Public Act 096-0805
 		





HB0382 Enrolled
LRB096 03533 NHT 13558 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Nursing Education Scholarship Law is amended  
by changing Sections 2 and 3 and  by adding Section 6.5  as 
follows:
 



    (110 ILCS 975/2)  (from Ch. 144, par. 2752)



    Sec. 2. Legislative finding and declaration of policy. 
    (a) The General Assembly finds and hereby declares that the 
provision of a
higher education leading to an associate degree 
in nursing, an
associate
degree in applied sciences in nursing, 
a hospital-based diploma
in nursing, a
baccalaureate degree in 
nursing, a graduate degree in nursing, or a certificate in 
practical nursing for
persons of this State
who desire such an 
education is important to the health, welfare and
security of 
this State and Nation, and consequently is an important public

purpose.  Many qualified and potential nurses
are deterred by 
financial considerations from pursuing their nursing

education, with consequent irreparable loss to the State and 
Nation of
talents vital to health, welfare and security.  A 
system of scholarships,
repayment of which may be excused if 
the individual is employed as a
registered professional
nurse 
or a licensed practical nurse after
obtaining an associate 
degree in
nursing, associate degree in applied sciences in 
nursing, hospital-based
diploma in nursing, baccalaureate 
degree in nursing, graduate degree in nursing, or certificate

in practical nursing, will enable such individuals
to attend 
approved institutions of their choice in the State,
public or

private.

    (b)  The General Assembly finds that there is a critical 
shortage of nursing instructors in this State, and such a 
shortage will only worsen the shortage of available nurses in 
this State and jeopardize the quality of healthcare citizens of 
this State have every right to enjoy.  In order to provide for 
the health, safety, and welfare of the citizens of this State, 
the General Assembly declares that there is a need for an 
increase in skilled nurse educators in this State. 
(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)

 



    (110 ILCS 975/3)  (from Ch. 144, par. 2753)


    Sec. 3. Definitions. 

    The following terms, whenever used or referred to, have the 
following
meanings except where the context clearly indicates 
otherwise:

    (1) "Board" means the Board of Higher Education created by 
the Board
of Higher Education Act.

    (2) "Department" means the Illinois Department of Public 
Health.

    (3) "Approved institution" means a public community 
college, private
junior college, hospital-based diploma in 
nursing
program, or public or private
college or university 
located in this State that has approval by the Department of 
Professional
Regulation for an associate degree in nursing

program,
associate degree in applied
sciences in nursing 
program, hospital-based diploma in nursing
program,

baccalaureate degree in nursing program, graduate degree in 
nursing program, or
certificate in practical
nursing program.

    (4) "Baccalaureate degree in nursing program" means a 
program offered by
an
approved institution and leading to a 
bachelor of science degree in nursing.

    (5) "Enrollment" means the establishment and maintenance 
of an
individual's status as a student in an approved 
institution, regardless of
the terms used at the institution to 
describe such status.

    (6) "Academic year" means the period of time from September 
1 of one
year through August 31 of the next year or as 
otherwise defined by the
academic institution.

    (7) "Associate degree in nursing program or hospital-based 
diploma in
nursing program" means a program
offered by an 
approved institution and leading to an associate
degree in

nursing, associate degree in applied sciences in nursing, or

hospital-based diploma in nursing.

    (8) "Graduate degree in nursing program" means a program 
offered by an approved institution and leading to a master of 
science degree in nursing or a doctorate of philosophy or 
doctorate of nursing degree in nursing.

    (9) "Director" means the Director of the Illinois 
Department of Public
Health.

    (10) "Accepted for admission" means a student has completed 
the
requirements for entry into an associate degree in nursing 
program,
associate degree in applied sciences in nursing 
program, hospital-based
diploma in nursing program,

baccalaureate degree in nursing program, graduate degree in 
nursing program, or
certificate in practical nursing program at 
an approved institution, as
documented by the
institution.

    (11) "Fees" means those mandatory charges, in addition to 
tuition, that
all enrolled students must pay, including 
required course or lab fees.

