states with the authority to
15 hold an APRN accountable for meeting all state practice
16 laws in the state in which the patient is located at the
17 time care is rendered through the mutual recognition of
18 party state licenses.
19 ARTICLE II
20 Definitions
21 As used in this Compact:
22 (a) "Advanced Practice Registered Nurse" or "APRN" means
23 a Nurse Anesthetist; Nurse Practitioner; Nurse Midwife; or
24 Clinical Nurse Specialist to the extent a party state
25 licenses or grants authority to practice in that APRN role
26 and title.
27 (b) "Adverse Action" means a home or remote state
28 disciplinary action.
29 (c) "Alternative program" means a voluntary,
30 non-disciplinary monitoring program approved by a licensing
31 board.
32 (d) "APRN Licensure/Authority to Practice" means the
33 regulatory mechanism used by a party state to grant legal
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1 authority to practice as an APRN.
2 (e) "APRN Uniform Licensure/Authority to Practice
3 Requirements" means those agreed upon minimum uniform
4 licensure, education and examination requirements adopted by
5 licensing boards for the recognized APRN role and title.
6 (f) "Coordinated licensure information system" means an
7 integrated process for collecting, storing and sharing
8 information on APRN licensure/authority to practice and
9 enforcement activities related to APRN licensure/authority to
10 practice laws, which is administered by a non-profit
11 organization composed of and controlled by state licensing
12 boards.
13 (g) "Current significant investigative information"
14 means:
15 (1) Investigative information that a licensing
16 board, after a preliminary inquiry that includes
17 notification and an opportunity for the APRN to respond
18 if required by state law, has reason to believe is not
19 groundless and, if proved true, would indicate more than
20 a minor infraction; or
21 (2) Investigative information that indicates that
22 the APRN represents an immediate threat to public health
23 and safety regardless of whether the APRN has been
24 notified and had an opportunity to respond.
25 (h) "Home state" means the party state that is the
26 APRN's primary state of residence.
27 (i) "Home state action" means any administrative, civil,
28 equitable or criminal action permitted by the home state's
29 laws which are imposed on an APRN by the home state's
30 licensing board or other authority including actions against
31 an individual's license/authority to practice such as:
32 revocation, suspension, probation or any other action which
33 affects an APRN's authorization to practice.
34 (j) "Licensing board" means a party state's regulatory
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1 body responsible for issuing APRN licensure/authority to
2 practice.
3 (k) "Multistate advanced practice privilege" means
4 current authority from a remote state permitting an APRN to
5 practice in that state in the same role and title as the APRN
6 is licensed/authorized to practice in the home state to the
7 extent that the remote state laws recognize such APRN role
8 and title. A remote state has the authority, in accordance
9 with existing state due process laws, to take actions against
10 the APRN's privilege, including revocation, suspension,
11 probation, or any other action that affects an APRN's
12 multistate privilege to practice.
13 (l) "Party state" means any state that has adopted this
14 Compact.
15 (m) "Prescriptive authority" means the legal authority
16 to prescribe medications and devices as defined by party
17 state laws.
18 (n) "Remote state" means a party state, other than the
19 home state,
20 (1) Where the patient is located at the time APRN
21 care is provided, or
22 (2) In the case of APRN practice not involving a
23 patient, in such party state where the recipient of APRN
24 practice is located.
25 (o) "Remote state action" means:
26 (1) Any administrative, civil, equitable or
27 criminal action permitted by a remote state's laws which
28 are imposed on an APRN by the remote state's licensing
29 board or other authority including actions against an
30 individual's multistate advanced practice privilege in
31 the remote state, and
32 (2) Cease and desist and other injunctive or
33 equitable orders issued by remote states or the licensing
34 boards thereof.
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1 (p) "State" means a state, territory, or possession of
2 the United States.
3 (q) "State practice laws" means a party state's laws and
4 regulations that govern APRN practice, define the scope of
5 advanced nursing practice including prescriptive authority,
6 and create the methods and grounds for imposing discipline.
7 State practice laws do not include the requirements necessary
8 to obtain and retain APRN licensure/authority to practice as
9 an APRN, except for qualifications or requirements of the
10 home state.
11 (r) "Unencumbered" means that a state has no current
12 disciplinary action against an APRN's license/authority to
13 practice.
