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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.
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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(Article scheduled to be repealed on January 1, 2028)(Source: P.A. 95-639, eff. 10-5-07.)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(Section scheduled to be repealed on January 1, 2028)
Sec. 50-1.
This Act may be cited as the
Nurse Practice Act.(Source: P.A. 95-639, eff. 10-5-07.)
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225 ILCS 65/50-5
(225 ILCS 65/50-5)
(was 225 ILCS 65/5-5)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/50-10 (225 ILCS 65/50-10) (was 225 ILCS 65/5-10) (Text of Section before amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
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.
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. "Advanced practice registered nurse" or "APRN" 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 registered nurses licensed and practicing in the State of Illinois shall use the title APRN and may use specialty credentials CNM, CNP, CRNA, or CNS after their name. All advanced practice registered nurses may only practice in accordance with national certification and this Act.
"Advisory Board" means the Illinois Nursing Workforce Center Advisory Board. "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. "Center" means the Illinois Nursing Workforce Center. "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. "Competence" means an expected and measurable level of performance that integrates knowledge, skills, abilities, and judgment based on established scientific knowledge and expectations for nursing practice. "Comprehensive nursing assessment" means the gathering of information about the patient's physiological, psychological, sociological, and spiritual status on an ongoing basis by a registered professional nurse and is the first step in implementing and guiding the nursing plan of care. "Consultation" means the process whereby an advanced practice registered 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. "Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act. "Department" means the Department of Financial and Professional Regulation. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit. "Focused nursing assessment" means an appraisal of an individual's status and current situation, contributing to the comprehensive nursing assessment performed by the registered professional nurse or advanced practice registered nurse or the assessment by the physician assistant, physician, dentist, podiatric physician, or other licensed health care professional, as determined by the Department, supporting ongoing data collection, and deciding who needs to be informed of the information and when to inform. "Full practice authority" means the authority of an advanced practice registered nurse licensed in Illinois and certified as a nurse practitioner, clinical nurse specialist, or nurse midwife to practice without a written collaborative agreement and: (1) to be fully accountable to patients for the | | quality of advanced nursing care rendered;
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| (2) to be fully accountable for recognizing limits of
| | knowledge and experience and for planning for the management of situations beyond the advanced practice registered nurse's expertise; the full practice authority for advanced practice registered nurses includes accepting referrals from, consulting with, collaborating with, or referring to other health care professionals as warranted by the needs of the patient; and
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| (3) to possess the authority to prescribe
| | medications, including Schedule II through V controlled substances, as provided in Section 65-43.
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| "Hospital affiliate" means a corporation, partnership, joint venture, limited liability company, or similar organization, other than a hospital, that is devoted primarily to the provision, management, or support of health care services and that directly or indirectly controls, is controlled by, or is under common control of the hospital. For the purposes of this definition, "control" means having at least an equal or a majority ownership or membership interest. A hospital affiliate shall be 100% owned or controlled by any combination of hospitals, their parent corporations, or physicians licensed to practice medicine in all its branches in Illinois. "Hospital affiliate" does not include a health maintenance organization regulated under the Health Maintenance Organization Act.
"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 registered nurse" means a registered professional nurse who has completed all requirements for licensure as an advanced practice registered nurse except the certification examination and has applied to take the next available certification exam and received a temporary permit 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.
"Nursing intervention" means any treatment based on clinical nursing judgment or knowledge that a nurse performs. An individual or entity shall not mandate that a registered professional nurse delegate nursing interventions if the registered professional nurse determines it is inappropriate to do so. A nurse shall not be subject to disciplinary or any other adverse action for refusing to delegate a nursing intervention based on patient safety.
"Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
"Podiatric physician" 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 interventions requiring the nursing knowledge, judgment, and skill
acquired by means of completion of an approved practical nursing education
program. Practical nursing includes assisting in the nursing process under the guidance of a registered professional nurse or an advanced practice registered nurse. The
practical nurse may work under the direction of a licensed physician, dentist, podiatric physician, 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" means a scientific process founded on a professional body of knowledge that includes, but is not limited to, the protection, promotion, and optimization of health and abilities, prevention of illness and injury, development and implementation of the nursing plan of care, facilitation of nursing interventions to alleviate suffering, care coordination, and advocacy in the care of individuals, families, groups, communities, and populations. "Registered professional nursing practice" does not include the act of medical diagnosis or prescription of medical 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 registered nurse and a collaborating physician, dentist, or podiatric physician pursuant to Section 65-35.
(Source: P.A. 103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
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.
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit.
"Advanced practice registered nurse" or "APRN" 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 registered nurses licensed and practicing in the State of Illinois shall use the title APRN and may use specialty credentials CNM, CNP, CRNA, or CNS after their name. All advanced practice registered nurses may only practice in accordance with national certification and this Act.
"Advisory Board" means the Illinois Nursing Workforce Center Advisory Board.
"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.
"Center" means the Illinois Nursing Workforce Center.
"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.
"Competence" means an expected and measurable level of performance that integrates knowledge, skills, abilities, and judgment based on established scientific knowledge and expectations for nursing practice.
"Comprehensive nursing assessment" means the gathering of information about the patient's physiological, psychological, sociological, and spiritual status on an ongoing basis by a registered professional nurse and is the first step in implementing and guiding the nursing plan of care.
"Consultation" means the process whereby an advanced practice registered 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.
"Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act.
"Department" means the Department of Financial and Professional Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Focused nursing assessment" means an appraisal of an individual's status and current situation, contributing to the comprehensive nursing assessment performed by the registered professional nurse or advanced practice registered nurse or the assessment by the physician assistant, physician, dentist, podiatric physician, or other licensed health care professional, as determined by the Department, supporting ongoing data collection, and deciding who needs to be informed of the information and when to inform.
"Full practice authority" means the authority of an advanced practice registered nurse licensed in Illinois and certified as a nurse practitioner, clinical nurse specialist, or nurse midwife to practice without a written collaborative agreement and:
(1) to be fully accountable to patients for the
| | quality of advanced nursing care rendered;
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| (2) to be fully accountable for recognizing limits of
| | knowledge and experience and for planning for the management of situations beyond the advanced practice registered nurse's expertise; the full practice authority for advanced practice registered nurses includes accepting referrals from, consulting with, collaborating with, or referring to other health care professionals as warranted by the needs of the patient; and
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| (3) to possess the authority to prescribe
| | medications, including Schedule II through V controlled substances, as provided in Section 65-43.
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| "Full practice authority-pending advanced practice registered nurse" means an advanced practice registered nurse licensed in Illinois and certified as a nurse practitioner, clinical nurse specialist, or nurse midwife who has provided a notarized attestation of completion of at least 250 hours of continuing education or training in the advanced practice registered nurse's area of certification and at least 4,000 hours of clinical experience after first attaining national certification and who has submitted an application to the Department to be granted full practice authority.
"Hospital affiliate" means a corporation, partnership, joint venture, limited liability company, or similar organization, other than a hospital, that is devoted primarily to the provision, management, or support of health care services and that directly or indirectly controls, is controlled by, or is under common control of the hospital. For the purposes of this definition, "control" means having at least an equal or a majority ownership or membership interest. A hospital affiliate shall be 100% owned or controlled by any combination of hospitals, their parent corporations, or physicians licensed to practice medicine in all its branches in Illinois. "Hospital affiliate" does not include a health maintenance organization regulated under the Health Maintenance Organization Act.
"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 registered nurse" means a registered professional nurse who has completed all requirements for licensure as an advanced practice registered nurse except the certification examination and has applied to take the next available certification exam and received a temporary permit 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.
"Nursing intervention" means any treatment based on clinical nursing judgment or knowledge that a nurse performs. An individual or entity shall not mandate that a registered professional nurse delegate nursing interventions if the registered professional nurse determines it is inappropriate to do so. A nurse shall not be subject to disciplinary or any other adverse action for refusing to delegate a nursing intervention based on patient safety.
"Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
"Podiatric physician" 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 interventions requiring the nursing knowledge, judgment, and skill acquired by means of completion of an approved practical nursing education program. Practical nursing includes assisting in the nursing process under the guidance of a registered professional nurse or an advanced practice registered nurse. The practical nurse may work under the direction of a licensed physician, dentist, podiatric physician, 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" means a scientific process founded on a professional body of knowledge that includes, but is not limited to, the protection, promotion, and optimization of health and abilities, prevention of illness and injury, development and implementation of the nursing plan of care, facilitation of nursing interventions to alleviate suffering, care coordination, and advocacy in the care of individuals, families, groups, communities, and populations. "Registered professional nursing practice" does not include the act of medical diagnosis or prescription of medical 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 registered nurse and a collaborating physician, dentist, or podiatric physician pursuant to Section 65-35.
(Source: P.A. 103-154, eff. 6-30-23; 103-686, eff. 1-1-25.)
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225 ILCS 65/50-13 (225 ILCS 65/50-13) (Section scheduled to be repealed on January 1, 2028) Sec. 50-13. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the | | Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and
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| (2) inform the Department of any change of address
| | of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit.
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(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/50-15
(225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2028)
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 | | 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
| | 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
| | 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 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
| | 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 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
| | advanced practice registered nursing by one who is an advanced practice registered nurse under the laws of another United States jurisdiction or a foreign jurisdiction and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as an advanced practice registered 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
| | is a registered professional nurse under the laws of another United States jurisdiction or a foreign jurisdiction 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
| | included in a program of study by one who is a registered professional nurse under the laws of another United States jurisdiction or a foreign jurisdiction 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
| | 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
| | 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) (Blank).
(14) County correctional personnel from delivering
| | 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 delegation of tasks or duties by a physician, dentist, or podiatric physician to a licensed practical nurse, a registered professional nurse, or other persons.
(Source: P.A. 100-513, eff. 1-1-18.)
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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, 2028)
Sec. 50-20. Unlicensed practice; violation; civil penalty.
(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice nursing without being licensed under this Act
shall 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. 100-513, eff. 1-1-18.)
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225 ILCS 65/50-25
(225 ILCS 65/50-25)
(was 225 ILCS 65/5-21)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/50-26 (225 ILCS 65/50-26) (Section scheduled to be repealed on January 1, 2028) Sec. 50-26. Application for license. Applications for licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required fee. All applications shall contain the information that, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for a license under this Act. If an applicant fails to obtain a license under this Act within 3 years after filing his or her application, the application shall be denied. The applicant may make a new application, which shall be accompanied by the required nonrefundable fee. The applicant shall be required to meet the qualifications required for licensure at the time of reapplication.
(Source: P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/50-27 (225 ILCS 65/50-27) (Section scheduled to be repealed on January 1, 2028) Sec. 50-27. Fee waivers. Notwithstanding any provision of law to the contrary, during State fiscal years 2022, 2023, and 2024, the Department shall allow individuals a one-time waiver of fees imposed under Section 50-26, 55-10, 55-11, 55-15, 60-10, 60-11, 60-20, 65-5, 65-15, or 70-45 of this Act. No individual may benefit from such waiver more than once.
(Source: P.A. 102-699, eff. 4-19-22.) |
225 ILCS 65/50-30
(225 ILCS 65/50-30)
(was 225 ILCS 65/5-22)
(Section scheduled to be repealed on January 1, 2028)
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 license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
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225 ILCS 65/50-35
(225 ILCS 65/50-35)
(was 225 ILCS 65/5-23)
(Section scheduled to be repealed on January 1, 2028)
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 Illinois 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 Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Illinois 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 Illinois 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. 102-538, eff. 8-20-21.)
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225 ILCS 65/50-40
(225 ILCS 65/50-40)
(was 225 ILCS 65/5-25)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/50-45
(225 ILCS 65/50-45)
(was 225 ILCS 65/5-30)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/50-50
(225 ILCS 65/50-50)
(was 225 ILCS 65/10-5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-50. Prohibited acts.
(a) No person shall:
(1) Practice as an advanced practice registered | | nurse without a valid license as an advanced practice registered nurse, except as provided in Section 50-15 of this Act;
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| (2) Practice professional nursing without a valid
| | 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
| | 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,
| | 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
| | license is suspended, revoked, expired, or on inactive status;
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(6) Use any words, abbreviations, figures, letters,
| | 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,
| | abbreviations, figures, letters, titles, signs, cards, or devices tending to imply that she or he is an advanced practice registered nurse, including the titles or initials "Advanced Practice Registered Nurse", "A.P.R.N.", or similar titles or initials, with the intention of indicating practice as an advanced practice registered nurse without a valid license as an advanced practice registered nurse under this Act. For purposes of this provision, the terms "advanced practice nurse" and "A.P.N." are considered to be similar titles or initials protected by this subsection (a).
