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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 AND OCCUPATIONS
(225 ILCS 65/) Nursing and Advanced Practice Nursing Act.
225 ILCS 65/Art. 50
(225 ILCS 65/Art. 50 heading) (was 225 ILCS 65/Tit. 5 heading)
ARTICLE 50. GENERAL PROVISIONS
(Article scheduled to be repealed on January 1, 2018)(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑1
(225 ILCS 65/50‑1)
(was 225 ILCS 65/5‑1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑1. This Act may be cited as the
Nurse Practice Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑5
(225 ILCS 65/50‑5)
(was 225 ILCS 65/5‑5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑5. Legislative purpose. The practice of professional
and practical nursing
in the State of Illinois is hereby declared to affect the public
health, safety, and welfare and to be subject to regulation and
control in the public interest. It is further declared to be a
matter of public interest and concern that the practice of nursing,
as defined in this Act, merit and receive the confidence of the
public and that only qualified persons be authorized to so practice
in the State of Illinois. This Act shall be liberally construed
to best carry out these subjects and purposes.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑10
(225 ILCS 65/50‑10)
(was 225 ILCS 65/5‑10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑10. Definitions. Each of the following terms, when used
in this Act, shall have the meaning ascribed to it in this Section, except
where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of courses at a
college, university, or approved school, customarily regarded as the school
year as distinguished from the calendar year.
"Advanced practice nurse" or "APN" means a person who has met the qualifications for a (i) certified nurse midwife (CNM); (ii) certified nurse practitioner (CNP); (iii) certified registered nurse anesthetist (CRNA); or (iv) clinical nurse specialist (CNS) and has been licensed by the Department. All advanced practice nurses licensed and practicing in the State of Illinois shall use the title APN and may use speciality credentials after their name.
"Approved program of professional nursing education" and "approved
program of practical nursing education" are programs of professional or
practical nursing, respectively, approved by the Department under the
provisions of this Act.
"Board" means the Board of Nursing appointed by the Secretary. "Collaboration" means a process involving 2 or more health care professionals working together, each contributing one's respective area of expertise to provide more comprehensive patient care. "Consultation" means the process whereby an advanced practice nurse seeks the advice or opinion of another health care professional. "Credentialed" means the process of assessing and validating the qualifications of a health care professional. "Current nursing practice update course" means a planned nursing education curriculum approved by the Department consisting of activities that have educational objectives, instructional methods, content or subject matter, clinical practice, and evaluation methods, related to basic review and updating content and specifically planned for those nurses previously licensed in the United States or its territories and preparing for reentry into nursing practice. "Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act. "Department" means the Department of Financial and Professional Regulation. "Impaired nurse" means a nurse licensed under this Act who is unable to practice with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination or written consent based on clinical evidence, including loss of motor skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient degree to diminish his or her ability to deliver competent patient care. "License‑pending advanced practice nurse" means a registered professional nurse who has completed all requirements for licensure as an advanced practice nurse except the certification examination and has applied to take the next available certification exam and received a temporary license from the Department. "License‑pending registered nurse" means a person who has passed the Department‑approved registered nurse licensure exam and has applied for a license from the Department. A license‑pending registered nurse shall use the title "RN lic pend" on all documentation related to nursing practice. "Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987. "Podiatrist" means a person licensed to practice podiatry under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a person who is
licensed as a practical nurse under this Act and practices practical
nursing as defined in this Act. Only a practical nurse
licensed under this Act is entitled to use the title "licensed practical
nurse" and the abbreviation "L.P.N.".
"Practical nursing" means the performance of
nursing acts requiring the basic nursing knowledge, judgement, and skill
acquired by means of completion of an approved practical nursing education
program. Practical nursing includes assisting in the nursing process as
delegated by a registered professional nurse or an advanced practice nurse. The
practical nurse may work under the direction of a licensed physician, dentist,
podiatrist, or other health care professional determined by the Department.
"Privileged" means the authorization granted by the governing body of a healthcare facility, agency, or organization to provide specific patient care services within well‑defined limits, based on qualifications reviewed in the credentialing process.
"Registered Nurse" or "Registered Professional Nurse" means a person
who is licensed as a professional nurse under this Act and practices
nursing as defined in
this Act. Only a registered
nurse licensed under this Act is entitled to use the
titles "registered nurse" and "registered professional nurse" and the
abbreviation, "R.N.".
"Registered professional nursing practice" is a scientific process founded on a professional body of knowledge; it is a learned profession based on the understanding of the human condition across the life span and environment and
includes all
nursing
specialities and means the performance of any nursing act based upon
professional knowledge, judgment, and skills acquired by means of completion
of an approved professional nursing education program. A registered
professional nurse provides holistic nursing care through the nursing process
to individuals, groups, families, or communities, that includes but is not
limited to: (1) the assessment of healthcare needs, nursing diagnosis,
planning, implementation, and nursing evaluation; (2) the promotion,
maintenance, and restoration of health; (3) counseling, patient education,
health education, and patient advocacy; (4) the administration of medications
and treatments as prescribed by a physician licensed to practice medicine in
all of its branches, a licensed dentist, a licensed podiatrist, or a licensed
optometrist or as prescribed by a physician assistant in accordance with
written guidelines required under the Physician Assistant Practice Act of 1987
or by an advanced practice nurse in accordance with Article 65 of this Act; (5) the
coordination and management of the nursing plan of care; (6) the delegation to
and supervision of individuals who assist the registered professional nurse
implementing the plan of care; and (7) teaching nursing
students. The foregoing shall not be deemed to include
those acts of medical diagnosis or prescription of therapeutic or
corrective measures.
"Professional assistance program for nurses" means a professional
assistance program that meets criteria established by the Board of Nursing
and approved by the Secretary, which provides a non‑disciplinary treatment
approach for nurses licensed under this Act whose ability to practice is
compromised by alcohol or chemical substance addiction.
"Secretary" means the Secretary of Financial and Professional Regulation. "Unencumbered license" means a license issued in good standing. "Written collaborative agreement" means a written agreement between an advanced practice nurse and a collaborating physician, dentist, or podiatrist pursuant to Section 65‑35.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑15
(225 ILCS 65/50‑15)
(was 225 ILCS 65/5‑15)
(Text of Section from P.A. 96‑7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑15. Policy; application of Act. (a) For the protection of life and the
promotion of health, and the prevention of illness and communicable diseases,
any person practicing or offering to practice advanced,
professional, or practical
nursing in Illinois shall submit evidence that he or she is qualified to
practice, and shall be licensed as provided under this Act. No person shall
practice or offer to practice advanced, professional, or practical nursing in Illinois or
use any title, sign, card or device to indicate that such a person is
practicing professional or practical nursing unless such person has been
licensed under the provisions of this Act.
(b) This Act does not prohibit the following:
(1) The practice of nursing in Federal employment in
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the discharge of the employee's duties by a person who is employed by the United States government or any bureau, division or agency thereof and is a legally qualified and licensed nurse of another state or territory and not in conflict with Sections 50‑50, 55‑10, 60‑10, and 70‑5 of this Act.
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(2) Nursing that is included in the program of study
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by students enrolled in programs of nursing or in current nurse practice update courses approved by the Department.
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(3) The furnishing of nursing assistance in an
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(4) The practice of nursing by a nurse who holds an
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active license in another state when providing services to patients in Illinois during a bonafide emergency or in immediate preparation for or during interstate transit.
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(5) The incidental care of the sick by members of
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the family, domestic servants or housekeepers, or care of the sick where treatment is by prayer or spiritual means.
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(6) Persons from being employed as unlicensed
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assistive personnel in private homes, long term care facilities, nurseries, hospitals or other institutions.
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(7) The practice of practical nursing by one who is
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a licensed practical nurse under the laws of another U.S. jurisdiction and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a licensed practical nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.
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(8) The practice of
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advanced practice nursing by one who is an advanced practice nurse under the laws of another state, territory of the United States, or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as an advanced practice nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.
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(9) The practice of professional nursing by one who
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is a registered professional nurse under the laws of another state, territory of the United States or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a registered professional nurse and who is qualified to receive such license under Section 55‑10, until (1) the expiration of 6 months after the filing of such written application, (2) the withdrawal of such application, or (3) the denial of such application by the Department.
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(10) The practice of professional nursing that is
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included in a program of study by one who is a registered professional nurse under the laws of another state or territory of the United States or foreign country, territory or province and who is enrolled in a graduate nursing education program or a program for the completion of a baccalaureate nursing degree in this State, which includes clinical supervision by faculty as determined by the educational institution offering the program and the health care organization where the practice of nursing occurs.
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(11) Any person licensed in this State under any
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other Act from engaging in the practice for which she or he is licensed.
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(12) Delegation to authorized direct care staff
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trained under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act consistent with the policies of the Department.
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(13) The practice, services, or activities of
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persons practicing the specified occupations set forth in subsection (a) of, and pursuant to a licensing exemption granted in subsection (b) or (d) of, Section 2105‑350 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, but only for so long as the 2016 Olympic and Paralympic Games Professional Licensure Exemption Law is operable.
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Nothing in this Act shall be construed to limit the
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delegation of tasks or duties by a physician, dentist, or podiatrist to a licensed practical nurse, a registered professional nurse, or other persons.
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(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑876, eff. 8‑21‑08; 96‑7, eff. 4‑3‑09.)
(Text of Section from P.A. 96‑516)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑15. Policy; application of Act.
(a) For the protection of life and the
promotion of health, and the prevention of illness and communicable diseases,
any person practicing or offering to practice advanced,
professional, or practical
nursing in Illinois shall submit evidence that he or she is qualified to
practice, and shall be licensed as provided under this Act. No person shall
practice or offer to practice advanced, professional, or practical nursing in Illinois or
use any title, sign, card or device to indicate that such a person is
practicing professional or practical nursing unless such person has been
licensed under the provisions of this Act.
(b) This Act does not prohibit the following:
(1) The practice of nursing in Federal employment in
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the discharge of the employee's duties by a person who is employed by the United States government or any bureau, division or agency thereof and is a legally qualified and licensed nurse of another state or territory and not in conflict with Sections 50‑50, 55‑10, 60‑10, and 70‑5 of this Act.
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(2) Nursing that is included in the program of study
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by students enrolled in programs of nursing or in current nurse practice update courses approved by the Department.
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(3) The furnishing of nursing assistance in an
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(4) The practice of nursing by a nurse who holds an
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active license in another state when providing services to patients in Illinois during a bonafide emergency or in immediate preparation for or during interstate transit.
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(5) The incidental care of the sick by members of
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the family, domestic servants or housekeepers, or care of the sick where treatment is by prayer or spiritual means.
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(6) Persons from being employed as unlicensed
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assistive personnel in private homes, long term care facilities, nurseries, hospitals or other institutions.
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(7) The practice of practical nursing by one who is
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a licensed practical nurse under the laws of another U.S. jurisdiction and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a licensed practical nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.
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(8) The practice of
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advanced practice nursing by one who is an advanced practice nurse under the laws of another state, territory of the United States, or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as an advanced practice nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.
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(9) The practice of professional nursing by one who
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is a registered professional nurse under the laws of another state, territory of the United States or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a registered professional nurse and who is qualified to receive such license under Section 55‑10, until (1) the expiration of 6 months after the filing of such written application, (2) the withdrawal of such application, or (3) the denial of such application by the Department.
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(10) The practice of professional nursing that is
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included in a program of study by one who is a registered professional nurse under the laws of another state or territory of the United States or foreign country, territory or province and who is enrolled in a graduate nursing education program or a program for the completion of a baccalaureate nursing degree in this State, which includes clinical supervision by faculty as determined by the educational institution offering the program and the health care organization where the practice of nursing occurs.
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(11) Any person licensed in this State under any
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other Act from engaging in the practice for which she or he is licensed.
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(12) Delegation to authorized direct care staff
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trained under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act consistent with the policies of the Department.
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(13) County correctional personnel from delivering
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prepackaged medication for self‑administration to an individual detainee in a correctional facility.
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Nothing in this Act shall be construed to limit the
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delegation of tasks or duties by a physician, dentist, or podiatrist to a licensed practical nurse, a registered professional nurse, or other persons.
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(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑876, eff. 8‑21‑08; 96‑516, eff. 8‑14‑09.)
