093_HB2280eng

 
HB2280 Engrossed                     LRB093 06695 AMC 06829 b

 1        AN ACT concerning the licensure of nurses.

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

 4                              ARTICLE 5

 5        Section 1.  Short title.  This Article may  be  cited  as
 6    the  Nurse  Licensure  Compact  Act.   In  this  Article  any
 7    reference to this Act means this Article.

 8        Section  5-5.  Nurse  Licensure  Compact.  The  State  of
 9    Illinois  ratifies  and  approves the Nurse Licensure Compact
10    and enters into it with all other jurisdictions that  legally
11    join  in  the  compact,  which  is, in form, substantially as
12    follows:

13           ARTICLE I.  Findings and Declaration of Purpose

14        (a)  The party states find that:
15             (1)  the  health  and  safety  of  the  public   are
16        affected  by  the  degree  of  compliance  with  and  the
17        effectiveness  of enforcement activities related to state
18        nurse licensure laws;
19             (2)  violations of nurse licensure  and  other  laws
20        regulating  the  practice of nursing may result in injury
21        or harm to the public;
22             (3)  the expanded mobility of nurses and the use  of
23        advanced   communication  technologies  as  part  of  our
24        nation's  healthcare  delivery  system  require   greater
25        coordination and cooperation among states in the areas of
26        nurse licensure and regulation;
27             (4)  new  practice  modalities  and  technology make
28        compliance with individual  state  nurse  licensure  laws
29        difficult and complex;
 
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 1             (5)  the current system of duplicative licensure for
 2        nurses  practicing  in  multiple states is cumbersome and
 3        redundant to both nurses and states.
 4        (b)  The general purposes of this Compact are to:
 5             (1)  facilitate  the   states'   responsibility   to
 6        protect the public's health and safety;
 7             (2)  ensure  and  encourage the cooperation of party
 8        states in the areas of nurse licensure and regulation;
 9             (3)  facilitate the exchange of information  between
10        party   states   in   the   areas  of  nurse  regulation,
11        investigation and adverse actions;
12             (4)  promote compliance with the laws governing  the
13        practice of nursing in each jurisdiction;
14             (5)  invest  all  party states with the authority to
15        hold a nurse accountable for meeting all  state  practice
16        laws  in the state in which the patient is located at the
17        time care is rendered through the mutual  recognition  of
18        party state licenses.

19                      ARTICLE II.  Definitions

20        As used in this Compact:
21        (a)  "Adverse  Action"  means  a  home  or  remote  state
22    action.
23        (b)  "Alternative    program"    means    a    voluntary,
24    non-disciplinary  monitoring  program  approved  by  a  nurse
25    licensing board.
26        (c)  "Coordinated  licensure information system" means an
27    integrated  process  for  collecting,  storing,  and  sharing
28    information on nurse  licensure  and  enforcement  activities
29    related  to  nurse licensure laws, which is administered by a
30    non-profit organization composed of and controlled  by  state
31    nurse licensing boards.
32        (d)  "Current   significant   investigative  information"
33    means:
 
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 1             (1)  investigative  information  that  a   licensing
 2        board,   after   a   preliminary  inquiry  that  includes
 3        notification and an opportunity for the nurse to  respond
 4        if  required  by  state law, has reason to believe is not
 5        groundless and, if proved true, would indicate more  than
 6        a minor infraction; or
 7             (2)  investigative  information  that indicates that
 8        the nurse represents an immediate threat to public health
 9        and safety regardless  of  whether  the  nurse  has  been
10        notified and had an opportunity to respond.
11        (e)  "Home  state"  means  the  party  state which is the
12    nurse's primary state of residence.
13        (f)  "Home state action" means any administrative, civil,
14    equitable or criminal action permitted by  the  home  state's
15    laws  which  are  imposed  on  a  nurse  by  the home state's
16    licensing board or other authority including actions  against
17    an  individual's  license  such  as:  revocation, suspension,
18    probation  or  any  other  action  which  affects  a  nurse's
19    authorization to practice.
20        (g)  "Licensing board" means a party  state's  regulatory
21    body responsible for issuing nurse licenses.
22        (h)  "Multistate   licensure  privilege"  means  current,
23    official  authority  from  a  remote  state  permitting   the
24    practice  of  nursing  as  either  a  registered  nurse  or a
25    licensed practical/vocational nurse in such party state.  All
26    party  states have the authority, in accordance with existing
27    state due process law, to take actions  against  the  nurse's
28    privilege  such  as: revocation, suspension, probation or any
29    other  action  which  affects  a  nurse's  authorization   to
30    practice.
31        (i)  "Nurse"   means   a  registered  nurse  or  licensed
32    practical/vocational nurse, as those  terms  are  defined  by
33    each party's state practice laws.
34        (j)  "Party  state" means any state that has adopted this
 
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 1    Compact.
 2        (k)  "Remote state" means a party state, other  than  the
 3    home state,
 4             (1)  where  the  patient  is  located  at  the  time
 5        nursing care is provided, or,
 6             (2)  in  the  case  of  the  practice of nursing not
 7        involving a  patient,  in  such  party  state  where  the
 8        recipient of nursing practice is located.
 9        (l)  "Remote state action" means:
10             (1)  any   administrative,   civil,   equitable   or
11        criminal  action permitted by a remote state's laws which
12        are imposed on a nurse by the  remote  state's  licensing
13        board  or  other  authority  including actions against an
14        individual's multistate licensure privilege  to  practice
15        in the remote state, and
16             (2)  cease   and  desist  and  other  injunctive  or
17        equitable orders issued by remote states or the licensing
18        boards thereof.
19        (m)  "State" means a state, territory, or  possession  of
20    the   United   States,   the  District  of  Columbia  or  the
21    Commonwealth of Puerto Rico.
22        (n)  "State practice laws" means those individual party's
23    state laws  and  regulations  that  govern  the  practice  of
24    nursing, define the scope of nursing practice, and create the
25    methods  and grounds for imposing discipline. "State practice
26    laws"  does  not  include  the  initial  qualifications   for
27    licensure  or  requirements  necessary to obtain and retain a
28    license, except for qualifications  or  requirements  of  the
29    home state.

30          ARTICLE III.  General Provisions and Jurisdiction

31        (a)  A license to practice registered nursing issued by a
32    home  state to a resident in that state will be recognized by
33    each  party  state  as  authorizing  a  multistate  licensure
 
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 1    privilege to practice as a registered  nurse  in  such  party
 2    state.  A  license  to practice licensed practical/vocational
 3    nursing issued by a home state to a resident  in  that  state
 4    will  be  recognized  by  each  party  state as authorizing a
 5    multistate licensure privilege  to  practice  as  a  licensed
 6    practical/vocational  nurse  in such party state. In order to
 7    obtain or retain a license, an applicant must meet  the  home
 8    state's  qualifications  for licensure and license renewal as
 9    well as all other applicable state laws.
10        (b)  Party states  may,  in  accordance  with  state  due
11    process  laws,  limit  or  revoke  the  multistate  licensure
12    privilege  of  any  nurse  to practice in their state and may
13    take any other actions  under  their  applicable  state  laws
14    necessary to protect the health and safety of their citizens.
15    If  a party state takes such action, it shall promptly notify
16    the administrator of the  coordinated  licensure  information
17    system.   The  administrator  of  the  coordinated  licensure
18    information system shall promptly notify the  home  state  of
19    any such actions by remote states.
20        (c)  Every  nurse practicing in a party state must comply
21    with the state practice  laws  of  the  state  in  which  the
22    patient is located at the time care is rendered. In addition,
23    the  practice  of nursing is not limited to patient care, but
24    shall include all nursing practice as defined  by  the  state
25    practice  laws of a party state. The practice of nursing will
26    subject a nurse to the jurisdiction of  the  nurse  licensing
27    board  and  the  courts,  as  well as the laws, in that party
28    state.
29        (d)  This Compact does not affect additional requirements
30    imposed by states for advanced practice  registered  nursing.
31    However,   a   multistate  licensure  privilege  to  practice
32    registered  nursing  granted  by  a  party  state  shall   be
33    recognized  by  other  party  states as a license to practice
34    registered nursing if one is  required  by  state  law  as  a
 
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 1    precondition  for qualifying for advanced practice registered
 2    nurse authorization.
 3        (e)  Individuals not residing  in  a  party  state  shall
 4    continue  to be able to apply for nurse licensure as provided
 5    for under the laws of each party state. However, the  license
 6    granted  to  these  individuals  will  not  be  recognized as
 7    granting the privilege to practice nursing in any other party
 8    state unless explicitly agreed to by that party state.

