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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 65/) Nurse Practice Act.

225 ILCS 65/Art. 55

 
    (225 ILCS 65/Art. 55 heading) (was 225 ILCS 65/Tit. 10 heading)
ARTICLE 55. NURSING LICENSURE - LICENSED
PRACTICAL NURSES
(Article scheduled to be repealed on January 1, 2018)
(Source: P.A. 95-639, eff. 10-5-07.)

225 ILCS 65/55-5

    (225 ILCS 65/55-5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-5. LPN education program requirements.
    (a) All Illinois practical nurse education programs must be reviewed by the Board and approved by the Department before the successful completion of such a program may be applied toward meeting the requirements for practical nurse licensure under this Act. Any program changing the level of educational preparation or the relationship with or to the parent institution or establishing an extension of an existing program must request a review by the Board and approval by the Department. The Board shall review and make a recommendation for the approval or disapproval of a program by the Department based on the following criteria:
        (1) a feasibility study that describes the need for
    
the program and the facilities used, the potential of the program to recruit faculty and students, financial support for the program, and other criteria, as established by rule;
        (2) program curriculum that meets all State
    
requirements;
        (3) the administration of the program by a Nurse
    
Administrator and the involvement of a Nurse Administrator in the development of the program; and
        (4) the occurrence of a site visit prior to approval.
    (b) In order to obtain initial Department approval and to maintain Department approval, a practical nursing program must meet all of the following requirements:
        (1) The program must continually be administered by
    
a Nurse Administrator.
        (2) The institution responsible for conducting the
    
program and the Nurse Administrator must ensure that individual faculty members are academically and professionally competent.
        (3) The program curriculum must contain all
    
applicable requirements established by rule, including both theory and clinical components.
        (4) The passage rates of the program's graduating
    
classes on the State-approved licensure exam must be deemed satisfactory by the Department.
    (c) Program site visits to an institution conducting or hosting a practical nursing program may be made at the discretion of the Nursing Coordinator or upon recommendation of the Board.
    (d) Any institution conducting a practical nursing program that wishes to discontinue the program must do each of the following:
        (1) Notify the Department, in writing, of its intent
    
to discontinue the program.
        (2) Continue to meet the requirements of this Act
    
and the rules adopted thereunder until the official date of termination of the program.
        (3) Notify the Department of the date on which the
    
last student shall graduate from the program and the program shall terminate.
        (4) Assist remaining students in the continuation of
    
their education in the event of program termination prior to the graduation of the program's final student.
        (5) Upon the closure of the program, notify the
    
Department, in writing, of the location of student and graduate records storage.
(Source: P.A. 95-639, eff. 10-5-07.)

225 ILCS 65/55-10

    (225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-10. Qualifications for LPN licensure.
    (a) Each applicant who successfully meets the requirements of this Section shall be entitled to licensure as a Licensed Practical Nurse.
    (b) An applicant for licensure by examination to practice as a practical nurse must do each of the following:
        (1) Submit a completed written application, on forms
    
provided by the Department and fees as established by the Department.
        (2) Have graduated from a practical nursing education
    
program approved by the Department or have been granted a certificate of completion of pre-licensure requirements from another United States jurisdiction.
        (3) Successfully complete a licensure examination
    
approved by the Department.
        (4) Have not violated the provisions of this Act
    
concerning the grounds for disciplinary action. The Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as an absolute bar to licensure.
        (5) Submit to the criminal history records check
    
required under Section 50-35 of this Act.
        (6) Submit either to the Department or its designated
    
testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination fee.
        (7) Meet all other requirements established by rule.
    An applicant for licensure by examination may take the Department-approved examination in another jurisdiction.
    (b-5) If an applicant for licensure by examination neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing the application, the application shall be denied. The applicant must enroll in and complete an approved practical nursing education program prior to submitting an additional application for the licensure exam.
    An applicant may take and successfully complete a Department-approved examination in another jurisdiction. However, an applicant who has never been licensed previously in any jurisdiction that utilizes a Department-approved examination and who has taken and failed to pass the examination within 3 years after filing the application must submit proof of successful completion of a Department-authorized nursing education program or recompletion of an approved licensed practical nursing program prior to re-application.
    (c) An applicant for licensure by examination shall have one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to retake and pass the examination unless licensed in another jurisdiction of the United States.
    (d) A licensed practical nurse applicant who passes the Department-approved licensure examination and has applied to the Department for licensure may obtain employment as a license-pending practical nurse and practice as delegated by a registered professional nurse or an advanced practice nurse or physician. An individual may be employed as a license-pending practical nurse if all of the following criteria are met:
        (1) He or she has completed and passed the
    
