Illinois General Assembly - Full Text of SB1305
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Full Text of SB1305  97th General Assembly

SB1305eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nurse Practice Act is amended by adding
5Article 80 as follows:
 
6    (225 ILCS 65/Art. 80 heading new)
7
ARTICLE 80. NURSE LICENSURE COMPACT

 
8    (225 ILCS 65/80-5 new)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 80-5. Nurse Licensure Compact. The State of Illinois
11ratifies and approves the Nurse Licensure Compact and enters
12into it with all other jurisdictions that legally join in the
13compact. The General Assembly finds that no amendment by the
14General Assembly to the provisions of the Compact contained in
15this Act shall become effective and binding upon the Compact
16and the Compact party states unless and until the Nurse
17Licensure Compact Administrators (NLCA) enact the amendment to
18the Articles of Organization of the NCLA. The Nurse Licensure
19Compact is, in form, substantially as follows:
 
20
PART I.
21
Findings and Declaration of Purpose

 

 

 

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1    (a) The party states find that:
2        (1) the health and safety of the public are affected by
3    the degree of compliance with and the effectiveness of
4    enforcement activities related to state nurse licensure
5    laws;
6        (2) violations of nurse licensure and other laws
7    regulating the practice of nursing may result in injury or
8    harm to the public;
9        (3) the expanded mobility of nurses and the use of
10    advanced communication technologies as part of our
11    nation's healthcare delivery system require greater
12    coordination and cooperation among states in the areas of
13    nurse licensure and regulation;
14        (4) new practice modalities and technology make
15    compliance with individual state nurse licensure laws
16    difficult and complex; and
17        (5) the current system of duplicative licensure for
18    nurses practicing in multiple states is cumbersome and
19    redundant to both nurses and states.
20    (b) The general purposes of this Compact are to:
21        (1) facilitate the states' responsibility to protect
22    the public's health and safety;
23        (2) ensure and encourage the cooperation of party
24    states in the areas of nurse licensure and regulation;
25        (3) facilitate the exchange of information between

 

 

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1    party states in the areas of nurse regulation,
2    investigation and adverse actions;
3        (4) promote compliance with the laws governing the
4    practice of nursing in each jurisdiction; and
5        (5) invest all party states with the authority to hold
6    a nurse accountable for meeting all state practice laws in
7    the state in which the patient is located at the time care
8    is rendered through the mutual recognition of party state
9    licenses.
 
10
PART II.
11
Definitions

 
12    As used in this Compact:
13    (a) "Adverse Action" means a home or remote state action.
14    (b) "Alternative program" means a voluntary,
15non-disciplinary monitoring program approved by a nurse
16licensing board.
17    (c) "Coordinated licensure information system" means an
18integrated process for collecting, storing, and sharing
19information on nurse licensure and enforcement activities
20related to nurse licensure laws, which is administered by a
21non-profit organization composed of and controlled by state
22nurse licensing boards.
23    (d) "Current significant investigative information" means:
24        (1) investigative information that a licensing board,

 

 

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1    after a preliminary inquiry that includes notification and
2    an opportunity for the nurse to respond if required by
3    state law, has reason to believe is not groundless and, if
4    proved true, would indicate more than a minor infraction;
5    or
6        (2) investigative information that indicates that the
7    nurse represents an immediate threat to public health and
8    safety regardless of whether the nurse has been notified
9    and had an opportunity to respond.
10    (e) "Home state" means the party state which is the nurse's
11primary state of residence.
12    (f) "Home state action" means any administrative, civil,
13equitable or criminal action permitted by the home state's laws
14which are imposed on a nurse by the home state's licensing
15board or other authority including actions against an
16individual's license such as: revocation, suspension,
17probation, or any other action which affects a nurse's
18authorization to practice.
19    (g) "Licensing board" means a party state's regulatory body
20responsible for issuing nurse licenses.
21    (h) "Multistate licensure privilege" means current,
22official authority from a remote state permitting the practice
23of nursing as either a registered nurse or a licensed
24practical/vocational nurse in such party state. All party
25states have the authority, in accordance with existing state
26due process law, to take actions against the nurse's privilege

 

 

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1such as: revocation, suspension, probation, or any other action
2which affects a nurse's authorization to practice.
3    (i) "Nurse" means a registered nurse or licensed
4practical/vocational nurse, as those terms are defined by each
5party's state practice laws.
6    (j) "Party state" means any state that has adopted this
7Compact.
8    (k) "Remote state" means a party state, other than the home
9state,
10        (1) where the patient is located at the time nursing
11    care is provided, or,
12        (2) in the case of the practice of nursing not
13    involving a patient, in such party state where the
14    recipient of nursing practice is located.
15    (l) "Remote state action" means:
16        (1) any administrative, civil, equitable, or criminal
17    action permitted by a remote state's laws which are imposed
18    on a nurse by the remote state's licensing board or other
19    authority including actions against an individual's
20    multistate licensure privilege to practice in the remote
21    state, and
22        (2) cease and desist and other injunctive or equitable
23    orders issued by remote states or the licensing boards
24    thereof.
25    (m) "State" means a state, territory, or possession of the
26United States, the District of Columbia or the Commonwealth of

 

 

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1Puerto Rico.
2    (n) "State practice laws" means those individual party's
3state laws and regulations that govern the practice of nursing,
4define the scope of nursing practice, and create the methods
5and grounds for imposing discipline. "State practice laws" does
6not include the initial qualifications for licensure or
7requirements necessary to obtain and retain a license, except
8for qualifications or requirements of the home state.
 