    (12) "Full-time student" means a student enrolled for at 
least 12 hours
per
term or as otherwise determined by the 
academic institution.

    (13) "Law" means the Nursing Education Scholarship Law.

    (14) "Nursing employment obligation" means employment in 
this State as a
registered
professional
nurse, or licensed 
practical nurse, or advanced practice nurse in direct patient 
care
or as a nurse educator in the case of a graduate degree in 
nursing program recipient for at least one year for each year 
of scholarship assistance received through
the Nursing

Education Scholarship Program.

    (15) "Part-time student" means a person who is enrolled for 
at least
one-third of the number of hours required per term by 
a school for its
full-time students.

    (16) "Practical nursing program" means a program offered by 
an approved
institution leading to a certificate in practical 
nursing.

    (17) "Registered professional nurse" means a
person who is 
currently licensed as a registered professional nurse
by the 
Department of Professional
Regulation under the Nurse Practice 
Act.

    (18) "Licensed practical nurse" means a
person who is 
currently licensed as a licensed practical nurse
by the 
Department of Professional
Regulation under the Nurse Practice 
Act.

    (19) "School term" means an academic term, such as a 
semester, quarter,
trimester, or number of clock hours, as 
defined by an approved institution.

    (20) "Student in good standing" means a student maintaining 
a cumulative
grade point average equivalent to at least the 
academic grade of a "C".

    (21) "Total and permanent disability" means a physical or 
mental impairment,
disease, or loss of a permanent nature that 
prevents nursing employment with or
without reasonable 
accommodation.  Proof of disability shall be a declaration
from 
the social security administration, Illinois Workers' 
Compensation Commission,
Department of Defense, or an insurer 
authorized to transact business in
Illinois who is providing 
disability insurance coverage to a contractor.

    (22) "Tuition" means the established charges of an 
institution of higher
learning for instruction at that 
institution.

    (23) "Nurse educator" means a person who is currently 
licensed as a registered nurse by the Department of 
Professional Regulation under the Nurse Practice Act, who has a 
graduate degree in nursing, and who is employed by an approved 
academic institution to educate registered nursing students, 
licensed practical nursing students, and registered nurses 
pursuing graduate degrees.

    (24) "Nurse educator employment obligation" means 
employment in this State as a nurse educator for at least 2 
years for each year of scholarship assistance received under 
Section 6.5 of this Law. 
    Rulemaking authority to implement this amendatory Act of 
the 96th General Assembly, if any, is conditioned on the rules 
being adopted in accordance with all provisions of the Illinois 
Administrative Procedure Act and all rules and procedures of 
the Joint Committee on Administrative Rules; any purported rule 
not so adopted, for whatever reason, is unauthorized. 
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)