14 ARTICLE III
15 General Provisions and Jurisdiction
16 (a) All party states shall participate in the Nurse
17 Licensure Compact for registered nurses and licensed
18 practical/vocational nurses in order to enter into the APRN
19 Compact.
20 (b) No state shall enter the APRN Compact until the
21 state adopts, at a minimum, the APRN Uniform
22 Licensure/Authority to Practice Requirements for each APRN
23 role and title recognized by the state seeking to enter the
24 APRN Compact.
25 (c) APRN Licensure/Authority to practice issued by a
26 home state to a resident in that state will be recognized by
27 each party state as authorizing a multistate advanced
28 practice privilege to the extent that the role and title are
29 recognized by each party state. To obtain or retain APRN
30 licensure/authority to practice as an APRN, an applicant must
31 meet the home state's qualifications for authority or renewal
32 of authority as well as all other applicable state laws.
33 (d) The APRN multistate advanced practice privilege does
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1 not include prescriptive authority, and does not affect any
2 requirements imposed by states to grant to an APRN initial
3 and continuing prescriptive authority according to state
4 practice laws. However, a party state may grant prescriptive
5 authority to an individual on the basis of a multistate
6 advanced practice privilege to the extent permitted by state
7 practice laws.
8 (e) A party state may, in accordance with state due
9 process laws, limit or revoke the multistate advanced
10 practice privilege in the party state and may take any other
11 necessary actions under the party state's applicable laws to
12 protect the health and safety of the party state's citizens.
13 If a party state takes action, the party state shall promptly
14 notify the administrator of the coordinated licensure
15 information system. The administrator of the coordinated
16 licensure information system shall promptly notify the home
17 state of any such actions by remote states.
18 (f) An APRN practicing in a party state must comply with
19 the state practice laws of the state in which the patient is
20 located at the time care is provided. The APRN practice
21 includes patient care and all advanced nursing practice
22 defined by the party state's practice laws. The APRN
23 practice will subject an APRN to the jurisdiction of the
24 licensing board, the courts, and the laws of the party state.
25 (g) Individuals not residing in a party state may apply
26 for APRN licensure/authority to practice as an APRN under the
27 laws of a party state. However, the authority to practice
28 granted to these individuals will not be recognized as
29 granting the privilege to practice as an APRN in any other
30 party state unless explicitly agreed to by that party state.
31 ARTICLE IV
32 Applications for APRN Licensure/Authority
33 to Practice in a Party State
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1 (a) Once an application for APRN licensure/authority to
2 practice is submitted, a party state shall ascertain, through
3 the Coordinated Licensure Information System, whether:
4 (1) The applicant has held or is the holder of a
5 nursing license/authority to practice issued by another
6 state;
7 (2) The applicant has had a history of previous
8 disciplinary action by any state;
9 (3) An encumbrance exists on any license/authority
10 to practice; and
11 (4) Any other adverse action by any other state has
12 been taken against a license/authority to practice.
13 This information may be used in approving or denying an
14 application for APRN licensure/authority to practice.
15 (b) An APRN in a party state shall hold APRN
16 licensure/authority to practice in only one party state at a
17 time, issued by the home state.
18 (c) An APRN who intends to change primary state of
19 residence may apply for APRN licensure/authority to practice
20 in the new home state in advance of such change. However,
21 new licensure/authority to practice will not be issued by a
22 party state until after an APRN provides evidence of change
23 in primary state of residence satisfactory to the new home
24 state's licensing board.
25 (d) When an APRN changes primary state of residence by:
26 (1) Moving between two party states, and obtains
27 APRN licensure/authority to practice from the new home
28 state, the APRN licensure/authority to practice from the
29 former home state is no longer valid;
30 (2) Moving from a non-party state to a party state,
31 and obtains APRN licensure/authority to practice from the
32 new home state, the individual state license issued by
33 the non-party state is not affected and will remain in
34 full force if so provided by the laws of the non-party
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1 state;
2 (3) Moving from a party state to a non-party state,
3 the APRN licensure/authority to practice issued by the
4 prior home state converts to an individual state license,
5 valid only in the former home state, without the
6 multistate licensure privilege to practice in other party
7 states.
8 ARTICLE V
9 Adverse Actions
10 In addition to the General Provisions described in
11 Article III, the following provisions apply:
12 (a) The licensing board of a remote state shall promptly
13 report to the administrator of the coordinated licensure
14 information system any remote state actions including the
15 factual and legal basis for such action, if known. The
16 licensing board of a remote state shall also promptly report
17 any significant current investigative information yet to
18 result in a remote state action. The administrator of the
19 coordinated licensure information system shall promptly
20 notify the home state of any such reports.
21 (b) The licensing board of a party state shall have the
22 authority to complete any pending investigations for an APRN
23 who changes primary state of residence during the course of
24 such investigations. It shall also have the authority to take
25 appropriate action(s), and shall promptly report the
26 conclusions of such investigations to the administrator of
27 the coordinated licensure information system. The
28 administrator of the coordinated licensure information system
29 shall promptly notify the new home state of any such actions.