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| (8) Use any words, abbreviations figures, letters,
| | 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
| | 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
| | 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 willfully false oath or affirmation
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(12) Conduct a nursing education program preparing
| | persons for licensure that has not been approved by the Department;
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|
(13) Represent that any school or course is approved
| | 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;
|
|
(14) Attempt or offer to do any of the acts
| | 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;
|
|
(15) Employ persons not licensed under this Act to
| | practice professional nursing or practical nursing;
|
|
(16) (Blank);
(17) Retaliate against any nurse who reports unsafe,
| | unethical, or illegal health care practices or conditions;
|
| (18) Be deemed a supervisor when delegating nursing
| | interventions or guiding the practice of a licensed practical nurse as authorized under this Act; and
|
| (19) Discipline or take other adverse action against
| | a nurse who refused to delegate a nursing intervention based on patient safety; and
|
| (20) Otherwise intentionally violate any provision of
| | (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. 100-513, eff. 1-1-18.)
|
225 ILCS 65/50-55
(225 ILCS 65/50-55)
(was 225 ILCS 65/10-10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-55. Department powers and duties. Subject to the provisions of this Act, the Department is authorized to exercise the following functions, powers, and duties:
(1) Conduct or authorize examinations to ascertain | | the fitness and qualifications of applicants for all licenses governed by this Act, pass upon the qualifications of applicants for licenses, and issue licenses to applicants found to be fit and qualified.
|
| (2) Adopt rules required for the administration of
| | this Act, in consultation with the Board where necessary.
|
|
(3) Prescribe rules for a method of examination of
| | (4) Prescribe rules defining what constitutes an
| | approved program, school, college, or department of a university, except that no program, school, college, or department of a university that refuses admittance to applicants solely on account of race, color, creed, sex, or national origin shall be approved.
|
| (5) Conduct hearings on proceedings to revoke or
| | suspend licenses or on objection to the issuance of licenses and to revoke, suspend, or refuse to issue such licenses.
|
| (6) 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.
|
|
(7) Act upon the recommendations of the Board of
| | Nursing and the Illinois Nursing Workforce Center Advisory Board.
|
| (8) Exercise the powers and duties prescribed by the
| | Civil Administrative Code of Illinois for the administration of licensing Acts.
|
| (Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/50-60
(225 ILCS 65/50-60)
(was 225 ILCS 65/10-15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-60. Nursing Coordinator. The
Secretary shall appoint, pursuant to the Personnel
Code, a Nursing
Coordinator.
The Nursing Coordinator shall
be a registered professional nurse licensed
in this State who has graduated from an approved school of nursing and holds at least a
master's degree in nursing from an accredited college or university.
(Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/50-65
(225 ILCS 65/50-65)
(was 225 ILCS 65/10-25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-65. Board.
(a) 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 registered 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. 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 | | revision of rules necessary for the administration of this Act;
|
|
(2) Recommend the approval, denial of approval,
| | withdrawal of approval, or discipline of nursing education programs;
|
|
(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) (Blank).
(Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/50-70
(225 ILCS 65/50-70)
(was 225 ILCS 65/10-35)
(Section scheduled to be repealed on January 1, 2028)
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 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. 100-513, eff. 1-1-18.)
|
225 ILCS 65/50-75 (225 ILCS 65/50-75) (Section scheduled to be repealed on January 1, 2028)
Sec. 50-75. Nursing delegation by a registered professional nurse. (a) For the purposes of this Section: "Delegation" means transferring to a specific individual the authority to perform a specific nursing intervention in a specific situation. "Predictability of outcomes" means that a registered professional nurse or advanced practice registered nurse has determined that the patient's or individual's clinical status is stable and expected to improve or the patient's or individual's deteriorating condition is expected to follow a known or expected course. "Stability" means a registered professional nurse or advanced practice registered nurse has determined that the individual's clinical status and nursing care needs are consistent. (b) This Section authorizes a registered professional nurse to: (1) delegate nursing interventions to other | | registered professional nurses, licensed practical nurses, and other unlicensed personnel based on the comprehensive nursing assessment that includes, but is not limited to:
|
| (A) the stability and condition of the patient;
(B) the potential for harm;
(C) the complexity of the nursing intervention to
| | (D) the predictability of outcomes; and
(E) competency of the individual to whom the
| | nursing intervention is delegated;
|
| (2) delegate medication administration to other
| | (3) in community-based or in-home care settings,
| | delegate the administration of medication (limited to oral or subcutaneous dosage and topical or transdermal application) to unlicensed personnel, if all the conditions for delegation set forth in this Section are met;
|
| (4) refuse to delegate, stop, or rescind a previously
| | authorized delegation; or
|
| (5) in community-based or in-home care settings,
| | delegate, guide, and evaluate the implementation of nursing interventions as a component of patient care coordination after completion of the comprehensive patient assessment based on analysis of the comprehensive nursing assessment data; care coordination in in-home care and school settings may occur in person, by telecommunication, or by electronic communication.
|
| (c) This Section prohibits the following:
(1) An individual or entity from mandating that a
| | registered professional nurse delegate nursing interventions if the registered professional nurse determines it is inappropriate to do so. Nurses shall not be subject to disciplinary or any other adverse action for refusing to delegate a nursing intervention based on patient safety.
|
| (2) The delegation of medication administration to
| | unlicensed personnel in any institutional or long-term facility, including, but not limited to, those facilities licensed by the Hospital Licensing Act, the University of Illinois Hospital Act, State-operated mental health hospitals, or State-operated developmental centers, except as authorized under Article 80 of this Act or otherwise specifically authorized by law.
|
| (3) A registered professional nurse from delegating
| | nursing judgment, the comprehensive patient assessment, the development of a plan of care, and the evaluation of care to licensed or unlicensed personnel.
|
| (4) A licensed practical nurse or unlicensed
| | personnel who has been delegated a nursing intervention from re-delegating a nursing intervention.
|
|
(Source: P.A. 100-513, eff. 1-1-18; 100-1160, eff. 6-1-19.)
|
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, 2028)(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, 2028)
Sec. 55-5. LPN education program requirements. (a) All Illinois practical nurse education programs must be reviewed by the Board and approved by the Department before the successful completion of such a program may be applied toward meeting the requirements for practical nurse licensure under this Act. Any program changing the level of educational preparation or the relationship with or to the parent institution or establishing an extension of an existing program must request a review by the Board and approval by the Department. The Board shall review and make a recommendation for the approval or disapproval of a program by the Department based on the following criteria: (1) a feasibility study that describes the need for | | the program and the facilities used, the potential of the program to recruit faculty and students, financial support for the program, and other criteria, as established by rule;
|
| (2) program curriculum that meets all State
| | (3) the administration of the program by a Nurse
| | Administrator and the involvement of a Nurse Administrator in the development of the program; and
|
| (4) the occurrence of a site visit prior to approval.
(b) In order to obtain initial Department approval and to maintain Department approval, a practical nursing program must meet all of the following requirements:
(1) The program must continually be administered by
| | (2) The institution responsible for conducting the
| | program and the Nurse Administrator must ensure that individual faculty members are academically and professionally competent.
|
| (3) The program curriculum must contain all
| | applicable requirements established by rule, including both theory and clinical components.
|
| (4) The passage rates of the program's graduating
| | classes on the State-approved licensure exam must be deemed satisfactory by the Department.
|
| (c) Program site visits to an institution conducting or hosting a practical nursing program may be made at the discretion of the Nursing Coordinator or upon recommendation of the Board.
(d) Any institution conducting a practical nursing program that wishes to discontinue the program must do each of the following:
(1) Notify the Department, in writing, of its intent
| | to discontinue the program.
|
| (2) Continue to meet the requirements of this Act
| | and the rules adopted thereunder until the official date of termination of the program.
|
| (3) Notify the Department of the date on which the
| | last student shall graduate from the program and the program shall terminate.
|
| (4) Assist remaining students in the continuation of
| | their education in the event of program termination prior to the graduation of the program's final student.
|
| (5) Upon the closure of the program, notify the
| | Department, in writing, of the location of student and graduate records storage.
|
|
(Source: P.A. 95-639, eff. 10-5-07.)
|
225 ILCS 65/55-10 (225 ILCS 65/55-10) (was 225 ILCS 65/10-30) (Text of Section before amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
Sec. 55-10. LPN licensure by examination.
(a) Each applicant who successfully meets the requirements of this Section is eligible for
licensure as a licensed practical nurse.
(b) An applicant for licensure by examination to practice as a practical nurse is eligible for licensure when the following requirements are met:
(1) the applicant has submitted a completed written | | application on forms provided by the Department and fees as established by the Department;
|
|
(2) the applicant has graduated from a practical
| | nursing education program approved by the Department or has been granted a certificate of completion of pre-licensure requirements from another United States jurisdiction;
|
| (3) the applicant has successfully completed a
| | licensure examination approved by the Department;
|
|
(4) (blank);
(5) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act;
|
|
(6) the applicant has submitted either to the
| | Department or its designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination fee; and
|
|
(7) the applicant has met all other requirements
| | (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 of the date of initial application, the application shall be denied. When an applicant's application is denied due to the failure to pass the examination within the 3-year period, that applicant must undertake an additional course of education as defined by rule prior to submitting a new application for licensure. Any new application must be accompanied by the required fee, evidence of meeting the requirements in force at the time of the new application, and evidence of completion of the additional course of education prescribed by rule.
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 registered nurse or physician. An individual may be employed as a license-pending practical nurse if all of the following criteria are met:
(1) He or she has completed and passed the
| | Department-approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
|
| (2) He or she has completed and submitted to the
| | Department an application for licensure under this Section as a practical nurse.
|
| (3) He or she has submitted the required licensure
| | (4) He or she has met all other requirements
| | established by rule, including having submitted to a criminal history records check.
|
| (e) The privilege to practice as a license-pending practical nurse shall terminate with the occurrence of any of the following:
(1) Three months have passed since the official date
| | of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. This 3-month period may be extended as determined by rule.
|
| (2) Receipt of the practical nurse license from the
| | (3) Notification from the Department that the
| | application for licensure has been denied.
|
| (4) A request by the Department that the individual
| | terminate practicing as a license-pending practical nurse until an official decision is made by the Department to grant or deny a practical nurse license.
|
| (f) (Blank).
(g) All applicants for practical nurse licensure by examination
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 evidence of English proficiency, as defined by rule.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(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. 100-513, eff. 1-1-18.)
(Text of Section after amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
Sec. 55-10. LPN licensure by examination.
(a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as a licensed practical nurse.
(b) An applicant for licensure by examination to practice as a practical nurse is eligible for licensure when the following requirements are met:
(1) the applicant has submitted a completed written
| | application on forms provided by the Department and fees as established by the Department;
|
| (2) the applicant has graduated from a practical
| | nursing education program approved by the Department or has been granted a certificate of completion of pre-licensure requirements from another United States jurisdiction;
|
| (3) the applicant has successfully completed a
| | licensure examination approved by the Department;
|
| (4) (blank);
(5) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act;
|
| (6) the applicant has submitted either to the
| | Department or its designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination fee; and
|
| (7) the applicant has met all other requirements
| | (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 of the date of initial application, the application shall be denied. When an applicant's application is denied due to the failure to pass the examination within the 3-year period, that applicant must undertake an additional course of education as defined by rule prior to submitting a new application for licensure. Any new application must be accompanied by the required fee, evidence of meeting the requirements in force at the time of the new application, and evidence of completion of the additional course of education prescribed by rule.
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 registered nurse or physician. An individual may be employed as a license-pending practical nurse if all of the following criteria are met:
(1) He or she has completed and passed the
| | Department-approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
|
| (2) He or she has completed and submitted to the
| | Department an application for licensure under this Section as a practical nurse.
|
| (3) He or she has submitted the required licensure
| | (4) He or she has met all other requirements
| | established by rule, including having submitted to a criminal history records check.
|
| (e) The privilege to practice as a license-pending practical nurse shall terminate with the occurrence of any of the following:
(1) Six months have passed since the official date of
| | passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. This 6-month period may be extended as determined by rule.
|
| (2) Receipt of the practical nurse license from the
| | (3) Notification from the Department that the
| | application for licensure has been denied.
|
| (4) A request by the Department that the individual
| | terminate practicing as a license-pending practical nurse until an official decision is made by the Department to grant or deny a practical nurse license.
|
| (f) (Blank).