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225 ILCS 65/50‑20
(225 ILCS 65/50‑20)
(was 225 ILCS 65/5‑20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑20. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice nursing without being licensed under this Act
shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑25
(225 ILCS 65/50‑25)
(was 225 ILCS 65/5‑21)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑25. No registered nurse or licensed practical nurse may perform
refractions and other determinations of visual function or eye health
diagnosis. A registered nurse or licensed practical nurse may participate in
these activities with the direct on‑site supervision of an optometrist licensed
under the Illinois Optometric Practice Act of 1987 or a physician licensed to
practice medicine in all its branches under the Medical Practice Act of
1987.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑30
(225 ILCS 65/50‑30)
(was 225 ILCS 65/5‑22)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑30. Social Security Number on license application. In addition
to any other information required to be contained in an application for licensure under this Act, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑35
(225 ILCS 65/50‑35)
(was 225 ILCS 65/5‑23)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑35. Criminal history records background check. Each applicant for licensure by examination or restoration shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑40
(225 ILCS 65/50‑40)
(was 225 ILCS 65/5‑25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑40. Emergency care; civil liability. Exemption from civil
liability for emergency care is as provided in the Good Samaritan Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑45
(225 ILCS 65/50‑45)
(was 225 ILCS 65/5‑30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑45. Services rendered without compensation; civil liability. Exemption from civil liability for services rendered without compensation is as
provided in the Good Samaritan Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑50
(225 ILCS 65/50‑50)
(was 225 ILCS 65/10‑5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑50. Prohibited acts.
(a) No person shall:
(1) Practice as an advanced practice nurse without
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a valid license as an advanced practice nurse, except as provided in Section 50‑15 of this Act;
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(2) Practice professional nursing without a valid
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license as a registered professional nurse except as provided in Section 50‑15 of this Act;
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(3) Practice practical nursing without a valid
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license as a licensed practical nurse or practice practical nursing, except as provided in Section 50‑15 of this Act;
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(4) Practice nursing under cover of any diploma,
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license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
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(5) Practice nursing during the time her or his
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license is suspended, revoked, expired or on inactive status;
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(6) Use any words, abbreviations, figures, letters,
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title, sign, card, or device tending to imply that she or he is a registered professional nurse, including the titles or initials, "Nurse," "Registered Nurse," "Professional Nurse," "Registered Professional Nurse," "Certified Nurse," "Trained Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or similar titles or initials with intention of indicating practice without a valid license as a registered professional nurse;
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(7) Use any words,
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abbreviations, figures, letters, titles, signs, cards, or devices tending to imply that she or he is an advanced practice nurse, including the titles or initials "Advanced Practice Nurse", "A.P.N.", or similar titles or initials, with the intention of indicating practice as an advanced practice nurse without a valid license as an advanced practice nurse under this Act.
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(8) Use any words, abbreviations figures, letters,
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title, sign, card, or device tending to imply that she or he is a licensed practical nurse including the titles or initials "Practical Nurse," "Licensed Practical Nurse," "P.N.," or "L.P.N.," or similar titles or initials with intention of indicated practice as a licensed practical nurse without a valid license as a licensed practical nurse under this Act;
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(9) Advertise services regulated under this Act
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without including in every advertisement his or her title as it appears on the license or the initials authorized under this Act;
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(10) Obtain or furnish a license by or for money or
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any other thing of value other than the fees required under this Act, or by any fraudulent representation or act;
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(11) Make any wilfully false oath or affirmation
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(12) Conduct a nursing education program preparing
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persons for licensure that has not been approved by the Department;
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(13) Represent that any school or course is approved
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or accredited as a school or course for the education of registered professional nurses or licensed practical nurses unless such school or course is approved by the Department under the provisions of this Act;
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(14) Attempt or offer to do any of the acts
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enumerated in this Section, or knowingly aid, abet, assist in the doing of any such acts or in the attempt or offer to do any of such acts;
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(15) Employ persons not licensed under this Act to
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practice professional nursing or practical nursing; and
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(16) Otherwise intentionally violate any provision of
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(17) Retaliate against any nurse who reports unsafe,
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unethical, or illegal health care practices or conditions.
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(18) Be deemed a supervisor when delegating nursing
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activities or tasks as authorized under this Act.
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(b) Any person, including a firm, association or corporation who violates any
provision of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/50‑55
(225 ILCS 65/50‑55)
(was 225 ILCS 65/10‑10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑55. Department powers and duties.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for administration
of licensing acts and shall exercise other powers and duties necessary
for effectuating the purpose of this Act. None of the functions, powers, or
duties of the Department with respect to licensure and examination shall
be exercised by the Department except upon review by the Board.
The
Department shall adopt rules to implement, interpret, or make specific
the provisions and purposes of this Act; however no such rules shall
be adopted by the Department except upon review by the Board.
(b) The Department shall prepare and maintain a list of approved programs of professional
nursing education and programs of practical nursing education in this
State, whose graduates, if they have the other necessary qualifications
provided in this Act, shall be eligible to apply for a license to practice
nursing in this State.
(c) The Department may act upon the recommendations of the Center for Nursing Advisory Board.
(Source: P.A. 94‑1020, eff. 7‑11‑06; 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑60
(225 ILCS 65/50‑60)
(was 225 ILCS 65/10‑15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑60. Nursing Coordinator; Assistant Nursing Coordinator. The
Secretary shall appoint, pursuant to the Personnel
Code, a Nursing
Coordinator and an Assistant Nursing Coordinator.
The Nursing Coordinator and Assistant Nursing Coordinator shall
be registered professional nurses licensed
in this State who have graduated from an approved school of nursing and hold at least a
master's degree in nursing from an accredited college or university.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑65
(225 ILCS 65/50‑65)
(was 225 ILCS 65/10‑25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑65. Board.
(a) The term of each member of the Board of Nursing and the Advanced Practice Nursing Board serving before the effective date of this amendatory Act of the 95th General Assembly shall terminate on the effective date of this amendatory Act of the 95th General Assembly. Beginning on the effective date of this amendatory Act of the 95th General Assembly, the Secretary shall solicit recommendations from nursing organizations and appoint the Board of Nursing, which shall consist of 13 members, one of whom shall be a practical nurse; one of whom shall be a practical nurse educator; one of whom shall be a registered professional nurse in practice; one of whom shall be an associate degree nurse educator; one of whom shall be a baccalaureate degree nurse educator; one of whom shall be a nurse who is actively engaged in direct care; one of whom shall be a registered professional nurse actively engaged in direct care; one of whom shall be a nursing administrator; 4 of whom shall be advanced practice nurses representing CNS, CNP, CNM, and CRNA practice; and one of whom shall be a public member who is not employed in and has no material interest in any health care field. The Board shall receive actual and necessary expenses incurred in the performance of their duties. Members of the Board of Nursing and the Advanced Practice Nursing Board whose terms were terminated by this amendatory Act of the 95th General Assembly shall be considered for membership positions on the Board. All nursing members of the Board must be (i) residents of this State, (ii) licensed in good standing to practice nursing in this State, (iii) graduates of an approved nursing program, with a minimum of 5 years experience in the field of nursing, and (iv) at the time of appointment to the Board, actively engaged in nursing or work related to nursing. Membership terms shall be for 3 years, except that in making initial appointments, the Secretary shall appoint all members for initial terms of 2, 3, and 4 years and these terms shall be staggered as follows: 3 shall be appointed for terms of 2 years; 4 shall be appointed for terms of 3 years; and 6 shall be appointed for terms of 4 years. No member shall be appointed to more than 2 consecutive terms. In the case of a vacated position, an individual may be appointed to serve the unexpired portion of that term; if the term is less than half of a full term, the individual is eligible to serve 2 full terms.
The Secretary may remove any member of the Board for
misconduct,
incapacity, or neglect of duty. The Secretary shall reduce to writing any
causes for removal.
The Board shall meet annually to elect a chairperson and
vice
chairperson. The Board shall hold regularly scheduled meetings during
the year. A simple majority of the
Board shall constitute a quorum at any meeting. Any action
taken by
the Board must be on the affirmative vote of a simple majority of members.
Voting by
proxy shall not be permitted. In the case of an emergency where all Board members cannot meet in person, the Board may convene a meeting via an electronic format in accordance with the Open Meetings Act.
(b) The Board may perform each of the following activities:
(1) Recommend to the Department the adoption and the
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revision of rules necessary for the administration of this Act;
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(2) Recommend the approval, denial of approval,
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withdrawal of approval, or discipline of nursing education programs;
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(c) The Board shall participate in disciplinary conferences and hearings and make recommendations to the Department regarding disciplinary action taken against a licensee as provided under this Act. Disciplinary conference hearings and proceedings regarding scope of practice issues shall be conducted by a Board member at the same or higher licensure level as the respondent. Participation in an informal conference shall not bar members of the Board from future participation or decisions relating to that matter.
(d) With the exception of emergency rules, any proposed rules, amendments, second notice materials, and adopted rule or amendment materials or policy statements concerning advanced practice nurses shall be presented to the Medical Licensing Board for review and comment. The recommendations of both the Board of Nursing and the Medical Licensing Board shall be presented to the Secretary for consideration in making final decisions. Whenever the Board of Nursing and Medical Licensing Board disagree on a proposed rule or policy, the Secretary shall convene a joint meeting of the officers of each Board to discuss resolution of any disagreements.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/50‑70
(225 ILCS 65/50‑70)
(was 225 ILCS 65/10‑35)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50‑70. Concurrent theory and clinical practice education
requirements of this Act. The educational requirements of Sections 55‑10 and 60‑10 of this Act relating to
registered professional nursing and licensed practical nursing
shall not be deemed to have been satisfied by the completion of any
correspondence course or any program of nursing that does not
require coordinated or concurrent theory and clinical practice.
The Department may, upon recommendation of the Board, grant an Illinois
license to those applicants who have received advanced graduate degrees in
nursing from an approved program with concurrent theory and clinical
practice or to those applicants who are currently licensed in another
state and have been actively practicing clinical nursing for a minimum
of 2 years.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/50‑75
(225 ILCS 65/50‑75) (Section scheduled to be repealed on January 1, 2018)
Sec. 50‑75. Nursing delegation. (a) For the purposes of this Section: "Delegation" means transferring to an individual the authority to perform a selected nursing activity or task, in a selected situation. "Nursing activity" means any work requiring the use of knowledge acquired by completion of an approved program for licensure, including advanced education, continuing education, and experience as a licensed practical nurse or professional nurse, as defined by the Department by rule. "Task" means work not requiring nursing knowledge, judgment, or decision‑making, as defined by the Department by rule. (b) Nursing shall be practiced by licensed practical nurses, registered professional nurses, and advanced practice nurses. In the delivery of nursing care, nurses work with many other licensed professionals and other persons. An advanced practice nurse may delegate to registered professional nurses, licensed practical nurses, and others persons. (c) A registered professional nurse shall not delegate any nursing activity requiring the specialized knowledge, judgment, and skill of a licensed nurse to an unlicensed person, including medication administration. A registered professional nurse may delegate nursing activities to other registered professional nurses or licensed practical nurses. A registered nurse may delegate tasks to other licensed and unlicensed persons. A licensed practical nurse who has been delegated a nursing activity shall not re‑delegate the nursing activity. A registered professional nurse or advanced practice nurse retains the right to refuse to delegate or to stop or rescind a previously authorized delegation.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
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
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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;
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(2) program curriculum that meets all State
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(3) the administration of the program by a Nurse
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Administrator and the involvement of a Nurse Administrator in the development of the program; and
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(4) the occurrence of a site visit prior to approval.
(b) In order to obtain initial Department approval and
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to maintain Department approval, a practical nursing program must meet all of the following requirements:
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(1) The program must continually be administered by
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(2) The institution responsible for conducting the
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program and the Nurse Administrator must ensure that individual faculty members are academically and professionally competent.
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(3) The program curriculum must contain all
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applicable requirements established by rule, including both theory and clinical components.
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(4) The passage rates of the program's graduating
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classes on the State‑approved licensure exam must be deemed satisfactory by the Department.
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(c) Program site visits to an institution conducting or
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hosting a practical nursing program may be made at the discretion of the Nursing Coordinator or upon recommendation of the Board.
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(d) Any institution conducting a practical nursing
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program that wishes to discontinue the program must do each of the following:
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(1) Notify the Department, in writing, of its intent
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to discontinue the program.
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(2) Continue to meet the requirements of this Act
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and the rules adopted thereunder until the official date of termination of the program.
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(3) Notify the Department of the date on which the
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last student shall graduate from the program and the program shall terminate.
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(4) Assist remaining students in the continuation of
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their education in the event of program termination prior to the graduation of the program's final student.
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(5) Upon the closure of the program, notify the
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Department, in writing, of the location of student and graduate records storage.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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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
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provided by the Department and fees as established by the Department.
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(2) Have graduated from a practical nursing
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education program approved by the Department or have been granted a certificate of completion of pre‑licensure requirements from another United States jurisdiction.
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(3) Successfully complete a licensure examination
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approved by the Department.