30 (c) A remote state may take adverse action affecting the
31 multistate advanced practice privilege to practice within
32 that party state. However, only the home state shall have the
33 power to impose adverse action against the APRN
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1 licensure/authority to practice issued by the home state.
2 (d) For purposes of imposing adverse action, the
3 licensing board of the home state shall give the same
4 priority and effect to reported conduct received from a
5 remote state as it would if such conduct had occurred within
6 the home state. In so doing, it shall apply its own state
7 laws to determine appropriate action.
8 (e) The home state may take adverse action based on the
9 factual findings of the remote state, so long as each state
10 follows its own procedures for imposing such adverse action.
11 (f) Nothing in this Compact shall override a party
12 state's decision that participation in an alternative program
13 may be used in lieu of adverse action and that such
14 participation shall remain non-public if required by the
15 party state's laws. Party states must require APRNs who enter
16 any alternative programs to agree not to practice in any
17 other party state during the term of the alternative program
18 without prior authorization from such other party state.
19 (g) All home state licensing board disciplinary orders,
20 agreed or otherwise, which limit the scope of the APRN's
21 practice or require monitoring of the APRN as a condition of
22 the order shall include the requirements that the APRN will
23 limit her or his practice to the home state during the
24 pendency of the order. This requirement may allow the APRN to
25 practice in other party states with prior written
26 authorization from both the home state and party state
27 licensing boards.
28 ARTICLE VI
29 Additional Authorities Invested in Party State
30 Licensing Boards
31 Notwithstanding any other powers, party state licensing
32 boards shall have the authority to:
33 (a) If otherwise permitted by state law, recover from
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1 the affected APRN the costs of investigations and disposition
2 of cases resulting from any adverse action taken against that
3 APRN;
4 (b) Issue subpoenas for both hearings and
5 investigations, which require the attendance and testimony of
6 witnesses, and the production of evidence. Subpoenas issued
7 by a licensing board in a party state for the attendance and
8 testimony of witnesses, and/or the production of evidence
9 from another party state, shall be enforced in the latter
10 state by any court of competent jurisdiction, according to
11 the practice and procedure of that court applicable to
12 subpoenas issued in proceedings pending before it. The
13 issuing authority shall pay any witness fees, travel
14 expenses, mileage and other fees required by the service
15 statutes of the state where the witnesses and/or evidence are
16 located;
17 (c) Issue cease and desist orders to limit or revoke an
18 APRN's privilege or licensure/authority to practice in their
19 state; and
20 (d) Promulgate uniform rules and regulations as provided
21 for in Article VIII(c).
22 ARTICLE VII
23 Coordinated Licensure Information System
24 (a) All party states shall participate in a cooperative
25 effort to create a coordinated database of all APRNs. This
26 system will include information on the APRN
27 licensure/authority to practice and disciplinary history of
28 each APRN, as contributed by party states, to assist in the
29 coordination of APRN licensure/authority to practice and
30 enforcement efforts.
31 (b) Notwithstanding any other provision of law, all
32 party states' licensing boards shall promptly report adverse
33 actions, actions against multistate advanced practice
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1 privileges, any current significant investigative information
2 yet to result in adverse action, denials of applications, and
3 the reasons for such denials, to the coordinated licensure
4 information system.
5 (c) Current significant investigative information shall
6 be transmitted through the coordinated licensure information
7 system only to party state licensing boards.
8 (d) Notwithstanding any other provision of law, all
9 party states' licensing boards contributing information to
10 the coordinated licensure information system may designate
11 information that may not be shared with non-party states or
12 disclosed to other entities or individuals without the
13 express permission of the contributing state.
14 (e) Any personally identifiable information obtained by
15 a party states' licensing board from the coordinated
16 licensure information system may not be shared with non-party
17 states or disclosed to other entities or individuals except
18 to the extent permitted by the laws of the party state
19 contributing the information.
20 (f) Any information contributed to the coordinated
21 licensure information system that is subsequently required to
22 be expunged by the laws of the party state contributing that
23 information, shall also be expunged from the coordinated
24 licensure information system.
25 (g) The Compact administrators, acting jointly with each
26 other and in consultation with the administrator of the
27 coordinated licensure information system, shall formulate
28 necessary and proper procedures for the identification,
29 collection and exchange of information under this Compact.
30 ARTICLE VIII
31 Compact Administration and Interchange of Information
32 (a) The head of the licensing board, or his/her
33 designee, of each party state shall be the administrator of
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1 this Compact for his/her state.
2 (b) The Compact administrator of each party state shall
3 furnish to the Compact administrator of each other party
4 state any information and documents including, but not
5 limited to, a uniform data set of investigations, identifying
6 information, licensure data, and disclosable alternative
7 program participation information to facilitate the
8 administration of this Compact.