9
PART III.
10
General Provisions and Jurisdiction

 
11    (a) A license to practice registered nursing issued by a
12home state to a resident in that state will be recognized by
13each party state as authorizing a multistate licensure
14privilege to practice as a registered nurse in such party
15state. A license to practice licensed practical/vocational
16nursing issued by a home state to a resident in that state will
17be recognized by each party state as authorizing a multistate
18licensure privilege to practice as a licensed
19practical/vocational nurse in such party state. In order to
20obtain or retain a license, an applicant must meet the home
21state's qualifications for licensure and license renewal as
22well as all other applicable state laws.
23    (b) Party states may, in accordance with state due process
24laws, limit or revoke the multistate licensure privilege of any

 

 

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1nurse to practice in their state and may take any other actions
2under their applicable state laws necessary to protect the
3health and safety of their citizens. If a party state takes
4such action, it shall promptly notify the administrator of the
5coordinated licensure information system. The administrator of
6the coordinated licensure information system shall promptly
7notify the home state of any such actions by remote states.
8    (c) Every nurse practicing in a party state must comply
9with the state practice laws of the state in which the patient
10is located at the time care is rendered. In addition, the
11practice of nursing is not limited to patient care, but shall
12include all nursing practice as defined by the state practice
13laws of a party state. The practice of nursing will subject a
14nurse to the jurisdiction of the nurse licensing board and the
15courts, as well as the laws, in that party state.
16    (d) This Compact does not affect additional requirements
17imposed by states for advanced practice registered nursing.
18However, a multistate licensure privilege to practice
19registered nursing granted by a party state shall be recognized
20by other party states as a license to practice registered
21nursing if one is required by state law as a precondition for
22qualifying for advanced practice registered nurse
23authorization.
24    (e) Individuals not residing in a party state shall
25continue to be able to apply for nurse licensure as provided
26for under the laws of each party state. However, the license

 

 

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1granted to these individuals will not be recognized as granting
2the privilege to practice nursing in any other party state
3unless explicitly agreed to by that party state.
 
4
PART IV.
5
Applications for Licensure in a Party State

 
6    (a) Upon application for a license, the licensing board in
7a party state shall ascertain, through the coordinated
8licensure information system, whether the applicant has ever
9held, or is the holder of, a license issued by any other state,
10whether there are any restrictions on the multistate licensure
11privilege, and whether any other adverse action by any state
12has been taken against the license.
13    (b) A nurse in a party state shall hold licensure in only
14one party state at a time, issued by the home state.
15    (c) A nurse who intends to change primary state of
16residence may apply for licensure in the new home state in
17advance of such change. However, new licenses will not be
18issued by a party state until after a nurse provides evidence
19of change in primary state of residence satisfactory to the new
20home state's licensing board.
21    (d) When a nurse changes primary state of residence by:
22        (1) moving between two party states, and obtains a
23    license from the new home state, the license from the
24    former home state is no longer valid;

 

 

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1        (2) moving from a non-party state to a party state, and
2    obtains a license from the new home state, the individual
3    state license issued by the non-party state is not affected
4    and will remain in full force if so provided by the laws of
5    the non-party state;
6        (3) moving from a party state to a non-party state, the
7    license issued by the prior home state converts to an
8    individual state license, valid only in the former home
9    state, without the multistate licensure privilege to
10    practice in other party states.
 
11
PART V.
12
Adverse Actions

 
13    In addition to the General Provisions described in Article
14III, the following provisions apply:
15    (a) The licensing board of a remote state shall promptly
16report to the administrator of the coordinated licensure
17information system any remote state actions including the
18factual and legal basis for such action, if known. The
19licensing board of a remote state shall also promptly report
20any significant current investigative information yet to
21result in a remote state action. The administrator of the
22coordinated licensure information system shall promptly notify
23the home state of any such reports.
24    (b) The licensing board of a party state shall have the

 

 

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1authority to complete any pending investigations for a nurse
2who changes primary state of residence during the course of
3such investigations. It shall also have the authority to take
4appropriate action(s), and shall promptly report the
5conclusions of such investigations to the administrator of the
6coordinated licensure information system. The administrator of
7the coordinated licensure information system shall promptly
8notify the new home state of any such actions.
9    (c) A remote state may take adverse action affecting the
10multistate licensure privilege to practice within that party
11state. However, only the home state shall have the power to
12impose adverse action against the license issued by the home
13state.
14    (d) For purposes of imposing adverse action, the licensing
15board of the home state shall give the same priority and effect
16to reported conduct received from a remote state as it would if
17such conduct had occurred within the home state. In so doing,
18it shall apply its own state laws to determine appropriate
19action.
20    (e) The home state may take adverse action based on the
21factual findings of the remote state, so long as each state
22follows its own procedures for imposing such adverse action.
23    (f) Nothing in this Compact shall override a party state's
24decision that participation in an alternative program may be
25used in lieu of licensure action and that such participation
26shall remain non-public if required by the party state's laws.

 

 

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1Party states must require nurses who enter any alternative
2programs to agree not to practice in any other party state
3during the term of the alternative program without prior
4authorization from such other party state.
 
5
PART VI.
6
Additional Authorities Invested
7
in Party State Nurse Licensing Boards

 
8    Notwithstanding any other powers, party state nurse
9licensing boards shall have the authority to:
10    (a) if otherwise permitted by state law, recover from the
11affected nurse the costs of investigations and disposition of
12cases resulting from any adverse action taken against that
13nurse;
14    (b) issue subpoenas for both hearings and investigations
15which require the attendance and testimony of witnesses and the
16production of evidence. Subpoenas issued by a nurse licensing
17board in a party state for the attendance and testimony of
18witnesses or the production of evidence from another party
19state, shall be enforced in the latter state by any court of
20competent jurisdiction, according to the practice and
21procedure of that court applicable to subpoenas issued in
22proceedings pending before it. The issuing authority shall pay
23any witness fees, travel expenses, mileage, and other fees
24required by the service statutes of the state where the

 

 

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1witnesses and/or evidence are located;
2     (c) issue cease and desist orders to limit or revoke a
3nurse's authority to practice in their state; or
4    (d) adopt uniform rules and regulations as provided for in
5Article VIII(c).
 