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(4) Have not violated the provisions of this Act
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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.
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(5) Submit to the criminal history records check
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required under Section 50‑35 of this Act.
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(6) Submit either to the Department or its
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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.
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(7) Meet all other requirements established by rule.
An applicant for licensure by examination may take the
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Department‑approved examination in another jurisdiction.
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(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
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Department‑approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
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(2) He or she has completed and submitted to the
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Department an application for licensure under this Section as a practical nurse.
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(3) He or she has submitted the required licensure
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(4) He or she has met all other requirements
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established by rule, including having submitted to a criminal history records check.
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(e) The privilege to practice as a license‑pending
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practical nurse shall terminate with the occurrence of any of the following:
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(1) Three months have passed since the official date
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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.
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(2) Receipt of the practical nurse license from the
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(3) Notification from the Department that the
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application for licensure has been denied.
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(4) A request by the Department that the individual
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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.
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(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
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supplied by the Department, and fees as established by the Department.
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(2) Have graduated from a practical nursing
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education program approved by the Department.
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(3) Submit verification of licensure status directly
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from the United States jurisdiction of licensure, if applicable, as defined by rule.
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(4) Submit to the criminal history records check
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required under Section 50‑35 of this Act.
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(5) Meet all other requirements as established by
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(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
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(2) Proof of a current, active license in at least
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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.
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(3) A signed and completed application for a
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(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
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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;
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(2) the applicant has had a license or permit
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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
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(3) the Department intends to deny licensure by
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(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
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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.
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(2) That within the last 5 years the applicant has
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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.
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(3) That the Department intends to deny licensure by
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(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.)
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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
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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;
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(2) proof of the successful completion of a
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Department‑approved licensure examination; or
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(3) an affidavit attesting to military service as
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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.
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(c) Notwithstanding any other provision of this Act, any
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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.
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(d) Any practical nurse licensee who shall engage in the
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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.
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(e) Pending restoration of a license under this Section,
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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:
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(1) A signed and completed application for
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restoration of licensure under this Section as a licensed practical nurse.
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(2) Proof of (i) a current, active license in at
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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.
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(3) A signed and completed application for a
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(4) The required permit fee.
(f) The Department may refuse to issue to an applicant a
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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:
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(1) the applicant has been convicted within the last
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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;
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(2) within the last 5 years, the applicant has had a
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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
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(3) the Department intends to deny restoration of
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(g) The Department may revoke a temporary permit issued
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(1) the Department determines that the applicant has
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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;
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(2) within the last 5 years, the applicant had a
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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
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(3) the Department intends to deny restoration of
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(h) A temporary permit or renewed temporary permit shall
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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.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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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 podiatrist, and includes, but is not limited to, all of the following: (1) Collecting data and collaborating in the
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assessment of the health status of a patient.
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(2) Collaborating in the development and
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modification of the registered professional nurse's or advanced practice nurse's comprehensive nursing plan of care for all types of patients.
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(3) Implementing aspects of the plan of care as
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(4) Participating in health teaching and counseling
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to promote, attain, and maintain the optimum health level of patients, as delegated.
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(5) Serving as an advocate for the patient by
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communicating and collaborating with other health service personnel, as delegated.
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(6) Participating in the evaluation of patient
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responses to interventions.
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(7) Communicating and collaborating with other
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health care professionals as delegated.
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(8) Providing input into the development of policies
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and procedures to support patient safety.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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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.)
225 ILCS 65/Art. 60
(225 ILCS 65/Art. 60 heading)
ARTICLE 60. NURSING LICENSURE ‑ RN
(Article scheduled to be repealed on January 1, 2018)(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/60‑5
(225 ILCS 65/60‑5) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑5. RN education program requirements; out‑of‑State programs. (a) All registered professional 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 registered professional 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
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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;
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(2) program curriculum that meets all State
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(3) the administration of the program by a Nurse
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Administrator and the involvement of a Nurse Administrator in the development of the program; and
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(4) the occurrence of a site visit prior to approval.
(b) In order to obtain initial Department approval and
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to maintain Department approval, a registered professional nursing program must meet all of the following requirements:
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(1) The institution responsible for conducting the
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program and the Nurse Administrator must ensure that individual faculty members are academically and professionally competent.
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(2) The program curriculum must contain all
|
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applicable requirements established by rule, including both theory and clinical components.
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(3) The passage rates of the program's graduating
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classes on the State‑approved licensure exam must be deemed satisfactory by the Department.
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(c) Program site visits to an institution conducting or
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hosting a professional nursing program may be made at the discretion of the Nursing Coordinator or upon recommendation of the Board. Full routine site visits shall be conducted by the Department for periodic evaluation. The visits shall be used to determine compliance with this Act. Full routine site visits must be announced and may be waived at the discretion of the Department if the program maintains accreditation with the National League for Nursing Accrediting Commission (NLNAC) or the Commission on Collegiate Nursing Education (CCNE).
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(d) Any institution conducting a registered professional
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nursing program that wishes to discontinue the program must do each of the following:
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(1) Notify the Department, in writing, of its intent
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to discontinue the program.
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(2) Continue to meet the requirements of this Act
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and the rules adopted thereunder until the official date of termination of the program.
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(3) Notify the Department of the date on which the
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last student shall graduate from the program and the program shall terminate.
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(4) Assist remaining students in the continuation of
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their education in the event of program termination prior to the graduation of the program's final student.
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(5) Upon the closure of the program, notify the
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Department, in writing, of the location of student and graduate records' storage.
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(e) Out‑of‑State registered professional nursing
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education programs planning to offer clinical practice experiences in this State must meet the requirements set forth in this Section and must meet the clinical and faculty requirements for institutions outside of this State, as established by rule. The institution responsible for conducting an out‑of‑State registered professional nursing education program and the administrator of the program shall be responsible for ensuring that the individual faculty and preceptors overseeing the clinical experience are academically and professionally competent.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/60‑10
(225 ILCS 65/60‑10) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑10. Qualifications for RN licensure. (a) Each applicant who successfully meets the requirements of this Section shall be entitled to licensure as a registered professional nurse. (b) An applicant for licensure by examination to practice as a registered professional nurse must do each of the following: (1) Submit a completed written application, on forms
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provided by the Department, and fees, as established by the Department.
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(2) Have graduated from a professional nursing
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education program approved by the Department or have been granted a certificate of completion of pre‑licensure requirements from another United States jurisdiction.
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(3) Successfully complete a licensure examination
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approved by the Department.
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(4) Have not violated the provisions of this Act
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concerning the grounds for disciplinary action. The Department may take into consideration any felony conviction of the applicant, but such a conviction may not operate as an absolute bar to licensure.
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(5) Submit to the criminal history records check
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required under Section 50‑35 of this Act.
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(6) Submit, either to the Department or its
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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.
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(7) Meet all other requirements established by the
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Department by rule. An applicant for licensure by examination may take the Department‑approved examination in another jurisdiction.
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(b‑5) If an applicant for licensure by examination
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neglects, fails, or refuses to take an examination or fails to pass an examination for a license within 3 years after filing the application, the application shall be denied. The applicant may make a new application accompanied by the required fee, evidence of meeting the requirements in force at the time of the new application, and proof of the successful completion of at least 2 additional years of professional nursing education.
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(c) An applicant for licensure by examination shall have
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one year after the date of notification of the 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.
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(d) An applicant for licensure by examination who passes
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the Department‑approved licensure examination for professional nursing may obtain employment as a license‑pending registered nurse and practice under the direction of a registered professional nurse or an advanced practice nurse until such time as he or she receives his or her license to practice or until the license is denied. In no instance shall any such applicant practice or be employed in any management capacity. An individual may be employed as a license‑pending registered nurse if all of the following criteria are met:
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(1) He or she has completed and passed the
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Department‑approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
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(2) He or she has completed and submitted to the
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Department an application for licensure under this Section as a registered professional nurse.
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(3) He or she has submitted the required licensure
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(4) He or she has met all other requirements
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established by rule, including having submitted to a criminal history records check.
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(e) The privilege to practice as a license‑pending
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registered nurse shall terminate with the occurrence of any of the following:
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(1) Three months have passed since the official date
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of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. The 3‑month license pending period may be extended if more time is needed by the Department to process the licensure application.
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(2) Receipt of the registered professional nurse
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license from the Department.
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(3) Notification from the Department that the
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application for licensure has been refused.
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(4) A request by the Department that the individual
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terminate practicing as a license‑pending registered nurse until an official decision is made by the Department to grant or deny a registered professional nurse license.
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(f) An applicant for registered professional nurse
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licensure by endorsement who is a registered professional nurse licensed by examination under the laws of another state or territory of the United States must do each of the following:
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(1) Submit a completed written application, on forms
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supplied by the Department, and fees as established by the Department.
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(2) Have graduated from a registered professional
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nursing education program approved by the Department.
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(3) Submit verification of licensure status directly
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from the United States jurisdiction of licensure, if applicable, as defined by rule.
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(4) Submit to the criminal history records check
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required under Section 50‑35 of this Act.
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(5) Meet all other requirements as established by
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(g) Pending the issuance of a license under this
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Section, the Department may grant an applicant a temporary license to practice nursing as a registered professional nurse if the Department is satisfied that the applicant holds an active, unencumbered license in good standing in another U.S. 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 after 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:
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(1) A completed application for licensure as a
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registered professional nurse.
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(2) Proof of a current, active license in at least
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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.
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(3) A completed application for a temporary license.
(4) The required temporary license fee.
(h) The Department may refuse to issue an applicant a
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temporary license authorized pursuant to this Section if, within 14 working days after its receipt of an application for a temporary license, the Department determines that:
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(1) the applicant has been convicted of a crime
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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;
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(2) the applicant has had a license or permit
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related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction within the last 5 years, 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
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(3) the Department intends to deny licensure by
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(i) The Department may revoke a temporary license issued
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pursuant to this Section if it determines any of the following:
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(1) That the applicant has been convicted of a crime
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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, within the last 5 years.
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(2) That within the last 5 years, the applicant has
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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.
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(3) That it intends to deny licensure by endorsement.
(j) A temporary license issued under this Section shall
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expire 6 months after 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 the Illinois license or upon notification that the Department intends to deny licensure, whichever occurs first.
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(k) All applicants for registered professional nurse
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licensure have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years after 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.
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(l) All applicants for registered nurse licensure by
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examination or endorsement who are graduates of practical nursing educational programs in a country other than the United States and 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 (l) 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.
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(m) An applicant licensed in another state or territory
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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 (m) 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.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/60‑15
(225 ILCS 65/60‑15) (was 225 ILCS 65/10‑37) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑15. Registered nurse externship permit. (a) The Department shall establish a program under which the Department may issue a nurse externship permit to a registered nurse who is licensed under the laws of another state or territory of the United States and who has not taken the National Council Licensure Examination (NCLEX). A nurse who is issued a permit shall be allowed to practice as a nurse extern under the direct, on‑site supervision of a registered professional nurse licensed under this Act. There shall be one supervising registered professional nurse for every one nurse extern. (b) An applicant shall be qualified to receive a nurse externship permit if that applicant: (1) Has submitted a completed written application
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to the Department, on forms provided by the Department, and submitted any fees established by the Department.
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(2) Has graduated from a professional nursing
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education program approved by the Department.
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(3) Is licensed as a professional nurse in another
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state or territory of the United States and has submitted a verification of active and unencumbered licensure in all of the states and territories in which the applicant is licensed.
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(4) Has submitted verification of an offer of
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employment in Illinois as a nurse extern. The Department may prescribe the information necessary to determine if this employment meets the requirements of the permit program. This information shall include a copy of the written employment offer.
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(5) Has submitted a written statement from the
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applicant's prospective employer stating that the prospective employer agrees to pay the full tuition for the Bilingual Nurse Consortium course or other course approved by rule.
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(6) Has submitted proof of taking the Test of
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English as a Foreign Language (TOEFL) with a minimum score as set by rule. Applicants with the highest TOEFL scores shall be given first consideration to entrance into an extern program.
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(7) Has submitted written verification that the
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applicant has been enrolled in the Bilingual Nurse Consortium course or other course approved by rule. This verification must state that the applicant shall be able to complete the course within the year for which the permit is issued.
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(8) Has agreed to submit to the Department a mid‑year
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exam as determined by rule that demonstrates proficiency towards passing the NCLEX.
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(9) Has not violated the provisions of Section 70‑5
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of this Act. 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.