9 (c) Compact administrators shall have the authority to
10 develop uniform rules to facilitate and coordinate
11 implementation of this Compact. These uniform rules shall be
12 adopted by party states, under the authority invested under
13 Article VI(d).
14 ARTICLE IX
15 Immunity
16 No party state or the officers or employees or agents of
17 a party state's licensing board who acts in accordance with
18 the provisions of this Compact shall be liable on account of
19 any act or omission in good faith while engaged in the
20 performance of their duties under this Compact. Good faith in
21 this article shall not include willful misconduct, gross
22 negligence, or recklessness.
23 ARTICLE X
24 Entry into Force, Withdrawal and Amendment
25 (a) This Compact shall enter into force and become
26 effective as to any state when it has been enacted into the
27 laws of that state. Any party state may withdraw from this
28 Compact by enacting a statute repealing the same, but no such
29 withdrawal shall take effect until six months after the
30 withdrawing state has given notice of the withdrawal to the
31 executive heads of all other party states.
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1 (b) No withdrawal shall affect the validity or
2 applicability by the licensing boards of states remaining
3 party to the Compact of any report of adverse action
4 occurring prior to the withdrawal.
5 (c) Nothing contained in this Compact shall be construed
6 to invalidate or prevent any APRN licensure/authority to
7 practice agreement or other cooperative arrangement between a
8 party state and a non-party state that is made in accordance
9 with the other provisions of this Compact.
10 (d) This Compact may be amended by the party states. No
11 amendment to this Compact shall become effective and binding
12 upon the party states unless and until it is enacted into the
13 laws of all party states.
14 ARTICLE XI
15 Construction and Severability
16 (a) This Compact shall be liberally construed so as to
17 effectuate the purposes thereof. The provisions of this
18 Compact shall be severable and if any phrase, clause,
19 sentence or provision of this Compact is declared to be
20 contrary to the constitution of any party state or of the
21 United States or the applicability thereof to any government,
22 agency, person or circumstance is held invalid, the validity
23 of the remainder of this Compact and the applicability
24 thereof to any government, agency, person or circumstance
25 shall not be affected thereby. If this Compact shall be held
26 contrary to the constitution of any state party thereto, the
27 Compact shall remain in full force and effect as to the
28 remaining party states and in full force and effect as to the
29 party state affected as to all severable matters.
30 (b) In the event party states find a need for settling
31 disputes arising under this Compact:
32 (1) The party states may submit the issues in
33 dispute to an arbitration panel which will be comprised
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1 of an individual appointed by the Compact administrator
2 in the home state; an individual appointed by the Compact
3 administrator in the remote state(s) involved; and an
4 individual mutually agreed upon by the Compact
5 administrators of all the party states involved in the
6 dispute.
7 (2) The decision of a majority of the arbitrators
8 shall be final and binding.
9 Section 10. Compact administrator; expenses.
10 (a) The Director of Professional Regulation shall serve
11 as the compact administrator for this State and any expenses
12 he or she incurs in so serving shall be paid from the
13 appropriation for the ordinary and contingent expenses of the
14 Department of Professional Regulation.
15 (b) The Director shall terminate Illinois' participation
16 in the compact if the APRN Uniform Licensure/Authority to
17 Practice Requirements are substantially changed after the
18 effective date of this Act. A substantial change is anything
19 that significantly alters the individual professional
20 qualifications for participation in the compact such as no
21 longer requiring either certification by a national
22 accreditation body in the APRN's specialty appropriate to
23 educational preparation or completion of a graduate level
24 APRN educational program accredited by a national
25 accreditation body. If the Director terminates Illinois'
26 participation in the compact, then the Director shall provide
27 all APRNs practicing in Illinois under the compact at the
28 time 60 days written notice of the termination.
29 (c) All APRNs practicing in Illinois under the compact
30 at the time of registration with the Department of
31 Professional Regulation shall be required to sign a notarized
32 statement of understanding and agreement to practice within
33 the scope of practice requirements for advanced practice
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1 nurses in Illinois under the Nursing and Advanced Practice
2 Nursing Act. The Department shall prepare the form to be
3 used.
4 ARTICLE 90
5 Section 90-5. The Nursing and Advanced Practice Nursing
6 Act is amended by changing Sections 5-10, 5-15, and 10-30 as
7 follows:
8 (225 ILCS 65/5-10)
9 (Section scheduled to be repealed on January 1, 2008)
10 Sec. 5-10. Definitions. Each of the following terms,
11 when used in this Act, shall have the meaning ascribed to it
12 in this Section, except where the context clearly indicates
13 otherwise:
14 (a) "Department" means the Department of Professional
15 Regulation.
16 (b) "Director" means the Director of Professional
17 Regulation.
18 (c) "Board" means the Board of Nursing appointed by the
19 Director.
20 (d) "Academic year" means the customary annual schedule
21 of courses at a college, university, or approved school,
22 customarily regarded as the school year as distinguished from
23 the calendar year.