6
PART VII.
7
Coordinated Licensure Information System

 
8    (a) All party states shall participate in a cooperative
9effort to create a coordinated data base of all licensed
10registered nurses and licensed practical/vocational nurses.
11This system will include information on the licensure and
12disciplinary history of each nurse, as contributed by party
13states, to assist in the coordination of nurse licensure and
14enforcement efforts.
15    (b) Notwithstanding any other provision of law, all party
16states' licensing boards shall promptly report adverse
17actions, actions against multistate licensure privileges, any
18current significant investigative information yet to result in
19adverse action, denials of applications, and the reasons for
20such denials, to the coordinated licensure information system.
21    (c) Current significant investigative information shall be
22transmitted through the coordinated licensure information
23system only to party state licensing boards.
24    (d) Notwithstanding any other provision of law, all party

 

 

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1states' licensing boards contributing information to the
2coordinated licensure information system may designate
3information that may not be shared with non-party states or
4disclosed to other entities or individuals without the express
5permission of the contributing state.
6    (e) Any personally identifiable information obtained by a
7party states' licensing board from the coordinated licensure
8information system may not be shared with non-party states or
9disclosed to other entities or individuals except to the extent
10permitted by the laws of the party state contributing the
11information.
12    (f) Any information contributed to the coordinated
13licensure information system that is subsequently required to
14be expunged by the laws of the party state contributing that
15information, shall also be expunged from the coordinated
16licensure information system.
17    (g) The Compact administrators, acting jointly with each
18other and in consultation with the administrator of the
19coordinated licensure information system, shall formulate
20necessary and proper procedures for the identification,
21collection, and exchange of information under this Compact.
 
22
PART VIII.
23
Compact Administration and
24
Interchange of Information

 

 

 

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1    (a) The head of the nurse licensing board, or his or her
2designee, of each party state shall be the administrator of
3this Compact for his or her state.
4    (b) The Compact administrator of each party state shall
5furnish to the Compact administrator of each other party state
6any information and documents including, but not limited to, a
7uniform data set of investigations, identifying information,
8licensure data, and disclosable alternative program
9participation information to facilitate the administration of
10this Compact.
11    (c) Compact administrators shall have the authority to
12develop uniform rules to facilitate and coordinate
13implementation of this Compact. These uniform rules shall be
14adopted by party states, under the authority invested under
15Article VI(d).
 
16
PART IX.
17
Immunity

 
18    No party state or the officers or employees or agents of a
19party state's nurse licensing board who acts in accordance with
20the provisions of this Compact shall be liable on account of
21any act or omission in good faith while engaged in the
22performance of their duties under this Compact. Good faith in
23this article shall not include willful misconduct, gross
24negligence, or recklessness.
 

 

 

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1
PART X.
2
Entry into Force, Withdrawal and Amendment

 
3    (a) This Compact shall enter into force and become
4effective as to any state when it has been enacted into the
5laws of that state. Any party state may withdraw from this
6Compact by enacting a statute repealing the same, but no such
7withdrawal shall take effect until six months after the
8withdrawing state has given notice of the withdrawal to the
9executive heads of all other party states.
10    (b) No withdrawal shall affect the validity or
11applicability by the licensing boards of states remaining party
12to the Compact of any report of adverse action occurring prior
13to the withdrawal.
14    (c) Nothing contained in this Compact shall be construed to
15invalidate or prevent any nurse licensure agreement or other
16cooperative arrangement between a party state and a non-party
17state that is made in accordance with the other provisions of
18this Compact.
19    (d) This Compact may be amended by the party states. No
20amendment to this Compact shall become effective and binding
21upon the party states unless and until it is enacted into the
22laws of all party states.
 
23
PART XI.

 

 

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1
Construction and Severability

 
2    (a) This Compact shall be liberally construed so as to
3effectuate the purposes thereof. The provisions of this Compact
4shall be severable and if any phrase, clause, sentence, or
5provision of this Compact is declared to be contrary to the
6constitution of any party state or of the United States or the
7applicability thereof to any government, agency, person, or
8circumstance is held invalid, the validity of the remainder of
9this Compact and the applicability thereof to any government,
10agency, person, or circumstance shall not be affected thereby.
11If this Compact shall be held contrary to the constitution of
12any state party thereto, the Compact shall remain in full force
13and effect as to the remaining party states and in full force
14and effect as to the party state affected as to all severable
15matters.
16    (b) In the event party states find a need for settling
17disputes arising under this Compact:
18        (1) The party states may submit the issues in dispute
19    to an arbitration panel which will be comprised of an
20    individual appointed by the Compact administrator in the
21    home state; an individual appointed by the Compact
22    administrator in the remote state(s) involved; and an
23    individual mutually agreed upon by the Compact
24    administrators of all the party states involved in the
25    dispute.

 

 

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1        (2) The decision of a majority of the arbitrators shall
2    be final and binding.
 
3    (225 ILCS 65/80-10 new)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 80-10. Costs of investigation and disposition of
6cases. To facilitate cross-state enforcement efforts, the
7General Assembly finds that it is necessary for Illinois to
8have the power to recover from the affected nurse the costs of
9investigations and disposition of cases resulting from adverse
10actions taken by this State against that nurse.
 
11    (225 ILCS 65/80-15 new)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 80-15. Statutory obligations. This Compact is
14designed to facilitate the regulation of nurses and does not
15relieve employers from complying with statutorily imposed
16obligations.
 
17    (225 ILCS 65/80-20 new)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 80-20. State labor laws. This Compact does not
20supersede existing State labor laws.
 