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(10) Has met all other requirements established by
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(c) A nurse extern shall be issued no more than one
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permit in a lifetime. The permit shall expire one calendar year after it is issued. Before being issued a license under this Act, the nurse extern must submit proof of the successful completion of the Bilingual Nurse Consortium course or other course approved by rule and successful passage of the NCLEX. The nurse extern shall not practice autonomous, professional nursing until he or she is licensed under this Act. The nurse extern shall carry out progressive nursing skills under the direct supervision of a registered nurse licensed under this Act and shall not be employed in a supervisory capacity. The nurse extern shall work only in the sponsoring facility. A nurse extern may work for a period not to exceed one calendar year from the date of issuance of the permit or until he or she fails the NCLEX. While working as a nurse extern, the nurse extern is subject to the provisions of this Act and all rules adopted by the Department for the administration of this Act.
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(d) The Secretary shall convene a task force to establish
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clinical guidelines that allow for the gradual progression of nursing skills in culturally diverse practice settings. The Nursing Act Coordinator or his or her designee shall serve as chairperson of the task force. The task force shall include, but not be limited to, 2 representatives of the Illinois Nurses Association, 2 representatives of the Illinois Hispanic Nurses Association, a nurse engaged in nursing education who possesses a master's degree or higher, one representative from the Humboldt Park Vocational Educational Center, 2 registered nurses from United States territories who each hold a current State nursing license, one representative from the Chicago Bilingual Nurse Consortium, and one member of the Illinois Hospital Association. The task force shall complete this work no longer than 4 months after convening. After the nurse externship permit program has been in effect for 2 years, the task force shall evaluate the effectiveness of the program and make appropriate recommendations to the Secretary.
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(Source: P.A. 94‑351, eff. 7‑28‑05; 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/60‑20
(225 ILCS 65/60‑20) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑20. Expiration of RN license; renewal. The expiration date and renewal period for each registered professional nurse license 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 65/60‑25
(225 ILCS 65/60‑25) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑25. Restoration of RN license; temporary permit.
(a) Any license to practice professional 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 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 shall also submit proof of fitness to practice, including one of the following: (1) Certification of active practice in another
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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.
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(2) Proof of the successful completion of a
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Department‑approved licensure examination.
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(3) An affidavit attesting to military service as
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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.
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(c) Any registered professional nurse license issued
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under this Act that expired while the licensee was (1) in federal service on active duty with the Armed Forces of the United States or in the State Militia called into service or training or (2) 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.
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(d) Any licensee who engages in the practice of
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professional 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.
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(e) Pending restoration of a registered professional
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nurse license under this Section, the Department may grant an applicant a temporary permit to practice as a registered professional 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:
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(1) A signed and completed application for
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restoration of licensure under this Section as a registered professional nurse.
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(2) Proof of (i) a current, active license in at
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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 Illinois, as specified by rule.
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(3) A signed and completed application for a
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(4) The required permit fee.
(f) The Department may refuse to issue to an applicant a
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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:
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(1) the applicant has been convicted within the last
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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;
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(2) within the last 5 years the applicant had a
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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
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(3) the Department intends to deny restoration of
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(g) The Department may revoke a temporary permit issued
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(1) the Department determines that the applicant has
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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;
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(2) within the last 5 years, the applicant had a
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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 in Illinois; or
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(3) the Department intends to deny restoration of
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(h) A temporary permit or renewed temporary permit shall
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expire (i) upon issuance of an Illinois license or (ii) upon notification that the Department intends to deny restoration of licensure. A temporary permit shall expire 6 months from the date of issuance. Further renewal may be granted by the Department, in hardship cases, that shall automatically expire upon issuance of the Illinois license 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.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/60‑30
(225 ILCS 65/60‑30) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑30. Inactive status of a RN license. Any registered professional 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 registered professional 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 registered professional nurse whose license is on inactive status shall not practice professional nursing as defined by this Act in the State of Illinois.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/60‑35
(225 ILCS 65/60‑35) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑35. RN scope of practice. (a) Practice as a registered professional nurse means the full scope of nursing, with or without compensation, that incorporates caring for all patients in all settings, through nursing standards recognized by the Department, and includes, but is not limited to, all of the following: (1) The comprehensive nursing assessment of the
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health status of patients that addresses changes to patient conditions.
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(2) The development of a plan of nursing care to be
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integrated within the patient‑centered health care plan that establishes nursing diagnoses, and setting goals to meet identified health care needs, determining nursing interventions, and implementation of nursing care through the execution of nursing strategies and regimens ordered or prescribed by authorized healthcare professionals.
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(3) The administration of medication or delegation
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of medication administration to licensed practical nurses.
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(4) Delegation of nursing interventions to implement
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(5) The provision for the maintenance of safe and
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effective nursing care rendered directly or through delegation.
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(6) Advocating for patients.
(7) The evaluation of responses to interventions and
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the effectiveness of the plan of care.
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(8) Communicating and collaborating with other
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health care professionals.
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(9) The procurement and application of new knowledge
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(10) The provision of health education and counseling.
(11) Participating in development of policies,
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procedures, and systems to support patient safety.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/60‑40
(225 ILCS 65/60‑40) (Section scheduled to be repealed on January 1, 2018)
Sec. 60‑40. Continuing education for RN licensees. The Department may adopt rules of continuing education for registered professional nurses licensed under this Act 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.)
225 ILCS 65/Art. 65
(225 ILCS 65/Art. 65 heading) (was 225 ILCS 65/Tit. 15 heading)
ARTICLE 65. ADVANCED PRACTICE NURSES
(Article scheduled to be repealed on January 1, 2018)(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/65‑5
(225 ILCS 65/65‑5)
(was 225 ILCS 65/15‑10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑5. Qualifications for APN licensure.
(a) Each applicant who successfully meets the requirements of this Section shall be entitled to licensure as an advanced practice nurse. (b) An applicant for licensure to practice as an advanced practice nurse must do each of the following:
(1) Submit a completed application and any fees as
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established by the Department.
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(2) Hold a current license to practice as a
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registered professional nurse under this Act.
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(3) Have successfully completed requirements to
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practice as, and holds a current, national certification as, a nurse midwife, clinical nurse specialist, nurse practitioner, or certified registered nurse anesthetist from the appropriate national certifying body as determined by rule of the Department.
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(4) Have obtained a graduate degree appropriate for
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national certification in a clinical advanced practice nursing specialty or a graduate degree or post‑master's certificate from a graduate level program in a clinical advanced practice nursing specialty.
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(5) Have not violated the provisions of this Act
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concerning the grounds for disciplinary action. The Department may take into consideration any felony conviction of the applicant, but such a conviction may not operate as an absolute bar to licensure.
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(6) Submit to the criminal history records check
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required under Section 50‑35 of this Act.
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(b‑5) A registered professional nurse seeking licensure as an advanced practice nurse in the category of certified registered nurse anesthetist who does not have a graduate degree as described in subsection (b) of this Section shall be qualified for licensure if that person:
(1) submits evidence of having successfully completed
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a nurse anesthesia program described in item (4) of subsection (b) of this Section prior to January 1, 1999;
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(2) submits evidence of certification as a registered
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nurse anesthetist by an appropriate national certifying body; and
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(3) has continually maintained active, up‑to‑date
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recertification status as a certified registered nurse anesthetist by an appropriate national recertifying body.
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(b‑10) The Department shall issue a certified registered nurse anesthetist license to an APN who (i) does not have a graduate degree, (ii) applies for licensure before July 1, 2018, and (iii) submits all of the following to the Department:
(1) His or her current State registered nurse license
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(2) Proof of current national certification, which
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includes the completion of an examination from either of the following:
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(A) the Council on Certification of the American
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Association of Nurse Anesthetists; or
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(B) the Council on Recertification of the
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American Association of Nurse Anesthetists.
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(3) Proof of the successful completion of a
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post‑basic advanced practice formal education program in the area of nurse anesthesia prior to January 1, 1999.
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(4) His or her complete work history for the 5‑year
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period immediately preceding the date of his or her application.
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(5) Verification of licensure as an advanced practice
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nurse from the state in which he or she was originally licensed, current state of licensure, and any other state in which he or she has been actively practicing as an advanced practice nurse within the 5‑year period immediately preceding the date of his or her application. If applicable, this verification must state:
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(A) the time during which he or she was licensed
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in each state, including the date of the original issuance of each license; and
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(B) any disciplinary action taken or pending
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concerning any nursing license held, currently or in the past, by the applicant.
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(6) The required fee.
(c) Those applicants seeking licensure in more than one advanced practice nursing specialty need not possess multiple graduate degrees. Applicants may be eligible for licenses for multiple advanced practice nurse licensure specialties, provided that the applicant (i) has met the requirements for at least one advanced practice nursing specialty under paragraphs (3) and (5) of subsection (a) of this Section, (ii) possesses an additional graduate education that results in a certificate for another clinical advanced practice nurse specialty and that meets the requirements for the national certification from the appropriate nursing specialty, and (iii) holds a current national certification from the appropriate national certifying body for that additional advanced practice nursing specialty.
(d) Any person who holds a valid license as an advanced practice nurse issued under this Act as this Act existed before the effective date of this amendatory Act of the 95th General Assembly shall be subject only to the advanced practice nurse license renewal requirements of this Act as this Act exists on and after the effective date of this amendatory Act of the 95th General Assembly upon the expiration of that license.
(Source: P.A. 95‑639, eff. 10‑5‑07; 96‑189, eff. 8‑10‑09.)
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225 ILCS 65/65‑10
(225 ILCS 65/65‑10)
(was 225 ILCS 65/15‑13)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑10. APN license pending status.
(a) A graduate of an advanced practice nursing program may practice in the
State
of Illinois in the role of certified clinical nurse specialist, certified nurse
midwife,
certified nurse practitioner, or certified registered nurse anesthetist for not
longer than 6
months provided he or she submits all of the following:
(1) An application for licensure as an advanced
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practice nurse in Illinois and all fees established by rule.
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(2) Proof of an application to take the national
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certification examination in the specialty.
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(3) Proof of completion of a graduate advanced
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practice education program that allows the applicant to be eligible for national certification in a clinical advanced practice nursing speciality and that allows the applicant to be eligible for licensure in Illinois in the area of his or her specialty.
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(4) Proof that he or she is licensed in Illinois as
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a registered professional nurse.
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(b) License pending status shall preclude delegation of prescriptive
authority.
(c) A graduate practicing in accordance with this Section must use the
title
"license pending certified clinical nurse specialist", "license pending
certified nurse
midwife", "license pending certified nurse practitioner", or "license pending
certified
registered nurse anesthetist", whichever is applicable.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/65‑15
(225 ILCS 65/65‑15) (Section scheduled to be repealed on January 1, 2018)
Sec. 65‑15. Expiration of APN license; renewal. The expiration date and renewal period for each advanced practice nurse license 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. Each advanced practice nurse is required to show proof of continued, current national certification in the specialty.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/65‑20
(225 ILCS 65/65‑20) (Section scheduled to be repealed on January 1, 2018)
Sec. 65‑20. Restoration of APN license; temporary permit. (a) Any license issued under this Act that has expired
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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.
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(b) A licensee seeking restoration of a license after it
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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 shall also submit proof of fitness to practice, including one of the following:
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(1) Certification of active practice in another
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jurisdiction, which may include a statement from the appropriate board or licensing authority in the other jurisdiction in which the licensee was authorized to practice during the term of said active practice.
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(2) Proof of the successful completion of a
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Department‑approved licensure examination.
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(3) An affidavit attesting to military service as
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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.
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(4) Other proof as established by rule.
(c) Any advanced practice nurse license issued under
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this Act that expired while the licensee was (1) in federal service on active duty with the Armed Forces of the United States or in the State Militia called into service or training or (2) 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.
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(d) Any licensee who engages in the practice of advanced
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practice 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.
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(e) Pending restoration of an advanced practice nurse
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license under this Section, the Department may grant an applicant a temporary permit to practice as an advanced practice 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:
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(1) A signed and completed application for
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restoration of licensure under this Section as an advanced practice nurse.
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(2) Proof of (i) a current, active license in at
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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 Illinois, as specified by rule.
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(3) A signed and completed application for a
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(4) The required permit fee.
(5) Other proof as established by rule.
(f) The Department may refuse to issue to an applicant a
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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:
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(1) the applicant has been convicted within the last
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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;
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(2) within the last 5 years, the applicant had a
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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
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(3) the Department intends to deny restoration of
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(g) The Department may revoke a temporary permit issued
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(1) the Department determines that the applicant has
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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;
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(2) within the last 5 years, the applicant had a
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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 in Illinois; or
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(3) the Department intends to deny restoration of
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(h) A temporary permit or renewed temporary permit shall
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expire (i) upon issuance of an Illinois license or (ii) upon notification that the Department intends to deny restoration of licensure. Except as otherwise provided in this Section, a temporary permit shall expire 6 months from the date of issuance. Further renewal may be granted by the Department in hardship cases that shall automatically expire upon issuance of the Illinois license 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.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/65‑25
(225 ILCS 65/65‑25) (Section scheduled to be repealed on January 1, 2018)
Sec. 65‑25. Inactive status of a APN license. Any advanced practice nurse who notifies the Department in
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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.
