Public Act 093-0879
 
SB2756 Enrolled LRB093 19899 NHT 45642 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Nursing Education Scholarship Law is amended
by changing Sections 2, 3, 5, 6, and 7 as follows:
 
    (110 ILCS 975/2)  (from Ch. 144, par. 2752)
    Sec. 2. Legislative finding and declaration of policy. The
General Assembly finds and hereby declares that the provision
of a higher education leading to an associate degree in
nursing, an associate degree in applied sciences in nursing, a
hospital-based diploma in nursing, a baccalaureate degree in
nursing, a graduate degree in nursing, or a certificate in
practical nursing for persons of this State who desire such an
education is important to the health, welfare and security of
this State and Nation, and consequently is an important public
purpose. Many qualified and potential nurses are deterred by
financial considerations from pursuing their nursing
education, with consequent irreparable loss to the State and
Nation of talents vital to health, welfare and security. A
system of scholarships, repayment of which may be excused if
the individual is employed as a registered professional nurse
or a licensed practical nurse after obtaining an associate
degree in nursing, associate degree in applied sciences in
nursing, hospital-based diploma in nursing, baccalaureate
degree in nursing, graduate degree in nursing, or certificate
in practical nursing, will enable such individuals to attend
approved institutions of their choice in the State, public or
private.
(Source: P.A. 92-43, eff. 1-1-02.)
 
    (110 ILCS 975/3)  (from Ch. 144, par. 2753)
    Sec. 3. Definitions.
    The following terms, whenever used or referred to, have the
following meanings except where the context clearly indicates
otherwise:
    (1) "Board" means the Board of Higher Education created by
the Board of Higher Education Act.
    (2) "Department" means the Illinois Department of Public
Health.
    (3) "Approved institution" means a public community
college, private junior college, hospital-based diploma in
nursing program, or public or private college or university
located in this State that has approval by the Department of
Professional Regulation for an associate degree in nursing
program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program.
    (4) "Baccalaureate degree in nursing program" means a
program offered by an approved institution and leading to a
bachelor of science degree in nursing.
    (5) "Enrollment" means the establishment and maintenance
of an individual's status as a student in an approved
institution, regardless of the terms used at the institution to
describe such status.
    (6) "Academic year" means the period of time from September
1 of one year through August 31 of the next year or as
otherwise defined by the academic institution.
    (7) "Associate degree in nursing program or hospital-based
diploma in nursing program" means a program offered by an
approved institution and leading to an associate degree in
nursing, associate degree in applied sciences in nursing, or
hospital-based diploma in nursing.
    (8) "Graduate degree in nursing program" means a program
offered by an approved institution and leading to a master of
science degree in nursing or a doctorate of philosophy or
doctorate of nursing degree in nursing.
    (9) (8) "Director" means the Director of the Illinois
Department of Public Health.
    (10) (9) "Accepted for admission" means a student has
completed the requirements for entry into an associate degree
in nursing program, associate degree in applied sciences in
nursing program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program at
an approved institution, as documented by the institution.
    (11) (10) "Fees" means those mandatory charges, in addition
to tuition, that all enrolled students must pay, including
required course or lab fees.
    (12) (11) "Full-time student" means a student enrolled for
at least 12 hours per term or as otherwise determined by the
academic institution.
    (13) (12) "Law" means the Nursing Education Scholarship
Law.
    (14) (13) "Nursing employment obligation" means employment
in this State as a registered professional nurse or licensed
practical nurse in direct patient care or as a nurse educator
in the case of a graduate degree in nursing program recipient
for at least one year for each year of scholarship assistance
received through the Nursing Education Scholarship Program.
    (15) (14) "Part-time student" means a person who is
enrolled for at least one-third of the number of hours required
per term by a school for its full-time students.
    (16) (15) "Practical nursing program" means a program
offered by an approved institution leading to a certificate in
practical nursing.
    (17) (16) "Registered professional nurse" means a person
who is currently licensed as a registered professional nurse by
the Department of Professional Regulation under the Nursing and
Advanced Practice Nursing Act.
    (18) (17) "Licensed practical nurse" means a person who is
currently licensed as a licensed practical nurse by the
Department of Professional Regulation under the Nursing and
Advanced Practice Nursing Act.
    (19) (18) "School term" means an academic term, such as a
semester, quarter, trimester, or number of clock hours, as
defined by an approved institution.
    (20) (19) "Student in good standing" means a student
maintaining a cumulative grade point average equivalent to at
least the academic grade of a "C".
    (21) (20) "Total and permanent disability" means a physical
or mental impairment, disease, or loss of a permanent nature
that prevents nursing employment with or without reasonable
accommodation. Proof of disability shall be a declaration from
the social security administration, Illinois Industrial
Commission, Department of Defense, or an insurer authorized to
transact business in Illinois who is providing disability
insurance coverage to a contractor.
    (22) (21) "Tuition" means the established charges of an
institution of higher learning for instruction at that
institution.
    (23) "Nurse educator" means a person who is currently
licensed as a registered nurse by the Department of
Professional Regulation under the Nursing and Advanced
Practice Nursing Act, who has a graduate degree in nursing, and
who is employed by an approved academic institution to educate
registered nursing students, licensed practical nursing
students, and registered nurses pursuing graduate degrees.
(Source: P.A. 92-43, eff. 1-1-02.)
 