24 (e) "Approved program of professional nursing education"
25 and "approved program of practical nursing education" are
26 programs of professional or practical nursing, respectively,
27 approved by the Department under the provisions of this Act.
28 (f) "Nursing Act Coordinator" means a registered
29 professional nurse appointed by the Director to carry out the
30 administrative policies of the Department.
31 (g) "Assistant Nursing Act Coordinator" means a
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1 registered professional nurse appointed by the Director to
2 assist in carrying out the administrative policies of the
3 Department.
4 (h) "Registered" is the equivalent of "licensed".
5 (i) "Practical nurse" or "licensed practical nurse"
6 means a person who is licensed as a practical nurse under
7 this Act or holds the privilege to practice under this Act
8 and practices practical nursing as defined in paragraph (j)
9 of this Section. Only a practical nurse licensed or granted
10 the privilege to practice under this Act is entitled to use
11 the title "licensed practical nurse" and the abbreviation
12 "L.P.N.".
13 (j) "Practical nursing" means the performance of nursing
14 acts requiring the basic nursing knowledge, judgement, and
15 skill acquired by means of completion of an approved
16 practical nursing education program. Practical nursing
17 includes assisting in the nursing process as delegated by and
18 under the direction of a registered professional nurse. The
19 practical nurse may work under the direction of a licensed
20 physician, dentist, podiatrist, or other health care
21 professional determined by the Department.
22 (k) "Registered Nurse" or "Registered Professional
23 Nurse" means a person who is licensed as a professional nurse
24 under this Act or holds the privilege to practice under this
25 Act and practices nursing as defined in paragraph (l) of this
26 Section. Only a registered nurse licensed or granted the
27 privilege to practice under this Act is entitled to use the
28 titles "registered nurse" and "registered professional nurse"
29 and the abbreviation, "R.N.".
30 (l) "Registered professional nursing practice" includes
31 all nursing specialities and means the performance of any
32 nursing act based upon professional knowledge, judgment, and
33 skills acquired by means of completion of an approved
34 registered professional nursing education program. A
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1 registered professional nurse provides nursing care
2 emphasizing the importance of the whole and the
3 interdependence of its parts through the nursing process to
4 individuals, groups, families, or communities, that includes
5 but is not limited to: (1) the assessment of healthcare
6 needs, nursing diagnosis, planning, implementation, and
7 nursing evaluation; (2) the promotion, maintenance, and
8 restoration of health; (3) counseling, patient education,
9 health education, and patient advocacy; (4) the
10 administration of medications and treatments as prescribed by
11 a physician licensed to practice medicine in all of its
12 branches, a licensed dentist, a licensed podiatrist, or a
13 licensed optometrist or as prescribed by a physician
14 assistant in accordance with written guidelines required
15 under the Physician Assistant Practice Act of 1987 or by an
16 advanced practice nurse in accordance with a written
17 collaborative agreement required under the Nursing and
18 Advanced Practice Nursing Act; (5) the coordination and
19 management of the nursing plan of care; (6) the delegation to
20 and supervision of individuals who assist the registered
21 professional nurse implementing the plan of care; and (7)
22 teaching and supervision of nursing students. The foregoing
23 shall not be deemed to include those acts of medical
24 diagnosis or prescription of therapeutic or corrective
25 measures that are properly performed only by physicians
26 licensed in the State of Illinois.
27 (m) "Current nursing practice update course" means a
28 planned nursing education curriculum approved by the
29 Department consisting of activities that have educational
30 objectives, instructional methods, content or subject matter,
31 clinical practice, and evaluation methods, related to basic
32 review and updating content and specifically planned for
33 those nurses previously licensed in the United States or its
34 territories and preparing for reentry into nursing practice.
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1 (n) "Professional assistance program for nurses" means a
2 professional assistance program that meets criteria
3 established by the Board of Nursing and approved by the
4 Director, which provides a non-disciplinary treatment
5 approach for nurses licensed under this Act whose ability to
6 practice is compromised by alcohol or chemical substance
7 addiction.
8 (o) "Privilege to practice" means the authorization to
9 practice as a practical nurse or a registered nurse in the
10 State under the Nurse Licensure Compact.
11 (p) "License" or "licensed" means the permission granted
12 a person to practice nursing under this Act, including the
13 privilege to practice.
