093_HB2553eng

 
HB2553 Engrossed                     LRB093 06488 AMC 06613 b

 1        AN ACT concerning nursing.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Nursing and Advanced Practice Nursing Act
 5    is amended by changing Section 10-30 as follows:

 6        (225 ILCS 65/10-30)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec. 10-30.  Qualifications for licensure.
 9        (a)  Each    applicant   who   successfully   meets   the
10    requirements of this Section shall be entitled  to  licensure
11    as  a Registered Nurse or Licensed Practical Nurse, whichever
12    is applicable.
13        (b)  An  applicant  for  licensure  by   examination   to
14    practice  as  a  registered nurse or licensed practical nurse
15    shall:
16             (1)  submit  a  completed  written  application,  on
17        forms provided by the Department and fees as  established
18        by the Department;
19             (2)  for registered nurse licensure, have graduated,
20        or  will  graduate  prior to testing, from a professional
21        nursing education program  approved  by  the  Department.
22        Proof  of  graduation must be submitted to the Department
23        prior to testing;
24             (2.5)  for licensed practical nurse licensure,  have
25        graduated,  or  will  graduate prior to testing, graduate
26        from a practical nursing education  program  approved  by
27        the  Department.   Proof of graduation must be submitting
28        to the Department prior to testing;
29             (3)  have not violated  the  provisions  of  Section
30        10-45   of  this  Act.   The  Department  may  take  into
31        consideration any felony conviction of the applicant, but
 
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 1        such a conviction shall not operate as an absolute bar to
 2        licensure;
 3             (4)  meet all other requirements as  established  by
 4        rule;
 5             (5)  pay, either to the Department or its designated
 6        testing service, a fee covering the cost of providing the
 7        examination. Failure to appear for the examination on the
 8        scheduled  date at the time and place specified after the
 9        applicant's application for examination has been received
10        and acknowledged by  the  Department  or  the  designated
11        testing  service  shall  result  in the forfeiture of the
12        examination fee.
13        If an applicant neglects, fails, or refuses  to  take  an
14    examination  or  fails  to  pass an examination for a license
15    under this Act within 3 years after filing  the  application,
16    the  application shall be denied.  However, the applicant may
17    make a new application accompanied by the  required  fee  and
18    provide  evidence of meeting the requirements in force at the
19    time of the new application.
20        An  applicant  may  take  and  successfully  complete   a
21    Department-approved   examination  in  another  jurisdiction.
22    However, an applicant who has never been licensed  previously
23    in  any  jurisdiction  that  utilizes  a  Department-approved
24    examination  and  who  has  taken  and  failed  to  pass  the
25    examination  within 3 years after filing the application must
26    submit    proof    of    successful    completion    of     a
27    Department-authorized    nursing    education    program   or
28    recompletion of an approved  registered  nursing  program  or
29    licensed  practical nursing program, as appropriate, prior to
30    re-application.
31        An applicant  shall  have  one  year  from  the  date  of
32    notification  of  successful completion of the examination to
33    apply to the Department for a license.  If an applicant fails
34    to apply within one year, the applicant shall be required  to
 
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 1    again  take  and  pass  the  examination  unless  licensed in
 2    another jurisdiction of the United States within one year  of
 3    passing the examination.
 4        (c)  An  applicant  for licensure by endorsement who is a
 5    registered professional nurse or a licensed  practical  nurse
 6    licensed  by  examination  under the laws of another state or
 7    territory  of  the  United  States  or  a  foreign   country,
 8    jurisdiction, territory, or province shall:
 9             (1)  submit  a  completed  written  application,  on
10        forms supplied by the Department, and fees as established
11        by the Department;
12             (2)  for  registered nurse licensure, have graduated
13        from a professional nursing education program approved by
14        the Department;
15             (2.5)  for licensed practical nurse licensure,  have
16        graduated  from  a  practical  nursing  education program
17        approved by the Department;
18             (3)  submit   verification   of   licensure   status
19        directly  from  the   United   States   jurisdiction   of
20        licensure, if applicable, as defined by rule;
21             (4)  have  passed  the examination authorized by the
22        Department;
23             (5)  meet all other requirements as  established  by
24        rule.
25        (d)  All   applicants   for  registered  nurse  licensure
26    pursuant to item (2)  of  subsection  (b)  and  item  (2)  of
27    subsection  (c)  of this Section who are graduates of nursing
28    educational programs in  a  country  other  than  the  United
29    States  or  its  territories  must  submit  to the Department
30    certification of successful completion of the  Commission  of
31    Graduates  of Foreign Nursing Schools (CGFNS) examination. An
32    applicant who is unable to provide appropriate  documentation
33    to satisfy CGFNS of her or his educational qualifications for
34    the   CGFNS   examination   shall  be  required  to  pass  an
 