    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
    Sec. 5. Nursing education undergraduate scholarships.
Beginning with the fall term of the 2004-2005 2002-2003
academic year, the Department, in accordance with rules and
regulations promulgated by it for this program, shall provide
scholarships to individuals selected from among those
applicants who qualify for consideration by showing:
        (1) that he or she has been a resident of this State
    for at least one year prior to application, and is a
    citizen or a lawful permanent resident alien of the United
    States;
        (2) that he or she is enrolled in or accepted for
    admission to an associate degree in nursing program,
    hospital-based diploma in nursing program, baccalaureate
    degree in nursing program, graduate degree in nursing
    program, or practical nursing program at an approved
    institution; and
        (3) that he or she agrees to meet the nursing
    employment obligation.
    If in any year the number of qualified applicants exceeds
the number of scholarships to be awarded, the Department shall
give priority in awarding scholarships:
            (A) To to students in the greatest financial need,
        as shown on a standardized financial needs assessment
        form used by an approved institution who will pursue
        their education on a full-time or closest to full-time
        basis and who already have a certificate in practical
        nursing, a diploma in nursing, or an associate degree
        in nursing and are pursuing a higher degree.
            (B) To registered nurses pursuing a graduate
        degree in nursing to pursue employment in an approved
        institution that educates licensed practical nurses
        and that educates registered nurses in undergraduate
        and graduate nursing programs.
    Unless otherwise indicated, scholarships shall be awarded
to recipients at approved institutions for a period of up to 2
years if the recipient is enrolled in an associate degree in
nursing program, up to 3 years if the recipient is enrolled in
a hospital-based diploma in nursing program, up to 4 years if
the recipient is enrolled in a baccalaureate degree in nursing
program, up to 5 years if the recipient is enrolled in a
graduate degree in nursing program, and up to one year if the
recipient is enrolled in a certificate in practical nursing
program. At least 40% 50% of the scholarships awarded shall be
for recipients who are pursuing baccalaureate degrees in
nursing, 30% 40% of the scholarships awarded shall be for
recipients who are pursuing associate degrees in nursing or a
diploma in nursing, and 10% of the scholarships awarded shall
be for recipients who are pursuing a certificate in practical
nursing, and 20% of the scholarships awarded shall be for
recipients who are pursuing a graduate degree in nursing.
(Source: P.A. 92-43, eff. 1-1-02.)
 
    (110 ILCS 975/6)  (from Ch. 144, par. 2756)
    Sec. 6. Nursing requirements for scholarship recipients.
Within 12 months after graduation from an associate degree in
nursing program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program,
any recipient who accepted a scholarship under Section 5 shall
begin meeting the required nursing employment obligation. In
order to defer his or her continuous employment obligation, a
recipient must request the deferment in writing from the
Department. A recipient shall notify program staff within 30
days if he or she spends up to 4 years in military service
before or after graduation. A recipient shall notify program
staff within 30 days if he or she is enrolled in an academic
program leading to a graduate degree in nursing. If a recipient
receives funding through the Nursing Education Scholarship
Program for a higher degree, the nursing employment obligation
shall be deferred until he or she is no longer enrolled or has
graduated. The recipient must begin meeting the required
nursing employment obligations no later than 6 months after the
end of the deferments.
    Any person who fails to fulfill the nursing employment
obligation shall pay to the Department an amount equal to the
amount of scholarship funds received per year for each
unfulfilled year of the nursing employment obligation,
together with interest at 7% per year on the unpaid balance.
Payment must begin within 6 months following the date of the
occurrence initiating the repayment. All repayments must be
completed within 6 years from the date of the occurrence
initiating the repayment. However, this obligation may be
deferred and re-evaluated every 6 months when the failure to
fulfill the nursing employment obligation results from
involuntarily leaving the profession due to a decrease in the
number of nurses employed in the State or when the failure to
fulfill the nursing employment obligation results from total
and permanent disability. The repayment obligation shall be
excused if the failure to fulfill the nursing employment
obligation results from the death or adjudication as
incompetent of the person holding the scholarship. No claim for
repayment may be filed against the estate of such a decedent or
incompetent.
    Each person applying for such a scholarship shall be
provided with a copy of this Section at the time of application
for the benefits of such scholarship.
(Source: P.A. 92-43, eff. 1-1-02.)
 
    (110 ILCS 975/7)  (from Ch. 144, par. 2757)
    Sec. 7. Amount of scholarships. To determine a scholarship
amount, the Department shall consider tuition and fee charges
at community colleges and universities statewide and projected
living expenses. Using information provided annually by the
Illinois Student Assistance Commission, 75% of the weighted
tuition and fees charged by community colleges in Illinois
shall be added to the uniform living allowance reported in the
weighted Monetary Award Program (MAP) budget to determine the
full-time scholarship amount for students pursuing an
associate degree or diploma in nursing at an Illinois community
college. Scholarship amounts for students pursuing associate,
or baccalaureate, or graduate degrees in nursing at a college
or university shall include 75% of the weighted tuition and
fees charged by public universities in Illinois plus the
uniform living allowance reported in the weighted MAP budget.
Scholarship amounts for students in practical nursing programs
shall include 75% of the average of tuition charges at all
practical nursing programs plus the uniform living allowance
reported in the weighted MAP budget. The Department may provide
that scholarships shall be on a quarterly or semi-annual basis
and shall be contingent upon the student's diligently pursuing
nursing studies and being a student in good standing.
Scholarship awards may be provided to part-time students; the
amount shall be determined by applying the proportion
represented by the part-time enrollment to full-time
enrollment ratio to the average per-term scholarship amount for
a student in the same nursing degree category.
(Source: P.A. 92-43, eff. 1-1-02.)