14 (q) "Licensee" means a person who has been issued a
15 license to practice nursing in the state or who holds the
16 privilege to practice nursing in this State.
17 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
18 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
19 (225 ILCS 65/5-15)
20 (Section scheduled to be repealed on January 1, 2008)
21 Sec. 5-15. Policy; application of Act. For the protection
22 of life and the promotion of health, and the prevention of
23 illness and communicable diseases, any person practicing or
24 offering to practice professional and practical nursing in
25 Illinois shall submit evidence that he or she is qualified to
26 practice, and shall be licensed or hold the privilege to
27 practice as provided under this Act. No person shall
28 practice or offer to practice professional or practical
29 nursing in Illinois or use any title, sign, card or device to
30 indicate that such a person is practicing professional or
31 practical nursing unless such person has been licensed or
32 holds the privilege to practice under the provisions of this
33 Act.
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1 This Act does not prohibit the following:
2 (a) The practice of nursing in Federal employment
3 in the discharge of the employee's duties by a person who
4 is employed by the United States government or any
5 bureau, division or agency thereof and is a legally
6 qualified and licensed nurse of another state or
7 territory and not in conflict with Sections 10-5, 10-30,
8 and 10-45 of this Act.
9 (b) Nursing that is included in their program of
10 study by students enrolled in programs of nursing or in
11 current nurse practice update courses approved by the
12 Department.
13 (c) The furnishing of nursing assistance in an
14 emergency.
15 (d) The practice of nursing by a nurse who holds an
16 active license in another state when providing services
17 to patients in Illinois during a bonafide emergency or in
18 immediate preparation for or during interstate transit.
19 (e) The incidental care of the sick by members of
20 the family, domestic servants or housekeepers, or care of
21 the sick where treatment is by prayer or spiritual means.
22 (f) Persons from being employed as nursing aides,
23 attendants, orderlies, and other auxiliary workers in
24 private homes, long term care facilities, nurseries,
25 hospitals or other institutions.
26 (g) The practice of practical nursing by one who
27 has applied in writing to the Department in form and
28 substance satisfactory to the Department, for a license
29 as a licensed practical nurse and who has complied with
30 all the provisions under Section 10-30, except the
31 passing of an examination to be eligible to receive such
32 license, until: the decision of the Department that the
33 applicant has failed to pass the next available
34 examination authorized by the Department or has failed,
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1 without an approved excuse, to take the next available
2 examination authorized by the Department or until the
3 withdrawal of the application, but not to exceed 3
4 months. No applicant for licensure practicing under the
5 provisions of this paragraph shall practice practical
6 nursing except under the direct supervision of a
7 registered professional nurse licensed under this Act or
8 a licensed physician, dentist or podiatrist. In no
9 instance shall any such applicant practice or be employed
10 in any supervisory capacity.
11 (h) The practice of practical nursing by one who is
12 a licensed practical nurse under the laws of another U.S.
13 jurisdiction and has applied in writing to the
14 Department, in form and substance satisfactory to the
15 Department, for a license as a licensed practical nurse
16 and who is qualified to receive such license under
17 Section 10-30, until (1) the expiration of 6 months after
18 the filing of such written application, (2) the
19 withdrawal of such application, or (3) the denial of such
20 application by the Department.
21 (i) The practice of professional nursing by one who
22 has applied in writing to the Department in form and
23 substance satisfactory to the Department for a license as
24 a registered professional nurse and has complied with all
25 the provisions under Section 10-30 except the passing of
26 an examination to be eligible to receive such license,
27 until the decision of the Department that the applicant
28 has failed to pass the next available examination
29 authorized by the Department or has failed, without an
30 approved excuse, to take the next available examination
31 authorized by the Department or until the withdrawal of
32 the application, but not to exceed 3 months. No
33 applicant for licensure practicing under the provisions
34 of this paragraph shall practice professional nursing
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1 except under the direct supervision of a registered
2 professional nurse licensed under this Act. In no
3 instance shall any such applicant practice or be employed
4 in any supervisory capacity.
5 (j) The practice of professional nursing by one who
6 is a registered professional nurse under the laws of
7 another state, territory of the United States or country
8 and has applied in writing to the Department, in form and
9 substance satisfactory to the Department, for a license
10 as a registered professional nurse and who is qualified
11 to receive such license under Section 10-30, until (1)
12 the expiration of 6 months after the filing of such
13 written application, (2) the withdrawal of such
14 application, or (3) the denial of such application by the
15 Department.
16 (k) 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. The educational institution will file with the
27 Department each academic term a list of the names and
28 origin of license of all professional nurses practicing
29 nursing as part of their programs under this provision.
30 (l) Any person licensed in this State under any
31 other Act from engaging in the practice for which she or
32 he is licensed.