21    Section 90. The Nurse Practice Act is amended by changing
22Sections 50-10, 50-15, 55-10, and 60-10 as follows:
 

 

 

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1    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 50-10. Definitions. Each of the following terms, when
4used in this Act, shall have the meaning ascribed to it in this
5Section, except where the context clearly indicates otherwise:
6    "Academic year" means the customary annual schedule of
7courses at a college, university, or approved school,
8customarily regarded as the school year as distinguished from
9the calendar year.
10    "Advanced practice nurse" or "APN" means a person who has
11met the qualifications for a (i) certified nurse midwife (CNM);
12(ii) certified nurse practitioner (CNP); (iii) certified
13registered nurse anesthetist (CRNA); or (iv) clinical nurse
14specialist (CNS) and has been licensed by the Department. All
15advanced practice nurses licensed and practicing in the State
16of Illinois shall use the title APN and may use speciality
17credentials after their name.
18    "Approved program of professional nursing education" and
19"approved program of practical nursing education" are programs
20of professional or practical nursing, respectively, approved
21by the Department under the provisions of this Act.
22    "Board" means the Board of Nursing appointed by the
23Secretary.
24    "Collaboration" means a process involving 2 or more health
25care professionals working together, each contributing one's

 

 

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1respective area of expertise to provide more comprehensive
2patient care.
3    "Consultation" means the process whereby an advanced
4practice nurse seeks the advice or opinion of another health
5care professional.
6    "Credentialed" means the process of assessing and
7validating the qualifications of a health care professional.
8    "Current nursing practice update course" means a planned
9nursing education curriculum approved by the Department
10consisting of activities that have educational objectives,
11instructional methods, content or subject matter, clinical
12practice, and evaluation methods, related to basic review and
13updating content and specifically planned for those nurses
14previously licensed in the United States or its territories and
15preparing for reentry into nursing practice.
16    "Dentist" means a person licensed to practice dentistry
17under the Illinois Dental Practice Act.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Impaired nurse" means a nurse licensed under this Act who
21is unable to practice with reasonable skill and safety because
22of a physical or mental disability as evidenced by a written
23determination or written consent based on clinical evidence,
24including loss of motor skills, abuse of drugs or alcohol, or a
25psychiatric disorder, of sufficient degree to diminish his or
26her ability to deliver competent patient care.

 

 

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1    "License" or "licensed" means the permission granted a
2person to practice nursing under this Act, including the
3privilege to practice.
4    "Licensee" means a person who has been issued a license to
5practice nursing in this State or who holds the privilege to
6practice nursing in this State.
7    "License-pending advanced practice nurse" means a
8registered professional nurse who has completed all
9requirements for licensure as an advanced practice nurse except
10the certification examination and has applied to take the next
11available certification exam and received a temporary license
12from the Department.
13    "License-pending registered nurse" means a person who has
14passed the Department-approved registered nurse licensure exam
15and has applied for a license from the Department. A
16license-pending registered nurse shall use the title "RN lic
17pend" on all documentation related to nursing practice.
18    "Physician" means a person licensed to practice medicine in
19all its branches under the Medical Practice Act of 1987.
20    "Podiatrist" means a person licensed to practice podiatry
21under the Podiatric Medical Practice Act of 1987.
22    "Practical nurse" or "licensed practical nurse" means a
23person who is licensed as a practical nurse under this Act or
24holds the privilege to practice under this Act and practices
25practical nursing as defined in this Act. Only a practical
26nurse licensed or granted the privilege to practice under this

 

 

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1Act is entitled to use the title "licensed practical nurse" and
2the abbreviation "L.P.N.".
3    "Practical nursing" means the performance of nursing acts
4requiring the basic nursing knowledge, judgement, and skill
5acquired by means of completion of an approved practical
6nursing education program. Practical nursing includes
7assisting in the nursing process as delegated by a registered
8professional nurse or an advanced practice nurse. The practical
9nurse may work under the direction of a licensed physician,
10dentist, podiatrist, or other health care professional
11determined by the Department.
12    "Privileged" means the authorization granted by the
13governing body of a healthcare facility, agency, or
14organization to provide specific patient care services within
15well-defined limits, based on qualifications reviewed in the
16credentialing process.
17    "Privilege to practice" means the authorization to
18practice as a practical nurse or a registered nurse in this
19State under Article 80 of this Act.
20    "Registered Nurse" or "Registered Professional Nurse"
21means a person who is licensed as a professional nurse under
22this Act or holds the privilege to practice under this Act and
23practices nursing as defined in this Act. Only a registered
24nurse licensed or granted the privilege to practice under this
25Act is entitled to use the titles "registered nurse" and
26"registered professional nurse" and the abbreviation, "R.N.".

 

 

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1    "Registered professional nursing practice" is a scientific
2process founded on a professional body of knowledge; it is a
3learned profession based on the understanding of the human
4condition across the life span and environment and includes all
5nursing specialities and means the performance of any nursing
6act based upon professional knowledge, judgment, and skills
7acquired by means of completion of an approved professional
8nursing education program. A registered professional nurse
9provides holistic nursing care through the nursing process to
10individuals, groups, families, or communities, that includes
11but is not limited to: (1) the assessment of healthcare needs,
12nursing diagnosis, planning, implementation, and nursing
13evaluation; (2) the promotion, maintenance, and restoration of
14health; (3) counseling, patient education, health education,
15and patient advocacy; (4) the administration of medications and
16treatments as prescribed by a physician licensed to practice
17medicine in all of its branches, a licensed dentist, a licensed
18podiatrist, or a licensed optometrist or as prescribed by a
19physician assistant in accordance with written guidelines
20required under the Physician Assistant Practice Act of 1987 or
21by an advanced practice nurse in accordance with Article 65 of
22this Act; (5) the coordination and management of the nursing
23plan of care; (6) the delegation to and supervision of
24individuals who assist the registered professional nurse
25implementing the plan of care; and (7) teaching nursing
26students. The foregoing shall not be deemed to include those

 

 

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1acts of medical diagnosis or prescription of therapeutic or
2corrective measures.
3    "Professional assistance program for nurses" means a
4professional assistance program that meets criteria
5established by the Board of Nursing and approved by the
6Secretary, which provides a non-disciplinary treatment
7approach for nurses licensed under this Act whose ability to
8practice is compromised by alcohol or chemical substance
9addiction.
10    "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    "Unencumbered license" means a license issued in good
13standing.
14    "Written collaborative agreement" means a written
15agreement between an advanced practice nurse and a
16collaborating physician, dentist, or podiatrist pursuant to
17Section 65-35.
18(Source: P.A. 95-639, eff. 10-5-07.)
 