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 1    examination to test competency in the English language, which
 2    shall be prescribed by the Department, if  the  applicant  is
 3    determined  by  the  Board  to  be  educationally prepared in
 4    nursing.  The Board shall make appropriate inquiry  into  the
 5    reasons  for any adverse determination by CGFNS before making
 6    its own decision.
 7        An applicant licensed in another state or  territory  who
 8    is  applying  for  licensure  and  has  received  her  or his
 9    education in a country other than the United  States  or  its
10    territories  shall  be  exempt  from  the  completion  of the
11    Commission of Graduates of Foreign  Nursing  Schools  (CGFNS)
12    examination  if  the  applicant  meets  all  of the following
13    requirements:
14             (1)  successful passage of the licensure examination
15        authorized by the Department;
16             (2)  holds  an  active,  unencumbered   license   in
17        another state; and
18             (3)  has been actively practicing for a minimum of 2
19        years in another state.
20        (e)  (Blank).
21        (f)  Pending  the  issuance of a license under subsection
22    (c) of this Section, the Department may grant an applicant  a
23    temporary  license  to practice nursing as a registered nurse
24    or as  a  licensed  practical  nurse  if  the  Department  is
25    satisfied  that  the  applicant holds an active, unencumbered
26    license in good standing in  another  jurisdiction.   If  the
27    applicant  holds more than one current active license, or one
28    or more active temporary licenses from  other  jurisdictions,
29    the  Department  shall not issue a temporary license until it
30    is satisfied that each current active  license  held  by  the
31    applicant  is  unencumbered.   The  temporary  license, which
32    shall be issued no  later  than  14  working  days  following
33    receipt by the Department of an application for the temporary
34    license,   shall  be  granted  upon  the  submission  of  the
 
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 1    following to the Department:
 2             (1)  a  signed   and   completed   application   for
 3        licensure  under  subsection  (a)  of  this  Section as a
 4        registered nurse or a licensed practical nurse;
 5             (2)  proof of a current, active license in at  least
 6        one other jurisdiction and proof that each current active
 7        license or temporary license held by the applicant within
 8        the last 5 years is unencumbered;
 9             (3)  a   signed  and  completed  application  for  a
10        temporary license; and
11             (4)  the required temporary license fee.
12        (g)  The Department may refuse to issue  an  applicant  a
13    temporary  license  authorized  pursuant  to this Section if,
14    within  14  working  days  following  its   receipt   of   an
15    application   for   a   temporary   license,  the  Department
16    determines that:
17             (1)  the applicant has been  convicted  of  a  crime
18        under  the  laws  of a jurisdiction of the United States:
19        (i) which is a felony; or (ii)  which  is  a  misdemeanor
20        directly  related  to  the  practice  of  the profession,
21        within the last 5 years;
22             (2)  within the last 5 years the applicant has had a
23        license or permit related  to  the  practice  of  nursing
24        revoked,  suspended,  or  placed  on probation by another
25        jurisdiction,  if  at  least  one  of  the  grounds   for
26        revoking, suspending, or placing on probation is the same
27        or substantially equivalent to grounds in Illinois; or
28             (3)  it intends to deny licensure by endorsement.
29        For  purposes  of this Section, an "unencumbered license"
30    means a license against which no disciplinary action has been
31    taken or is pending and for which all fees  and  charges  are
32    paid and current.
33        (h)  The Department may revoke a temporary license issued
34    pursuant to this Section if:
 
HB2553 Engrossed            -6-      LRB093 06488 AMC 06613 b
 1             (1)  it  determines  that  the  applicant  has  been
 2        convicted of a crime under the law of any jurisdiction of
 3        the  United  States  that  is  (i)  a  felony  or  (ii) a
 4        misdemeanor directly  related  to  the  practice  of  the
 5        profession, within the last 5 years;
 6             (2)  it  determines that within the last 5 years the
 7        applicant has had a license  or  permit  related  to  the
 8        practice  of  nursing  revoked,  suspended,  or placed on
 9        probation by another jurisdiction, if at least one of the
10        grounds for revoking, suspending, or placing on probation
11        is the same or substantially  equivalent  to  grounds  in
12        Illinois; or
13             (3)  it determines that it intends to deny licensure
14        by endorsement.
15        A  temporary  license shall expire 6 months from the date
16    of  issuance.   Further  renewal  may  be  granted   by   the
17    Department  in  hardship  cases,  as defined by rule and upon
18    approval of the Director. However, a temporary license  shall
19    automatically expire upon issuance of the Illinois license or
20    upon   notification  that  the  Department  intends  to  deny
21    licensure, whichever occurs first.
22        (i)  Applicants have 3 years from the date of application
23    to complete the application process. If the process  has  not
24    been  completed  within 3 years from the date of application,
25    the application shall be denied, the fee forfeited,  and  the
26    applicant must reapply and meet the requirements in effect at
27    the time of reapplication.
28    (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.