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Any advanced practice nurse requesting restoration from
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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.
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Any advanced practice nurse whose license is on inactive
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status shall not practice advanced practice nursing, as defined by this Act in the State of Illinois.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/65‑30
(225 ILCS 65/65‑30) (Section scheduled to be repealed on January 1, 2018)
Sec. 65‑30. APN scope of practice.
(a) Advanced practice nursing by certified nurse
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practitioners, certified nurse anesthetists, certified nurse midwives, or clinical nurse specialists is based on knowledge and skills acquired throughout an advanced practice nurse's nursing education, training, and experience.
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(b) Practice as an advanced practice nurse means a scope
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of nursing practice, with or without compensation, and includes the registered nurse scope of practice.
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(c) The scope of practice of an advanced practice nurse
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includes, but is not limited to, each of the following:
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(1) Advanced nursing patient assessment and diagnosis.
(2) Ordering diagnostic and therapeutic tests and
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procedures, performing those tests and procedures when using health care equipment, and interpreting and using the results of diagnostic and therapeutic tests and procedures ordered by the advanced practice nurse or another health care professional.
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(3) Ordering treatments, ordering or applying
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appropriate medical devices, and using nursing medical, therapeutic, and corrective measures to treat illness and improve health status.
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(4) Providing palliative and end‑of‑life care.
(5) Providing advanced counseling, patient education,
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health education, and patient advocacy.
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(6) Prescriptive authority as defined in Section
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(7) Delegating selected nursing activities or tasks
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to a licensed practical nurse, a registered professional nurse, or other personnel.
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/65‑35
(225 ILCS 65/65‑35)
(was 225 ILCS 65/15‑15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑35. Written collaborative
agreements. (a) A written collaborative agreement is required for all advanced practice nurses engaged in clinical practice, except for advanced practice nurses who are authorized to practice in a hospital or ambulatory surgical treatment center. (a‑5) If an advanced practice nurse engages in clinical practice outside of a hospital or ambulatory surgical treatment center in which he or she is authorized to practice, the advanced practice nurse must have a written collaborative agreement.
(b) A written collaborative
agreement shall describe the working relationship of the
advanced practice nurse with the collaborating
physician or podiatrist and shall authorize the categories of
care, treatment, or procedures to be performed by the advanced
practice nurse. A collaborative agreement with a dentist must be in accordance with subsection (c‑10) of this Section. Collaboration does not require an
employment relationship between the collaborating physician
and advanced practice nurse. Collaboration means
the relationship under
which an advanced practice nurse works with a collaborating
physician or podiatrist in an active clinical practice to deliver health care services in
accordance with
(i) the advanced practice nurse's training, education,
and experience and (ii) collaboration and consultation as documented in a
jointly developed written collaborative
agreement.
The agreement shall be defined to promote the
exercise of professional judgment by the advanced practice
nurse commensurate with his or her education and
experience. The services to be provided by the advanced
practice nurse shall be services that the
collaborating physician or podiatrist is authorized to and generally provides to his or her
patients in the normal course of his or her clinical medical practice, except as set forth in subsection (c‑5) of this Section.
The agreement need not describe the exact steps that an advanced practice
nurse must take with respect to each specific condition, disease, or symptom
but must specify
which authorized procedures require the presence of the collaborating physician or podiatrist as
the procedures are being performed. The collaborative
relationship under an agreement shall not be
construed to require the personal presence of a physician or podiatrist at
all times at the place where services are rendered.
Methods of communication shall
be available for consultation with the collaborating
physician or podiatrist in person or by telecommunications in accordance with
established written guidelines as set forth in the written
agreement.
(c) Collaboration and consultation under all collaboration agreements
shall be adequate if a
collaborating physician or podiatrist does each of the following:
(1) Participates in the joint formulation and joint
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approval of orders or guidelines with the advanced practice nurse and he or she periodically reviews such orders and the services provided patients under such orders in accordance with accepted standards of medical practice and advanced practice nursing practice.
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(2) Meets in person with the advanced practice nurse
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at least once a month to provide collaboration and consultation. In the case of anesthesia services provided by a certified registered nurse anesthetist, an anesthesiologist, physician, dentist, or podiatrist must participate through discussion of and agreement with the anesthesia plan and remain physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions.
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(3) Is available through telecommunications for
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consultation on medical problems, complications, or emergencies or patient referral. In the case of anesthesia services provided by a certified registered nurse anesthetist, an anesthesiologist, physician, dentist, or podiatrist must participate through discussion of and agreement with the anesthesia plan and remain physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions.
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The agreement must contain provisions detailing notice
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for termination or change of status involving a written collaborative agreement, except when such notice is given for just cause.
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(c‑5) A certified registered nurse anesthetist, who
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provides anesthesia services outside of a hospital or ambulatory surgical treatment center shall enter into a written collaborative agreement with an anesthesiologist or the physician licensed to practice medicine in all its branches or the podiatrist performing the procedure. Outside of a hospital or ambulatory surgical treatment center, the certified registered nurse anesthetist may provide only those services that the collaborating podiatrist is authorized to provide pursuant to the Podiatric Medical Practice Act of 1987 and rules adopted thereunder. A certified registered nurse anesthetist may select, order, and administer medication, including controlled substances, and apply appropriate medical devices for delivery of anesthesia services under the anesthesia plan agreed with by the anesthesiologist or the operating physician or operating podiatrist.
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(c‑10) A certified registered nurse anesthetist who
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provides anesthesia services in a dental office shall enter into a written collaborative agreement with an anesthesiologist or the physician licensed to practice medicine in all its branches or the operating dentist performing the procedure. The agreement shall describe the working relationship of the certified registered nurse anesthetist and dentist and shall authorize the categories of care, treatment, or procedures to be performed by the certified registered nurse anesthetist. In a collaborating dentist's office, the certified registered nurse anesthetist may only provide those services that the operating dentist with the appropriate permit is authorized to provide pursuant to the Illinois Dental Practice Act and rules adopted thereunder. For anesthesia services, an anesthesiologist, physician, or operating dentist shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions. A certified registered nurse anesthetist may select, order, and administer medication, including controlled substances, and apply appropriate medical devices for delivery of anesthesia services under the anesthesia plan agreed with by the operating dentist.
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(d) A copy of the signed, written collaborative agreement must be available
to the Department upon request from both the advanced practice nurse
and the collaborating physician or podiatrist.
(e) Nothing in this Act shall be construed to limit the
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delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other persons in accordance with Section 54.2 of the Medical Practice Act of 1987.
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(f) An advanced
practice nurse shall inform each collaborating physician, dentist, or podiatrist of all collaborative
agreements he or she
has signed and provide a copy of these to any collaborating physician, dentist, or podiatrist upon
request.
(Source: P.A. 95‑639, eff. 10‑5‑07; 96‑618, eff. 1‑1‑10.)
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225 ILCS 65/65‑40
(225 ILCS 65/65‑40)
(was 225 ILCS 65/15‑20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑40. Prescriptive authority.
(a) A collaborating
physician or podiatrist may, but is not required to, delegate
prescriptive authority to an advanced practice
nurse as part of a written collaborative agreement. This authority may, but is
not required to, include
prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, medical gases, and controlled
substances categorized as
any Schedule III through V controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies. The collaborating physician or podiatrist must have a valid current Illinois controlled substance license and federal registration to delegate authority to prescribe delegated controlled substances.
(b) To prescribe controlled
substances under this Section, an advanced practice
nurse must obtain a mid‑level practitioner controlled substance license.
Medication orders shall be
reviewed
periodically by the collaborating physician or podiatrist.
(c) The collaborating physician or podiatrist shall file with the
Department notice of delegation of prescriptive authority
and
termination of such delegation, in accordance with rules of the Department.
Upon receipt of this notice delegating authority to prescribe any Schedule III through V controlled substances, the licensed advanced practice nurse shall be
eligible to register for a mid‑level practitioner controlled substance license
under Section 303.05 of the Illinois Controlled Substances Act.
(d) In addition to the requirements of subsections (a), (b), and (c) of this Section, a collaborating physician may, but is not required to, delegate authority to an advanced practice nurse to prescribe any Schedule II controlled substances, if all of the following conditions apply: (1) No more than 5 Schedule II controlled substances
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by oral dosage may be delegated.
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(2) Any delegation must be controlled substances that
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the collaborating physician prescribes.
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(3) Any prescription must be limited to no more than
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a 30‑day oral dosage, with any continuation authorized only after prior approval of the collaborating physician.
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(4) The advanced practice nurse must discuss the
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condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician.
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(e) Nothing in this Act shall be construed to limit the delegation of tasks
or duties by a physician to a licensed practical nurse, a registered
professional nurse, or other persons.
(Source: P.A. 95‑639, eff. 10‑5‑07; 96‑189, eff. 8‑10‑09.)
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225 ILCS 65/65‑45
(225 ILCS 65/65‑45)
(was 225 ILCS 65/15‑25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑45. Advanced practice nursing in hospitals or ambulatory surgical treatment centers.
(a) An advanced practice nurse may provide
services in a licensed hospital or a licensed ambulatory surgical
treatment center without prescriptive authority or a written collaborative agreement pursuant to Section 65‑35 of this Act. An advanced practice nurse must possess clinical privileges recommended by the hospital medical staff and granted by the hospital or the consulting medical staff committee and ambulatory surgical treatment center in order to provide services. The medical staff or consulting medical staff committee shall periodically review the services of advanced practice nurses granted clinical privileges. Authority may also be granted to individual advanced practice nurses to select, order, and administer medications, including controlled substances, to provide delineated care. The attending physician shall determine an advanced practice nurse's role in providing care for his or her patients, except as otherwise provided in the medical staff bylaws or consulting committee policies.
(a‑5) For
anesthesia services provided by a certified registered nurse anesthetist, an anesthesiologist,
physician, dentist,
or podiatrist shall participate through discussion of and agreement with the
anesthesia plan and shall
remain
physically present
and be available on the premises during the delivery of anesthesia services for
diagnosis, consultation, and treatment of
emergency medical conditions, unless hospital policy adopted pursuant to
clause (B) of subdivision (3) of Section 10.7 of the Hospital Licensing Act
or ambulatory surgical treatment center policy adopted pursuant to
clause (B) of subdivision (3) of Section 6.5 of the Ambulatory Surgical
Treatment Center Act
provides otherwise. A certified registered nurse anesthetist may select, order, and administer medication for anesthesia services under the anesthesia plan agreed to by the anesthesiologist or the physician, in accordance with hospital alternative policy or the medical staff consulting committee policies of a licensed ambulatory surgical treatment center.
(b) An advanced practice nurse who provides
services in a hospital shall do so in accordance with Section 10.7 of the
Hospital
Licensing Act and, in an
ambulatory surgical treatment center, in accordance with Section 6.5 of the
Ambulatory
Surgical Treatment Center Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/65‑50
(225 ILCS 65/65‑50)
(was 225 ILCS 65/15‑30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑50. APN title.
(a) No person shall use any words, abbreviations, figures,
letters, title, sign, card, or device tending to imply that
he or she is an advanced practice nurse, including
but not limited to using the titles or initials "Advanced
Practice Nurse", "Certified Nurse Midwife", "Certified Nurse Practitioner",
"Certified Registered Nurse Anesthetist", "Clinical Nurse Specialist",
"A.P.N.", "C.N.M.", "C.N.P.",
"C.R.N.A.", "C.N.S.", or similar titles or initials, with the
intention of indicating practice as an advanced practice
nurse without meeting the requirements of this
Act.
(b) No advanced practice nurse shall indicate to other persons that he or she is qualified to engage in the practice of medicine.
(c) An advanced practice nurse shall verbally
identify himself or herself as an advanced practice
nurse, including specialty certification, to each
patient.
(d) Nothing in this Act shall be construed to relieve
an advanced practice nurse of the
professional or legal responsibility for the care and
treatment of persons attended by him or her.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/65‑55
(225 ILCS 65/65‑55)
(was 225 ILCS 65/15‑40)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑55. Advertising as an APN.
