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Public Act 094-0352
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| SB2064 Enrolled |
LRB094 11566 RAS 42562 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Nursing and Advanced Practice Nursing Act is |
amended by changing Section 10-30 as follows:
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(225 ILCS 65/10-30)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 10-30. Qualifications for licensure.
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(a) Each applicant who successfully meets the requirements |
of this Section
shall be entitled to licensure as a Registered |
Nurse or Licensed Practical
Nurse, whichever is applicable.
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(b) An applicant for licensure by examination to practice |
as a registered
nurse or licensed practical nurse shall:
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(1) submit a completed written application, on forms |
provided by the
Department and fees as established by the |
Department;
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(2) for registered nurse licensure, have graduated |
from a
professional nursing education program approved by |
the Department;
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(2.5) for licensed practical nurse licensure, have |
graduated
graduate from a practical nursing education |
program approved by the
Department;
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(3) have not violated the provisions of Section 10-45 |
of this Act. The
Department may take into consideration any |
felony conviction of the applicant,
but such a conviction |
shall not operate as an absolute bar to licensure;
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(4) meet all other requirements as established by rule;
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(5) pay, 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
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applicant's application for examination has been received |
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and acknowledged by
the Department or the designated |
testing service shall result in the forfeiture
of the |
examination fee.
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If an applicant neglects, fails, or refuses to take an |
examination or fails
to pass an examination for a license under |
this Act within 3 years after filing
the application, the |
application shall be denied. However, the applicant may
make a |
new application accompanied by the required fee and provide
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evidence of meeting the requirements in force at the time of |
the new
application.
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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
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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 registered nursing program or |
licensed
practical nursing program, as appropriate, prior to |
re-application.
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An applicant 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
again |
take and pass the examination unless licensed in another |
jurisdiction of
the United States within one year of passing |
the examination.
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(c) An applicant for licensure by endorsement who is a |
registered
professional nurse or a licensed practical nurse |
licensed by examination
under the laws of another state or |
territory of the United States or a
foreign country, |
jurisdiction, territory, or province shall:
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(1) submit a completed written application, on forms |
supplied by the
Department, and fees as established by the |
Department;
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(2) for registered nurse licensure, have graduated |
from a professional
nursing education program approved by |
the Department;
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(2.5) for licensed practical nurse licensure, have |
graduated
from a practical nursing education program |
approved by the Department;
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(3) submit verification of licensure status directly |
from the United
States jurisdiction of licensure, if |
applicable, as defined by rule;
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(4) have passed the examination authorized by the |
Department;
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(5) meet all other requirements as established by rule.
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(d) All applicants for registered nurse licensure pursuant |
to item (2) of
subsection (b) and item (2) of subsection (c) of |
this Section who are graduates
of nursing educational programs |
in a country other than the United States or
its territories |
shall have their nursing education credentials evaluated by a |
Department-approved nursing credentialing evaluation service. |
No such applicant may be issued a license under this Act unless |
the applicant's program is deemed by the nursing credentialing |
evaluation service to be equivalent to a professional nursing |
education program approved by the Department. An applicant who |
has graduated from a nursing educational program outside of the |
United States or its territories and whose first language is |
not English shall submit certification of passage of the Test |
of English as a Foreign Language (TOEFL), as defined by rule. |
The Department may, upon recommendation from the nursing |
evaluation service, waive the requirement that the applicant |
pass the TOEFL examination if the applicant submits |
verification of the successful completion of a nursing |
education program conducted in English.
must submit to the |
Department certification of successful
completion of the |
Commission of Graduates of Foreign Nursing Schools (CGFNS)
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examination. An applicant who is unable to provide appropriate |
documentation
to satisfy CGFNS of her or his educational |
qualifications for the CGFNS
examination shall be required to |
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pass an examination to test competency in the
English language, |
which shall be prescribed by the Department, if the
applicant |
is determined by the Board to be educationally prepared in
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nursing. The Board shall make appropriate inquiry into the |
reasons for
any adverse determination by CGFNS before making |
its own decision.
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(d-5) An applicant licensed in another state or territory |
who is applying for
licensure and has received her or his |
education in a country other than the
United States or its |
territories shall have her or his nursing education credentials |
evaluated by a Department-approved nursing credentialing |
evaluation service. No such applicant may be issued a license |
under this Act unless the applicant's program is deemed by the |
nursing credentialing evaluation service to be equivalent to a |
professional nursing education program approved by the |
Department. An applicant who has graduated from a nursing |
educational program outside of the United States or its |
territories and whose first language is not English shall |
submit certification of passage of the Test of English as a |
Foreign Language (TOEFL), as defined by rule. The Department |
may, upon recommendation from the nursing evaluation service, |
waive the requirement that the applicant pass the TOEFL |
examination if the applicant submits verification of the |
successful completion of a nursing education program conducted |
in English or the successful passage of an approved licensing |
examination given in English.
be exempt from the completion of |
the
Commission of Graduates of Foreign Nursing Schools (CGFNS) |
examination if the
applicant meets all of the following |
requirements:
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(1) successful passage of the licensure examination |
authorized by the
Department;
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(2) holds an active, unencumbered license in another |
state; and
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(3) has been actively practicing for a minimum of 2 |
years in another
state.
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(e) (Blank).
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(f) Pending the issuance of a license under subsection (c) |
of this Section,
the Department may grant an applicant a |
temporary license to practice nursing
as a registered nurse or |
as a licensed 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 other
jurisdictions, the
Department |
shall not issue a temporary license until it is satisfied that
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each current active license held by the applicant is |
unencumbered. The
temporary license, which shall be issued no |
later than 14 working days
following receipt by the Department |
of an application for the temporary
license, shall be granted |
upon the submission of the following to the
Department:
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(1) a signed and completed application for licensure |
under subsection (a)
of this Section as a registered nurse |
or a licensed practical nurse;
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(2) proof of a current, active license in at least one |
other jurisdiction
and proof that each current active |
license or temporary license held by the
applicant within |
the last 5 years is unencumbered;
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(3) a signed and completed application for a temporary |
license; and
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(4) the required temporary license fee.
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(g) The Department may refuse to issue an applicant a |
temporary
license authorized pursuant to this Section if, |
within 14 working days
following its receipt of an application |
for a temporary license, the
Department determines that:
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(1) the applicant has been convicted of a crime under |
the laws of a
jurisdiction of the United States: (i) which |
is a felony; or (ii) which is a
misdemeanor directly |
related to the practice of the profession, within the last
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5 years;
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(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 |
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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) it intends to deny licensure by endorsement.
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For purposes of this Section, an "unencumbered license" |
means a
license against which no disciplinary action has been |
taken or is pending and
for which all fees and charges are paid |
and current.
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(h) The Department may revoke a temporary license issued |
pursuant to this
Section if:
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(1) it determines that the applicant has been convicted |
of a crime under
the law of any jurisdiction of the United |
States that is (i) a felony or
(ii) a misdemeanor directly |
related to the practice of the profession,
within the last |
5 years;
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(2) it determines that within the last 5 years the |
applicant has had a
license or permit related to the |
practice of nursing revoked, suspended, or
placed on |
probation by another jurisdiction, 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) it determines that it intends to deny licensure by |
endorsement.
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A temporary license shall expire 6 months from the date of |
issuance.
Further renewal may be granted by the Department in |
hardship cases, as defined
by rule and upon approval of the |
Director. However, a temporary license shall
automatically |
expire upon issuance of the Illinois license or upon |
notification
that the Department intends to deny licensure, |
whichever occurs first.
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(i) Applicants 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 |