Department-approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
        (2) He or she has completed and submitted to the
    
Department an application for licensure under this Section as a practical nurse.
        (3) He or she has submitted the required licensure
    
fee.
        (4) He or she has met all other requirements
    
established by rule, including having submitted to a criminal history records check.
    (e) The privilege to practice as a license-pending practical nurse shall terminate with the occurrence of any of the following:
        (1) Three months have passed since the official date
    
of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. This 3-month period may be extended as determined by rule.
        (2) Receipt of the practical nurse license from the
    
Department.
        (3) Notification from the Department that the
    
application for licensure has been denied.
        (4) A request by the Department that the individual
    
terminate practicing as a license-pending practical nurse until an official decision is made by the Department to grant or deny a practical nurse license.
    (f) An applicant for licensure by endorsement who is a licensed practical nurse licensed by examination under the laws of another state or territory of the United States or a foreign country, jurisdiction, territory, or province must do each of the following:
        (1) Submit a completed written application, on forms
    
supplied by the Department, and fees as established by the Department.
        (2) Have graduated from a practical nursing education
    
program approved by the Department.
        (3) Submit verification of licensure status directly
    
from the United States jurisdiction of licensure, if applicable, as defined by rule.
        (4) Submit to the criminal history records check
    
required under Section 50-35 of this Act.
        (5) Meet all other requirements as established by the
    
Department by rule.
    (g) All applicants for practical nurse licensure by examination or endorsement who are graduates of nursing educational programs in a country other than the United States or its territories shall have their nursing education credentials evaluated by a Department-approved nursing credentialing evaluation service. No such applicant may be issued a license under this Act unless the applicant's program is deemed by the nursing credentialing evaluation service to be equivalent to a professional nursing education program approved by the Department. An applicant who has graduated from a nursing educational program outside of the United States or its territories and whose first language is not English shall submit certification of passage of the Test of English as a Foreign Language (TOEFL), as defined by rule. The Department may, upon recommendation from the nursing evaluation service, waive the requirement that the applicant pass the TOEFL examination if the applicant submits verification of the successful completion of a nursing education program conducted in English. The requirements of this subsection (d) may be satisfied by the showing of proof of a certificate from the Certificate Program or the VisaScreen Program of the Commission on Graduates of Foreign Nursing Schools.
    (h) An applicant licensed in another state or territory who is applying for licensure and has received her or his education in a country other than the United States or its territories shall have her or his nursing education credentials evaluated by a Department-approved nursing credentialing evaluation service. No such applicant may be issued a license under this Act unless the applicant's program is deemed by the nursing credentialing evaluation service to be equivalent to a professional nursing education program approved by the Department. An applicant who has graduated from a nursing educational program outside of the United States or its territories and whose first language is not English shall submit certification of passage of the Test of English as a Foreign Language (TOEFL), as defined by rule. The Department may, upon recommendation from the nursing evaluation service, waive the requirement that the applicant pass the TOEFL examination if the applicant submits verification of the successful completion of a nursing education program conducted in English or the successful passage of an approved licensing examination given in English. The requirements of this subsection (d-5) may be satisfied by the showing of proof of a certificate from the Certificate Program or the VisaScreen Program of the Commission on Graduates of Foreign Nursing Schools.
    (i) A licensed practical nurse who holds an unencumbered license in good standing in another United States jurisdiction and who has applied for practical nurse licensure under this Act by endorsement may be issued a temporary license, if satisfactory proof of such licensure in another jurisdiction is presented to the Department. The Department shall not issue an applicant a temporary practical nurse license until it is satisfied that the applicant holds an active, unencumbered license in good standing in another jurisdiction. If the applicant holds more than one current active license or one or more active temporary licenses from another jurisdiction, the Department may not issue a temporary license until the Department is satisfied that each current active license held by the applicant is unencumbered. The temporary license, which shall be issued no later than 14 working days following receipt by the Department of an application for the temporary license, shall be granted upon the submission of all of the following to the Department:
        (1) A completed application for licensure as a
    