(a) A person licensed under this Act as an advanced practice nurse
may advertise the availability of professional services in
the public media or on the premises where the professional
services are rendered. The advertising shall be limited to
the following information:
(1) publication of the person's name, title, office
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hours, address, and telephone number;
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(2) information pertaining to the person's areas of
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specialization, including but not limited to appropriate board certification or limitation of professional practice;
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(3) publication of the person's collaborating
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physician's, dentist's, or podiatrist's name, title, and areas of specialization;
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(4) information on usual and customary fees for
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routine professional services offered, which shall include notification that fees may be adjusted due to complications or unforeseen circumstances;
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(5) announcements of the opening of, change of,
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absence from, or return to business;
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(6) announcement of additions to or deletions from
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professional licensed staff; and
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(7) the issuance of business or appointment cards.
(b) It is unlawful for a person licensed under this Act as an advanced practice nurse to use testimonials or claims of superior quality of
care to entice the public. It shall be unlawful to advertise
fee comparisons of available services with those of other
licensed persons.
(c) This Article does not authorize the advertising of
professional services that the offeror of the services is
not licensed or authorized to render. Nor shall the
advertiser use statements that contain false, fraudulent,
deceptive, or misleading material or guarantees of success,
statements that play upon the vanity or fears of the public,
or statements that promote or produce unfair competition.
(d) It is unlawful and punishable under the penalty
provisions of this Act for a person licensed under this Article to
knowingly advertise that the licensee will accept as payment
for services rendered by assignment from any third party
payor the amount the third party payor covers as payment in
full, if the effect is to give the impression of eliminating
the need of payment by the patient of any required deductible
or copayment applicable in the patient's health benefit plan.
(e) A licensee shall include in every advertisement for services
regulated under this Act his or her title as it appears on the license or the
initials authorized under this Act.
(f) As used in this Section, "advertise" means
solicitation by the licensee or through another person or entity by means of
handbills, posters, circulars, motion pictures, radio,
newspapers, or television or any other manner.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/65‑60
(225 ILCS 65/65‑60)
(was 225 ILCS 65/15‑45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑60. Continuing education. The Department shall
adopt rules of continuing education for persons licensed
under this Article that require 50 hours of
continuing education per 2‑year license renewal cycle. Completion of the 50 hours of continuing education shall be deemed to satisfy the continuing education requirements for renewal of a registered professional nurse license as required by this Act. The
rules shall not be inconsistent with requirements of relevant national
certifying bodies or
State or national professional associations.
The rules shall also address variances in part or in whole for good
cause, including but not limited to illness or
hardship.
The continuing education rules shall assure 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.)
225 ILCS 65/65‑65
(225 ILCS 65/65‑65)
(was 225 ILCS 65/15‑55)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65‑65. Reports relating to APN professional conduct and
capacity.
(a) Entities Required to Report.
(1) Health Care Institutions. The chief
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administrator or executive officer of a health care institution licensed by the Department of Public Health, which provides the minimum due process set forth in Section 10.4 of the Hospital Licensing Act, shall report to the Board when an advanced practice nurse's organized professional staff clinical privileges are terminated or are restricted based on a final determination, in accordance with that institution's bylaws or rules and regulations, that (i) a person has either committed an act or acts that may directly threaten patient care and that are not of an administrative nature or (ii) that a person may be mentally or physically disabled in a manner that may endanger patients under that person's care. The chief administrator or officer shall also report if an advanced practice nurse accepts voluntary termination or restriction of clinical privileges in lieu of formal action based upon conduct related directly to patient care and not of an administrative nature, or in lieu of formal action seeking to determine whether a person may be mentally or physically disabled in a manner that may endanger patients under that person's care. The Board shall provide by rule for the reporting to it of all instances in which a person licensed under this Article, who is impaired by reason of age, drug, or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation. Reports submitted under this subsection shall be strictly confidential and may be reviewed and considered only by the members of the Board or authorized staff as provided by rule of the Board. Provisions shall be made for the periodic report of the status of any such reported person not less than twice annually in order that the Board shall have current information upon which to determine the status of that person. Initial and periodic reports of impaired advanced practice nurses shall not be considered records within the meaning of the State Records Act and shall be disposed of, following a determination by the Board that such reports are no longer required, in a manner and at an appropriate time as the Board shall determine by rule. The filing of reports submitted under this subsection shall be construed as the filing of a report for purposes of subsection (c) of this Section.
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(2) Professional Associations. The President or
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chief executive officer of an association or society of persons licensed under this Article, operating within this State, shall report to the Board when the association or society renders a final determination that a person licensed under this Article has committed unprofessional conduct related directly to patient care or that a person may be mentally or physically disabled in a manner that may endanger patients under the person's care.
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(3) Professional Liability Insurers. Every
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insurance company that offers policies of professional liability insurance to persons licensed under this Article, or any other entity that seeks to indemnify the professional liability of a person licensed under this Article, shall report to the Board the settlement of any claim or cause of action, or final judgment rendered in any cause of action, that alleged negligence in the furnishing of patient care by the licensee when the settlement or final judgment is in favor of the plaintiff.
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(4) State's Attorneys. The State's Attorney of each
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county shall report to the Board all instances in which a person licensed under this Article is convicted or otherwise found guilty of the commission of a felony.
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(5) State Agencies. All agencies, boards,
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commissions, departments, or other instrumentalities of the government of this State shall report to the Board any instance arising in connection with the operations of the agency, including the administration of any law by the agency, in which a person licensed under this Article has either committed an act or acts that may constitute a violation of this Article, that may constitute unprofessional conduct related directly to patient care, or that indicates that a person licensed under this Article may be mentally or physically disabled in a manner that may endanger patients under that person's care.
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(b) Mandatory Reporting. All reports required under items
(16) and (17) of subsection (a) of Section 70‑5 shall
be submitted to
the
Board in a timely fashion. The reports shall be filed in writing
within
60 days after a determination that a report is required
under this Article. All reports shall contain the following
information:
(1) The name, address, and telephone number of the
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person making the report.
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(2) The name, address, and telephone number of the
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person who is the subject of the report.
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(3) The name or other means of identification of any
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patient or patients whose treatment is a subject of the report, except that no medical records may be revealed without the written consent of the patient or patients.
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(4) A brief description of the facts that gave rise
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to the issuance of the report, including but not limited to the dates of any occurrences deemed to necessitate the filing of the report.
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(5) If court action is involved, the identity of the
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court in which the action is filed, the docket number, and date of filing of the action.
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(6) Any further pertinent information that the
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reporting party deems to be an aid in the evaluation of the report.
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Nothing contained in this Section shall be construed
to in any way waive or modify the confidentiality of
medical reports and committee reports to the extent
provided by law. Any information reported or disclosed
shall be kept for the confidential use of the Board,
the Board's attorneys, the investigative staff, and
authorized clerical staff and shall be afforded the
same status as is provided information concerning medical
studies in Part 21 of Article VIII of the Code of Civil
Procedure.
(c) Immunity from Prosecution. An individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Section by providing
a report or other information to the Board, by
assisting in the investigation or preparation of a report or
information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as
a result of such actions, be subject to criminal prosecution
or civil damages.
(d) Indemnification. Members of the Board, the
Board's attorneys, the investigative staff, advanced
practice nurses or physicians retained under
contract to assist and advise in the investigation, and
authorized clerical staff shall be indemnified by the State
for any actions (i) occurring within the scope of services on the
Board, (ii) performed in good faith, and (iii) not wilful and wanton in
nature. The Attorney General shall defend all actions taken against those
persons
unless he or she determines either that there would be a
conflict of interest in the representation or that the
actions complained of were not performed in good faith or were wilful
and wanton in nature. If the Attorney General declines
representation, the member shall have the right to employ
counsel of his or her choice, whose fees shall be provided by
the State, after approval by the Attorney General, unless
there is a determination by a court that the member's actions
were not performed in good faith or were wilful and wanton in nature. The
member
shall notify the Attorney General within 7 days of receipt of
notice of the initiation of an action involving services of
the Board. Failure to so notify the Attorney General
shall constitute an absolute waiver of the right to a defense
and indemnification. The Attorney General shall determine
within 7 days after receiving the notice whether he or she
will undertake to represent the member.
(e) Deliberations of Board. Upon the receipt of a
report called for by this Section, other than those reports
of impaired persons licensed under this Article
required
pursuant to the rules of the Board, the Board shall
notify in writing by certified mail the person who is the
subject of the report. The notification shall be made
within 30 days of receipt by the Board of the report.
The notification shall include a written notice setting forth
the person's right to examine the report. Included in the
notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a
written statement responding to, clarifying, adding to, or
proposing to amend the report previously filed. The
statement shall become a permanent part of the file and shall
be received by the Board no more than 30 days after the
date on which the person was notified of the existence of the
original report. The
Board shall review all reports
received by it and any supporting information and
responding statements submitted by persons who are the
subject of reports. The review by the
Board shall be in
a timely manner but in no event shall the
Board's
initial review of the material contained in each disciplinary
file be less than 61 days nor more than 180 days after the
receipt of the initial report by the Board. When the
Board makes its initial review of the materials
contained within its disciplinary files, the Board
shall, in writing, make a determination as to whether there
are sufficient facts to warrant further investigation or
action. Failure to make that determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action. Should the Board find that there are not
sufficient facts to warrant further investigation or action,
the report shall be accepted for filing and the matter shall
be deemed closed and so reported. The individual or entity
filing the original report or complaint and the person who is
the subject of the report or complaint shall be notified in
writing by the
Board of any final action on their report
or complaint.
(f) Summary Reports. The Board shall prepare, on a
timely basis, but in no event less than one every other
month, a summary report of final actions taken upon
disciplinary files maintained by the Board. The summary
reports shall be made available to the public upon request and payment of the fees set by the Department. This publication may be made available to the public on the Department's Internet website.
(g) Any violation of this Section shall constitute a Class A
misdemeanor.
(h) If a person violates the provisions of this
Section, an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining the violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in court, the court may
issue a temporary restraining order without notice or bond
and may preliminarily or permanently enjoin the violation,
and if it is established that the person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this subsection
shall be in addition to, and not in lieu of, all other
remedies and penalties provided for by this Section.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/Art. 70
(225 ILCS 65/Art. 70 heading) (was 225 ILCS 65/Tit. 20 heading)
ARTICLE 70. ADMINISTRATION AND ENFORCEMENT
(Article scheduled to be repealed on January 1, 2018)(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑5
(225 ILCS 65/70‑5)
(was 225 ILCS 65/10‑45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑5. Grounds for disciplinary action.
(a) The Department may
refuse to issue or
to renew, or may revoke, suspend, place on
probation, reprimand, or take other disciplinary or non‑disciplinary action as the Department
may deem appropriate, including fines not to exceed $10,000 per violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below.
All fines collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
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(2) Material violations of any provision of this Act
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or violation of the rules of or final administrative action of the Secretary, after consideration of the recommendation of the Board.
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(3) Conviction by plea of guilty or nolo contendere,
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finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony; or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
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(4) A pattern of practice or other behavior which
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demonstrates incapacity or incompetency to practice under this Act.
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(5) Knowingly aiding or assisting another person in
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violating any provision of this Act or rules.
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(6) Failing, within 90 days, to provide a response
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to a request for information in response to a written request made by the Department by certified mail.
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(7) Engaging in dishonorable, unethical or
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unprofessional conduct of a character likely to deceive, defraud or harm the public, as defined by rule.
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(8) Unlawful taking, theft, selling, distributing,
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or manufacturing of any drug, narcotic, or prescription device.
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(9) Habitual or excessive use or addiction to
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alcohol, narcotics, stimulants, or any other chemical agent or drug that could result in a licensee's inability to practice with reasonable judgment, skill or safety.
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(10) Discipline by another U.S. jurisdiction or
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foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
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(11) A finding that the licensee, after having her
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or his license placed on probationary status or subject to conditions or restrictions, has violated the terms of probation or failed to comply with such terms or conditions.
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(12) Being named as a perpetrator in an indicated
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report by the Department of Children and Family Services and under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
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(13) Willful omission to file or record, or
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willfully impeding the filing or recording or inducing another person to omit to file or record medical reports as required by law or willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
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(14) Gross negligence in the practice of practical,
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professional, or advanced practice nursing.
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(15) Holding oneself out to be practicing nursing
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under any name other than one's own.
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(16) Failure of a licensee to report to the
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Department any adverse final action taken against him or her by another licensing jurisdiction of the United States or any foreign state or country, any peer review body, any health care institution, any professional or nursing society or association, any governmental agency, any law enforcement agency, or any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
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(17) Failure of a licensee to report to the
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Department surrender by the licensee of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction or current surrender by the licensee of membership on any nursing staff or in any nursing or advanced practice nursing or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined by this Section.
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(18) Failing, within 60 days, to provide information
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in response to a written request made by the Department.