(g) All applicants for practical nurse licensure by examination 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 evidence of English proficiency, as defined by rule.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(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. 103-686, eff. 1-1-25.)
|
225 ILCS 65/55-11 (225 ILCS 65/55-11) (Section scheduled to be repealed on January 1, 2028) Sec. 55-11. LPN licensure by endorsement. (a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as a licensed practical nurse. (b) An applicant for licensure by endorsement who is a licensed practical nurse licensed by examination under the laws of another United States jurisdiction or a foreign jurisdiction is eligible for licensure when the following requirements are met: (1) the applicant has submitted a completed written | | application on forms supplied by the Department and fees as established by the Department;
|
| (2) the applicant has graduated from a practical
| | nursing education program approved by the Department;
|
| (2.5) the applicant has successfully completed a
| | licensure examination approved by the Department;
|
| (3) the applicant has been issued a licensed
| | practical nurse license by another United States or foreign jurisdiction, which shall be verified, as defined by rule;
|
| (4) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act; and
|
| (5) the applicant has met all other requirements as
| | established by the Department by rule.
|
| (c) 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 education program outside of the United States or its territories and whose first language is not English shall submit evidence of English proficiency, as defined by rule.
(d) 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 permit 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 permit 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 permits from another jurisdiction, the Department may not issue a temporary permit until the Department 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 following receipt by the Department of an application for the temporary permit, shall be granted upon the submission of all of the following to the Department:
(1) a completed application for licensure as a
| | (2) proof of a current, active license in at least
| | one other jurisdiction of the United States and proof that each current active license or temporary permit held by the applicant within the last 5 years is unencumbered;
|
| (3) a signed and completed application for a
| | (4) the required temporary permit fee.
(e) The Department may refuse to issue an applicant a temporary permit authorized pursuant to this Section if, within 14 working days following its receipt of an application for a temporary permit, the Department determines that:
(1) the applicant has been convicted of a crime under
| | the laws of a jurisdiction of the United States that is: (i) a felony; or (ii) a misdemeanor directly related to the practice of the profession, within the last 5 years;
|
| (2) the applicant has had a license or permit related
| | to the practice of practical nursing revoked, suspended, or placed on probation by another jurisdiction within the last 5 years and at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds in Illinois; or
|
| (3) the Department intends to deny licensure by
| | (f) The Department may revoke a temporary permit issued pursuant to this Section if it determines that:
(1) the applicant has been convicted of a crime under
| | the law of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession, within the last 5 years;
|
| (2) within the last 5 years the applicant has had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, and at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act; or
|
| (3) the Department intends to deny licensure by
| | (g) A temporary permit shall 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 permit 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.
(h) All applicants for practical nurse 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.
(Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/55-15 (225 ILCS 65/55-15) (Section scheduled to be repealed on January 1, 2028)
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, 2028)
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, as specified by rule. (c) Notwithstanding any other provision of this Act, any license to practice practical nursing issued under this Act that expired while the licensee was (i) in federal service on active duty with the Armed Forces of the United States or in the State Militia and called into service or training or (ii) in training or education under the supervision of the United States preliminary to induction into the military service may have the license restored without paying any lapsed renewal fees if, within 2 years after honorable termination of such service, training, or education, the applicant furnishes the Department with satisfactory evidence to the effect that the applicant has been so engaged and that the individual's service, training, or education has been so terminated. (d) Any practical nurse licensee who shall engage in the practice of practical nursing with a lapsed license or while on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under Section 70-5 of this Act. (e) Pending restoration of a license under this Section, the Department may grant an applicant a temporary permit to practice as a practical nurse if the Department is satisfied that the applicant holds an active, unencumbered license in good standing in another jurisdiction. If the applicant holds more than one current active license or one or more active temporary licenses from another jurisdiction, the Department shall not issue a temporary permit until it is satisfied that each current active license held by the applicant is unencumbered. The temporary permit, which shall be issued no later than 14 working days after receipt by the Department of an application for the permit, shall be granted upon the submission of all of the following to the Department: (1) A signed and completed application for | | restoration of licensure under this Section as a licensed practical nurse.
|
| (2) Proof of (i) a current, active license in at
| | least one other jurisdiction and proof that each current, active license or temporary permit held by the applicant is unencumbered or (ii) fitness to practice nursing in this State, as specified by rule.
|
| (3) A signed and completed application for a
| | (4) The required permit fee.
(f) The Department may refuse to issue to an applicant a temporary permit authorized under this Section if, within 14 working days after its receipt of an application for a temporary permit, the Department determines that:
(1) the applicant has been convicted within the last
| | 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
|
| (2) within the last 5 years, the applicant has had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act; or
|
| (3) the Department intends to deny restoration of
| | (g) The Department may revoke a temporary permit issued under this Section if:
(1) the Department determines that the applicant has
| | been convicted within the last 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
|
| (2) within the last 5 years, the applicant had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction and at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act; or
|
| (3) the Department intends to deny restoration of
| | (h) A temporary permit or renewed temporary permit shall expire (i) upon issuance of a valid license under this Act or (ii) upon notification that the Department intends to deny restoration of licensure. Except as otherwise provided in this Section, the temporary permit shall expire 6 months after the date of issuance. Further renewal may be granted by the Department in hardship cases that shall automatically expire upon issuance of a valid license under this Act or upon notification that the Department intends to deny licensure, whichever occurs first. No extensions shall be granted beyond the 6-month period, unless approved by the Secretary. Notification by the Department under this Section must be by certified or registered mail to the address of record or by email to the email address of record.
(Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/55-25 (225 ILCS 65/55-25) (Section scheduled to be repealed on January 1, 2028)
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, 2028)
Sec. 55-30. LPN scope of practice. (a) Practice as a licensed practical nurse means a scope of nursing practice, with or without compensation, under the guidance of a registered professional nurse or an advanced practice registered nurse, or as directed by a physician assistant, physician, dentist, podiatric physician, or other health care professionals as determined by the Department, and includes, but is not limited to, all of the following: (1) Conducting a focused nursing assessment and | | contributing to the ongoing comprehensive nursing assessment of the patient performed by the registered professional nurse.
|
| (2) Collaborating in the development and
| | modification of the registered professional nurse's or advanced practice registered nurse's comprehensive nursing plan of care for all types of patients.
|
| (3) Implementing aspects of the plan of care.
(4) Participating in health teaching and counseling
| | to promote, attain, and maintain the optimum health level of patients.
|
| (5) Serving as an advocate for the patient by
| | communicating and collaborating with other health service personnel.
|
| (6) Participating in the evaluation of patient
| | responses to interventions.
|
| (7) Communicating and collaborating with other
| | health care professionals.
|
| (8) Providing input into the development of policies
| | and procedures to support patient safety.
|
|
(Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/55-35 (225 ILCS 65/55-35) (Section scheduled to be repealed on January 1, 2028)
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. The continuing education rules must allow for a licensee to complete all required hours of continuing education in an online format. 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. 101-655, eff. 3-12-21.) |
225 ILCS 65/Art. 60
(225 ILCS 65/Art. 60 heading)
ARTICLE 60. NURSING LICENSURE - RN
(Article scheduled to be repealed on January 1, 2028)(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, 2028)
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 | | the program and the facilities used, the potential of the program to recruit faculty and students, financial support for the program, and other criteria, as established by rule;
|
| (2) program curriculum that meets all State
| | (2.5) measurement of program effectiveness based on a
| | passage rate of all graduates over the 3 most recent calendar years without reference to first-time test takers;
|
| (3) the administration of the program by a Nurse
| | Administrator and the involvement of a Nurse Administrator in the development of the program;
|
| (4) the occurrence of a site visit prior to
| | (5) beginning December 31, 2022, obtaining and
| | maintaining programmatic accreditation by a national accrediting body for nursing education recognized by the United States Department of Education and approved by the Department.
|
| The Department and Board of Nursing shall be notified within 30 days if the program loses its accreditation. The Department may adopt rules regarding a warning process and reaccreditation.
(b) In order to obtain initial Department approval and to maintain Department approval, a registered professional nursing program must meet all of the following requirements:
(1) The institution responsible for conducting the
| | program and the Nurse Administrator must ensure that individual faculty members are academically and professionally competent.
|
| (2) The program curriculum must contain all
| | applicable requirements established by rule, including both theory and clinical components.
|
| (3) The passage rates of the program's graduating
| | classes on the State-approved licensure exam must be deemed satisfactory by the Department.
|
| (c) Program site visits to an institution conducting or hosting a professional nursing program may be made at the discretion of the Nursing Coordinator or upon recommendation of the Board. Full routine site visits may be conducted by the Department for periodic evaluation. Such 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 an accrediting body recognized by the United States Department of Education and approved by the Department.
(d) Any institution conducting a registered professional nursing program that wishes to discontinue the program must do each of the following:
(1) Notify the Department, in writing, of its intent
| | to discontinue the program.
|
| (2) Continue to meet the requirements of this Act
| | and the rules adopted thereunder until the official date of termination of the program.
|
| (3) Notify the Department of the date on which the
| | last student shall graduate from the program and the program shall terminate.
|
| (4) Assist remaining students in the continuation of
| | their education in the event of program termination prior to the graduation of the program's final student.
|
| (5) Upon the closure of the program, notify the
| | Department, in writing, of the location of student and graduate records' storage.
|
| (e) Out-of-State registered professional nursing 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.
(Source: P.A. 103-533, eff. 1-1-24.)
|
225 ILCS 65/60-10 (225 ILCS 65/60-10) (Text of Section before amendment by P.A. 103-686) (Section scheduled to be repealed on January 1, 2028)
Sec. 60-10. RN licensure by examination. (a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as a registered professional nurse. (b) An applicant for licensure by examination to practice as a registered professional nurse is eligible for licensure when the following requirements are met: (1) the applicant has submitted a completed written | | application, on forms provided by the Department, and fees, as established by the Department;
|
| (2) the applicant has graduated from a professional
| | nursing education program approved by the Department or has been granted a certificate of completion of pre-licensure requirements from another United States jurisdiction;
|
| (3) the applicant has successfully completed a
| | licensure examination approved by the Department;
|
| (4) (blank);
(5) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act;
|
| (6) the applicant has submitted, either to the
| | Department or its designated testing service, a fee covering the cost of providing the examination; failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination fee; and
|
| (7) the applicant has met all other requirements
| | established by the Department by rule.
|
| An applicant for licensure by examination may take the Department-approved examination in another jurisdiction.
(b-3) An applicant who graduates from a professional
nursing program in this State on or after the effective date of
this amendatory Act of the 103rd General Assembly and does not take the licensure examination within 180 days after his or her
degree is conferred by the institution of higher education or fails the licensure examination for a second time shall be required to demonstrate proof of completion of a National Council Licensure Examination preparatory class or a comparable test preparatory program before taking a subsequent licensure examination or the graduate may return to the institution of higher education from which he or she graduated which shall provide remedial educational resources to the graduate at no cost to the graduate. Such an applicant must contact the
institution of higher education from which he or she graduated prior to retesting.
(b-4) All professional nursing programs in probationary status on the effective date of this amendatory Act of the 103rd General Assembly and subject to a program revision plan shall be deemed in good standing for a period of 3 years beginning on the effective date of this amendatory Act of the 103rd General Assembly. Prior to September 1, 2026, no professional nursing program shall be placed on probationary status for failing to reach a passage rate of less than 75%.
(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 within 3 years of the date of initial application, the application shall be denied. When an applicant's application is denied due to the failure to pass the examination within the 3-year period, that applicant must undertake an additional course of education as defined by rule prior to submitting a new application for licensure. Any new application must be accompanied by the required fee, evidence of meeting the requirements in force at the time of the new application, and evidence of completion of the additional course of education prescribed by rule.
(c) An applicant for licensure by examination shall have 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.
(d) An applicant for licensure by examination who passes 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 registered 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:
(1) He or she has completed and passed the
| | Department-approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
|
| (2) He or she has completed and submitted to the
| | Department an application for licensure under this Section as a registered professional nurse.
|
| (3) He or she has submitted the required licensure
| | (4) He or she has met all other requirements
| | established by rule, including having submitted to a criminal history records check.
|
| (e) The privilege to practice as a license-pending registered nurse shall terminate with the occurrence of any of the following:
(1) Three months have passed since the official date
| | of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. The 3-month license pending period may be extended if more time is needed by the Department to process the licensure application.
|
| (2) Receipt of the registered professional nurse
| | license from the Department.
|
| (3) Notification from the Department that the
| | application for licensure has been refused.
|
| (4) A request by the Department that the individual
| | 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.
|
| (f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) All applicants for registered professional nurse 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.
(l) All applicants for registered nurse licensure by examination 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 evidence of English proficiency, as defined by rule.
(m) (Blank).
(Source: P.A. 103-533, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60-10. RN licensure by examination.
(a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as a registered professional nurse.