practical nurse.
        (2) Proof of a current, active license in at least
    
one other jurisdiction of the United States and proof that each current active license or temporary license held by the applicant within the last 5 years is unencumbered.
        (3) A signed and completed application for a
    
temporary license.
        (4) The required temporary license fee.
    (j) The Department may refuse to issue an applicant a temporary license authorized pursuant to this Section if, within 14 working days following its receipt of an application for a temporary license, the Department determines that:
        (1) the applicant has been convicted of a crime under
    
the laws of a jurisdiction of the United States that is: (i) a felony; or (ii) a misdemeanor directly related to the practice of the profession, within the last 5 years;
        (2) the applicant has had a license or permit related
    
to the practice of practical nursing revoked, suspended, or placed on probation by another jurisdiction within the last 5 years and at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds in Illinois; or
        (3) the Department intends to deny licensure by
    
endorsement.
    (k) The Department may revoke a temporary license issued pursuant to this Section if it determines any of the following:
        (1) That the applicant has been convicted of a crime
    
under the law of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession, within the last 5 years.
        (2) That within the last 5 years the applicant has
    
had a license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, and at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act.
        (3) That the Department intends to deny licensure by
    
endorsement.
    (l) A temporary license shall expire 6 months from the date of issuance. Further renewal may be granted by the Department in hardship cases, as defined by rule and upon approval of the Secretary. However, a temporary license shall automatically expire upon issuance of a valid license under this Act or upon notification that the Department intends to deny licensure, whichever occurs first.
    (m) All applicants for practical nurse licensure have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years from the date of application, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07; 95-639, eff. 10-5-07.)

225 ILCS 65/55-15

    (225 ILCS 65/55-15)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-15. LPN license expiration; renewal. The expiration date and renewal period for each license to practice practical nursing issued under this Act shall be set by rule. The holder of a license may renew the license during the month preceding the expiration date of the license by paying the required fee. It is the responsibility of the licensee to notify the Department in writing of a change of address.
(Source: P.A. 95-639, eff. 10-5-07.)

225 ILCS 65/55-20

    (225 ILCS 65/55-20)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-20. Restoration of LPN license; temporary permit.
    (a) Any license to practice practical nursing issued under this Act that has expired or that is on inactive status may be restored by making application to the Department and filing proof of fitness acceptable to the Department, as specified by rule, to have the license restored, and by paying the required restoration fee. Such proof of fitness may include evidence certifying active lawful practice in another jurisdiction.
    (b) A practical nurse licensee seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Department, and submit the restoration or renewal fees set forth by the Department. The licensee must also submit proof of fitness to practice, including one of the following:
        (1) certification of active practice in another
    
jurisdiction, which may include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of said active practice;
        (2) proof of the successful completion of a
    
Department-approved licensure examination; or
        (3) an affidavit attesting to military service as
    
provided in subsection (c) of this Section; however, if application is made within 2 years after discharge and if all other provisions of subsection (c) of this Section are satisfied, the applicant shall be required to pay the current renewal fee.
    (c) Notwithstanding any other provision of this Act, any license to practice practical nursing issued under this Act that expired while the licensee was (i) in federal service on active duty with the Armed Forces of the United States or in the State Militia and called into service or training or (ii) in training or education under the supervision of the United States preliminary to induction into the military service may have the license restored without paying any lapsed renewal fees if, within 2 years after honorable termination of such service, training, or education, the applicant furnishes the Department with satisfactory evidence to the effect that the applicant has been so engaged and that the individual's service, training, or education has been so terminated.
    (d) Any practical nurse licensee who shall engage in the practice of practical nursing with a lapsed license or while on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under Section 70-5 of this Act.
    (e) Pending restoration of a license under this Section, the Department may grant an applicant a temporary permit to practice as a practical nurse if the Department is satisfied that the applicant holds an active, unencumbered license in good standing in another jurisdiction. If the applicant holds more than one current active license or one or more active temporary licenses from another jurisdiction, the Department shall not issue a temporary permit until it is satisfied that each current active license held by the applicant is unencumbered. The temporary permit, which shall be issued no later than 14 working days after receipt by the Department of an application for the permit, shall be granted upon the submission of all of the following to the Department:
        (1) A signed and completed application for
    