 9      ARTICLE IV.  Applications for Licensure in a Party State

10        (a)  Upon application for a license, the licensing  board
11    in  a  party  state  shall ascertain, through the coordinated
12    licensure information system, whether the applicant has  ever
13    held,  or  is  the  holder  of, a license issued by any other
14    state, whether there are any restrictions on  the  multistate
15    licensure  privilege, and whether any other adverse action by
16    any state has been taken against the license.
17        (b)  A nurse in a party state  shall  hold  licensure  in
18    only one party state at a time, issued by the home state.
19        (c)  A  nurse  who  intends  to  change  primary state of
20    residence may apply for licensure in the new  home  state  in
21    advance  of  such  change.  However, new licenses will not be
22    issued by a party state until after a nurse provides evidence
23    of change in primary state of residence satisfactory  to  the
24    new home state's licensing board.
25        (d)  When a nurse changes primary state of residence by:
26             (1)  moving  between two party states, and obtains a
27        license from the new home state,  the  license  from  the
28        former home state is no longer valid;
29             (2)  moving from a non-party state to a party state,
30        and  obtains  a  license  from  the  new  home state, the
31        individual state license issued by the non-party state is
32        not affected and will remain in full force if so provided
33        by the laws of the non-party state;
 
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 1             (3)  moving from a party state to a non-party state,
 2        the license issued by the prior home state converts to an
 3        individual state license, valid only in the  former  home
 4        state,  without  the  multistate  licensure  privilege to
 5        practice in other party states.

 6                     ARTICLE V.  Adverse Actions

 7        In  addition  to  the  General  Provisions  described  in
 8    Article III, the following provisions apply:
 9        (a)  The licensing board of a remote state shall promptly
10    report to the  administrator  of  the  coordinated  licensure
11    information  system  any  remote  state actions including the
12    factual and legal  basis  for  such  action,  if  known.  The
13    licensing  board of a remote state shall also promptly report
14    any significant  current  investigative  information  yet  to
15    result  in  a  remote  state action. The administrator of the
16    coordinated  licensure  information  system  shall   promptly
17    notify the home state of any such reports.
18        (b)  The  licensing board of a party state shall have the
19    authority to complete any pending investigations for a  nurse
20    who  changes  primary state of residence during the course of
21    such investigations. It shall also have the authority to take
22    appropriate  action(s),  and  shall   promptly   report   the
23    conclusions  of  such  investigations to the administrator of
24    the   coordinated   licensure   information    system.    The
25    administrator of the coordinated licensure information system
26    shall promptly notify the new home state of any such actions.
27        (c)  A remote state may take adverse action affecting the
28    multistate  licensure privilege to practice within that party
29    state. However, only the home state shall have the  power  to
30    impose  adverse action against the license issued by the home
31    state.
32        (d)  For  purposes  of  imposing  adverse   action,   the
33    licensing  board  of  the  home  state  shall  give  the same
 
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 1    priority and effect  to  reported  conduct  received  from  a
 2    remote  state as it would if such conduct had occurred within
 3    the home state. In so doing, it shall  apply  its  own  state
 4    laws to determine appropriate action.
 5        (e)  The  home state may take adverse action based on the
 6    factual findings of the remote state, so long as  each  state
 7    follows its own procedures for imposing such adverse action.
 8        (f)  Nothing  in  this  Compact  shall  override  a party
 9    state's decision that participation in an alternative program
10    may be used  in  lieu  of  licensure  action  and  that  such
11    participation  shall  remain  non-public  if  required by the
12    party state's laws. Party  states  must  require  nurses  who
13    enter  any  alternative  programs to agree not to practice in
14    any other party state during  the  term  of  the  alternative
15    program  without  prior  authorization  from such other party
16    state.

17            ARTICLE VI.  Additional Authorities Invested
18                in Party State Nurse Licensing Boards

19        Notwithstanding  any  other  powers,  party  state  nurse
20    licensing boards shall have the authority to:
21        (a)  if otherwise permitted by state  law,  recover  from
22    the   affected   nurse   the   costs  of  investigations  and
23    disposition of cases resulting from any adverse action  taken
24    against that nurse;
25        (b)  issue subpoenas for both hearings and investigations
26    which  require the attendance and testimony of witnesses, and
27    the production of  evidence.  Subpoenas  issued  by  a  nurse
28    licensing  board  in  a  party  state  for the attendance and
29    testimony of witnesses, and/or  the  production  of  evidence
30    from  another  party  state,  shall be enforced in the latter
31    state by any court of competent  jurisdiction,  according  to
32    the  practice  and  procedure  of  that  court  applicable to
33    subpoenas  issued  in  proceedings  pending  before  it.  The
 
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 1    issuing  authority  shall  pay  any  witness   fees,   travel
 2    expenses,  mileage  and  other  fees  required by the service
 3    statutes of the state where the witnesses and/or evidence are
 4    located;
 5        (c)  issue cease and desist orders to limit or  revoke  a
 6    nurse's authority to practice in their state;
 7        (d)  promulgate uniform rules and regulations as provided
 8    for in Article VIII(c).

 9       ARTICLE VII.  Coordinated Licensure Information System

10        (a)  All  party states shall participate in a cooperative
11    effort to create a coordinated  data  base  of  all  licensed
12    registered  nurses  and licensed practical/vocational nurses.
13    This system will include information  on  the  licensure  and
14    disciplinary  history  of each nurse, as contributed by party
15    states, to assist in the coordination of nurse licensure  and
16    enforcement efforts.
17        (b)  Notwithstanding  any  other  provision  of  law, all
18    party states' licensing boards shall promptly report  adverse
19    actions, actions against multistate licensure privileges, any
20    current  significant  investigative information yet to result
21    in adverse action, denials of applications, and  the  reasons
22    for  such  denials,  to the coordinated licensure information
23    system.
24        (c)  Current significant investigative information  shall
25    be  transmitted through the coordinated licensure information
26    system only to party state licensing boards.
27        (d)  Notwithstanding any  other  provision  of  law,  all
28    party  states'  licensing  boards contributing information to
29    the coordinated licensure information  system  may  designate
30    information  that  may not be shared with non-party states or
31    disclosed  to  other  entities  or  individuals  without  the
32    express permission of the contributing state.
33        (e)  Any personally identifiable information obtained  by
 
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 1    a   party   states'  licensing  board  from  the  coordinated
 2    licensure information system may not be shared with non-party
 3    states or disclosed to other entities or  individuals  except
 4    to  the  extent  permitted  by  the  laws  of the party state
 5    contributing the information.
 6        (f)  Any  information  contributed  to  the   coordinated
 7    licensure information system that is subsequently required to
 8    be  expunged by the laws of the party state contributing that
 9    information, shall also  be  expunged  from  the  coordinated
10    licensure information system.
11        (g)  The Compact administrators, acting jointly with each
12    other  and  in  consultation  with  the  administrator of the
13    coordinated licensure  information  system,  shall  formulate
14    necessary  and  proper  procedures  for  the  identification,
15    collection and exchange of information under this Compact.