 
    (110 ILCS 975/6.5  new)
    Sec. 6.5. Nurse educator scholarships.
    (a)  Beginning with the fall term of the 2009-2010 academic 
year, the Department shall provide scholarships to individuals 
selected from among those applicants who qualify for 
consideration by showing the following:
        (1) that he or she has been a resident of this State 
    for at least one year prior to application and is a citizen 
    or a lawful permanent resident alien of the United States;
        (2) that he or she is enrolled in or accepted for 
    admission to a graduate degree in nursing program at an 
    approved institution; and
        (3) that he or she agrees to meet the nurse educator 
    employment obligation.
    (b) If in any year the number of qualified applicants 
exceeds the number of scholarships to be awarded under this 
Section, the Department shall, in consultation with the Center 
for Nursing Advisory Board, consider the following factors in 
granting priority in awarding scholarships:
        (1) Financial need, as shown on a standardized 
    financial needs assessment form used by an approved 
    institution, of students who will pursue their education on 
    a full-time or close to full-time basis and who already 
    have a diploma in nursing and are pursuing a higher degree.
        (2) A student's status as a registered nurse who is 
    pursuing a graduate degree in nursing to pursue employment 
    in an approved institution that educates licensed 
    practical nurses and that educates registered nurses in 
    undergraduate and graduate nursing programs.
        (3) A student's merit, as shown through his or her 
    grade point average, class rank, experience as a nurse, 
    including supervisory experience, experience as a nurse in 
    the United States military, and other academic and 
    extracurricular activities.
    (c)  Unless otherwise indicated, scholarships under this 
Section shall be awarded to recipients at approved institutions 
for a period of up to 3 years.
    (d)  Within 12 months after graduation from a graduate 
degree in nursing program for nurse educators, any recipient 
who accepted a scholarship under this Section shall begin 
meeting the required nurse educator employment obligation. In 
order to defer his or her continuous employment obligation, a 
recipient must request the deferment in writing from the 
Department. A recipient shall receive a deferment if he or she 
notifies the Department, within 30 days after enlisting, that 
he or she is spending up to 4 years in military service. A 
recipient shall receive a deferment if he or she notifies the 
Department, within 30 days after enrolling, that he or she is 
enrolled in an academic program leading to a graduate degree in 
nursing.  The recipient must begin meeting the required nurse 
educator employment obligation no later than 6 months after the 
end of the deferment or deferments.
    Any person who fails to fulfill the nurse educator 
employment obligation shall pay to the Department an amount 
equal to the amount of scholarship funds received per year for 
each unfulfilled year of the nurse educator employment 
obligation, together with interest at 7% per year on the unpaid 
balance. Payment must begin within 6 months following the date 
of the occurrence initiating the repayment. All repayments must 
be completed within 6 years from the date of the occurrence 
initiating the repayment. However, this repayment obligation 
may be deferred and re-evaluated every 6 months when the 
failure to fulfill the nurse educator employment obligation 
results from involuntarily leaving the profession due to a 
decrease in the number of nurses employed in this State or when 
the failure to fulfill the nurse educator employment obligation 
results from total and permanent disability. The repayment 
obligation shall be excused if the failure to fulfill the nurse 
educator employment obligation results from the death or 
adjudication as incompetent of the person holding the 
scholarship. No claim for repayment may be filed against the 
estate of such a decedent or incompetent.
    The Department may allow a nurse educator employment 
obligation fulfillment alternative if the nurse educator 
scholarship recipient is unsuccessful in finding work as a 
nurse educator.  The Department shall maintain a database of all 
available nurse educator positions in this State.
    (e)  Each person applying for a scholarship under this 
Section must be provided with a copy of this Section at the 
time of application for the benefits of this scholarship.
    (f) Rulemaking authority to implement this amendatory Act 
of the 96th General Assembly, if any, is conditioned on the 
rules being adopted in accordance with all provisions of the 
Illinois Administrative Procedure Act and all rules and 
procedures of the Joint Committee on Administrative Rules; any 
purported rule not so adopted, for whatever reason, is 
unauthorized. 
 
    Section 10. The Nurse Practice Act is amended  by changing 
Section 70-50 as follows:
 



    (225 ILCS 65/70-50)
  (was 225 ILCS 65/20-40)

    (Section scheduled to be repealed on January 1, 2018)

    Sec. 70-50. Fund. 
    (a) There is hereby created within the State Treasury the

Nursing Dedicated and Professional Fund.  The monies in the Fund 
may be
used by and at the direction of the Department for the 
administration and
enforcement of this Act, including but not 
limited to:


        (1) Distribution and publication of this Act and rules.


        (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.


        (4) For the fiscal year beginning July 1, 2009 2004 and 
    for
each fiscal
year thereafter, $2,000,000 $1,200,000 of 
    the moneys deposited in the
Nursing Dedicated
and 
    Professional Fund each year shall be set aside and 
    appropriated to the

Department of Public Health for nursing 
    scholarships awarded pursuant to
the Nursing Education 
    Scholarship Law.
Representatives
of the Department and the 
    Nursing Education Scholarship Program Advisory
Council 
    shall review this requirement and
the scholarship awards 
    every 2 years.


        (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).

    (c)
(f) Moneys set aside for nursing scholarships awarded 
pursuant to
the Nursing Education Scholarship Law as provided 
in item (4)
(iv) of subsection (b)
(e) of this Section may not 
be transferred under Section 8h of the State Finance Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; 
revised 10-23-08.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.