restoration of licensure under this Section as a licensed practical nurse.
        (2) Proof of (i) a current, active license in at
    
least one other jurisdiction and proof that each current, active license or temporary permit held by the applicant is unencumbered or (ii) fitness to practice nursing in this State, as specified by rule.
        (3) A signed and completed application for a
    
temporary permit.
        (4) The required permit fee.
    (f) The Department may refuse to issue to an applicant a temporary permit authorized under this Section if, within 14 working days after its receipt of an application for a temporary permit, the Department determines that:
        (1) the applicant has been convicted within the last
    
5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
        (2) within the last 5 years, the applicant has had a
    
license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act; or
        (3) the Department intends to deny restoration of
    
the license.
    (g) The Department may revoke a temporary permit issued under this Section if:
        (1) the Department determines that the applicant has
    
been convicted within the last 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
        (2) within the last 5 years, the applicant had a
    
license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction and at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act; or
        (3) the Department intends to deny restoration of
    
the license.
    (h) A temporary permit or renewed temporary permit shall expire (i) upon issuance of a valid license under this Act or (ii) upon notification that the Department intends to deny restoration of licensure. Except as otherwise provided in this Section, the temporary permit shall expire 6 months after the date of issuance. Further renewal may be granted by the Department in hardship cases that shall automatically expire upon issuance of a valid license under this Act or upon notification that the Department intends to deny licensure, whichever occurs first. No extensions shall be granted beyond the 6-month period, unless approved by the Secretary. Notification by the Department under this Section must be by certified or registered mail.
(Source: P.A. 95-639, eff. 10-5-07.)

225 ILCS 65/55-25

    (225 ILCS 65/55-25)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-25. Inactive status of a LPN license. Any licensed practical nurse who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until notice is given to the Department, in writing, of his or her intent to restore the license.
    Any practical nurse requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license, as provided by rule of the Department.
    Any practical nurse whose license is on an inactive status shall not practice nursing as defined by this Act in the State of Illinois.
(Source: P.A. 95-639, eff. 10-5-07.)

225 ILCS 65/55-30

    (225 ILCS 65/55-30)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-30. LPN scope of practice.
    (a) Practice as a licensed practical nurse means a scope of basic nursing practice, with or without compensation, as delegated by a registered professional nurse or an advanced practice nurse or as directed by a physician assistant, physician, dentist, or podiatric physician, and includes, but is not limited to, all of the following:
        (1) Collecting data and collaborating in the
    
assessment of the health status of a patient.
        (2) Collaborating in the development and
    
modification of the registered professional nurse's or advanced practice nurse's comprehensive nursing plan of care for all types of patients.
        (3) Implementing aspects of the plan of care as
    
delegated.
        (4) Participating in health teaching and counseling
    
to promote, attain, and maintain the optimum health level of patients, as delegated.
        (5) Serving as an advocate for the patient by
    
communicating and collaborating with other health service personnel, as delegated.
        (6) Participating in the evaluation of patient
    
responses to interventions.
        (7) Communicating and collaborating with other
    
health care professionals as delegated.
        (8) Providing input into the development of policies
    
and procedures to support patient safety.
(Source: P.A. 98-214, eff. 8-9-13.)

225 ILCS 65/55-35

    (225 ILCS 65/55-35)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55-35. Continuing education for LPN licensees. The Department may adopt rules of continuing education for licensed practical nurses that require 20 hours of continuing education per 2-year license renewal cycle. The rules shall address variances in part or in whole for good cause, including without limitation illness or hardship. The continuing education rules must ensure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.
(Source: P.A. 95-639, eff. 10-5-07.)