16              ARTICLE VIII.  Compact Administration and
17                     Interchange of Information

18        (a)  The  head  of  the nurse licensing board, or his/her
19    designee, of each party state shall be the  administrator  of
20    this Compact for his/her state.
21        (b)  The  Compact administrator of each party state shall
22    furnish to the Compact  administrator  of  each  other  party
23    state  any  information  and  documents  including,  but  not
24    limited to, a uniform data set of investigations, identifying
25    information,  licensure  data,  and  disclosable  alternative
26    program   participation   information   to   facilitate   the
27    administration of this Compact.
28        (c)  Compact  administrators  shall have the authority to
29    develop  uniform   rules   to   facilitate   and   coordinate
30    implementation  of this Compact. These uniform rules shall be
31    adopted by party states, under the authority  invested  under
32    Article VI(d).
 
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 1                        ARTICLE IX.  Immunity

 2        No  party state or the officers or employees or agents of
 3    a party state's nurse licensing board who acts in  accordance
 4    with  the  provisions  of  this  Compact  shall  be liable on
 5    account of any act or omission in good faith while engaged in
 6    the performance of their  duties  under  this  Compact.  Good
 7    faith  in  this article shall not include willful misconduct,
 8    gross negligence, or recklessness.

 9       ARTICLE X.  Entry into Force, Withdrawal and Amendment

10        (a)  This Compact  shall  enter  into  force  and  become
11    effective  as  to any state when it has been enacted into the
12    laws of that state. Any party state may  withdraw  from  this
13    Compact by enacting a statute repealing the same, but no such
14    withdrawal  shall  take  effect  until  six  months after the
15    withdrawing state has given notice of the withdrawal  to  the
16    executive heads of all other party states.
17        (b)  No   withdrawal   shall   affect   the  validity  or
18    applicability by the licensing  boards  of  states  remaining
19    party  to  the  Compact  of  any  report  of  adverse  action
20    occurring prior to the withdrawal.
21        (c)  Nothing contained in this Compact shall be construed
22    to  invalidate  or  prevent  any nurse licensure agreement or
23    other cooperative arrangement between a  party  state  and  a
24    non-party  state  that  is  made in accordance with the other
25    provisions of this Compact.
26        (d)  This Compact may be amended by the party states.  No
27    amendment  to this Compact shall become effective and binding
28    upon the party states unless and until it is enacted into the
29    laws of all party states.

30             ARTICLE XI.  Construction and Severability

31        (a)  This Compact shall be liberally construed so  as  to
 
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 1    effectuate  the  purposes  thereof.  The  provisions  of this
 2    Compact  shall  be  severable  and  if  any  phrase,  clause,
 3    sentence or provision of  this  Compact  is  declared  to  be
 4    contrary  to  the  constitution  of any party state or of the
 5    United States or the applicability thereof to any government,
 6    agency, person or circumstance is held invalid, the  validity
 7    of  the  remainder  of  this  Compact  and  the applicability
 8    thereof to any government,  agency,  person  or  circumstance
 9    shall  not be affected thereby. If this Compact shall be held
10    contrary to the constitution of any state party thereto,  the
11    Compact  shall  remain  in  full  force  and effect as to the
12    remaining party states and in full force and effect as to the
13    party state affected as to all severable matters.
14        (b)  In the event party states find a need  for  settling
15    disputes arising under this Compact:
16             (1)  The  party  states  may  submit  the  issues in
17        dispute to an arbitration panel which will  be  comprised
18        of  an  individual appointed by the Compact administrator
19        in the home state; an individual appointed by the Compact
20        administrator in the remote  state(s)  involved;  and  an
21        individual   mutually   agreed   upon   by   the  Compact
22        administrators of all the party states  involved  in  the
23        dispute.
24             (2)  The  decision  of a majority of the arbitrators
25        shall be final and binding.

26        Section 5-10.  Compact administrator.  The  head  of  the
27    nurse   licensing   board  as  used  to  define  the  compact
28    administrator in Article VIII(a) of the  Compact  shall  mean
29    the Nursing Act Coordinator as defined under Section 10-15 of
30    the Nursing and Advanced Practice Nursing Act.

31        Section  5-15.  Compact  Evaluation  Initiative. Upon the
32    effective date of this Compact,  the  licensing  board  shall
 
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 1    participate  in  a  Compact Evaluation Initiative designed to
 2    evaluate the effectiveness and operability  of  the  Compact.
 3    Such  Compact  Evaluation Initiative shall be conducted by an
 4    outside researcher.  A  component  of  the  Evaluation  shall
 5    include  a  remote  state identification system through which
 6    nurses shall designate those remote states in which the nurse
 7    is  practicing.  A  nurse's  practice  information  in   such
 8    identification  system  shall  be  updated  upon issuance and
 9    renewal of the nurse license. The Evaluation  shall  continue
10    until  the  year  2005,  after  which  time a report shall be
11    produced for comment by the  participating  licensing  boards
12    and shall be submitted to the General Assembly in the form of
13    a Nurse Licensure Compact evaluation report.

14        Section  5-20.  Costs of investigation and disposition of
15    cases. To facilitate  cross-state  enforcement  efforts,  the
16    General  Assembly  finds that it is necessary for Illinois to
17    have the power to recover from the affected nurse  the  costs
18    of  investigations  and  disposition  of cases resulting from
19    adverse actions taken by this State against that nurse.

20        Section 5-25.  Statutory  obligations.  This  Compact  is
21    designed  to facilitate the regulation of nurses and does not
22    relieve employers from  complying  with  statutorily  imposed
23    obligations.

24        Section  5-30.  State  labor  laws. This Compact does not
25    supersede existing State labor laws.

26                             ARTICLE 10

27        Section 10-1.  Short title.  This Article may be cited as
28    the Advanced Practice Registered Nurse Compact Act.  In  this
29    Article, any reference to this Act means this Article.
 
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 1        Section 10-5.  Ratification and approval of compact.  The
 2    advanced  practice registered nurse compact is hereby enacted
 3    into law and entered into on behalf of this  State  with  any
 4    state   that  legally  joins  therein  in  substantially  the
 5    following form:

 6                              ARTICLE I
 7                 Findings and Declaration of Purpose

 8        (a)  The party states find that:
 9             (1)  The  health  and  safety  of  the  public   are
10        affected   by   the   degree   of  compliance  with  APRN
11        licensure/authority  to  practice  requirements  and  the
12        effectiveness of enforcement activities related to  state
13        APRN licensure/authority to practice laws;
14             (2)  Violations   of   APRN  licensure/authority  to
15        practice  and  other  laws  regulating  the  practice  of
16        nursing may result in injury or harm to the public;
17             (3)  The expanded mobility of APRNs and the  use  of
18        advanced   communication  technologies  as  part  of  our
19        nation's health  care  delivery  system  require  greater
20        coordination and cooperation among states in the areas of
21        APRN licensure/authority to practice and regulation;
22             (4)  New  practice  modalities  and  technology make
23        compliance with individual state APRN licensure/authority
24        to practice laws difficult and complex;
25             (5)  The  current   system   of   duplicative   APRN
26        licensure/authority  to  practice for APRNs practicing in
27        multiple states is cumbersome and redundant to both APRNs
28        and states;
29             (6)  Uniformity of APRN requirements throughout  the
30        states promotes public safety and public health benefits;
31        and
32             (7)  Access  to APRN services increases the public's
33        access  to  health  care,  particularly  in   rural   and
 
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 1        underserved areas.
 2        (b)  The general purposes of this Compact are to:
 3             (1)  Facilitate   the  states'  responsibilities  to
 4        protect the public's health and safety;
 5             (2)  Ensure and encourage the cooperation  of  party
 6        states  in  the  areas  of  APRN  licensure/authority  to
 7        practice  and  regulation  including promotion of uniform
 8        licensure requirements;
 9             (3)  Facilitate the exchange of information  between
10        party   states   in   the   areas   of  APRN  regulation,
11        investigation and adverse actions;
12             (4)  Promote compliance with the laws governing APRN
13        practice in each jurisdiction; and
14             (5)  Invest all party states with the  authority  to
15        hold  an  APRN accountable for meeting all state practice
16        laws in the state in which the patient is located at  the
17        time  care  is rendered through the mutual recognition of
18        party state licenses.