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(19) Failure to establish and maintain records of
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patient care and treatment as required by law.
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(20) Fraud, deceit or misrepresentation in applying
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for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.
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(21) Allowing another person or organization to use
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the licensees' license to deceive the public.
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(22) Willfully making or filing false records or
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reports in the licensee's practice, including but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
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(23) Attempting to subvert or cheat on a licensing
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examination administered under this Act.
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(24) Immoral conduct in the commission of an act,
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including, but not limited to, sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice.
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(25) Willfully or negligently violating the
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confidentiality between nurse and patient except as required by law.
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(26) Practicing under a false or assumed name,
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except as provided by law.
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(27) The use of any false, fraudulent, or deceptive
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statement in any document connected with the licensee's practice.
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(28) Directly or indirectly giving to or receiving
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from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.
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(29) A violation of the Health Care Worker
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(30) Physical illness, including but not limited to
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deterioration through the aging process or loss of motor skill, mental illness, or disability that results in the inability to practice the profession with reasonable judgment, skill, or safety.
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(31) Exceeding the terms of a collaborative
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agreement or the prescriptive authority delegated to a licensee by his or her collaborating physician or podiatrist in guidelines established under a written collaborative agreement.
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(32) Making a false or misleading statement
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regarding a licensee's skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
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(33) Prescribing, selling, administering,
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distributing, giving, or self‑administering a drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes.
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(34) Promotion of the sale of drugs, devices,
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appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.
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(35) Violating State or federal laws, rules, or
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regulations relating to controlled substances.
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(36) Willfully or negligently violating the
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confidentiality between an advanced practice nurse, collaborating physician, dentist, or podiatrist and a patient, except as required by law.
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(37) A violation of any provision of this Act or any
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rules promulgated under this Act.
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(c) The determination by a circuit court that a licensee is
subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code, as amended, operates as an
automatic suspension. The suspension will end only upon a finding
by a
court that the patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and discharging the
patient; and upon the recommendation of the Board to the
Secretary that
the licensee be allowed to resume his or her practice.
(d) The Department may refuse to issue or may suspend or otherwise discipline the
license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(e) In enforcing this Act, the Department or Board,
upon a showing of a
possible
violation, may compel an individual licensed to practice under this Act or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department or Board may order the examining physician to
present
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
physicians
shall be specifically designated by the Board or Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
or
physical examination, when directed, shall result in an automatic
suspension without hearing.
All substance‑related violations shall mandate an
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automatic substance abuse assessment. Failure to submit to an assessment by a licensed physician who is certified as an addictionist or an advanced practice nurse with specialty certification in addictions may be grounds for an automatic suspension, as defined by rule.
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If the Department or Board finds an individual unable to practice or unfit for duty because
of
the
reasons
set forth in this Section, the Department or Board may require that individual
to submit
to
a substance abuse evaluation or treatment by individuals or programs
approved
or designated by the Department or Board, as a condition, term, or restriction
for continued,
reinstated, or
renewed licensure to practice; or, in lieu of evaluation or treatment,
the Department may file, or
the Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Secretary for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 15 days after the suspension and completed without
appreciable
delay.
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/70‑10
(225 ILCS 65/70‑10)
(was 225 ILCS 65/10‑50)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑10. Intoxication and drug abuse.
(a) Any nurse who is an administrator or officer
in any hospital, nursing home, other health care agency or facility, or nurse
agency and has knowledge of any action or condition which reasonably indicates
that a registered professional nurse or licensed practical nurse
is impaired due to the use of alcohol or mood altering drugs to the extent that such impairment adversely affects such nurse's professional performance, or
unlawfully possesses, uses, distributes or converts mood altering drugs
belonging to the place of employment, shall promptly report
the individual to the Department or designee of the Department; provided however, an administrator or officer
need not file the report if the nurse participates in a course of remedial
professional counseling or medical treatment for substance abuse, as long
as such nurse actively pursues such treatment under monitoring by the
administrator or officer or by the hospital, nursing home, health care
agency or facility, or nurse agency and the nurse continues to be employed by
such hospital, nursing home, health care agency or facility, or nurse agency.
The Department shall review all reports received by it in a timely manner.
Its initial review shall be completed no later than 60 days after receipt of
the report. Within this 60 day period, the Department shall, in writing, make
a determination as to whether there are sufficient facts to warrant further
investigation or action. Any nurse participating in mandatory reporting to the Department under this Section or in good faith assisting another person in making such a report shall have immunity from any liability, either criminal or civil, that might result by reason of such action.
Should the Department find insufficient facts to warrant further
investigation, or action, the report shall be accepted for filing and the
matter shall be deemed closed and so reported.
Should the Department find sufficient facts to warrant further
investigation, such investigation shall be completed within 60 days of the
date of the determination of sufficient facts to warrant further
investigation or action. Final action shall be determined no later than
30 days after the completion of the investigation. If there is a finding
which verifies habitual intoxication or drug addiction which adversely
affects professional performance or the unlawful possession, use,
distribution or conversion of habit‑forming drugs by the reported nurse,
the Department may refuse to issue or renew or may suspend or revoke that
nurse's license as a registered professional nurse or a
licensed practical nurse.
Any of the aforementioned actions or a determination that there are
insufficient facts to warrant further investigation or action shall be
considered a final action. The nurse administrator or officer who filed
the original report or complaint, and the nurse who is the subject of the
report, shall be notified in writing by the Department within 15 days of
any final action taken by the Department.
(b) Each year on March 1,
the Department shall submit a report to the General Assembly. The report
shall include the number of reports made under this Section to the
Department during the previous year, the number of reports reviewed and
found insufficient to warrant further investigation, the number of reports
not completed and the reasons for incompletion. This report shall be made
available also to nurses requesting the report.
(c) Any person making a report under this Section or in good faith assisting
another person in making such a report shall have immunity from any
liability, either criminal or civil, that might result by reason of such
action. For the purpose of any legal proceeding, criminal or civil, there
shall be a rebuttable presumption that any person making a report under
this Section or assisting another person in making such report was acting
in good faith. All such reports and any information disclosed to or
collected by the Department pursuant to this Section shall remain
confidential records of the Department and shall not be disclosed nor be
subject to any law or regulation of this State relating to freedom of
information or public disclosure of records.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑15
(225 ILCS 65/70‑15) (Section scheduled to be repealed on January 1, 2018)
Sec. 70‑15. Disciplinary and non‑disciplinary options for the impaired nurse. The Department shall establish by rule a program of care, counseling, and treatment for the impaired nurse. This program shall allow an impaired nurse to self‑refer to the program. Individual licensee health care records shall be privileged and confidential, unavailable for use in any proceeding, and not subject to disclosure. Nothing in this Section nor the rules adopted under this Section shall impair or prohibit the Department from taking disciplinary action based upon the grounds set forth in Section 70‑5 of this Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑20
(225 ILCS 65/70‑20) (was 225 ILCS 65/20‑13) (Section scheduled to be repealed on January 1, 2018) Sec. 70‑20. Suspension of license or registration for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06; 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑25
(225 ILCS 65/70‑25)
(was 225 ILCS 65/20‑25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑25. Returned checks; fines. Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license to pay
all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑30
(225 ILCS 65/70‑30)
(was 225 ILCS 65/20‑30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑30. Roster. The Department shall maintain a roster
of the names and
addresses of all licensees and of all persons whose licenses have been
suspended or revoked. This roster shall be available upon written request
and payment of the required fees.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑35
(225 ILCS 65/70‑35)
(was 225 ILCS 65/20‑31)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑35. Licensure requirements; internet site. The Department shall
make available to the public the requirements for licensure in English and
Spanish on the internet through the Department's World Wide Web site. This
information shall include the requirements for licensure of individuals
currently residing in another state or territory of the United States or a
foreign country, territory, or province. The Department shall establish an
e‑mail link to the Department for information on the requirements for
licensure, with replies available in English and Spanish.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑40
(225 ILCS 65/70‑40)
(was 225 ILCS 65/20‑32)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑40. Educational resources; internet link. The Department shall
work with the Board, the Board of Higher Education,
the Illinois Student Assistance Commission, Statewide organizations, and
community‑based organizations to develop a list of Department‑approved nursing
programs
and other educational resources related to the Test of English as a Foreign
Language and the Commission on Graduates of Foreign Nursing Schools
Examination. The Department shall provide a link to a list of these resources,
in English and Spanish, on the Department's World Wide Web site.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑45
(225 ILCS 65/70‑45)
(was 225 ILCS 65/20‑35)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑45. Fees.
(a) The Department shall provide by rule for a schedule of fees to be
paid
for licenses by all applicants.
(b) Except as provided in subsection (c) of this Section, the fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration, shall be set by
rule. The fees shall not be refundable.
(c) In addition, applicants for any examination as a Registered
Professional Nurse or a Licensed Practical Nurse shall be required to pay,
either to the Department or to the 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.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑50
(225 ILCS 65/70‑50)
(was 225 ILCS 65/20‑40)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑50. Fund. (a) There is hereby created within the State Treasury the
Nursing Dedicated and Professional Fund. The monies in the Fund may be
used by and at the direction of the Department for the administration and
enforcement of this Act, including but not limited to:
(1) Distribution and publication of this Act and
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(2) Employment of secretarial, nursing,
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administrative, enforcement, and other staff for the administration of this Act.
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(b) Disposition of fees:
(1) $5 of every licensure fee shall be placed in a
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fund for assistance to nurses enrolled in a diversionary program as approved by the Department.
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(2) All of the fees, fines, and penalties collected
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pursuant to this Act shall be deposited in the Nursing Dedicated and Professional Fund.
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(3) Each fiscal year, the moneys deposited in the
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Nursing Dedicated and Professional Fund shall be appropriated to the Department for expenses of the Department and the Board in the administration of this Act. All earnings received from investment of moneys in the Nursing Dedicated and Professional Fund shall be deposited in the Nursing Dedicated and Professional Fund and shall be used for the same purposes as fees deposited in the Fund.
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(4) For the fiscal year beginning July 1, 2004 and
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for each fiscal year thereafter, $1,200,000 of the moneys deposited in the Nursing Dedicated and Professional Fund each year shall be set aside and appropriated to the Department of Public Health for nursing scholarships awarded pursuant to the Nursing Education Scholarship Law. Representatives of the Department and the Nursing Education Scholarship Program Advisory Council shall review this requirement and the scholarship awards every 2 years.
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(5) Moneys in the Fund may be transferred to the
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Professions Indirect Cost Fund as authorized under Section 2105‑300 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑300).
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(c) Moneys set aside for nursing scholarships awarded
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pursuant to the Nursing Education Scholarship Law as provided in item (4) of subsection (b) of this Section may not be transferred under Section 8h of the State Finance Act.
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(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑639, eff. 10‑5‑07; 96‑328, eff. 8‑11‑09.)
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225 ILCS 65/70‑55
(225 ILCS 65/70‑55)
(was 225 ILCS 65/20‑50)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑55. Statute of limitations. All proceedings to suspend,
revoke, or take any other
disciplinary action as the Department may deem proper, with regard to a
license on any of the grounds under Section 70‑5 of this Act may not be commenced later than 5
years next after the commission of any act which is a ground for
discipline or a final conviction order for any of the acts
described. In the event of the settlement of any claim or cause of
action in favor of the claimant or the reduction to the final judgment of
any civil action in favor of the plaintiff, such claim, cause of action or
civil action being rounded on the allegation that a person licensed under
this Act was negligent in providing care, the Department shall have an
additional period of 2 years from the date of such settlement or final
judgment in which to investigate and commence formal disciplinary
proceedings under
this Act, except as otherwise provided by
law. The time during which the holder of the license was outside the State
of Illinois shall not be included within any period of time limiting the
commencement of disciplinary action by the Board.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑60
(225 ILCS 65/70‑60)
(was 225 ILCS 65/20‑55)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑60. Summary suspension;
imminent danger. The Secretary of the
Department may, upon receipt of a written
communication from the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of Public Aid),
or the Director of Public Health
that continuation of practice of a person licensed under this
Act constitutes an immediate danger to the public, immediately suspend the
license of such person without a hearing. In instances in which the
Secretary
immediately suspends a license under this Section, a hearing upon
such person's license must be convened by the Department within 30
days
after such suspension and completed without appreciable delay, such hearing
held to determine whether to recommend to the Secretary that the person's
license be revoked, suspended, placed on probationary status or reinstated,
or such person be subject to other disciplinary action. In such hearing,
the written communication and any other evidence submitted therewith may be
introduced as evidence against such person; provided, however, the person,
or his or her counsel, shall have the opportunity to discredit or impeach
and
submit evidence rebutting such evidence.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑65
(225 ILCS 65/70‑65)
(was 225 ILCS 65/20‑65)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑65. Liability of State. In the event that the
Department's order of revocation,
suspension, placing the licensee on probationary status, or other order of
formal disciplinary action is without any reasonable basis, then the State
of Illinois shall be liable to the injured party for those special damages
suffered as a direct result of such order.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑70
(225 ILCS 65/70‑70)
(was 225 ILCS 65/20‑70)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑70. Right to legal counsel. No action of a disciplinary
nature that is predicated on
charges alleging unethical or unprofessional conduct of a person who is licensed under this Act and that can
be reasonably expected to affect adversely that person's maintenance of her
or his present, or her or his securing of future, employment as such
a
nurse may be taken by the Department,
unless the person against whom such charges are made is afforded the right
to be represented by legal counsel of her or his choosing and to present
any witness, whether an attorney or otherwise to testify on matters
relevant to such charges.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑75
(225 ILCS 65/70‑75)
(was 225 ILCS 65/20‑75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑75. Injunctive remedies.