(b) An applicant for licensure by examination to practice as a registered professional nurse is eligible for licensure when the following requirements are met:
(1) the applicant has submitted a completed written
| | application, on forms provided by the Department, and fees, as established by the Department;
|
| (2) the applicant has graduated from a professional
| | nursing education program approved by the Department or has been granted a certificate of completion of pre-licensure requirements from another United States jurisdiction;
|
| (3) the applicant has successfully completed a
| | licensure examination approved by the Department;
|
| (4) (blank);
(5) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act;
|
| (6) the applicant has submitted, either to the
| | Department or its designated testing service, a fee covering the cost of providing the examination; failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination fee; and
|
| (7) the applicant has met all other requirements
| | established by the Department by rule.
|
| An applicant for licensure by examination may take the Department-approved examination in another jurisdiction.
(b-3) An applicant who graduates from a professional nursing program in this State on or after the effective date of this amendatory Act of the 103rd General Assembly and does not take the licensure examination within 180 days after his or her degree is conferred by the institution of higher education or fails the licensure examination for a second time shall be required to demonstrate proof of completion of a National Council Licensure Examination preparatory class or a comparable test preparatory program before taking a subsequent licensure examination or the graduate may return to the institution of higher education from which he or she graduated which shall provide remedial educational resources to the graduate at no cost to the graduate. Such an applicant must contact the institution of higher education from which he or she graduated prior to retesting.
(b-4) All professional nursing programs in probationary status on the effective date of this amendatory Act of the 103rd General Assembly and subject to a program revision plan shall be deemed in good standing for a period of 3 years beginning on the effective date of this amendatory Act of the 103rd General Assembly. Prior to September 1, 2026, no professional nursing program shall be placed on probationary status for failing to reach a passage rate of less than 75%.
(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 within 3 years of the date of initial application, the application shall be denied. When an applicant's application is denied due to the failure to pass the examination within the 3-year period, that applicant must undertake an additional course of education as defined by rule prior to submitting a new application for licensure. Any new application must be accompanied by the required fee, evidence of meeting the requirements in force at the time of the new application, and evidence of completion of the additional course of education prescribed by rule.
(c) An applicant for licensure by examination shall have 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.
(d) An applicant for licensure by examination who passes 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 registered 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:
(1) He or she has completed and passed the
| | Department-approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.
|
| (2) He or she has completed and submitted to the
| | Department an application for licensure under this Section as a registered professional nurse.
|
| (3) He or she has submitted the required licensure
| | (4) He or she has met all other requirements
| | established by rule, including having submitted to a criminal history records check.
|
| (e) The privilege to practice as a license-pending registered nurse shall terminate with the occurrence of any of the following:
(1) Six months have passed since the official date of
| | passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. The 6-month license-pending period may be extended if more time is needed by the Department to process the licensure application.
|
| (2) Receipt of the registered professional nurse
| | license from the Department.
|
| (3) Notification from the Department that the
| | application for licensure has been refused.
|
| (4) A request by the Department that the individual
| | 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.
|
| (f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) All applicants for registered professional nurse 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.
(l) All applicants for registered nurse licensure by examination 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 evidence of English proficiency, as defined by rule.
(m) (Blank).
(Source: P.A. 103-533, eff. 1-1-24; 103-686, eff. 1-1-25.)
|
225 ILCS 65/60-11 (225 ILCS 65/60-11) (Section scheduled to be repealed on January 1, 2028) Sec. 60-11. RN licensure by endorsement. (a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as a registered professional nurse. (b) An applicant for registered professional nurse licensure by endorsement who is a registered professional nurse licensed by examination under the laws of another United States jurisdiction or a foreign jurisdiction is eligible for licensure when the following requirements are met: (1) the applicant has submitted a completed written | | application, on forms supplied by the Department, and fees as established by the Department;
|
| (2) the applicant has graduated from a registered
| | professional nursing education program approved by the Department;
|
| (2.5) the applicant has successfully completed a
| | licensure examination approved by the Department;
|
| (3) the applicant has been issued a registered
| | professional nurse license by another United States or foreign jurisdiction, which shall be verified, as defined by rule;
|
| (4) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act; and
|
| (5) the applicant has met all other requirements as
| | established by the Department by rule.
|
| (c) Pending the issuance of a license under this Section, the Department may grant an applicant a temporary permit 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 United States 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 permit until the Department 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 temporary permit, shall be granted upon the submission of all of the following to the Department:
(1) a completed application for licensure as a
| | registered professional nurse;
|
| (2) proof of a current, active license in at least
| | one other jurisdiction of the United States and proof that each current active license or temporary license held by the applicant within the last 5 years is unencumbered;
|
| (3) a completed application for a temporary permit;
| | (4) the required temporary permit fee.
(d) The Department may refuse to issue an applicant a temporary permit authorized pursuant to this Section if, within 14 working days after its receipt of an application for a temporary permit, the Department determines that:
(1) the applicant has been convicted of a crime under
| | the laws of a jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession, within the last 5 years;
|
| (2) the applicant has had a license or permit related
| | to the practice of 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
|
| (3) the Department intends to deny licensure by
| | (e) The Department may revoke a temporary permit issued pursuant to this Section if it determines that:
(1) the applicant has been convicted of a 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, within the last 5 years;
|
| (2) within the last 5 years, the applicant has had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds for disciplinary action under this Act; or
|
| (3) the Department intends to deny licensure by
| | (f) A temporary permit issued under this Section shall 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 permit shall automatically expire upon issuance of the Illinois license or upon notification that the Department intends to deny licensure, whichever occurs first.
(g) All applicants for registered professional nurse 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.
(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 education program outside of the United States or its territories and whose first language is not English shall submit evidence of English proficiency, as defined by rule.
(Source: P.A. 100-513, eff. 1-1-18.)
|
225 ILCS 65/60-15 (225 ILCS 65/60-15) (was 225 ILCS 65/10-37) Sec. 60-15. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/60-20 (225 ILCS 65/60-20) (Section scheduled to be repealed on January 1, 2028)
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, 2028)
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 as specified by rule. (c) Any registered professional nurse license issued 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. (d) Any licensee who engages in the practice of 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. (e) Pending restoration of a registered professional 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: (1) A signed and completed application for | | 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
| | 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
| | (4) The required permit fee.
(f) The Department may refuse to issue to an applicant a temporary permit authorized under this Section if, within 14 working days after its receipt of an application for a temporary permit, the Department determines that:
(1) the applicant has been convicted within the last
| | 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
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| (2) within the last 5 years the applicant had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction 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
| | (g) The Department may revoke a temporary permit issued under this Section if:
(1) the Department determines that the applicant has
| | been convicted within the last 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
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| (2) within the last 5 years, the applicant had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, 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
| | (h) A temporary permit or renewed temporary permit shall 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 to the address of record or by email to the email address of record.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/60-30 (225 ILCS 65/60-30) (Section scheduled to be repealed on January 1, 2028)
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, 2028)
Sec. 60-35. RN scope of practice. The RN scope of nursing practice is the protection, promotion, and optimization of health and abilities, the prevention of illness and injury, the development and implementation of the nursing plan of care, the facilitation of nursing interventions to alleviate suffering, care coordination, and advocacy in the care of individuals, families, groups, communities, and populations. Practice as a registered professional nurse means this full scope of nursing, with or without compensation, that incorporates caring for all patients in all settings, through nursing standards of practice and professional performance for coordination of care, and may include, but is not limited to, all of the following: (1) Collecting pertinent data and information | | relative to the patient's health or the situation on an ongoing basis through the comprehensive nursing assessment.
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| (2) Analyzing comprehensive nursing assessment data
| | to determine actual or potential diagnoses, problems, and issues.
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| (3) Identifying expected outcomes for a plan
| | individualized to the patient or the situation that prescribes strategies to attain expected, measurable outcomes.
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| (4) Implementing the identified plan, coordinating
| | care delivery, employing strategies to promote healthy and safe environments, and administering or delegating medication administration according to Section 50-75 of this Act.
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| (5) Evaluating patient progress toward attainment of
| | (6) Delegating nursing interventions to implement
| | (7) Providing health education and counseling.
(7.5) Advocating for the patient.
(8) Practicing ethically according to the American
| | Nurses Association Code of Ethics.
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| (9) Practicing in a manner that recognizes cultural
| | (10) Communicating effectively in all areas of
| | (11) Collaborating with patients and other key
| | stakeholders in the conduct of nursing practice.
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| (12) Participating in continuous professional
| | (13) Teaching the theory and practice of nursing to
| | (14) Leading within the professional practice setting
| | (15) Contributing to quality nursing practice.
(16) Integrating evidence and research findings into
| | (17) Utilizing appropriate resources to plan,
| | provide, and sustain evidence-based nursing services that are safe and effective.
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(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/60-40 (225 ILCS 65/60-40) (Section scheduled to be repealed on January 1, 2028)
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. The continuing education rules must allow for a licensee to complete all required hours of continuing education in an online format. 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. 101-655, eff. 3-12-21.) |
225 ILCS 65/Art. 65
(225 ILCS 65/Art. 65 heading)
ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES
(Article scheduled to be repealed on January 1, 2028)(Source: P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/65-5
(225 ILCS 65/65-5)
(was 225 ILCS 65/15-10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-5. Qualifications for APRN licensure.
(a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as an advanced practice registered nurse. (b) An applicant for licensure to practice as an advanced practice registered nurse is eligible for licensure when the following requirements are met:
(1) the applicant has submitted a completed | | application and any fees as established by the Department;
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(2) the applicant holds a current license to practice
| | as a registered professional nurse under this Act;
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(3) the applicant has successfully completed
| | requirements to practice as, and holds and maintains 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) the applicant has obtained a graduate degree
| | appropriate for national certification in a clinical advanced practice registered nursing specialty or a graduate degree or post-master's certificate from a graduate level program in a clinical advanced practice registered nursing specialty;
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(5) (blank);
(6) the applicant has submitted to the criminal
| | history records check required under Section 50-35 of this Act; and
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| (7) if applicable, the applicant has submitted
| | verification of licensure status in another jurisdiction, as provided by rule.
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| (b-5) A registered professional nurse seeking licensure as an advanced practice registered 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
| | 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
| | nurse anesthetist by an appropriate national certifying body; and
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| (3) has continually maintained active, up-to-date
| | recertification status as a certified registered nurse anesthetist by an appropriate national recertifying body.
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| (b-10) The Department may issue a certified registered nurse anesthetist license to an APRN who (i) does not have a graduate degree, (ii) applies for licensure before July 1, 2028, and (iii) submits all of the following to the Department:
(1) His or her current State registered nurse license
| | (2) Proof of current national certification, which
| | includes the completion of an examination from either of the following:
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| (A) the Council on Certification of the American
| | Association of Nurse Anesthetists; or
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| (B) the Council on Recertification of the
| | American Association of Nurse Anesthetists.
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| (3) Proof of the successful completion of a
| | 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
| | period immediately preceding the date of his or her application.
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| (5) Verification of licensure as an advanced practice
| | registered 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 registered 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
| | 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
| | 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 registered nursing specialty need not possess multiple graduate degrees. Applicants may be eligible for licenses for multiple advanced practice registered nurse licensure specialties, provided that the applicant (i) has met the requirements for at least one advanced practice registered nursing specialty under paragraph (3) of subsection (b) of this Section, (ii) possesses an additional graduate education that results in a certificate for another clinical advanced practice registered 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 registered nursing specialty.
(Source: P.A. 102-558, eff. 8-20-21; 102-786, eff. 1-1-23.)
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225 ILCS 65/65-10 (225 ILCS 65/65-10) (was 225 ILCS 65/15-13) (Text of Section before amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-10. APRN license pending status.
(a) A graduate of an advanced practice registered 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 | | practice registered nurse in Illinois and all fees established by rule.
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(2) Proof of an application to take the national
| | certification examination in the specialty.
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(3) Proof of completion of a graduate advanced
| | practice education program that allows the applicant to be eligible for national certification in a clinical advanced practice registered nursing specialty 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 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. 100-513, eff. 1-1-18.)
(Text of Section after amendment by P.A. 103-686)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-10. APRN license-pending status.
(a) A graduate of an advanced practice registered 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
| | practice registered nurse in Illinois and all fees established by rule.
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| (2) Proof of an application to take the national
| | certification examination in the specialty.
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| (3) Proof of completion of a graduate advanced
| | practice education program that allows the applicant to be eligible for national certification in a clinical advanced practice registered nursing specialty 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 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.
(d) A licensed advanced practice registered nurse certified as a nurse midwife, clinical nurse specialist, or nurse practitioner who files with the Department a notarized attestation of completion of at least 250 hours of continuing education or training in the advanced practice registered nurse's area of certification and at least 4,000 hours of clinical experience after first attaining national certification and thus having met the requirements to be granted full practice authority shall be granted the authority to practice as a full practice authority-pending advanced practice registered nurse under the supervision of a full practice advanced practice registered nurse or a physician for a period of 6 months.