33 (m) Delegation to authorized direct care staff
34 trained under Section 15.4 of the Mental Health and
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1 Developmental Disabilities Administrative Act.
2 An applicant for license practicing under the exceptions
3 set forth in subparagraphs (g), (h), (i), and (j) of this
4 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
5 Pend. respectively and no other.
6 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
7 90-655, eff. 7-30-98; 90-742, eff. 8-13-98; 91-630, eff.
8 8-19-99.)
9 (225 ILCS 65/10-30)
10 (Section scheduled to be repealed on January 1, 2008)
11 Sec. 10-30. Qualifications for licensure.
12 (a) Each applicant who successfully meets the
13 requirements of this Section shall be entitled to licensure
14 as a Registered Nurse or Licensed Practical Nurse, whichever
15 is applicable.
16 (b) An applicant for licensure by examination to
17 practice as a registered nurse or licensed practical nurse
18 shall:
19 (1) submit a completed written application, on
20 forms provided by the Department and fees as established
21 by the Department;
22 (2) for registered nurse licensure, have graduated
23 from a professional nursing education program approved by
24 the Department;
25 (2.5) for licensed practical nurse licensure, have
26 graduate from a practical nursing education program
27 approved by the Department;
28 (3) have not violated the provisions of Section
29 10-45 of this Act. The Department may take into
30 consideration any felony conviction of the applicant, but
31 such a conviction shall not operate as an absolute bar to
32 licensure;
33 (4) meet all other requirements as established by
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1 rule;
2 (5) pay, either to the Department or its designated
3 testing service, a fee covering the cost of providing the
4 examination. Failure to appear for the examination on the
5 scheduled date at the time and place specified after the
6 applicant's application for examination has been received
7 and acknowledged by the Department or the designated
8 testing service shall result in the forfeiture of the
9 examination fee.
10 If an applicant neglects, fails, or refuses to take an
11 examination or fails to pass an examination for a license
12 under this Act within 3 years after filing the application,
13 the application shall be denied. However, the applicant may
14 make a new application accompanied by the required fee and
15 provide evidence of meeting the requirements in force at the
16 time of the new application.
17 An applicant may take and successfully complete a
18 Department-approved examination in another jurisdiction.
19 However, an applicant who has never been licensed previously
20 in any jurisdiction that utilizes a Department-approved
21 examination and who has taken and failed to pass the
22 examination within 3 years after filing the application must
23 submit proof of successful completion of a
24 Department-authorized nursing education program or
25 recompletion of an approved registered nursing program or
26 licensed practical nursing program, as appropriate, prior to
27 re-application.
28 An applicant shall have one year from the date of
29 notification of successful completion of the examination to
30 apply to the Department for a license. If an applicant fails
31 to apply within one year, the applicant shall be required to
32 again take and pass the examination unless licensed in
33 another jurisdiction of the United States within one year of
34 passing the examination.
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1 (c) An applicant for licensure by endorsement who is a
2 registered professional nurse or a licensed practical nurse
3 licensed by examination under the laws of another state or
4 territory of the United States or a foreign country,
5 jurisdiction, territory, or province shall:
6 (1) submit a completed written application, on
7 forms supplied by the Department, and fees as established
8 by the Department;
9 (2) for registered nurse licensure, have graduated
10 from a professional nursing education program approved by
11 the Department;
12 (2.5) for licensed practical nurse licensure, have
13 graduated from a practical nursing education program
14 approved by the Department;
15 (3) submit verification of licensure status
16 directly from the United States jurisdiction of
17 licensure, if applicable, as defined by rule;
18 (4) have passed the examination authorized by the
19 Department;
20 (5) meet all other requirements as established by
21 rule.
22 (d) All applicants for registered nurse licensure
23 pursuant to item (2) of subsection (b) and item (2) of
24 subsection (c) of this Section who are graduates of nursing
25 educational programs in a country other than the United
26 States or its territories must submit to the Department
27 certification of successful completion of the Commission of
28 Graduates of Foreign Nursing Schools (CGFNS) examination. An
29 applicant who is unable to provide appropriate documentation
30 to satisfy CGFNS of her or his educational qualifications for
31 the CGFNS examination shall be required to pass an
32 examination to test competency in the English language, which
33 shall be prescribed by the Department, if the applicant is
34 determined by the Board to be educationally prepared in
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1 nursing. The Board shall make appropriate inquiry into the
2 reasons for any adverse determination by CGFNS before making
3 its own decision.