19    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 50-15. Policy; application of Act.
22    (a) For the protection of life and the promotion of health,
23and the prevention of illness and communicable diseases, any
24person practicing or offering to practice advanced,
25professional, or practical nursing in Illinois shall submit

 

 

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1evidence that he or she is qualified to practice, and shall be
2licensed or hold the privilege to practice as provided under
3this Act. No person shall practice or offer to practice
4advanced, professional, or practical nursing in Illinois or use
5any title, sign, card or device to indicate that such a person
6is practicing professional or practical nursing unless such
7person has been licensed or holds the privilege to practice
8under the provisions of this Act.
9    (b) This Act does not prohibit the following:
10        (1) The practice of nursing in Federal employment in
11    the discharge of the employee's duties by a person who is
12    employed by the United States government or any bureau,
13    division or agency thereof and is a legally qualified and
14    licensed nurse of another state or territory and not in
15    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
16    this Act.
17        (2) Nursing that is included in the program of study by
18    students enrolled in programs of nursing or in current
19    nurse practice update courses approved by the Department.
20        (3) The furnishing of nursing assistance in an
21    emergency.
22        (4) The practice of nursing by a nurse who holds an
23    active license in another state when providing services to
24    patients in Illinois during a bonafide emergency or in
25    immediate preparation for or during interstate transit.
26        (5) The incidental care of the sick by members of the

 

 

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1    family, domestic servants or housekeepers, or care of the
2    sick where treatment is by prayer or spiritual means.
3        (6) Persons from being employed as unlicensed
4    assistive personnel in private homes, long term care
5    facilities, nurseries, hospitals or other institutions.
6        (7) The practice of practical nursing by one who is a
7    licensed practical nurse under the laws of another U.S.
8    jurisdiction and has applied in writing to the Department,
9    in form and substance satisfactory to the Department, for a
10    license as a licensed practical nurse and who is qualified
11    to receive such license under this Act, until (i) the
12    expiration of 6 months after the filing of such written
13    application, (ii) the withdrawal of such application, or
14    (iii) the denial of such application by the Department.
15        (8) The practice of advanced practice nursing by one
16    who is an advanced practice nurse under the laws of another
17    state, territory of the United States, or country and has
18    applied in writing to the Department, in form and substance
19    satisfactory to the Department, for a license as an
20    advanced practice nurse and who is qualified to receive
21    such license under this Act, until (i) the expiration of 6
22    months after the filing of such written application, (ii)
23    the withdrawal of such application, or (iii) the denial of
24    such application by the Department.
25        (9) The practice of professional nursing by one who is
26    a registered professional nurse under the laws of another

 

 

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1    state, territory of the United States or country and has
2    applied in writing to the Department, in form and substance
3    satisfactory to the Department, for a license as a
4    registered professional nurse and who is qualified to
5    receive such license under Section 55-10, until (1) the
6    expiration of 6 months after the filing of such written
7    application, (2) the withdrawal of such application, or (3)
8    the denial of such application by the Department.
9        (10) The practice of professional nursing that is
10    included in a program of study by one who is a registered
11    professional nurse under the laws of another state or
12    territory of the United States or foreign country,
13    territory or province and who is enrolled in a graduate
14    nursing education program or a program for the completion
15    of a baccalaureate nursing degree in this State, which
16    includes clinical supervision by faculty as determined by
17    the educational institution offering the program and the
18    health care organization where the practice of nursing
19    occurs.
20        (11) Any person licensed in this State under any other
21    Act from engaging in the practice for which she or he is
22    licensed.
23        (12) Delegation to authorized direct care staff
24    trained under Section 15.4 of the Mental Health and
25    Developmental Disabilities Administrative Act consistent
26    with the policies of the Department.

 

 

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1        (13) The practice, services, or activities of persons
2    practicing the specified occupations set forth in
3    subsection (a) of, and pursuant to a licensing exemption
4    granted in subsection (b) or (d) of, Section 2105-350 of
5    the Department of Professional Regulation Law of the Civil
6    Administrative Code of Illinois, but only for so long as
7    the 2016 Olympic and Paralympic Games Professional
8    Licensure Exemption Law is operable.
9        (14) County correctional personnel from delivering
10    prepackaged medication for self-administration to an
11    individual detainee in a correctional facility.
12    Nothing in this Act shall be construed to limit the
13delegation of tasks or duties by a physician, dentist, or
14podiatrist to a licensed practical nurse, a registered
15professional nurse, or other persons.
16(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
17eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
18    (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 55-10. Qualifications for LPN licensure.
21    (a) Each applicant who successfully meets the requirements
22of this Section shall be entitled to licensure as a Licensed
23Practical Nurse.
24    (b) An applicant for licensure by examination to practice
25as a practical nurse must do each of the following:

 

 

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1        (1) Submit a completed written application, on forms
2    provided by the Department and fees as established by the
3    Department.
4        (2) Have graduated from a practical nursing education
5    program approved by the Department or have been granted a
6    certificate of completion of pre-licensure requirements
7    from another United States jurisdiction.
8        (3) Successfully complete a licensure examination
9    approved by the Department.
10        (4) Have not violated the provisions of this Act
11    concerning the grounds for disciplinary action. The
12    Department may take into consideration any felony
13    conviction of the applicant, but such a conviction shall
14    not operate as an absolute bar to licensure.
15        (5) Submit to the criminal history records check
16    required under Section 50-35 of this Act.
17        (6) Submit either to the Department or its designated
18    testing service, a fee covering the cost of providing the
19    examination. Failure to appear for the examination on the
20    scheduled date at the time and place specified after the
21    applicant's application for examination has been received
22    and acknowledged by the Department or the designated
23    testing service shall result in the forfeiture of the
24    examination fee.
25        (7) Meet all other requirements established by rule.
26    An applicant for licensure by examination may take the

 

 