(Source: P.A. 103-686, eff. 1-1-25.)
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225 ILCS 65/65-11 (225 ILCS 65/65-11) (Section scheduled to be repealed on January 1, 2028) Sec. 65-11. Temporary permit for advanced practice registered nurses for health care. (a) The Department may issue a temporary permit to an applicant who is licensed to practice as an advanced practice registered nurse in another state. The temporary permit will authorize the practice of providing health care to patients in this State, with a collaborating physician in this State, if all of the following apply: (1) The Department determines that the applicant's | | services will improve the welfare of Illinois residents and non-residents requiring health care services.
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| (2) The applicant has obtained a graduate degree
| | appropriate for national certification in a clinical advanced practice registered nursing specialty or a graduate degree or post-master's certificate from a graduate level program in a clinical advanced practice registered nursing specialty; the applicant has submitted verification of licensure status in good standing in the applicant's current state or territory of licensure; and the applicant can furnish the Department with a certified letter upon request from that jurisdiction attesting to the fact that the applicant has no pending action or violations against the applicant's license.
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| The Department will not consider an advanced practice
| | registered nurse's license being revoked or otherwise disciplined by any state or territory based solely on the advanced practice registered nurse providing, authorizing, recommending, aiding, assisting, referring for, or otherwise participating in any health care service that is unlawful or prohibited in that state or territory, if the provision of, authorization of, or participation in that health care, medical service, or procedure related to any health care service is not unlawful or prohibited in this State.
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| (3) The applicant has sufficient training and
| | possesses the appropriate core competencies to provide health care services, and is physically, mentally, and professionally capable of practicing as an advanced practice registered nurse with reasonable judgment, skill, and safety and in accordance with applicable standards of care.
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| (4) The applicant has met the written collaborative
| | agreement requirements under Section 65-35.
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| (5) The applicant will be working pursuant to an
| | agreement with a sponsoring licensed hospital, medical office, clinic, or other medical facility providing health care services. Such agreement shall be executed by an authorized representative of the licensed hospital, medical office, clinic, or other medical facility, certifying that the advanced practice registered nurse holds an active license and is in good standing in the state in which they are licensed. If an applicant for a temporary permit has been previously disciplined by another jurisdiction, except as described in paragraph (2) of subsection (a), further review may be conducted pursuant to the Civil Administrative Code of Illinois and this Act. The application shall include the advanced practice registered nurse's name, contact information, state of licensure, and license number.
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| (6) Payment of a $75 fee.
The sponsoring licensed hospital, medical office, clinic, or other medical facility engaged in the agreement with the applicant shall notify the Department should the applicant at any point leave or become separate from the sponsor.
The Department may adopt rules to carry out this Section.
(b) A temporary permit under this Section shall expire 2 years after the date of issuance. The temporary permit may be renewed for a $45 fee for an additional 2 years. A holder of a temporary permit may only renew one time.
(c) The temporary permit shall only permit the holder to practice as an advanced practice registered nurse with a collaborating physician who provides health care services at the location or locations specified on the permit or via telehealth.
(d) An application for the temporary permit shall be made to the Department, in writing, on forms prescribed by the Department, and shall be accompanied by a non-refundable fee of $75. The Department shall grant or deny an applicant a temporary permit within 60 days of receipt of a completed application. The Department shall notify the applicant of any deficiencies in the applicant's application materials requiring corrections in a timely manner.
(e) An applicant for temporary permit may be requested to appear before the Board to respond to questions concerning the applicant's qualifications to receive the permit. An applicant's refusal to appear before the Board of Nursing may be grounds for denial of the application by the Department.
(f) The Secretary may summarily cancel any temporary permit issued pursuant to this Section, without a hearing, if the Secretary finds that evidence in his or her possession indicates that a permit holder's continuation in practice would constitute an imminent danger to the public or violate any provision of this Act or its rules.
If the Secretary summarily cancels a temporary permit issued pursuant to this Section or Act, the permit holder may petition the Department for a hearing in accordance with the provisions of Section 70-125 to restore his or her permit, unless the permit holder has exceeded his or her renewal limit.
(g) In addition to terminating any temporary permit issued pursuant to this Section or Act, the Department may issue a monetary penalty not to exceed $10,000 upon the temporary permit holder and may notify any state in which the temporary permit holder has been issued a permit that his or her Illinois permit has been terminated and the reasons for the termination. The monetary penalty shall be paid within 60 days after the effective date of the order imposing the 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. It is the intent of the General Assembly that a permit issued pursuant to this Section shall be considered a privilege and not a property right.
(h) While working in Illinois, all temporary permit holders are subject to all statutory and regulatory requirements of this Act in the same manner as a licensee. Failure to adhere to all statutory and regulatory requirements may result in revocation or other discipline of the temporary permit.
(i) If the Department becomes aware of a violation occurring at the facility licensed by the Department of Public Health, the Department shall notify the Department of Public Health.
(j) The Department may adopt emergency rules pursuant to this Section. The General Assembly finds that the adoption of rules to implement a temporary permit for health care services is deemed an emergency and necessary for the public interest, safety, and welfare.
(Source: P.A. 102-1117, eff. 1-13-23; 103-462, eff. 8-4-23.)
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225 ILCS 65/65-11.5 (225 ILCS 65/65-11.5) (Section scheduled to be repealed on January 1, 2028) Sec. 65-11.5. Temporary permit for full practice advanced practice registered nurses for health care. (a) The Department may issue a full practice advanced practice registered nurse temporary permit to an applicant who is licensed to practice as an advanced practice registered nurse in another state. The temporary permit will authorize the practice of providing health care to patients in this State if all of the following apply: (1) The Department determines that the applicant's | | services will improve the welfare of Illinois residents and non-residents requiring health care services.
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| (2) The applicant has obtained a graduate degree
| | appropriate for national certification in a clinical advanced practice registered nursing specialty or a graduate degree or post-master's certificate from a graduate level program in a clinical advanced practice registered nursing specialty; the applicant is certified as a nurse practitioner, nurse midwife, or clinical nurse specialist; the applicant has submitted verification of licensure status in good standing in the applicant's current state or territory of licensure; and the applicant can furnish the Department with a certified letter upon request from that jurisdiction attesting to the fact that the applicant has no pending action or violations against the applicant's license.
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| The Department shall not consider an advanced
| | practice registered nurse's license being revoked or otherwise disciplined by any state or territory for the provision of, authorization of, or participation in any health care, medical service, or procedure related to an abortion on the basis that such health care, medical service, or procedure related to an abortion is unlawful or prohibited in that state or territory, if the provision of, authorization of, or participation in that health care, medical service, or procedure related to an abortion is not unlawful or prohibited in this State.
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| (3) The applicant has sufficient training and
| | possesses the appropriate core competencies to provide health care services, and is physically, mentally, and professionally capable of practicing as an advanced practice registered nurse with reasonable judgment, skill, and safety and in accordance with applicable standards of care.
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| (4) The applicant will be working pursuant to an
| | agreement with a sponsoring licensed hospital, medical office, clinic, or other medical facility providing health care services. Such agreement shall be executed by an authorized representative of the licensed hospital, medical office, clinic, or other medical facility, certifying that the advanced practice registered nurse holds an active license and is in good standing in the state in which they are licensed. If an applicant for a temporary permit has been previously disciplined by another jurisdiction, except as described in paragraph (2) of subsection (a), further review may be conducted pursuant to the Civil Administrative Code of Illinois and this Act. The application shall include the advanced practice registered nurse's name, contact information, state of licensure, and license number.
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| (5) Payment of a $75 fee.
The sponsoring licensed hospital, medical office, clinic, or other medical facility engaged in the agreement with the applicant shall notify the Department should the applicant at any point leave or become separate from the sponsor.
The Department may adopt rules to carry out this Section.
(b) A temporary permit under this Section shall expire 2 years after the date of issuance. The temporary permit may be renewed for a $45 fee for an additional 2 years. A holder of a temporary permit may only renew one time.
(c) The temporary permit shall only permit the holder to practice as a full practice advanced practice registered nurse within the scope of providing health care services at the location or locations specified on the permit or via telehealth service.
(d) An application for the temporary permit shall be made to the Department, in writing, on forms prescribed by the Department, and shall be accompanied by a non-refundable fee of $75.
(e) An applicant for temporary permit may be requested to appear before the Board to respond to questions concerning the applicant's qualifications to receive the permit. An applicant's refusal to appear before the Board of Nursing may be grounds for denial of the application by the Department.
(f) The Secretary may summarily cancel any temporary permit issued pursuant to this Section, without a hearing, if the Secretary finds that evidence in his or her possession indicates that a permit holder's continuation in practice would constitute an imminent danger to the public or violate any provision of this Act or its rules.
If the Secretary summarily cancels a temporary permit issued pursuant to this Section or Act, the permit holder may petition the Department for a hearing in accordance with the provisions of Section 70-125 of this Act to restore his or her permit, unless the permit holder has exceeded his or her renewal limit.
(g) In addition to terminating any temporary permit issued pursuant to this Section or Act, the Department may issue a monetary penalty not to exceed $10,000 upon the temporary permit holder and may notify any state in which the temporary permit holder has been issued a permit that his or her Illinois permit has been terminated and the reasons for the termination. The monetary penalty shall be paid within 60 days after the effective date of the order imposing the 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. It is the intent of the General Assembly that a permit issued pursuant to this Section shall be considered a privilege and not a property right.
(h) While working in Illinois, all temporary permit holders are subject to all statutory and regulatory requirements of this Act in the same manner as a licensee. Failure to adhere to all statutory and regulatory requirements may result in revocation or other discipline of the temporary permit.
(i) If the Department becomes aware of a violation occurring at the facility licensed by the Department of Public Health, the Department shall notify the Department of Public Health.
(j) The Department may adopt emergency rules pursuant to this Section. The General Assembly finds that the adoption of rules to implement a temporary permit for health care services is deemed an emergency and necessary for the public interest, safety, and welfare.
(Source: P.A. 102-1117, eff. 1-13-23; 103-462, eff. 8-4-23.)
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225 ILCS 65/65-15
(225 ILCS 65/65-15) (Section scheduled to be repealed on January 1, 2028)
Sec. 65-15. Expiration of APRN license; renewal. (a) The expiration date and renewal period for each advanced practice registered 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. (b) On and after May 30, 2020, except as provided in subsections (c) and (d) of this Section, each advanced practice registered nurse is required to show proof of continued, current national certification in the specialty.
(c) An advanced practice registered nurse who does not meet the educational requirements necessary to obtain national certification but has continuously held an unencumbered license under this Act since 2001 shall not be required to show proof of national certification in the specialty to renew his or her advanced practice registered nurse license. (d) The Department may renew the license of an advanced practice registered nurse who applies for renewal of his or her license on or before May 30, 2016 and is unable to provide proof of continued, current national certification in the specialty but complies with all other renewal requirements. (e) Any advanced practice registered nurse license renewed on and after May 31, 2016 based on the changes made to this Section by this amendatory Act of the 99th General Assembly shall be retroactive to the expiration date.(Source: P.A. 99-505, eff. 5-27-16; 100-513, eff. 1-1-18.) |
225 ILCS 65/65-20 (225 ILCS 65/65-20) (Section scheduled to be repealed on January 1, 2028)
Sec. 65-20. Restoration of APRN license; temporary permit. (a) Any license 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 as specified by rule. (c) Any advanced practice registered nurse license issued 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. (d) Any licensee who engages in the practice of advanced practice registered nursing with a lapsed license or while on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under Section 70-5 of this Act. (e) Pending restoration of an advanced practice registered nurse license under this Section, the Department may grant an applicant a temporary permit to practice as an advanced practice registered nurse if the Department is satisfied that the applicant holds an active, unencumbered license in good standing in another jurisdiction. If the applicant holds more than one current, active license or one or more active temporary licenses from another jurisdiction, the Department shall not issue a temporary permit until it is satisfied that each current active license held by the applicant is unencumbered. The temporary permit, which shall be issued no later than 14 working days after receipt by the Department of an application for the permit, shall be granted upon the submission of all of the following to the Department: (1) A signed and completed application for | | restoration of licensure under this Section as an advanced practice registered nurse.
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| (2) Proof of (i) a current, active license in at
| | least one other jurisdiction and proof that each current, active license or temporary permit held by the applicant is unencumbered or (ii) fitness to practice nursing in Illinois, as specified by rule.
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| (3) A signed and completed application for a
| | (4) The required permit fee.
(5) Other proof as established by rule.