4 An applicant licensed in another state or territory who
5 is applying for licensure and has received her or his
6 education in a country other than the United States or its
7 territories shall be exempt from the completion of the
8 Commission of Graduates of Foreign Nursing Schools (CGFNS)
9 examination if the applicant meets all of the following
10 requirements:
11 (1) successful passage of the licensure examination
12 authorized by the Department;
13 (2) holds an active, unencumbered license in
14 another state; and
15 (3) has been actively practicing for a minimum of 2
16 years in another state.
17 (e) (Blank).
18 (f) Pending the issuance of a license under subsection
19 (c) of this Section, the Department may grant an applicant a
20 temporary license to practice nursing as a registered nurse
21 or as a licensed practical nurse if the Department is
22 satisfied that the applicant holds an active, unencumbered
23 license in good standing in another jurisdiction. If the
24 applicant holds more than one current active license, or one
25 or more active temporary licenses from other jurisdictions,
26 the Department shall not issue a temporary license until it
27 is satisfied that each current active license held by the
28 applicant is unencumbered. The temporary license, which
29 shall be issued no later than 14 working days following
30 receipt by the Department of an application for the temporary
31 license, shall be granted upon the submission of the
32 following to the Department:
33 (1) a signed and completed application for
34 licensure under subsection (a) of this Section as a
HB2280 Engrossed -39- LRB093 06695 AMC 06829 b
1 registered nurse or a licensed practical nurse;
2 (2) proof of a current, active license in at least
3 one other jurisdiction and proof that each current active
4 license or temporary license held by the applicant within
5 the last 5 years is unencumbered;
6 (3) a signed and completed application for a
7 temporary license; and
8 (4) the required temporary license fee.
9 (g) The Department may refuse to issue an applicant a
10 temporary license authorized pursuant to this Section if,
11 within 14 working days following its receipt of an
12 application for a temporary license, the Department
13 determines that:
14 (1) the applicant has been convicted of a crime
15 under the laws of a jurisdiction of the United States:
16 (i) which is a felony; or (ii) which is a misdemeanor
17 directly related to the practice of the profession,
18 within the last 5 years;
19 (2) within the last 5 years the applicant has had a
20 license or permit related to the practice of nursing
21 revoked, suspended, or placed on probation by another
22 jurisdiction, if at least one of the grounds for
23 revoking, suspending, or placing on probation is the same
24 or substantially equivalent to grounds in Illinois; or
25 (3) it intends to deny licensure by endorsement.
26 For purposes of this Section, an "unencumbered license"
27 means a license against which no disciplinary action has been
28 taken or is pending and for which all fees and charges are
29 paid and current.
30 (h) The Department may revoke a temporary license issued
31 pursuant to this Section if:
32 (1) it determines that the applicant has been
33 convicted of a crime under the law of any jurisdiction of
34 the United States that is (i) a felony or (ii) a
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1 misdemeanor directly related to the practice of the
2 profession, within the last 5 years;
3 (2) it determines that within the last 5 years the
4 applicant has had a license or permit related to the
5 practice of nursing revoked, suspended, or placed on
6 probation by another jurisdiction, if at least one of the
7 grounds for revoking, suspending, or placing on probation
8 is the same or substantially equivalent to grounds in
9 Illinois; or
10 (3) it determines that it intends to deny licensure
11 by endorsement.
12 A temporary license shall expire 6 months from the date
13 of issuance. Further renewal may be granted by the
14 Department in hardship cases, as defined by rule and upon
15 approval of the Director. However, a temporary license shall
16 automatically expire upon issuance of the Illinois license or
17 upon notification that the Department intends to deny
18 licensure, whichever occurs first.
19 (i) Applicants have 3 years from the date of application
20 to complete the application process. If the process has not
21 been completed within 3 years from the date of application,
22 the application shall be denied, the fee forfeited, and the
23 applicant must reapply and meet the requirements in effect at
24 the time of reapplication.
25 (j) A practical nurse licensed by a party state under
26 the Nurse Licensure Compact is granted the privilege to
27 practice practical nursing in this State. A registered nurse
28 licensed by a party state under the Nurse Licensure Compact
29 is granted the privilege to practice registered nursing in
30 this State. A practical nurse or registered nurse who has
31 been granted the privilege to practice nursing in this State
32 under this subsection, shall notify the Department, prior to
33 commencing employment in this State as a practical or
34 registered nurse, of the identity and location of the nurse's
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1 prospective employer. A practical nurse or registered nurse
2 who has been granted the privilege to practice nursing in
3 this State under this subsection is subject to the schedule
4 of fees authorized under Section 20-35 and the criminal
5 background check required under Section 5-23 of this Act,
6 provided that the practical or registered nurse may exercise
7 her privilege to practice pending completion of the criminal
8 background check.
9 (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02.)
10 ARTICLE 99
11 Section 99-5. Effective date. This Act takes effect
12 upon becoming law.
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