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1Department-approved examination in another jurisdiction.
2    (b-5) If an applicant for licensure by examination
3neglects, fails, or refuses to take an examination or fails to
4pass an examination for a license under this Act within 3 years
5after filing the application, the application shall be denied.
6The applicant must enroll in and complete an approved practical
7nursing education program prior to submitting an additional
8application for the licensure exam.
9    An applicant may take and successfully complete a
10Department-approved examination in another jurisdiction.
11However, an applicant who has never been licensed previously in
12any jurisdiction that utilizes a Department-approved
13examination and who has taken and failed to pass the
14examination within 3 years after filing the application must
15submit proof of successful completion of a
16Department-authorized nursing education program or
17recompletion of an approved licensed practical nursing program
18prior to re-application.
19    (c) An applicant for licensure by examination shall have
20one year from the date of notification of successful completion
21of the examination to apply to the Department for a license. If
22an applicant fails to apply within one year, the applicant
23shall be required to retake and pass the examination unless
24licensed in another jurisdiction of the United States.
25    (d) A licensed practical nurse applicant who passes the
26Department-approved licensure examination and has applied to

 

 

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1the Department for licensure may obtain employment as a
2license-pending practical nurse and practice as delegated by a
3registered professional nurse or an advanced practice nurse or
4physician. An individual may be employed as a license-pending
5practical nurse if all of the following criteria are met:
6        (1) He or she has completed and passed the
7    Department-approved licensure exam and presents to the
8    employer the official written notification indicating
9    successful passage of the licensure examination.
10        (2) He or she has completed and submitted to the
11    Department an application for licensure under this Section
12    as a practical nurse.
13        (3) He or she has submitted the required licensure fee.
14        (4) He or she has met all other requirements
15    established by rule, including having submitted to a
16    criminal history records check.
17    (e) The privilege to practice as a license-pending
18practical nurse shall terminate with the occurrence of any of
19the following:
20        (1) Three months have passed since the official date of
21    passing the licensure exam as inscribed on the formal
22    written notification indicating passage of the exam. This
23    3-month period may be extended as determined by rule.
24        (2) Receipt of the practical nurse license from the
25    Department.
26        (3) Notification from the Department that the

 

 

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1    application for licensure has been denied.
2        (4) A request by the Department that the individual
3    terminate practicing as a license-pending practical nurse
4    until an official decision is made by the Department to
5    grant or deny a practical nurse license.
6    (f) An applicant for licensure by endorsement who is a
7licensed practical nurse licensed by examination under the laws
8of another state or territory of the United States or a foreign
9country, jurisdiction, territory, or province must do each of
10the following:
11        (1) Submit a completed written application, on forms
12    supplied by the Department, and fees as established by the
13    Department.
14        (2) Have graduated from a practical nursing education
15    program approved by the Department.
16        (3) Submit verification of licensure status directly
17    from the United States jurisdiction of licensure, if
18    applicable, as defined by rule.
19        (4) Submit to the criminal history records check
20    required under Section 50-35 of this Act.
21        (5) Meet all other requirements as established by the
22    Department by rule.
23    (g) All applicants for practical nurse licensure by
24examination or endorsement who are graduates of nursing
25educational programs in a country other than the United States
26or its territories shall have their nursing education

 

 

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1credentials evaluated by a Department-approved nursing
2credentialing evaluation service. No such applicant may be
3issued a license under this Act unless the applicant's program
4is deemed by the nursing credentialing evaluation service to be
5equivalent to a professional nursing education program
6approved by the Department. An applicant who has graduated from
7a nursing educational program outside of the United States or
8its territories and whose first language is not English shall
9submit certification of passage of the Test of English as a
10Foreign Language (TOEFL), as defined by rule. The Department
11may, upon recommendation from the nursing evaluation service,
12waive the requirement that the applicant pass the TOEFL
13examination if the applicant submits verification of the
14successful completion of a nursing education program conducted
15in English. The requirements of this subsection (d) may be
16satisfied by the showing of proof of a certificate from the
17Certificate Program or the VisaScreen Program of the Commission
18on Graduates of Foreign Nursing Schools.
19    (h) An applicant licensed in another state or territory who
20is applying for licensure and has received her or his education
21in a country other than the United States or its territories
22shall have her or his nursing education credentials evaluated
23by a Department-approved nursing credentialing evaluation
24service. No such applicant may be issued a license under this
25Act unless the applicant's program is deemed by the nursing
26credentialing evaluation service to be equivalent to a

 

 

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1professional nursing education program approved by the
2Department. An applicant who has graduated from a nursing
3educational program outside of the United States or its
4territories and whose first language is not English shall
5submit certification of passage of the Test of English as a
6Foreign Language (TOEFL), as defined by rule. The Department
7may, upon recommendation from the nursing evaluation service,
8waive the requirement that the applicant pass the TOEFL
9examination if the applicant submits verification of the
10successful completion of a nursing education program conducted
11in English or the successful passage of an approved licensing
12examination given in English. The requirements of this
13subsection (d-5) may be satisfied by the showing of proof of a
14certificate from the Certificate Program or the VisaScreen
15Program of the Commission on Graduates of Foreign Nursing
16Schools.
17    (i) A licensed practical nurse who holds an unencumbered
18license in good standing in another United States jurisdiction
19and who has applied for practical nurse licensure under this
20Act by endorsement may be issued a temporary license, if
21satisfactory proof of such licensure in another jurisdiction is
22presented to the Department. The Department shall not issue an
23applicant a temporary practical nurse license until it is
24satisfied that the applicant holds an active, unencumbered
25license in good standing in another jurisdiction. If the
26applicant holds more than one current active license or one or

 

 

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1more active temporary licenses from another jurisdiction, the
2Department may not issue a temporary license until the
3Department is satisfied that each current active license held
4by the applicant is unencumbered. The temporary license, which
5shall be issued no later than 14 working days following receipt
6by the Department of an application for the temporary license,
7shall be granted upon the submission of all of the following to
8the Department:
9        (1) A completed application for licensure as a
10    practical nurse.
11        (2) Proof of a current, active license in at least one
12    other jurisdiction of the United States and proof that each
13    current active license or temporary license held by the
14    applicant within the last 5 years is unencumbered.
15        (3) A signed and completed application for a temporary
16    license.
17        (4) The required temporary license fee.
18    (j) The Department may refuse to issue an applicant a
19temporary license authorized pursuant to this Section if,
20within 14 working days following its receipt of an application
21for a temporary license, the Department determines that:
22        (1) the applicant has been convicted of a crime under
23    the laws of a jurisdiction of the United States that is:
24    (i) a felony; or (ii) a misdemeanor directly related to the
25    practice of the profession, within the last 5 years;
26        (2) the applicant has had a license or permit related