(f) The Department may refuse to issue to an applicant a temporary permit authorized under this Section if, within 14 working days after its receipt of an application for a temporary permit, the Department determines that:
(1) the applicant has been convicted within the last
| | 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
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| (2) within the last 5 years, the applicant had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction 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
| | (g) The Department may revoke a temporary permit issued under this Section if:
(1) the Department determines that the applicant has
| | been convicted within the last 5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;
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| (2) within the last 5 years, the applicant had a
| | license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, 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
| | (h) A temporary permit or renewed temporary permit shall 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 to the address of record or by email to the email address of record.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/65-25 (225 ILCS 65/65-25) (Section scheduled to be repealed on January 1, 2028)
Sec. 65-25. Inactive status of a APRN license. Any advanced practice registered 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 advanced practice registered 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 advanced practice registered nurse whose license is on inactive status shall not practice advanced practice registered nursing, as defined by this Act in the State of Illinois.
(Source: P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/65-30 (225 ILCS 65/65-30) (Section scheduled to be repealed on January 1, 2028)
Sec. 65-30. APRN scope of practice.
(a) Advanced practice registered nursing by certified nurse practitioners, certified nurse anesthetists, certified nurse midwives, or clinical nurse specialists is based on knowledge and skills acquired throughout an advanced practice registered nurse's nursing education, training, and experience. (b) Practice as an advanced practice registered nurse means a scope of nursing practice, with or without compensation, and includes the registered nurse scope of practice. (c) The scope of practice of an advanced practice registered nurse includes, but is not limited to, each of the following: (1) Advanced nursing patient assessment and diagnosis. (2) Ordering diagnostic and therapeutic tests and | | 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 registered nurse or another health care professional.
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| (3) Ordering treatments, ordering or applying
| | 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,
| | health education, and patient advocacy.
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| (6) Prescriptive authority as defined in Section
| | (7) Delegating selected nursing interventions to a
| | licensed practical nurse, a registered professional nurse, or other personnel.
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|
(Source: P.A. 100-513, eff. 1-1-18.)
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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, 2028)
Sec. 65-35. Written collaborative
agreements. (a) A written collaborative agreement is required for all advanced practice registered nurses engaged in clinical practice prior to meeting the requirements of Section 65-43, except for advanced practice registered nurses who are privileged to practice in a hospital, hospital affiliate, or ambulatory surgical treatment center. (a-5) If an advanced practice registered nurse engages in clinical practice outside of a hospital, hospital affiliate, or ambulatory surgical treatment center in which he or she is privileged to practice, the advanced practice registered nurse must have a written collaborative agreement, except as set forth in Section 65-43.
(b) A written collaborative
agreement shall describe the relationship of the
advanced practice registered nurse with the collaborating
physician and shall describe the categories of
care, treatment, or procedures to be provided by the advanced
practice registered nurse. A collaborative agreement with a podiatric physician must be in accordance with subsection (c-5) or (c-15) of this Section. A collaborative agreement with a dentist must be in accordance with subsection (c-10) of this Section. A collaborative agreement with a podiatric physician must be in accordance with subsection (c-5) of this Section. Collaboration does not require an
employment relationship between the collaborating physician
and the advanced practice registered nurse.
The collaborative
relationship under an agreement shall not be
construed to require the personal presence of a collaborating physician at the place where services are rendered.
Methods of communication shall
be available for consultation with the collaborating
physician in person or by telecommunications or electronic communications as set forth in the written
agreement.
(b-5) Absent an employment relationship, a written collaborative agreement may not (1) restrict the categories of patients of an advanced practice registered nurse within the scope of the advanced practice registered nurses training and experience, (2) limit third party payors or government health programs, such as the medical assistance program or Medicare with which the advanced practice registered nurse contracts, or (3) limit the geographic area or practice location of the advanced practice registered nurse in this State. (c)
In the case of anesthesia services provided by a certified registered nurse anesthetist, an anesthesiologist, a physician, a dentist, or a podiatric physician 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.
(c-5) A certified registered nurse anesthetist, who 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 podiatric physician 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 podiatric physician 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 podiatric physician. (c-10) A certified registered nurse anesthetist who 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. (c-15) An advanced practice registered nurse who had a written collaborative agreement with a podiatric physician immediately before the effective date of Public Act 100-513 may continue in that collaborative relationship or enter into a new written collaborative relationship with a podiatric physician under the requirements of this Section and Section 65-40, as those Sections existed immediately before the amendment of those Sections by Public Act 100-513 with regard to a written collaborative agreement between an advanced practice registered nurse and a podiatric physician. (d) A copy of the signed, written collaborative agreement must be available
to the Department upon request from both the advanced practice registered nurse
and the collaborating physician, dentist, or podiatric physician. (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 in accordance with Section 54.2 of the Medical Practice Act of 1987. Nothing in this Act shall be construed to limit the method of delegation that may be authorized by any means, including, but not limited to, oral, written, electronic, standing orders, protocols, guidelines, or verbal orders. (e-5) Nothing in this Act shall be construed to authorize an advanced practice registered nurse to provide health care services required by law or rule to be performed by a physician. The scope of practice of an advanced practice registered nurse does not include operative surgery. Nothing in this Section shall be construed to preclude an advanced practice registered nurse from assisting in surgery. (f) An advanced
practice registered nurse shall inform each collaborating physician, dentist, or podiatric physician of all collaborative
agreements he or she
has signed and provide a copy of these to any collaborating physician, dentist, or podiatric physician upon
request.
(g) (Blank).(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18; 100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
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225 ILCS 65/65-35.1 (225 ILCS 65/65-35.1) (Section scheduled to be repealed on January 1, 2028) Sec. 65-35.1. Written collaborative agreement; temporary practice. Any advanced practice registered nurse required to enter into a written collaborative agreement with a collaborating physician is authorized to continue to practice for up to 90 days after the termination of a collaborative agreement provided the advanced practice registered nurse seeks any needed collaboration at a local hospital and refers patients who require services beyond the training and experience of the advanced practice registered nurse to a physician or other health care provider.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) |
225 ILCS 65/65-40
(225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-40. Written collaborative agreement; prescriptive authority.
(a) A collaborating
physician may, but is not required to, delegate
prescriptive authority to an advanced practice registered
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 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 registered
nurse must obtain a mid-level practitioner controlled substance license.
Medication orders shall be
reviewed
periodically by the collaborating physician.
(c) The collaborating physician shall file with the
Department and the Prescription Monitoring Program 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 registered 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 registered nurse to prescribe any Schedule II controlled substances, if all of the following conditions apply: (1) Specific Schedule II controlled substances by | | oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated.
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| (2) Any delegation must be controlled substances that
| | the collaborating physician prescribes.
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| (3) Any prescription must be limited to no more than
| | a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician.
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| (4) The advanced practice registered nurse must
| | discuss the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician.
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| (5) The advanced practice registered nurse meets the
| | education requirements of Section 303.05 of the Illinois Controlled Substances Act.
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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. Nothing in this Act shall be construed to limit the method of delegation that may be authorized by any means, including, but not limited to, oral, written, electronic, standing orders, protocols, guidelines, or verbal orders.
(f) Nothing in this Section shall be construed to apply to any medication authority including Schedule II controlled substances of an advanced practice registered nurse for care provided in a hospital, hospital affiliate, or ambulatory surgical treatment center pursuant to Section 65-45.
(g) (Blank).
(h) Nothing in this Section shall be construed to prohibit generic substitution.
(i) Nothing in this Section shall be construed to apply to an advanced practice registered nurse who meets the requirements of Section 65-43.
(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19.)
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225 ILCS 65/65-43 (225 ILCS 65/65-43) (Section scheduled to be repealed on January 1, 2028) Sec. 65-43. Full practice authority. (a) An Illinois-licensed advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist shall be deemed by law to possess the ability to practice without a written collaborative agreement as set forth in this Section. (b) An advanced practice registered nurse certified as a nurse midwife, clinical nurse specialist, or nurse practitioner who files with the Department a notarized attestation of completion of at least 250 hours of continuing education or training and at least 4,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement. Documentation of successful completion shall be provided to the Department upon request. Continuing education or training hours required by subsection (b) shall be in the advanced practice registered nurse's area of certification as set forth by Department rule. The clinical experience must be in the advanced practice registered nurse's area of certification. The clinical experience shall be in collaboration with a physician or physicians. Completion of the clinical experience must be attested to by the collaborating physician or physicians or employer and the advanced practice registered nurse. If the collaborating physician or physicians or employer is unable to attest to the completion of the clinical experience, the Department may accept other evidence of clinical experience as established by rule. (c) The scope of practice of an advanced practice registered nurse with full practice authority includes: (1) all matters included in subsection (c) of Section | | (2) practicing without a written collaborative
| | agreement in all practice settings consistent with national certification;
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| (3) authority to prescribe both legend drugs and
| | Schedule II through V controlled substances; this authority includes prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, and controlled substances categorized as any Schedule II 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;
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| (4) prescribing Schedule II narcotic drugs, such as
| | opioids, only in a consultation relationship with a physician; this consultation relationship shall be recorded in the Prescription Monitoring Program website, pursuant to Section 316 of the Illinois Controlled Substances Act, by the physician and advanced practice registered nurse with full practice authority and is not required to be filed with the Department; the specific Schedule II narcotic drug must be identified by either brand name or generic name; the specific Schedule II narcotic drug, such as an opioid, may be administered by oral dosage or topical or transdermal application; delivery by injection or other route of administration is not permitted; at least monthly, the advanced practice registered nurse and the physician must discuss the condition of any patients for whom an opioid is prescribed; nothing in this subsection shall be construed to require a prescription by an advanced practice registered nurse with full practice authority to require a physician name;
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| (4.5) prescribing up to a 120-day supply of
| | benzodiazepines without a consultation relationship with a physician; thereafter, continued prescription of benzodiazepines shall require a consultation with a physician; nothing in this subsection shall be construed to require a prescription by an advanced practice registered nurse with full practice authority to require a physician name;
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| (5) authority to obtain an Illinois controlled
| | substance license and a federal Drug Enforcement Administration number; and
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| (6) use of only local anesthetic.
The scope of practice of an advanced practice registered nurse does not include operative surgery. Nothing in this Section shall be construed to preclude an advanced practice registered nurse from assisting in surgery.
(d) The Department may adopt rules necessary to administer this Section, including, but not limited to, requiring the completion of forms and the payment of fees.
(e) Nothing in this Act shall be construed to authorize an advanced practice registered nurse with full practice authority to provide health care services required by law or rule to be performed by a physician.
(Source: P.A. 102-75, eff. 1-1-22; 103-60, eff. 1-1-24.)
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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, 2028)
Sec. 65-45. Advanced practice registered nursing in hospitals, hospital affiliates, or ambulatory surgical treatment centers.
(a) An advanced practice registered nurse may provide
services in a hospital or a hospital affiliate as those terms are defined in the Hospital Licensing Act or the University of Illinois Hospital Act or a licensed ambulatory surgical
treatment center without a written collaborative agreement pursuant to Section 65-35 of this Act. An advanced practice registered 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 all advanced practice registered nurses granted clinical privileges, including any care provided in a hospital affiliate. Authority may also be granted when recommended by the hospital medical staff and granted by the hospital or recommended by the consulting medical staff committee and ambulatory surgical treatment center to individual advanced practice registered nurses to select, order, and administer medications, including controlled substances, to provide delineated care. In a hospital, hospital affiliate, or ambulatory surgical treatment center, the attending physician shall determine an advanced practice registered 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-2) An advanced practice registered nurse privileged to order medications, including controlled substances, may complete discharge prescriptions provided the prescription is in the name of the advanced practice registered nurse and the attending or discharging physician. (a-3) Advanced practice registered nurses practicing in a hospital or an ambulatory surgical treatment center are not required to obtain a mid-level controlled substance license to order controlled substances under Section 303.05 of the Illinois Controlled Substances Act. (a-4) An advanced practice registered nurse meeting the requirements of Section 65-43 may be privileged to complete discharge orders and prescriptions under the advanced practice registered nurse's name. (a-5) For
anesthesia services provided by a certified registered nurse anesthetist, an anesthesiologist,
physician, dentist,
or podiatric physician 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 registered 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. Nothing in this Act shall be construed to require an advanced practice registered nurse to have a collaborative agreement to practice in a hospital, hospital affiliate, or ambulatory surgical treatment center.