19                             ARTICLE II
20                             Definitions

21        As used in this Compact:
22        (a)  "Advanced Practice Registered Nurse" or "APRN" means
23    a Nurse Anesthetist; Nurse Practitioner;  Nurse  Midwife;  or
24    Clinical  Nurse  Specialist  to  the  extent  a  party  state
25    licenses  or  grants  authority to practice in that APRN role
26    and title.
27        (b)  "Adverse  Action"  means  a  home  or  remote  state
28    disciplinary action.
29        (c)  "Alternative    program"    means    a    voluntary,
30    non-disciplinary monitoring program approved by  a  licensing
31    board.
32        (d)  "APRN  Licensure/Authority  to  Practice"  means the
33    regulatory mechanism used by a party  state  to  grant  legal
 
HB2280 Engrossed            -16-     LRB093 06695 AMC 06829 b
 1    authority to practice as an APRN.
 2        (e)  "APRN   Uniform   Licensure/Authority   to  Practice
 3    Requirements"  means  those  agreed  upon   minimum   uniform
 4    licensure,  education and examination requirements adopted by
 5    licensing boards for the recognized APRN role and title.
 6        (f)  "Coordinated licensure information system" means  an
 7    integrated   process  for  collecting,  storing  and  sharing
 8    information  on  APRN  licensure/authority  to  practice  and
 9    enforcement activities related to APRN licensure/authority to
10    practice  laws,  which  is  administered  by   a   non-profit
11    organization  composed  of  and controlled by state licensing
12    boards.
13        (g)  "Current  significant   investigative   information"
14    means:
15             (1)  Investigative   information  that  a  licensing
16        board,  after  a  preliminary   inquiry   that   includes
17        notification  and  an opportunity for the APRN to respond
18        if required by state law, has reason to  believe  is  not
19        groundless  and, if proved true, would indicate more than
20        a minor infraction; or
21             (2)  Investigative information that  indicates  that
22        the  APRN represents an immediate threat to public health
23        and safety  regardless  of  whether  the  APRN  has  been
24        notified and had an opportunity to respond.
25        (h)  "Home  state"  means  the  party  state  that is the
26    APRN's primary state of residence.
27        (i)  "Home state action" means any administrative, civil,
28    equitable or criminal action permitted by  the  home  state's
29    laws  which  are  imposed  on  an  APRN  by  the home state's
30    licensing board or other authority including actions  against
31    an   individual's  license/authority  to  practice  such  as:
32    revocation, suspension, probation or any other  action  which
33    affects an APRN's authorization to practice.
34        (j)  "Licensing  board"  means a party state's regulatory
 
HB2280 Engrossed            -17-     LRB093 06695 AMC 06829 b
 1    body responsible  for  issuing  APRN  licensure/authority  to
 2    practice.
 3        (k)  "Multistate   advanced   practice  privilege"  means
 4    current authority from a remote state permitting an  APRN  to
 5    practice in that state in the same role and title as the APRN
 6    is  licensed/authorized  to practice in the home state to the
 7    extent that the remote state laws recognize  such  APRN  role
 8    and  title.  A  remote state has the authority, in accordance
 9    with existing state due process laws, to take actions against
10    the  APRN's  privilege,  including  revocation,   suspension,
11    probation,  or  any  other  action  that  affects  an  APRN's
12    multistate privilege to practice.
13        (l)  "Party  state" means any state that has adopted this
14    Compact.
15        (m)  "Prescriptive authority" means the  legal  authority
16    to  prescribe  medications  and  devices  as defined by party
17    state laws.
18        (n)  "Remote state" means a party state, other  than  the
19    home state,
20             (1)  Where  the  patient is located at the time APRN
21        care is provided, or
22             (2)  In the case of APRN practice  not  involving  a
23        patient,  in such party state where the recipient of APRN
24        practice is located.
25        (o)  "Remote state action" means:
26             (1)  Any   administrative,   civil,   equitable   or
27        criminal action permitted by a remote state's laws  which
28        are  imposed  on  an APRN by the remote state's licensing
29        board or other authority  including  actions  against  an
30        individual's  multistate  advanced  practice privilege in
31        the remote state, and
32             (2)  Cease  and  desist  and  other  injunctive   or
33        equitable orders issued by remote states or the licensing
34        boards thereof.
 
HB2280 Engrossed            -18-     LRB093 06695 AMC 06829 b
 1        (p)  "State"  means  a state, territory, or possession of
 2    the United States.
 3        (q)  "State practice laws" means a party state's laws and
 4    regulations that govern APRN practice, define  the  scope  of
 5    advanced  nursing  practice including prescriptive authority,
 6    and create the methods and grounds for  imposing  discipline.
 7    State practice laws do not include the requirements necessary
 8    to  obtain and retain APRN licensure/authority to practice as
 9    an APRN, except for qualifications  or  requirements  of  the
10    home state.
11        (r)  "Unencumbered"  means  that  a  state has no current
12    disciplinary action against an  APRN's  license/authority  to
13    practice.

14                             ARTICLE III
15                 General Provisions and Jurisdiction

16        (a)  All  party  states  shall  participate  in the Nurse
17    Licensure  Compact  for  registered   nurses   and   licensed
18    practical/vocational  nurses  in order to enter into the APRN
19    Compact.
20        (b)  No state shall enter  the  APRN  Compact  until  the
21    state    adopts,    at    a   minimum,   the   APRN   Uniform
22    Licensure/Authority to Practice Requirements  for  each  APRN
23    role  and title  recognized by the state seeking to enter the
24    APRN Compact.
25        (c)  APRN Licensure/Authority to  practice  issued  by  a
26    home state to a resident in that state  will be recognized by
27    each   party  state  as  authorizing  a  multistate  advanced
28    practice privilege to the extent that the role and title  are
29    recognized  by  each  party  state.  To obtain or retain APRN
30    licensure/authority to practice as an APRN, an applicant must
31    meet the home state's qualifications for authority or renewal
32    of authority as well as all other applicable state laws.
33        (d)  The APRN multistate advanced practice privilege does
 
HB2280 Engrossed            -19-     LRB093 06695 AMC 06829 b
 1    not include prescriptive authority, and does not  affect  any
 2    requirements  imposed  by  states to grant to an APRN initial
 3    and continuing  prescriptive  authority  according  to  state
 4    practice  laws. However, a party state may grant prescriptive
 5    authority to an individual  on  the  basis  of  a  multistate
 6    advanced  practice privilege to the extent permitted by state
 7    practice laws.
 8        (e)  A party state may,  in  accordance  with  state  due
 9    process   laws,  limit  or  revoke  the  multistate  advanced
10    practice privilege in the party state and may take any  other
11    necessary  actions under the party state's applicable laws to
12    protect the health and safety of the party state's  citizens.
13    If a party state takes action, the party state shall promptly
14    notify   the   administrator  of  the  coordinated  licensure
15    information system.  The  administrator  of  the  coordinated
16    licensure  information  system shall promptly notify the home
17    state of any such actions by remote states.
18        (f)  An APRN practicing in a party state must comply with
19    the state practice laws of the state in which the patient  is
20    located  at  the  time  care  is  provided. The APRN practice
21    includes patient  care  and  all  advanced  nursing  practice
22    defined  by  the  party  state's  practice  laws.   The  APRN
23    practice  will  subject  an  APRN  to the jurisdiction of the
24    licensing board, the courts, and the laws of the party state.
25        (g)  Individuals not residing in a party state may  apply
26    for APRN licensure/authority to practice as an APRN under the
27    laws  of  a  party  state. However, the authority to practice
28    granted to  these  individuals  will  not  be  recognized  as
29    granting  the  privilege  to practice as an APRN in any other
30    party state unless explicitly agreed to by that party state.