 

 

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1    to the practice of practical nursing revoked, suspended, or
2    placed on probation by another jurisdiction within the last
3    5 years and at least one of the grounds for revoking,
4    suspending, or placing on probation is the same or
5    substantially equivalent to grounds in Illinois; or
6        (3) the Department intends to deny licensure by
7    endorsement.
8    (k) The Department may revoke a temporary license issued
9pursuant to this Section if it determines any of the following:
10        (1) That the applicant has been convicted of a crime
11    under the law of any jurisdiction of the United States that
12    is (i) a felony or (ii) a misdemeanor directly related to
13    the practice of the profession, within the last 5 years.
14        (2) That within the last 5 years the applicant has had
15    a license or permit related to the practice of nursing
16    revoked, suspended, or placed on probation by another
17    jurisdiction, and at least one of the grounds for revoking,
18    suspending, or placing on probation is the same or
19    substantially equivalent to grounds for disciplinary
20    action under this Act.
21        (3) That the Department intends to deny licensure by
22    endorsement.
23    (l) A temporary license shall expire 6 months from the date
24of issuance. Further renewal may be granted by the Department
25in hardship cases, as defined by rule and upon approval of the
26Secretary. However, a temporary license shall automatically

 

 

SB1305 Engrossed- 36 -LRB097 08927 CEL 49059 b

1expire upon issuance of a valid license under this Act or upon
2notification that the Department intends to deny licensure,
3whichever occurs first.
4    (m) All applicants for practical nurse licensure have 3
5years from the date of application to complete the application
6process. If the process has not been completed within 3 years
7from the date of application, the application shall be denied,
8the fee forfeited, and the applicant must reapply and meet the
9requirements in effect at the time of reapplication.
10    (n) A practical nurse licensed by a party state under the
11Nurse Licensure Compact under Article 80 of this Act is granted
12the privilege to practice practical nursing in this State.
13(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
1495-639, eff. 10-5-07.)
 
15    (225 ILCS 65/60-10)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 60-10. Qualifications for RN licensure.
18    (a) Each applicant who successfully meets the requirements
19of this Section shall be entitled to licensure as a registered
20professional nurse.
21    (b) An applicant for licensure by examination to practice
22as a registered professional nurse must do each of the
23following:
24        (1) Submit a completed written application, on forms
25    provided by the Department, and fees, as established by the

 

 

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1    Department.
2        (2) Have graduated from a professional nursing
3    education program approved by the Department or have been
4    granted a certificate of completion of pre-licensure
5    requirements from another United States jurisdiction.
6        (3) Successfully complete a licensure examination
7    approved by the Department.
8        (4) Have not violated the provisions of this Act
9    concerning the grounds for disciplinary action. The
10    Department may take into consideration any felony
11    conviction of the applicant, but such a conviction may not
12    operate as an absolute bar to licensure.
13        (5) Submit to the criminal history records check
14    required under Section 50-35 of this Act.
15        (6) Submit, either to the Department or its designated
16    testing service, a fee covering the cost of providing the
17    examination. Failure to appear for the examination on the
18    scheduled date at the time and place specified after the
19    applicant's application for examination has been received
20    and acknowledged by the Department or the designated
21    testing service shall result in the forfeiture of the
22    examination fee.
23        (7) Meet all other requirements established by the
24    Department by rule. An applicant for licensure by
25    examination may take the Department-approved examination
26    in another jurisdiction.

 

 

SB1305 Engrossed- 38 -LRB097 08927 CEL 49059 b

1    (b-5) If an applicant for licensure by examination
2neglects, fails, or refuses to take an examination or fails to
3pass an examination for a license within 3 years after filing
4the application, the application shall be denied. The applicant
5may make a new application accompanied by the required fee,
6evidence of meeting the requirements in force at the time of
7the new application, and proof of the successful completion of
8at least 2 additional years of professional nursing education.
9    (c) An applicant for licensure by examination shall have
10one year after the date of notification of the successful
11completion of the examination to apply to the Department for a
12license. If an applicant fails to apply within one year, the
13applicant shall be required to retake and pass the examination
14unless licensed in another jurisdiction of the United States.
15    (d) An applicant for licensure by examination who passes
16the Department-approved licensure examination for professional
17nursing may obtain employment as a license-pending registered
18nurse and practice under the direction of a registered
19professional nurse or an advanced practice nurse until such
20time as he or she receives his or her license to practice or
21until the license is denied. In no instance shall any such
22applicant practice or be employed in any management capacity.
23An individual may be employed as a license-pending registered
24nurse if all of the following criteria are met:
25        (1) He or she has completed and passed the
26    Department-approved licensure exam and presents to the

 

 

SB1305 Engrossed- 39 -LRB097 08927 CEL 49059 b

1    employer the official written notification indicating
2    successful passage of the licensure examination.
3        (2) He or she has completed and submitted to the
4    Department an application for licensure under this Section
5    as a registered professional nurse.
6        (3) He or she has submitted the required licensure fee.
7        (4) He or she has met all other requirements
8    established by rule, including having submitted to a
9    criminal history records check.
10    (e) The privilege to practice as a license-pending
11registered nurse shall terminate with the occurrence of any of
12the following:
13        (1) Three months have passed since the official date of
14    passing the licensure exam as inscribed on the formal
15    written notification indicating passage of the exam. The
16    3-month license pending period may be extended if more time
17    is needed by the Department to process the licensure
18    application.
19        (2) Receipt of the registered professional nurse
20    license from the Department.
21        (3) Notification from the Department that the
22    application for licensure has been refused.
23        (4) A request by the Department that the individual
24    terminate practicing as a license-pending registered nurse
25    until an official decision is made by the Department to
26    grant or deny a registered professional nurse license.