(c) Advanced practice registered nurses certified as nurse practitioners, nurse midwives, or clinical nurse specialists practicing in a hospital affiliate may be, but are not required to be, privileged to prescribe Schedule II through V controlled substances when such authority is recommended by the appropriate physician committee of the hospital affiliate and granted by the hospital affiliate. 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 Schedule II 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. To prescribe controlled substances under this subsection (c), an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist must obtain a controlled substance license. Medication orders shall be reviewed periodically by the appropriate hospital affiliate physicians committee or its physician designee. The hospital affiliate shall file with the Department notice of a grant of prescriptive authority consistent with this subsection (c) and termination of such a grant of authority, in accordance with rules of the Department. Upon receipt of this notice of grant of authority to prescribe any Schedule II through V controlled substances, the licensed advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist may register for a mid-level practitioner controlled substance license under Section 303.05 of the Illinois Controlled Substances Act. In addition, a hospital affiliate may, but is not required to, privilege an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist to prescribe any Schedule II controlled substances, if all of the following conditions apply: (1) specific Schedule II controlled substances by | | oral dosage or topical or transdermal application may be designated, provided that the designated Schedule II controlled substances are routinely prescribed by advanced practice registered nurses in their area of certification; the privileging documents must identify the specific Schedule II controlled substances by either brand name or generic name; privileges to prescribe or dispense Schedule II controlled substances to be delivered by injection or other route of administration may not be granted;
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| (2) any privileges must be controlled substances
| | limited to the practice of the advanced practice registered nurse;
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| (3) any prescription must be limited to no more than
| | (4) the advanced practice registered nurse must
| | discuss the condition of any patients for whom a controlled substance is prescribed monthly with the appropriate physician committee of the hospital affiliate or its physician designee; and
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| (5) the advanced practice registered nurse must meet
| | the education requirements of Section 303.05 of the Illinois Controlled Substances Act.
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| (d) An advanced practice registered nurse meeting the requirements of Section 65-43 may be privileged to prescribe controlled substances categorized as Schedule II through V in accordance with Section 65-43.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
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225 ILCS 65/65-50
(225 ILCS 65/65-50)
(was 225 ILCS 65/15-30)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-50. APRN 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 registered nurse, including,
but not limited to, using the titles or initials "Advanced Practice Registered Nurse", "Advanced
Practice Registered Nurse", "Certified Nurse Midwife", "Certified Nurse Practitioner",
"Certified Registered Nurse Anesthetist", "Clinical Nurse Specialist", "A.P.R.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 registered
nurse without meeting the requirements of this
Act. For purposes of this provision, the terms "advanced practice nurse" and "A.P.N." are considered to be similar titles or initials protected by this subsection (a). No advanced practice registered nurse licensed under this Act may use the title "doctor" or "physician" in paid or approved advertising. Any advertising must contain the appropriate advanced practice registered nurse credentials.
(b) No advanced practice registered nurse shall indicate to other persons that he or she is qualified to engage in the practice of medicine.
(c) An advanced practice registered nurse shall verbally
identify himself or herself as an advanced practice registered
nurse, including specialty certification, to each
patient. If an advanced practice registered nurse has a doctorate degree, when identifying himself or herself as "doctor" in a clinical setting, the advanced practice registered nurse must clearly state that his or her educational preparation is not in medicine and that he or she is not a medical doctor or physician.
(d) Nothing in this Act shall be construed to relieve
an advanced practice registered nurse of the
professional or legal responsibility for the care and
treatment of persons attended by him or her.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/65-55
(225 ILCS 65/65-55)
(was 225 ILCS 65/15-40)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-55. Advertising as an APRN.
(a) A person licensed under this Act as an advanced practice registered 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 | | hours, address, and telephone number;
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(2) information pertaining to the person's areas of
| | specialization, including, but not limited to, appropriate national certification or limitation of professional practice;
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(3) publication of the person's collaborating
| | physician's or dentist's name, title, if such is required, and areas of specialization;
|
|
(4) information on usual and customary fees for
| | 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,
| | absence from, or return to business;
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|
(6) announcement of additions to or deletions from
| | professional licensed staff; and
|
|
(7) the issuance of business or appointment cards.
(b) It is unlawful for a person licensed under this Act to use 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. 100-513, eff. 1-1-18.)
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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, 2028)
Sec. 65-60. Continuing education. The Department shall
adopt rules of continuing education for persons licensed
under this Article as advanced practice registered nurses that require 80 hours of
continuing education per 2-year license renewal cycle. Completion of the 80 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 80 hours of continuing education required under this Section shall be completed as follows: (1) A minimum of 50 hours of the continuing education | | shall be obtained in continuing education programs as determined by rule that shall include no less than 20 hours of pharmacotherapeutics, including 10 hours of opioid prescribing or substance abuse education. Continuing education programs may be conducted or endorsed by educational institutions, hospitals, specialist associations, facilities, or other organizations approved to offer continuing education under this Act or rules and shall be in the advanced practice registered nurse's specialty.
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| (2) A maximum of 30 hours of credit may be obtained
| | by presentations in the advanced practice registered nurse's clinical specialty, evidence-based practice, or quality improvement projects, publications, research projects, or preceptor hours as determined by rule.
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| The rules adopted regarding continuing education shall be consistent to the extent possible with requirements of relevant national certifying bodies or State or national professional associations.
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. 100-513, eff. 1-1-18.)
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225 ILCS 65/65-65
(225 ILCS 65/65-65)
(was 225 ILCS 65/15-55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-65. Reports relating to APRN professional conduct and
capacity. (a) Entities Required to Report.
(1) Health Care Institutions. The chief | | 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 registered 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 have a mental or physical disability that may endanger patients under that person's care. The chief administrator or officer shall also report if an advanced practice registered 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 have a mental or physical disability that may endanger patients under that person's care. The Department 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 Department. 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 registered 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. Such health care institution shall not take any adverse action, including, but not limited to, restricting or terminating any person's clinical privileges, as a result of an adverse action against a person's license or clinical privileges or other disciplinary action by another state or health care institution that resulted from the person's provision of, authorization of, recommendation of, aiding or assistance with, referral for, or participation in any health care service if the adverse action was based solely on a violation of the other state's law prohibiting the provision of such health care and related services in the state or for a resident of the state if that health care service would not have been unlawful under the laws of this State and is consistent with the standards of conduct for advanced practice registered nurses practicing in Illinois.
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(2) Professional Associations. The President or
| | 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 have a mental or physical disability that may endanger patients under the person's care.
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(3) Professional Liability Insurers. Every 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. Such insurance company shall not take any adverse action, including, but not limited to, denial or revocation of coverage, or rate increases, against a person licensed under this Act with respect to coverage for services provided in Illinois if based solely on the person providing, authorizing, recommending, aiding, assisting, referring for, or otherwise participating in health care services this State in violation of another state's law, or a revocation or other adverse action against the person's license in another state for violation of such law if that health care service as provided would have been lawful and consistent with the standards of conduct for registered nurses and advanced practice registered nurses if it occurred in Illinois. Notwithstanding this provision, it is against public policy to require coverage for an illegal action.
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(4) State's Attorneys. The State's Attorney of each
| | 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,
| | 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 have a mental or physical disability 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
| | person making the report.
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(2) The name, address, and telephone number of the
| | person who is the subject of the report.
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(3) The name or other means of identification of any
| | 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
| | 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
| | 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
| | 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 willful 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 registered 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 willful 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 willful
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 willful 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 or registered mail or by email to the email address of record 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) (Blank).
(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 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.
(i) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
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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, 2028)(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, 2028)
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 | |
(2) Material violations of any provision of this Act
| | 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,
| | 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
| | demonstrates incapacity or incompetency to practice under this Act.
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(5) Knowingly aiding or assisting another person in
| | violating any provision of this Act or rules.
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(6) Failing, within 90 days, to provide a response to
| | a request for information in response to a written request made by the Department by certified or registered mail or by email to the email address of record.
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(7) Engaging in dishonorable, unethical, or
| | 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, or
| | manufacturing of any drug, narcotic, or prescription device.
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(9) Habitual or excessive use or addiction to
| | 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
| | 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 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
| | 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 willfully
| | impeding the filing or recording or inducing another person to omit to file or record medical reports as required by law.
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| (13.5) 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,
| | professional, or advanced practice registered nursing.
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(15) Holding oneself out to be practicing nursing
| | under any name other than one's own.
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(16) Failure of a licensee to report to the
| | 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
| | Department surrender by the licensee of a license or authorization to practice nursing or advanced practice registered 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 registered 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
| | in response to a written request made by the Department.
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| (19) Failure to establish and maintain records of
| | patient care and treatment as required by law.
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| (20) Fraud, deceit, or misrepresentation in applying
| | 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
| | the licensee's license to deceive the public.
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(22) Willfully making or filing false records or
| | 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
| | examination administered under this Act.
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(24) Immoral conduct in the commission of an act,
| | 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
| | confidentiality between nurse and patient except as required by law.
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(26) Practicing under a false or assumed name, except
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(27) The use of any false, fraudulent, or deceptive
| | statement in any document connected with the licensee's practice.
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(28) Directly or indirectly giving to or receiving
| | 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. Nothing in this paragraph (28) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (28) shall be construed to require an employment arrangement to receive professional fees for services rendered.
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(29) A violation of the Health Care Worker
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(30) Physical illness, 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
| | agreement or the prescriptive authority delegated to a licensee by his or her collaborating physician or podiatric physician in guidelines established under a written collaborative agreement.
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| (32) Making a false or misleading statement
| | 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,
| | 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,
| | 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
| | regulations relating to controlled substances.
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| (36) Willfully or negligently violating the
| | confidentiality between an advanced practice registered nurse, collaborating physician, dentist, or podiatric physician and a patient, except as required by law.
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| (37) Willfully failing to report an instance of
| | suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.
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| (38) Being named as an abuser in a verified report
| | by the Department on Aging and under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
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| (39) A violation of any provision of this Act or any
| | rules adopted under this Act.
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| (40) Violating the Compassionate Use of Medical
| | (b-5) The Department shall not revoke, suspend, summarily suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act to practice as a registered nurse or an advanced practice registered nurse based solely upon the registered nurse or advanced practice registered nurse providing, authorizing, recommending, aiding, assisting, referring for, or otherwise participating in any health care service, so long as the care was not unlawful under the laws of this State, regardless of whether the patient was a resident of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act to practice as a registered nurse or an advanced practice registered nurse based upon the registered nurse's or advanced practice registered nurse's license being revoked or suspended, or the registered nurse or advanced practice registered nurse being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely on the registered nurse or advanced practice registered nurse violating another state's laws prohibiting the provision of, authorization of, recommendation of, aiding or assisting in, referring for, or participation in any health care service if that health care service as provided would not have been unlawful under the laws of this State and is consistent with the standards of conduct for the registered nurse or advanced practice registered nurse practicing in Illinois.
(b-15) The conduct specified in subsections (b-5) and (b-10) shall not trigger reporting requirements under Section 65-65 or constitute grounds for suspension under Section 70-60.
(b-20) An applicant seeking licensure, certification, or authorization under this Act who has been subject to disciplinary action by a duly authorized professional disciplinary agency of another jurisdiction solely on the basis of having provided, authorized, recommended, aided, assisted, referred for, or otherwise participated in health care shall not be denied such licensure, certification, or authorization, unless the Department determines that such action would have constituted professional misconduct in this State; however, nothing in this Section shall be construed as prohibiting the Department from evaluating the conduct of such applicant and making a determination regarding the licensure, certification, or authorization to practice a profession under this Act.
(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,
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 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 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 automatic substance abuse assessment. Failure to submit to an assessment by a licensed physician who is certified as an addictionist or an advanced practice registered nurse with specialty certification in addictions may be grounds for an automatic suspension, as defined by rule.
If the Department finds an individual unable to practice or unfit for duty because
of
the
reasons
set forth in this subsection (e), the Department may require that individual
to submit
to
a substance abuse evaluation or treatment by individuals or programs
approved
or designated by the Department, as a condition, term, or restriction
for continued, restored, 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, restored, 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 subsection (e), 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 subsection (e) 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.
(f) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21; 102-1117, eff. 1-13-23.)
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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, 2028)
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) (Blank).