(a) If any person violates the provision of this Act,
the
Secretary may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, or the State's Attorney of
any county in which the action is brought, petition for an order enjoining
such violation or for an order enforcing compliance with this Act. Upon
the filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin such violation, and if it is established that such
person has violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this Section shall
be in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If any person shall practice as a nurse or hold herself or himself
out as a nurse without being licensed under the provisions of this Act,
then any licensed nurse, any interested party, or any person injured
thereby may, in addition to the Secretary, petition for relief as provided
in subsection (a) of this Section.
(b‑5) Whoever knowingly practices or offers to practice nursing in this State
without a license for that purpose shall be guilty of a Class A misdemeanor
and for each subsequent conviction, shall be guilty of a Class 4 felony.
All criminal fines, monies, or other property collected or received by
the Department under this Section or any other State or federal statute,
including, but not limited to, property forfeited to the Department under
Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited
into the Professional Regulation Evidence Fund.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him. The rule
shall clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued
forthwith.
(Source: P.A. 94‑556, eff. 9‑11‑05; 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑80
(225 ILCS 65/70‑80)
(was 225 ILCS 65/20‑80)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑80. Investigation; notice; hearing. Prior to bringing an
action before the Board, the
Department may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The Department shall,
before suspending, revoking, placing on probationary status, or taking any
other disciplinary action as the Department may deem proper with regard to
any license, at least 30 days prior to the date set for the
hearing, notify the accused in writing of any charges made and the time and
place for a hearing of the charges before the Board, direct
her or him
to file a written answer thereto to the Board under oath
within 20 days
after the service of such notice and inform the licensee that if she or he
fails to file such answer default will be taken against the licensee and
such license may be suspended, revoked, placed on
probationary status, or have other disciplinary action, including limiting
the scope, nature or extent of her or his practice, as the Department may
deem proper taken with regard thereto. Such written notice may be served
by personal delivery or certified or registered mail to the respondent at
the address of her or his last notification to the Department. At
the time
and place fixed in the notice, the Department shall proceed to hear the
charges and the parties or their counsel shall be accorded ample
opportunity to present such statements, testimony, evidence and argument as
may be pertinent to the charges or to the defense to the charges. The
Department may continue a hearing from time to time. In case the accused
person,
after receiving notice, fails to file an answer, her or his license may in the
discretion of the Secretary, having received first
the recommendation of the Board, be suspended,
revoked, placed on probationary status, or the Secretary may take whatever
disciplinary action as he or she may deem proper, including limiting the
scope,
nature, or extent of said person's practice, without a hearing, if the act
or acts charged constitute sufficient grounds for such action under this Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑85
(225 ILCS 65/70‑85)
(was 225 ILCS 65/20‑85)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑85. Stenographer; transcript. The Department, at its
expense, shall provide a stenographer
to take down the testimony and preserve a record of all proceedings at the
hearing of any case wherein any disciplinary action is taken regarding a
license. The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and the
orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105‑115 of the Department of Professional
Regulation Law (20 ILCS 2105/2105‑115).
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑90
(225 ILCS 65/70‑90)
(was 225 ILCS 65/20‑90)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑90. Compelled testimony and production of documents. Any circuit court may, upon application of the Department
or designee or of the applicant or licensee against whom proceedings upon
Section 70‑80 of this Act are pending, enter an order requiring the
attendance of witnesses and their testimony, and the production of
documents, papers, files, books and records in connection with any hearing
or investigation. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑95
(225 ILCS 65/70‑95)
(was 225 ILCS 65/20‑95)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑95. Subpoena power; oaths. The Department shall have
power to subpoena and bring
before it any person in this State and to take testimony, either orally or
by deposition or both, with the same fees and mileage and in the same
manner as prescribed by law in judicial proceedings in civil cases in
circuit courts of this State.
The Secretary and any member of the Board designated by the Secretary
shall each have power to administer oaths to witnesses at any hearing which
the Department is authorized to conduct under this Act, and any other oaths
required or authorized to be administered by the Department under this Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑100
(225 ILCS 65/70‑100)
(was 225 ILCS 65/20‑100)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑100. Board report. At the conclusion of the hearing the
Board shall
present to the Secretary a written report of its findings of fact,
conclusions of law, and recommendations. The report shall contain a
finding whether or not the accused person violated this Act or failed to
comply with the conditions required in this Act. The report shall specify
the nature of the violation or failure to comply, and the Board shall
make its recommendations to the Secretary.
The report of findings of fact, conclusions of law, and recommendation of
the Board shall be the basis for the Department's order of
refusal or
for the granting of a license or permit unless the Secretary shall determine
that the report is contrary to the manifest weight of the evidence, in which
case the Secretary may issue an order in contravention of the report. The
findings are not admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution brought for the violation
of this Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑105
(225 ILCS 65/70‑105)
(was 225 ILCS 65/20‑105)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑105. Hearing officer. The Secretary shall have the
authority to appoint an attorney
duly licensed to practice law in the State of Illinois to serve as the hearing
officer in any formal action before the Board of Nursing to revoke, suspend, place on
probation, reprimand, fine, or take any other disciplinary action against a license. The hearing officer shall have full authority to
conduct the formal hearing. The Board shall have the right to have at least
one member present at any hearing conducted by such hearing officer. The Board members shall have equal or greater licensing qualifications than those of the licensee being prosecuted. The hearing officer shall report her or his findings and
recommendations to the Board within 30 days of the receipt of the
record. The Board shall have up to 90 days from receipt of the report to
review the report of the hearing officer and present their findings of
fact, conclusions of law and recommendations to the Secretary. If the
Board fails to present its report within the 90‑day period, the Secretary may issue an order based on the report of the hearing officer.
However, if the Board does present its report within the specified 90
days, the Secretary's order shall be based upon the report of the Board.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑110
(225 ILCS 65/70‑110)
(was 225 ILCS 65/20‑110)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑110. Motion for rehearing. In any case involving refusal to issue,
renew, or the discipline of a license, a copy of the Board's report shall be
served
upon the respondent by the Department, either personally or as provided in
this Act, for the service of the notice of hearing. Within 20 days after
such service, the respondent may present to the Department a motion in
writing for a rehearing, which motion shall specify the particular grounds
for a rehearing. If no motion for rehearing is filed, then
upon the expiration of
the time then upon such denial the Secretary may enter an order in
accordance with recommendations of the Board except as
provided in Sections 70‑100 and 70‑105 of this Act. If the
respondent shall order from the
reporting service, and pay for a transcript of the record within the time
for filing a motion for rehearing, the 20 day period within which such a
motion may be filed shall commence upon the delivery of the transcript
to the respondent.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑115
(225 ILCS 65/70‑115)
(was 225 ILCS 65/20‑115)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑115. Order for rehearing. Whenever the Secretary is
satisfied that substantial
justice has not been done in the revocation, suspension, or refusal to
issue or renew a license, the Secretary may order a hearing by the same or
another hearing officer or the Board.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑120
(225 ILCS 65/70‑120)
(was 225 ILCS 65/20‑120)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑120. Order of Secretary. An order regarding any disciplinary
action or a certified copy thereof, over the seal of the Department
and purporting to be signed by the Secretary, shall be prima facie evidence
that:
(a) the signature is the genuine signature of the
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(b) the Secretary is duly appointed and qualified;
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(c) the Board and the Board members are qualified to
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(Source: P.A. 95‑639, eff. 10‑5‑07.)
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225 ILCS 65/70‑125
(225 ILCS 65/70‑125)
(was 225 ILCS 65/20‑125)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑125. Restoration after suspension or revocation. At
any time after the suspension or revocation of any
license, the Department may restore it to the accused person unless, after
an investigation and a hearing, the Department determines that restoration
is not in the public interest.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑130
(225 ILCS 65/70‑130)
(was 225 ILCS 65/20‑130)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑130. Surrender of license. Upon revocation or suspension
of any license, the licensee shall forthwith surrender the license to the
Department and if the licensee fails to do so, the Department shall have
the right to seize the license.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑135
(225 ILCS 65/70‑135)
(was 225 ILCS 65/20‑135)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑135. Temporary suspension. The Secretary may temporarily
suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings
for a hearing provided for in Section 70‑80
of this Act, if the Secretary
finds that evidence in his or her possession indicates that continuation in
practice would constitute an imminent danger to the public. In the event
that the Secretary suspends, temporarily, this license without a hearing, a
hearing by the Department must be held within 30 days after the
suspension has occurred, and be concluded without appreciable delay.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; but if the
party is not a resident of this State, the venue shall be in Sangamon County.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑140
(225 ILCS 65/70‑140)
(was 225 ILCS 65/20‑140)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑140. Administrative Review Law. All final
administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to the revisions of
the Administrative Review Law, and all amendments and modifications
thereof, and the rule adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑145
(225 ILCS 65/70‑145)
(was 225 ILCS 65/20‑145)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑145. Certification of record. The Department shall not
be required to certify any record to
the Court or file any answer in court or otherwise appear in any court in a
judicial review proceeding, unless there is filed in the court, with the
complaint, a receipt from the Department acknowledging payment of the costs
of furnishing and certifying the record. Failure on the part of the
plaintiff to file such receipt in Court shall be grounds for dismissal of the
action.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑150
(225 ILCS 65/70‑150)
(was 225 ILCS 65/20‑150)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑150. Criminal penalties. Any person who is found to
have violated any provision of
this Act is guilty of a Class A misdemeanor. On conviction of a second or
subsequent offense, the violator shall be guilty of a Class 4 felony.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑155
(225 ILCS 65/70‑155)
(was 225 ILCS 65/20‑155)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑155. Pending actions. All disciplinary actions taken or pending pursuant to the Illinois Nursing
Act, approved June 14, 1951, as amended, shall, for the actions taken,
remain in effect, and for the actions pending, shall be continued, on the
effective date of this Act without having separate actions filed by
the Department.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑160
(225 ILCS 65/70‑160)
(was 225 ILCS 65/20‑160)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑160. Illinois Administrative Procedure Act. The
Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act, the notice
required under Section 10‑25 of the Illinois Administrative Procedure Act
is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑165
(225 ILCS 65/70‑165)
(was 225 ILCS 65/20‑165)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70‑165. Home rule preemption. It is declared to be the public policy
of this State, pursuant to paragraph (h) of Section 6 of
Article VII of the Illinois Constitution of 1970, that any power or function
set forth in this Act to be exercised by the State is an exclusive State power
or function. Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government, including home
rule units, except as otherwise provided in this Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)
225 ILCS 65/Art. 75
(225 ILCS 65/Art. 75 heading) (was 225 ILCS 65/Tit. 17 heading)
ARTICLE 75. ILLINOIS CENTER FOR NURSING
(Article scheduled to be repealed on January 1, 2018)(Source: P.A. 94‑1020, eff. 7‑11‑06; 95‑639, eff. 10‑5‑07.)
225 ILCS 65/70‑170
(225 ILCS 65/70‑170) (Section scheduled to be repealed on January 1, 2018)
Sec. 70‑170. Sexually Transmissible Disease Control Act. No licensee under this Act may be disciplined for providing expedited partner therapy in accordance with the provisions of the Illinois Sexually Transmissible Disease Control Act.
(Source: P.A. 96‑613, eff. 1‑1‑10.)
225 ILCS 65/75‑5
(225 ILCS 65/75‑5) (was 225 ILCS 65/17‑5) (Section scheduled to be repealed on January 1, 2018) Sec. 75‑5. Definitions. In this Article: "Advisory Board" means the Center for Nursing Advisory Board. "Center" means the Illinois Center for Nursing.
(Source: P.A. 94‑1020, eff. 7‑11‑06; 95‑639, eff. 10‑
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