 

 

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1    (f) An applicant for registered professional nurse
2licensure by endorsement who is a registered professional nurse
3licensed by examination under the laws of another state or
4territory of the United States must do each of the following:
5        (1) Submit a completed written application, on forms
6    supplied by the Department, and fees as established by the
7    Department.
8        (2) Have graduated from a registered professional
9    nursing education program approved by the Department.
10        (3) Submit verification of licensure status directly
11    from the United States jurisdiction of licensure, if
12    applicable, as defined by rule.
13        (4) Submit to the criminal history records check
14    required under Section 50-35 of this Act.
15        (5) Meet all other requirements as established by the
16    Department by rule.
17    (g) Pending the issuance of a license under this Section,
18the Department may grant an applicant a temporary license to
19practice nursing as a registered professional nurse if the
20Department is satisfied that the applicant holds an active,
21unencumbered license in good standing in another U.S.
22jurisdiction. If the applicant holds more than one current
23active license or one or more active temporary licenses from
24another jurisdiction, the Department may not issue a temporary
25license until the Department is satisfied that each current
26active license held by the applicant is unencumbered. The

 

 

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1temporary license, which shall be issued no later than 14
2working days after receipt by the Department of an application
3for the temporary license, shall be granted upon the submission
4of all of the following to the Department:
5        (1) A completed application for licensure as a
6    registered professional nurse.
7        (2) Proof of a current, active license in at least one
8    other jurisdiction of the United States and proof that each
9    current active license or temporary license held by the
10    applicant within the last 5 years is unencumbered.
11        (3) A completed application for a temporary license.
12        (4) The required temporary license fee.
13    (h) The Department may refuse to issue an applicant a
14temporary license authorized pursuant to this Section if,
15within 14 working days after its receipt of an application for
16a temporary license, the Department determines that:
17        (1) the applicant has been convicted of a crime under
18    the laws of a jurisdiction of the United States that is (i)
19    a felony or (ii) a misdemeanor directly related to the
20    practice of the profession, within the last 5 years;
21        (2) the applicant has had a license or permit related
22    to the practice of nursing revoked, suspended, or placed on
23    probation by another jurisdiction within the last 5 years,
24    if at least one of the grounds for revoking, suspending, or
25    placing on probation is the same or substantially
26    equivalent to grounds for disciplinary action under this

 

 

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1    Act; or
2        (3) the Department intends to deny licensure by
3    endorsement.
4    (i) The Department may revoke a temporary license issued
5pursuant to this Section if it determines any of the following:
6        (1) That the applicant has been convicted of a crime
7    under the laws of any jurisdiction of the United States
8    that is (i) a felony or (ii) a misdemeanor directly related
9    to the practice of the profession, within the last 5 years.
10        (2) That within the last 5 years, the applicant has had
11    a license or permit related to the practice of nursing
12    revoked, suspended, or placed on probation by another
13    jurisdiction, if at least one of the grounds for revoking,
14    suspending, or placing on probation is the same or
15    substantially equivalent to grounds for disciplinary
16    action under this Act.
17        (3) That it intends to deny licensure by endorsement.
18    (j) A temporary license issued under this Section shall
19expire 6 months after the date of issuance. Further renewal may
20be granted by the Department in hardship cases, as defined by
21rule and upon approval of the Secretary. However, a temporary
22license shall automatically expire upon issuance of the
23Illinois license or upon notification that the Department
24intends to deny licensure, whichever occurs first.
25    (k) All applicants for registered professional nurse
26licensure have 3 years after the date of application to

 

 

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1complete the application process. If the process has not been
2completed within 3 years after the date of application, the
3application shall be denied, the fee forfeited, and the
4applicant must reapply and meet the requirements in effect at
5the time of reapplication.
6    (l) All applicants for registered nurse licensure by
7examination or endorsement who are graduates of practical
8nursing educational programs in a country other than the United
9States and its territories shall have their nursing education
10credentials evaluated by a Department-approved nursing
11credentialing evaluation service. No such applicant may be
12issued a license under this Act unless the applicant's program
13is deemed by the nursing credentialing evaluation service to be
14equivalent to a professional nursing education program
15approved by the Department. An applicant who has graduated from
16a nursing educational program outside of the United States or
17its territories and whose first language is not English shall
18submit certification of passage of the Test of English as a
19Foreign Language (TOEFL), as defined by rule. The Department
20may, upon recommendation from the nursing evaluation service,
21waive the requirement that the applicant pass the TOEFL
22examination if the applicant submits verification of the
23successful completion of a nursing education program conducted
24in English. The requirements of this subsection (l) may be
25satisfied by the showing of proof of a certificate from the
26Certificate Program or the VisaScreen Program of the Commission

 

 

SB1305 Engrossed- 44 -LRB097 08927 CEL 49059 b

1on Graduates of Foreign Nursing Schools.
2    (m) An applicant licensed in another state or territory who
3is applying for licensure and has received her or his education
4in a country other than the United States or its territories
5shall have her or his nursing education credentials evaluated
6by a Department-approved nursing credentialing evaluation
7service. No such applicant may be issued a license under this
8Act unless the applicant's program is deemed by the nursing
9credentialing evaluation service to be equivalent to a
10professional nursing education program approved by the
11Department. An applicant who has graduated from a nursing
12educational program outside of the United States or its
13territories and whose first language is not English shall
14submit certification of passage of the Test of English as a
15Foreign Language (TOEFL), as defined by rule. The Department
16may, upon recommendation from the nursing evaluation service,
17waive the requirement that the applicant pass the TOEFL
18examination if the applicant submits verification of the
19successful completion of a nursing education program conducted
20in English or the successful passage of an approved licensing
21examination given in English. The requirements of this
22subsection (m) may be satisfied by the showing of proof of a
23certificate from the Certificate Program or the VisaScreen
24Program of the Commission on Graduates of Foreign Nursing
25Schools.
26    (n) A registered nurse licensed by a party state under the

 

 

SB1305 Engrossed- 45 -LRB097 08927 CEL 49059 b

1Nurse Licensure Compact under Article 80 of this Act is granted
2the privilege to practice registered nursing in this State.
3(Source: P.A. 95-639, eff. 10-5-07.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2013.