31                             ARTICLE IV
32              Applications for APRN Licensure/Authority
33                    to Practice in a Party State
 
HB2280 Engrossed            -20-     LRB093 06695 AMC 06829 b
 1        (a)  Once an application for APRN licensure/authority  to
 2    practice is submitted, a party state shall ascertain, through
 3    the Coordinated Licensure Information System, whether:
 4             (1)  The  applicant  has  held or is the holder of a
 5        nursing license/authority to practice issued  by  another
 6        state;
 7             (2)  The  applicant  has  had  a history of previous
 8        disciplinary action by any state;
 9             (3)  An encumbrance exists on any  license/authority
10        to practice; and
11             (4)  Any other adverse action by any other state has
12        been taken against a license/authority to practice.
13        This  information  may be used in approving or denying an
14    application for APRN licensure/authority to practice.
15        (b)  An  APRN  in  a  party   state   shall   hold   APRN
16    licensure/authority  to practice in only one party state at a
17    time, issued by the home state.
18        (c)  An APRN who  intends  to  change  primary  state  of
19    residence  may apply for APRN licensure/authority to practice
20    in the new home state in advance of  such  change.   However,
21    new  licensure/authority  to practice will not be issued by a
22    party state until after an APRN provides evidence  of  change
23    in  primary  state  of residence satisfactory to the new home
24    state's licensing board.
25        (d)  When an APRN changes primary state of residence by:
26             (1)  Moving between two party  states,  and  obtains
27        APRN  licensure/authority  to  practice from the new home
28        state, the APRN licensure/authority to practice from  the
29        former home state is no longer valid;
30             (2)  Moving from a non-party state to a party state,
31        and obtains APRN licensure/authority to practice from the
32        new  home  state,  the individual state license issued by
33        the non-party state is not affected and  will  remain  in
34        full  force  if  so provided by the laws of the non-party
 
HB2280 Engrossed            -21-     LRB093 06695 AMC 06829 b
 1        state;
 2             (3)  Moving from a party state to a non-party state,
 3        the APRN licensure/authority to practice  issued  by  the
 4        prior home state converts to an individual state license,
 5        valid   only  in  the  former  home  state,  without  the
 6        multistate licensure privilege to practice in other party
 7        states.

 8                              ARTICLE V
 9                           Adverse Actions

10        In  addition  to  the  General  Provisions  described  in
11    Article III, the following provisions apply:
12        (a)  The licensing board of a remote state shall promptly
13    report to the  administrator  of  the  coordinated  licensure
14    information  system  any  remote  state actions including the
15    factual and legal  basis  for  such  action,  if  known.  The
16    licensing  board of a remote state shall also promptly report
17    any significant  current  investigative  information  yet  to
18    result  in  a  remote  state action. The administrator of the
19    coordinated  licensure  information  system  shall   promptly
20    notify the home state of any such reports.
21        (b)  The  licensing board of a party state shall have the
22    authority to complete any pending investigations for an  APRN
23    who  changes  primary state of residence during the course of
24    such investigations. It shall also have the authority to take
25    appropriate  action(s),  and  shall   promptly   report   the
26    conclusions  of  such  investigations to the administrator of
27    the   coordinated   licensure   information    system.    The
28    administrator of the coordinated licensure information system
29    shall promptly notify the new home state of any such actions.
30        (c)  A remote state may take adverse action affecting the
31    multistate  advanced  practice  privilege  to practice within
32    that party state. However, only the home state shall have the
33    power   to   impose   adverse   action   against   the   APRN
 
HB2280 Engrossed            -22-     LRB093 06695 AMC 06829 b
 1    licensure/authority to practice issued by the home state.
 2        (d)  For  purposes  of  imposing  adverse   action,   the
 3    licensing  board  of  the  home  state  shall  give  the same
 4    priority and effect  to  reported  conduct  received  from  a
 5    remote  state as it would if such conduct had occurred within
 6    the home state. In so doing, it shall  apply  its  own  state
 7    laws to determine appropriate action.
 8        (e)  The  home state may take adverse action based on the
 9    factual findings of the remote state, so long as  each  state
10    follows its own procedures for imposing such adverse action.
11        (f)  Nothing  in  this  Compact  shall  override  a party
12    state's decision that participation in an alternative program
13    may  be  used  in  lieu  of  adverse  action  and  that  such
14    participation shall remain  non-public  if  required  by  the
15    party state's laws. Party states must require APRNs who enter
16    any  alternative  programs  to  agree  not to practice in any
17    other party  state during the term of the alternative program
18    without prior authorization from such other party state.
19        (g)  All home state licensing board disciplinary  orders,
20    agreed  or  otherwise,  which  limit  the scope of the APRN's
21    practice or require monitoring of the APRN as a condition  of
22    the  order  shall include the requirements that the APRN will
23    limit her or his  practice  to  the  home  state  during  the
24    pendency of the order. This requirement may allow the APRN to
25    practice   in   other   party   states   with  prior  written
26    authorization from  both  the  home  state  and  party  state
27    licensing boards.

28                             ARTICLE VI
29           Additional Authorities Invested in Party State
30                          Licensing Boards

31        Notwithstanding  any  other powers, party state licensing
32    boards shall have the authority to:
33        (a)  If otherwise permitted by state  law,  recover  from
 
HB2280 Engrossed            -23-     LRB093 06695 AMC 06829 b
 1    the affected APRN the costs of investigations and disposition
 2    of cases resulting from any adverse action taken against that
 3    APRN;
 4        (b)  Issue    subpoenas    for    both    hearings    and
 5    investigations, which require the attendance and testimony of
 6    witnesses,  and  the production of evidence. Subpoenas issued
 7    by a licensing board in a party state for the attendance  and
 8    testimony  of  witnesses,  and/or  the production of evidence
 9    from another party state, shall be  enforced  in  the  latter
10    state  by  any  court of competent jurisdiction, according to
11    the practice  and  procedure  of  that  court  applicable  to
12    subpoenas  issued  in  proceedings  pending  before  it.  The
13    issuing   authority   shall  pay  any  witness  fees,  travel
14    expenses, mileage and other  fees  required  by  the  service
15    statutes of the state where the witnesses and/or evidence are
16    located;
17        (c)  Issue  cease and desist orders to limit or revoke an
18    APRN's privilege or licensure/authority to practice in  their
19    state; and
20        (d)  Promulgate uniform rules and regulations as provided
21    for in Article VIII(c).

22                             ARTICLE VII
23              Coordinated Licensure Information System

24        (a)  All  party states shall participate in a cooperative
25    effort to create a coordinated database of  all  APRNs.  This
26    system    will    include    information    on    the    APRN
27    licensure/authority  to  practice and disciplinary history of
28    each APRN, as contributed by party states, to assist  in  the
29    coordination  of  APRN  licensure/authority  to  practice and
30    enforcement efforts.
31        (b)  Notwithstanding any  other  provision  of  law,  all
32    party  states' licensing boards shall promptly report adverse
33    actions,  actions  against   multistate   advanced   practice
 
HB2280 Engrossed            -24-     LRB093 06695 AMC 06829 b
 1    privileges, any current significant investigative information
 2    yet to result in adverse action, denials of applications, and
 3    the  reasons  for  such denials, to the coordinated licensure
 4    information system.
 5        (c)  Current significant investigative information  shall
 6    be  transmitted through the coordinated licensure information
 7    system only to party state licensing boards.
 8        (d)  Notwithstanding any  other  provision  of  law,  all
 9    party  states'  licensing  boards contributing information to
10    the coordinated licensure information  system  may  designate
11    information  that  may not be shared with non-party states or
12    disclosed  to  other  entities  or  individuals  without  the
13    express permission of the contributing state.
14        (e)  Any personally identifiable information obtained  by
15    a   party   states'  licensing  board  from  the  coordinated
16    licensure information system may not be shared with non-party
17    states or disclosed to other entities or  individuals  except
18    to  the  extent  permitted  by  the  laws  of the party state
19    contributing the information.
20        (f)  Any  information  contributed  to  the   coordinated
21    licensure information system that is subsequently required to
22    be  expunged by the laws of the party state contributing that
23    information, shall also  be  expunged  from  the  coordinated
24    licensure information system.
25        (g)  The Compact administrators, acting jointly with each
26    other  and  in  consultation  with  the  administrator of the
27    coordinated licensure  information  system,  shall  formulate
28    necessary  and  proper  procedures  for  the  identification,
29    collection and exchange of information under this Compact.