(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 rule of this State relating to freedom of
information or public disclosure of records.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-15 (225 ILCS 65/70-15) (Section scheduled to be repealed on January 1, 2028)
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, 2028) Sec. 70-20. Suspension of license 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 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. 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. 100-513, eff. 1-1-18.) |
225 ILCS 65/70-25
(225 ILCS 65/70-25)
(was 225 ILCS 65/20-25)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-30
(225 ILCS 65/70-30)
(was 225 ILCS 65/20-30)
Sec. 70-30. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-35
(225 ILCS 65/70-35)
(was 225 ILCS 65/20-31)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-35. Licensure requirements; Internet site. The Department shall
make available to the public the requirements for licensure 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.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-40
(225 ILCS 65/70-40)
(was 225 ILCS 65/20-32)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-40. Educational resources; Internet link. The Department may
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 on the Department's World Wide Web site.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-45
(225 ILCS 65/70-45)
(was 225 ILCS 65/20-35)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-50
(225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
(Section scheduled to be repealed on January 1, 2028)
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 | |
(2) Employment of secretarial, nursing,
| | administrative, enforcement, and other staff for the administration of this Act.
|
|
(b) Disposition of fees:
(1) $5 of every licensure fee shall be placed in a
| | fund for assistance to nurses enrolled in a diversionary program as approved by the Department.
|
|
(2) All of the fees, fines, and penalties collected
| | pursuant to this Act shall be deposited in the Nursing Dedicated and Professional Fund.
|
|
(3) Each fiscal year, the moneys deposited in the
| | 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 fiscal years 2010 through 2022, $2,000,000 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. For fiscal year 2023 and for each fiscal year thereafter, $4,000,000 of the moneys deposited in the Nursing Dedicated and Professional Fund each year shall be set aside and appropriated to the Illinois Student Assistance Commission for nursing scholarships awarded pursuant to the Nursing Education Scholarship Law.
|
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(5) Moneys in the Fund may be transferred to the
| | 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 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.
(Source: P.A. 102-699, eff. 4-19-22.)
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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, 2028)
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.)
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225 ILCS 65/70-60
(225 ILCS 65/70-60)
(was 225 ILCS 65/20-55)
(Section scheduled to be repealed on January 1, 2028)
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 restored,
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. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-65
(225 ILCS 65/70-65)
(was 225 ILCS 65/20-65)
Sec. 70-65. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-70
(225 ILCS 65/70-70)
(was 225 ILCS 65/20-70)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-75
(225 ILCS 65/70-75)
(was 225 ILCS 65/20-75)
(Section scheduled to be repealed on January 1, 2028)
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 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. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-80
(225 ILCS 65/70-80)
(was 225 ILCS 65/20-80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-80. Investigation; notice; hearing. (a) The
Department may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license under this Act. (b) The Department shall,
before disciplining a license under this Section or refusing to issue a license, at least 30 days prior to the date set for the
hearing, (i) notify the accused in writing of any charges made and the time and
place for the hearing of the charges, (ii) direct
her or him
to file a written answer to the charges under oath
within 20 days
after service; and (iii) inform the applicant or licensee that failure to answer will result in a default being entered against the applicant or licensee. As a result of the default,
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. (c) 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 any pertinent statements, testimony, evidence and arguments. 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 be subject to whatever disciplinary action the Secretary considers proper, including limiting the
scope,
nature, or extent of said person's practice or the imposition of a fine, without a hearing, if the act
or acts charged constitute sufficient grounds for such action under this Act.
(d) The written notice and any notice in the subsequent proceeding may be served by personal delivery or regular or certified mail to the respondent at the respondent's address of record or by email to the respondent's email address of record. (e) The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee. The hearing officer has full authority to conduct the hearing. The Board may have a member or members present at any hearing. The Board members shall have equal or greater licensing qualifications than those of the licensee being prosecuted. (Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-81 (225 ILCS 65/70-81) (Section scheduled to be repealed on January 1, 2028) Sec. 70-81. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary of the Department, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/70-85
(225 ILCS 65/70-85)
(was 225 ILCS 65/20-85)
(Section scheduled to be repealed on January 1, 2028)
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 formal hearing proceedings if a license may be revoked, suspended, or placed on probationary status or other disciplinary action may be taken. Any licensee who is found to have violated this Act or who fails to appear for a hearing to refuse to issue, restore, or renew a license or to discipline a license may be required by the Department to pay for the costs of the proceeding. These costs are limited to costs for court reporters, transcripts, and witness attendance and mileage fees. The Secretary may waive payment of costs by a licensee in whole or in part where there is an undue financial hardship. 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. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-90
(225 ILCS 65/70-90)
(was 225 ILCS 65/20-90)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-95
(225 ILCS 65/70-95)
(was 225 ILCS 65/20-95)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-100
(225 ILCS 65/70-100)
(was 225 ILCS 65/20-100)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-100. Hearing; findings and recommendations; rehearing. (a) The Board or the hearing officer authorized by the Department shall hear evidence in support of the formal charges and evidence produced by the licensee. 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.
(b) At the conclusion of the hearing, a copy of the Board's or hearing officer's report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 calendar days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for hearing. The Department shall respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or upon denial of a motion for rehearing, the Secretary may enter an order in accordance with the recommendations of the Board or hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee. (c) If the Secretary disagrees in any regard with the report of the Board, the Secretary may issue an order contrary to 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.
(d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer. (e) All proceedings under this Section are matters of public record and shall be preserved. (f) Upon the suspension or revocation of a license, the licensee shall surrender the license to the Department, and, upon failure to do so, the Department shall seize the same. (Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-103 (225 ILCS 65/70-103) (Section scheduled to be repealed on January 1, 2028) Sec. 70-103. Disposition by consent order. At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/70-105
(225 ILCS 65/70-105)
(was 225 ILCS 65/20-105)
Sec. 70-105. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-110
(225 ILCS 65/70-110)
(was 225 ILCS 65/20-110)
Sec. 70-110. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-115
(225 ILCS 65/70-115)
(was 225 ILCS 65/20-115)
Sec. 70-115. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-120
(225 ILCS 65/70-120)
(was 225 ILCS 65/20-120)
(Section scheduled to be repealed on January 1, 2028)
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 | |
(b) the Secretary is duly appointed and qualified; and
(c) the Board and the Board members are qualified to
| |
(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, 2028)
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.)
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225 ILCS 65/70-130
(225 ILCS 65/70-130)
(was 225 ILCS 65/20-130)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-135
(225 ILCS 65/70-135)
(was 225 ILCS 65/20-135)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-140
(225 ILCS 65/70-140)
(was 225 ILCS 65/20-140)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-140. Review under Administrative Review Law. All final
administrative decisions of the Department are subject to judicial review pursuant to the provisions of
the Administrative Review Law, and all rules adopted under the Administrative Review Law. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; however, if the party is not a resident of this State, the venue shall be Sangamon County.(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-145
(225 ILCS 65/70-145)
(was 225 ILCS 65/20-145)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-145. Certification of record. The Department shall not
be required to certify any record to
the court, file any answer in court, or otherwise appear in any court in a
judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the part of the
plaintiff to file such receipt in Court shall be grounds for dismissal of the
action.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-150
(225 ILCS 65/70-150)
(was 225 ILCS 65/20-150)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-155
(225 ILCS 65/70-155)
(was 225 ILCS 65/20-155)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-160
(225 ILCS 65/70-160)
(was 225 ILCS 65/20-160)
(Section scheduled to be repealed on January 1, 2028)
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 address of record.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/70-165
(225 ILCS 65/70-165)
(was 225 ILCS 65/20-165)
(Section scheduled to be repealed on January 1, 2028)
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.)
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225 ILCS 65/70-170 (225 ILCS 65/70-170) (Section scheduled to be repealed on January 1, 2028) Sec. 70-170. Sexually Transmitted Infection Control Act. No licensee under this Act may be disciplined for providing expedited partner therapy in accordance with the provisions of the Illinois Sexually Transmitted Infection Control Act.(Source: P.A. 103-1049, eff. 8-9-24.) |
225 ILCS 65/Art. 75
(225 ILCS 65/Art. 75 heading)
ARTICLE 75. ILLINOIS NURSING WORKFORCE CENTER
(Article scheduled to be repealed on January 1, 2028)(Source: P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/75-5 (225 ILCS 65/75-5) (was 225 ILCS 65/17-5) Sec. 75-5. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.) |
225 ILCS 65/75-10 (225 ILCS 65/75-10) (was 225 ILCS 65/17-10) (Section scheduled to be repealed on January 1, 2028) Sec. 75-10. Illinois Nursing Workforce Center. The purpose of the Illinois Nursing Workforce Center to address issues of supply and demand in the nursing profession, including issues of recruitment, retention, and utilization of nurse manpower resources. The General Assembly finds that the Center will enhance the access to and delivery of quality health care services by providing an ongoing strategy for the allocation of the State's resources directed towards nursing. Each of the following objectives shall serve as the primary goals for the Center: (1) To develop a strategic plan for nursing workforce | | in the State by selecting priorities to be addressed, including:
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| (A) For license renewals beginning in 2024 and
| | each renewal thereafter, to develop and require all licensed nurses, including licensed practical nurses, registered nurses, and advanced practice registered nurses, respond to the Center's nursing workforce supply survey. Applicants shall respond to the Center's nursing workforce supply survey in conjunction with license renewal. However, license renewal shall not be contingent upon responding to the Center's nursing workforce supply survey and failure to respond to the Center's nursing workforce supply survey shall not result in encumbrance of the applicant's license. The survey shall use the National Forum of State Nursing Workforce Centers Minimum Nurse Supply Dataset. The Center shall compile, process, and evaluate the survey findings and report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations.
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| As used in this subsection, "nursing workforce
| | supply survey" means the nursing workforce supply survey conducted biennially by the Center that asks nurses to provide information about their demographics, specialty, setting of work, and other information necessary to inform the State on the status and characteristics of the State's nursing workforce.
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| (B) No later than 2027, to develop a nurse
| | demand and employer survey to be collected biennially. The survey shall use the National Forum of State Nursing Workforce Centers Minimum Nurse Demand Dataset. The Center shall compile, process, and evaluate the survey findings and report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations.
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| (2) To convene various groups of representatives of
| | nurses, other health care providers, businesses and industries, consumers, legislators, and educators to:
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| (A) review and comment on data analysis prepared
| | (B) recommend systemic changes, including
| | strategies for implementation of recommended changes.
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| (3) To enhance and promote recognition, reward, and
| | renewal activities for nurses in the State by:
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| (A) proposing and creating reward, recognition,
| | and renewal activities for nursing; and
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| (B) promoting positive media and image-building
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(Source: P.A. 103-285, eff. 7-28-23.)
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225 ILCS 65/75-15 (225 ILCS 65/75-15) (was 225 ILCS 65/17-15) (Section scheduled to be repealed on January 1, 2028) Sec. 75-15. Illinois Nursing Workforce Center Advisory Board.
(a) There is created the Illinois Nursing Workforce Center Advisory Board, which shall consist of 11 members appointed by the Secretary, with 6 members of the Advisory Board being nurses representative of various nursing specialty areas and 2 members representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation. The other 3 members may include representatives of associations, health care providers, nursing educators, and consumers. (b) The membership of the Advisory Board shall reasonably reflect representation from the geographic areas in this State. (c) Members of the Advisory Board appointed by the Secretary shall serve for terms of 4 years, with no member serving more than 10 successive years. A member shall serve until his or her successor is appointed and has qualified. Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred. (d) A quorum of the Advisory Board shall consist of a majority of Advisory Board members currently serving. A majority vote of the quorum is required for Advisory Board decisions. A vacancy in the membership of the Advisory Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Advisory Board. (e) The Secretary may remove any appointed member of the Advisory Board for misconduct, incapacity, or neglect of duty and shall be the sole judge of the sufficiency of the cause for removal. (f) Members of the Advisory Board are immune from suit in any action based upon any activities performed in good faith as members of the Advisory Board. (g) Members of the Advisory Board shall not receive compensation, but shall be reimbursed for actual traveling, incidentals, and expenses necessarily incurred in carrying out their duties as members of the Advisory Board, as approved by the Department.
(h) The Advisory Board shall meet annually to elect a chairperson and vice chairperson. (Source: P.A. 103-285, eff. 7-28-23.) |
225 ILCS 65/75-20 (225 ILCS 65/75-20) (was 225 ILCS 65/17-20) (Section scheduled to be repealed on January 1, 2028) Sec. 75-20. Powers and duties of the Advisory Board.
(a) The Advisory Board shall be advisory to the Department and shall possess and perform each of the following powers and duties: (1) determine operational policy; (2) (blank); (3) establish committees of the Advisory Board as | | (4) recommend the adoption and, from time to time,
| | the revision of those rules that may be adopted and necessary to carry out the provisions of this Act;
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| (5) implement the major functions of the Center, as
| | established in the goals set forth in Section 75-10 of this Article; and
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| (6) seek and accept non-State funds for carrying out
| | the policy of the Center.
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| (b) The Center shall work in consultation with other State agencies as necessary.
(Source: P.A. 100-513, eff. 1-1-18.)
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225 ILCS 65/Art. 80
(225 ILCS 65/Art. 80 heading)
ARTICLE 80. MEDICATION AIDE PILOT PROGRAM(Repealed by P.A. 103-886))(Source: P.A. 98-990, eff. 8-18-14. Repealed by P.A. 103-886, eff. 8-9-24) |
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