30                            ARTICLE VIII
31        Compact Administration and Interchange of Information

32        (a)  The   head   of  the  licensing  board,  or  his/her
33    designee, of each party state shall be the  administrator  of
 
HB2280 Engrossed            -25-     LRB093 06695 AMC 06829 b
 1    this Compact for his/her state.
 2        (b)  The  Compact administrator of each party state shall
 3    furnish to the Compact  administrator  of  each  other  party
 4    state  any  information  and  documents  including,  but  not
 5    limited to, a uniform data set of investigations, identifying
 6    information,  licensure  data,  and  disclosable  alternative
 7    program   participation   information   to   facilitate   the
 8    administration of this Compact.
 9        (c)  Compact  administrators  shall have the authority to
10    develop  uniform   rules   to   facilitate   and   coordinate
11    implementation  of this Compact. These uniform rules shall be
12    adopted by party states, under the authority  invested  under
13    Article VI(d).

14                             ARTICLE IX
15                              Immunity

16        No  party state or the officers or employees or agents of
17    a party state's licensing board who acts in  accordance  with
18    the  provisions of this Compact shall be liable on account of
19    any act or omission  in  good  faith  while  engaged  in  the
20    performance of their duties under this Compact. Good faith in
21    this  article  shall  not  include  willful misconduct, gross
22    negligence, or recklessness.

23                              ARTICLE X
24             Entry into Force, Withdrawal and Amendment

25        (a)  This Compact  shall  enter  into  force  and  become
26    effective  as  to any state when it has been enacted into the
27    laws of that state. Any party state may  withdraw  from  this
28    Compact by enacting a statute repealing the same, but no such
29    withdrawal  shall  take  effect  until  six  months after the
30    withdrawing state has given notice of the withdrawal  to  the
31    executive heads of all other party states.
 
HB2280 Engrossed            -26-     LRB093 06695 AMC 06829 b
 1        (b)  No   withdrawal   shall   affect   the  validity  or
 2    applicability by the licensing  boards  of  states  remaining
 3    party  to  the  Compact  of  any  report  of  adverse  action
 4    occurring prior to the withdrawal.
 5        (c)  Nothing contained in this Compact shall be construed
 6    to  invalidate  or  prevent  any  APRN licensure/authority to
 7    practice agreement or other cooperative arrangement between a
 8    party state and a non-party state that is made in  accordance
 9    with the other provisions of this Compact.
10        (d)  This  Compact may be amended by the party states. No
11    amendment to this Compact shall become effective and  binding
12    upon the party states unless and until it is enacted into the
13    laws of all party states.

14                             ARTICLE XI
15                    Construction and Severability

16        (a)  This  Compact  shall be liberally construed so as to
17    effectuate the  purposes  thereof.  The  provisions  of  this
18    Compact  shall  be  severable  and  if  any  phrase,  clause,
19    sentence  or  provision  of  this  Compact  is declared to be
20    contrary to the constitution of any party  state  or  of  the
21    United States or the applicability thereof to any government,
22    agency,  person or circumstance is held invalid, the validity
23    of the  remainder  of  this  Compact  and  the  applicability
24    thereof  to  any  government,  agency, person or circumstance
25    shall not be affected thereby. If this Compact shall be  held
26    contrary  to the constitution of any state party thereto, the
27    Compact shall remain in full  force  and  effect  as  to  the
28    remaining party states and in full force and effect as to the
29    party state affected as to all severable matters.
30        (b)  In  the  event party states find a need for settling
31    disputes arising under this Compact:
32             (1)  The party  states  may  submit  the  issues  in
33        dispute  to  an arbitration panel which will be comprised
 
HB2280 Engrossed            -27-     LRB093 06695 AMC 06829 b
 1        of an individual appointed by the  Compact  administrator
 2        in the home state; an individual appointed by the Compact
 3        administrator  in  the  remote  state(s) involved; and an
 4        individual  mutually   agreed   upon   by   the   Compact
 5        administrators  of  all  the party states involved in the
 6        dispute.
 7             (2)  The decision of a majority of  the  arbitrators
 8        shall be final and binding.

 9        Section 10. Compact administrator; expenses.
10        (a)  The  Director of Professional Regulation shall serve
11    as the compact administrator for this State and any  expenses
12    he  or  she  incurs  in  so  serving  shall  be paid from the
13    appropriation for the ordinary and contingent expenses of the
14    Department of Professional Regulation.
15        (b)  The Director shall terminate Illinois' participation
16    in the compact if the  APRN  Uniform  Licensure/Authority  to
17    Practice  Requirements  are  substantially  changed after the
18    effective date of this Act. A substantial change is  anything
19    that   significantly   alters   the  individual  professional
20    qualifications for participation in the compact  such  as  no
21    longer   requiring   either   certification   by  a  national
22    accreditation body in the  APRN's  specialty  appropriate  to
23    educational  preparation  or  completion  of a graduate level
24    APRN   educational   program   accredited   by   a   national
25    accreditation body.  If  the  Director  terminates  Illinois'
26    participation in the compact, then the Director shall provide
27    all  APRNs  practicing  in  Illinois under the compact at the
28    time 60 days written notice of the termination.
29        (c)  All APRNs practicing in Illinois under  the  compact
30    at   the   time   of  registration  with  the  Department  of
31    Professional Regulation shall be required to sign a notarized
32    statement of understanding and agreement to  practice  within
33    the  scope  of  practice  requirements  for advanced practice
 
HB2280 Engrossed            -28-     LRB093 06695 AMC 06829 b
 1    nurses in Illinois under the Nursing  and  Advanced  Practice
 2    Nursing  Act.   The  Department  shall prepare the form to be
 3    used.

 4                             ARTICLE 90

 5        Section 90-5.  The Nursing and Advanced Practice  Nursing
 6    Act  is amended by changing Sections 5-10, 5-15, and 10-30 as
 7    follows:

 8        (225 ILCS 65/5-10)
 9        (Section scheduled to be repealed on January 1, 2008)
10        Sec. 5-10.  Definitions.  Each of  the  following  terms,
11    when  used in this Act, shall have the meaning ascribed to it
12    in this Section, except where the context  clearly  indicates
13    otherwise:
14        (a)  "Department"  means  the  Department of Professional
15    Regulation.
16        (b)  "Director"  means  the  Director   of   Professional
17    Regulation.
18        (c)  "Board"  means the Board of Nursing appointed by the
19    Director.
20        (d)  "Academic year" means the customary annual  schedule
21    of  courses  at  a  college,  university, or approved school,
22    customarily regarded as the school year as distinguished from
23    the calendar year.
24        (e)  "Approved program of professional nursing education"
25    and "approved program of  practical  nursing  education"  are
26    programs  of professional or practical nursing, respectively,
27    approved by the Department under the provisions of this Act.
28        (f)  "Nursing  Act  Coordinator"   means   a   registered
29    professional nurse appointed by the Director to carry out the
30    administrative policies of the Department.
31        (g)  "Assistant   Nursing   Act   Coordinator"   means  a
 
HB2280 Engrossed            -29-     LRB093 06695 AMC 06829 b
 1    registered professional nurse appointed by  the  Director  to
 2    assist  in  carrying  out  the administrative policies of the
 3    Department.
 4        (h)  "Registered" is the equivalent of "licensed".
 5        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
 6    means a person who is licensed as  a  practical  nurse  under
 7    this  Act  or  holds the privilege to practice under this Act
 8    and practices practical nursing as defined in  paragraph  (j)
 9    of  this Section.  Only a practical nurse licensed or granted
10    the privilege to practice under this Act is entitled  to  use
11    the  title  "licensed  practical  nurse" and the abbreviation
12    "L.P.N.".
13        (j)  "Practical nursing" means the performance of nursing
14    acts requiring the basic nursing  knowledge,  judgement,  and
15    skill   acquired  by  means  of  completion  of  an  approved
16    practical  nursing  education  program.   Practical   nursing
17    includes assisting in the nursing process as delegated by and
18    under  the direction of a registered professional nurse.  The
19    practical nurse may work under the direction  of  a  licensed
20    physician,   dentist,   podiatrist,   or  other  health  care
21    professional determined by the Department.
22        (k)  "Registered  Nurse"  or   "Registered   Professional
23    Nurse" means a person who is licensed as a professional nurse
24    under  this Act or holds the privilege to practice under this
25    Act and practices nursing as defined in paragraph (l) of this
26    Section.  Only a registered nurse  licensed  or  granted  the
27    privilege  to  practice under this Act is entitled to use the
28    titles "registered nurse" and "registered professional nurse"
29    and the abbreviation, "R.N.".
30        (l)  "Registered professional nursing practice"  includes
31    all  nursing  specialities  and  means the performance of any
32    nursing act based upon professional knowledge, judgment,  and
33    skills  acquired  by  means  of  completion  of  an  approved
34    registered   professional   nursing   education  program.   A
 
HB2280 Engrossed            -30-     LRB093 06695 AMC 06829 b
 1    registered   professional   nurse   provides   nursing   care
 2    emphasizing   the   importance   of   the   whole   and   the
 3    interdependence of its parts through the nursing  process  to
 4    individuals,  groups, families, or communities, that includes
 5    but is not limited  to:  (1)  the  assessment  of  healthcare
 6    needs,   nursing  diagnosis,  planning,  implementation,  and
 7    nursing  evaluation;  (2)  the  promotion,  maintenance,  and
 8    restoration of health;  (3)  counseling,  patient  education,
 9    health    education,    and   patient   advocacy;   (4)   the
10    administration of medications and treatments as prescribed by
11    a physician licensed to  practice  medicine  in  all  of  its
12    branches,  a  licensed  dentist,  a licensed podiatrist, or a
13    licensed  optometrist  or  as  prescribed  by   a   physician
14    assistant  in  accordance  with  written  guidelines required
15    under the Physician Assistant Practice Act of 1987 or  by  an
16    advanced   practice   nurse  in  accordance  with  a  written
17    collaborative  agreement  required  under  the  Nursing   and
18    Advanced  Practice  Nursing  Act;  (5)  the  coordination and
19    management of the nursing plan of care; (6) the delegation to
20    and supervision of  individuals  who  assist  the  registered
21    professional  nurse  implementing  the  plan of care; and (7)
22    teaching and supervision of nursing students.  The  foregoing
23    shall  not  be  deemed  to  include  those  acts  of  medical
24    diagnosis   or  prescription  of  therapeutic  or  corrective
25    measures that  are  properly  performed  only  by  physicians
26    licensed in the State of Illinois.
27        (m)  "Current  nursing  practice  update  course" means a
28    planned  nursing  education  curriculum   approved   by   the
29    Department  consisting  of  activities  that have educational
30    objectives, instructional methods, content or subject matter,
31    clinical practice, and evaluation methods, related  to  basic
32    review  and  updating  content  and  specifically planned for
33    those nurses previously licensed in the United States or  its
34    territories and preparing for reentry into nursing practice.
 
HB2280 Engrossed            -31-     LRB093 06695 AMC 06829 b
 1        (n)  "Professional assistance program for nurses" means a
 2    professional   assistance   program   that   meets   criteria
 3    established  by  the  Board  of  Nursing  and approved by the
 4    Director,  which  provides   a   non-disciplinary   treatment
 5    approach  for nurses licensed under this Act whose ability to
 6    practice is compromised  by  alcohol  or  chemical  substance
 7    addiction.
 8        (o)  "Privilege  to  practice" means the authorization to
 9    practice as a practical nurse or a registered  nurse  in  the
10    State under the Nurse Licensure Compact.
11        (p)  "License" or "licensed" means the permission granted
12    a  person  to  practice nursing under this Act, including the
13    privilege to practice.
14        (q)  "Licensee" means a person  who  has  been  issued  a
15    license  to  practice  nursing  in the state or who holds the
16    privilege to practice nursing in this State.
17    (Source: P.A. 90-61,  eff.  12-30-97;  90-248,  eff.  1-1-98;
18    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

19        (225 ILCS 65/5-15)
20        (Section scheduled to be repealed on January 1, 2008)
21        Sec. 5-15. Policy; application of Act. For the protection
22    of  life  and  the promotion of health, and the prevention of
23    illness and communicable diseases, any person  practicing  or
24    offering  to  practice  professional and practical nursing in
25    Illinois shall submit evidence that he or she is qualified to
26    practice, and shall be licensed  or  hold  the  privilege  to
27    practice  as  provided  under  this  Act.   No  person  shall
28    practice  or  offer  to  practice  professional  or practical
29    nursing in Illinois or use any title, sign, card or device to
30    indicate that such a person  is  practicing  professional  or
31    practical  nursing  unless  such  person has been licensed or
32    holds the privilege to practice under the provisions of  this
33    Act.
 
HB2280 Engrossed            -32-     LRB093 06695 AMC 06829 b
 1        This Act does not prohibit the following:
 2             (a)  The  practice  of nursing in Federal employment
 3        in the discharge of the employee's duties by a person who
 4        is employed  by  the  United  States  government  or  any
 5        bureau,  division  or  agency  thereof  and  is a legally
 6        qualified  and  licensed  nurse  of  another   state   or
 7        territory  and not in conflict with Sections 10-5, 10-30,
 8        and 10-45 of this Act.
 9             (b)  Nursing that is included in  their  program  of
10        study  by  students enrolled in programs of nursing or in
11        current nurse practice update  courses  approved  by  the
12        Department.
13             (c)  The  furnishing  of  nursing  assistance  in an
14        emergency.
15             (d)  The practice of nursing by a nurse who holds an
16        active license in another state when  providing  services
17        to patients in Illinois during a bonafide emergency or in
18        immediate preparation for or during interstate transit.
19             (e)  The  incidental  care of the sick by members of
20        the family, domestic servants or housekeepers, or care of
21        the sick where treatment is by prayer or spiritual means.
22             (f)  Persons from being employed as  nursing  aides,
23        attendants,  orderlies,  and  other  auxiliary workers in
24        private homes,  long  term  care  facilities,  nurseries,
25        hospitals or other institutions.
26             (g)  The  practice  of  practical nursing by one who
27        has applied in writing to  the  Department  in  form  and
28        substance  satisfactory  to the Department, for a license
29        as a licensed practical nurse and who has  complied  with
30        all  the  provisions  under  Section  10-30,  except  the
31        passing  of an examination to be eligible to receive such
32        license, until:  the decision of the Department that  the
33        applicant   has   failed   to  pass  the  next  available
34        examination authorized by the Department or  has  failed,
 
HB2280 Engrossed            -33-     LRB093 06695 AMC 06829 b
 1        without  an  approved  excuse, to take the next available
 2        examination authorized by the  Department  or  until  the
 3        withdrawal  of  the  application,  but  not  to  exceed 3
 4        months.  No applicant for licensure practicing under  the
 5        provisions  of  this  paragraph  shall practice practical
 6        nursing  except  under  the  direct  supervision   of   a
 7        registered  professional nurse licensed under this Act or
 8        a licensed  physician,  dentist  or  podiatrist.   In  no
 9        instance shall any such applicant practice or be employed
10        in any supervisory capacity.
11             (h)  The practice of practical nursing by one who is
12        a licensed practical nurse under the laws of another U.S.
13        jurisdiction   and   has   applied   in  writing  to  the
14        Department, in form and  substance  satisfactory  to  the
15        Department,  for  a license as a licensed practical nurse
16        and who  is  qualified  to  receive  such  license  under
17        Section 10-30, until (1) the expiration of 6 months after
18        the   filing   of   such  written  application,  (2)  the
19        withdrawal of such application, or (3) the denial of such
20        application by the Department.
21             (i)  The practice of professional nursing by one who
22        has applied in writing to  the  Department  in  form  and
23        substance satisfactory to the Department for a license as
24        a registered professional nurse and has complied with all
25        the  provisions under Section 10-30 except the passing of
26        an examination to be eligible to  receive  such  license,
27        until   the decision of the Department that the applicant
28        has  failed  to  pass  the  next  available   examination
29        authorized  by  the  Department or has failed, without an
30        approved excuse, to take the next  available  examination
31        authorized  by  the Department or until the withdrawal of
32        the  application,  but  not  to  exceed  3  months.    No
33        applicant  for  licensure practicing under the provisions
34        of this paragraph  shall  practice  professional  nursing
 
HB2280 Engrossed            -34-     LRB093 06695 AMC 06829 b
 1        except  under  the  direct  supervision  of  a registered
 2        professional  nurse  licensed  under  this  Act.   In  no
 3        instance shall any such applicant practice or be employed
 4        in any supervisory capacity.
 5             (j)  The practice of professional nursing by one who
 6        is a registered professional  nurse  under  the  laws  of
 7        another  state, territory of the United States or country
 8        and has applied in writing to the Department, in form and
 9        substance satisfactory to the Department, for  a  license
10        as  a  registered professional nurse and who is qualified
11        to receive such license under Section 10-30,  until   (1)
12        the  expiration  of  6  months  after  the filing of such
13        written  application,  (2)   the   withdrawal   of   such
14        application, or (3) the denial of such application by the
15        Department.
16             (k)  The  practice  of  professional nursing that is
17        included in a program of study by one who is a registered
18        professional nurse under the laws  of  another  state  or
19        territory  of  the  United  States  or  foreign  country,
20        territory  or  province and who is enrolled in a graduate
21        nursing education program or a program for the completion
22        of a baccalaureate nursing degree in  this  State,  which
23        includes clinical supervision by faculty as determined by
24        the  educational institution offering the program and the
25        health care organization where the  practice  of  nursing
26        occurs.   The  educational institution will file with the
27        Department each academic term a list  of  the  names  and
28        origin  of  license of all professional nurses practicing
29        nursing as part of their programs under this provision.
30             (l)  Any person licensed in  this  State  under  any
31        other  Act from engaging in the practice for which she or
32        he is licensed.
33             (m)  Delegation  to  authorized  direct  care  staff
34        trained under Section  15.4  of  the  Mental  Health  and
 
HB2280 Engrossed            -35-     LRB093 06695 AMC 06829 b
 1        Developmental Disabilities Administrative Act.
 2        An  applicant for license practicing under the exceptions
 3    set forth in subparagraphs (g), (h), (i),  and  (j)  of  this
 4    Section  shall  use  the title R.N. Lic. Pend. or L.P.N. Lic.
 5    Pend. respectively and no other.
 6    (Source: P.A. 90-61,  eff.  12-30-97;  90-248,  eff.  1-1-98;
 7    90-655,  eff.  7-30-98;  90-742,  eff.  8-13-98; 91-630, eff.
 8    8-19-99.)

 9        (225 ILCS 65/10-30)
10        (Section scheduled to be repealed on January 1, 2008)
11        Sec. 10-30.  Qualifications for licensure.
12        (a)  Each   applicant   who   successfully   meets    the
13    requirements  of  this Section shall be entitled to licensure
14    as a Registered Nurse or Licensed Practical Nurse,  whichever
15    is applicable.
16        (b)  An   applicant   for  licensure  by  examination  to
17    practice as a registered nurse or  licensed  practical  nurse
18    shall:
19             (1)  submit  a  completed  written  application,  on
20        forms  provided by the Department and fees as established
21        by the Department;
22             (2)  for registered nurse licensure, have  graduated
23        from a professional nursing education program approved by
24        the Department;
25             (2.5)  for  licensed practical nurse licensure, have
26        graduate  from  a  practical  nursing  education  program
27        approved by the Department;
28             (3)  have not violated  the  provisions  of  Section
29        10-45   of  this  Act.   The  Department  may  take  into
30        consideration any felony conviction of the applicant, but
31        such a conviction shall not operate as an absolute bar to
32        licensure;
33             (4)  meet all other requirements as  established  by
 
HB2280 Engrossed            -36-     LRB093 06695 AMC 06829 b
 1        rule;
 2             (5)  pay, either to the Department or its designated
 3        testing service, a fee covering the cost of providing the
 4        examination. Failure to appear for the examination on the
 5        scheduled  date at the time and place specified after the
 6        applicant's application for examination has been received
 7        and acknowledged by  the  Department  or  the  designated
 8        testing  service  shall  result  in the forfeiture of the
 9        examination fee.
10        If an applicant neglects, fails, or refuses  to  take  an
11    examination  or  fails  to  pass an examination for a license
12    under this Act within 3 years after filing  the  application,
13    the  application shall be denied.  However, the applicant may
14    make a new application accompanied by the  required  fee  and
15    provide  evidence of meeting the requirements in force at the
16    time of the new application.
17        An  applicant  may  take  and  successfully  complete   a
18    Department-approved   examination  in  another  jurisdiction.
19    However, an applicant who has never been licensed  previously
20    in  any  jurisdiction  that  utilizes  a  Department-approved
21    examination  and  who  has  taken  and  failed  to  pass  the
22    examination  within 3 years after filing the application must
23    submit    proof    of    successful    completion    of     a
24    Department-authorized    nursing    education    program   or
25    recompletion of an approved  registered  nursing  program  or
26    licensed  practical nursing program, as appropriate, prior to
27    re-application.
28        An applicant  shall  have  one  year  from  the  date  of
29    notification  of  successful completion of the examination to
30    apply to the Department for a license.  If an applicant fails
31    to apply within one year, the applicant shall be required  to
32    again  take  and  pass  the  examination  unless  licensed in
33    another jurisdiction of the United States within one year  of
34    passing the examination.
 
HB2280 Engrossed            -37-     LRB093 06695 AMC 06829 b
 1        (c)  An  applicant  for licensure by endorsement who is a
 2    registered professional nurse or a licensed  practical  nurse
 3    licensed  by  examination  under the laws of another state or
 4    territory  of  the  United  States  or  a  foreign   country,
 5    jurisdiction, territory, or province shall:
 6             (1)  submit  a  completed  written  application,  on
 7        forms supplied by the Department, and fees as established
 8        by the Department;
 9             (2)  for  registered nurse licensure, have graduated
10        from a professional nursing education program approved by
11        the Department;
12             (2.5)  for licensed practical nurse licensure,  have
13        graduated  from  a  practical  nursing  education program
14        approved by the Department;
15             (3)  submit   verification   of   licensure   status
16        directly  from  the   United   States   jurisdiction   of
17        licensure, if applicable, as defined by rule;
18             (4)  have  passed  the examination authorized by the
19        Department;
20             (5)  meet all other requirements as  established  by
21        rule.
22        (d)  All   applicants   for  registered  nurse  licensure
23    pursuant to item (2)  of  subsection  (b)  and  item  (2)  of
24    subsection  (c)  of this Section who are graduates of nursing
25    educational programs in  a  country  other  than  the  United
26    States  or  its  territories  must  submit  to the Department
27    certification of successful completion of the  Commission  of
28    Graduates  of Foreign Nursing Schools (CGFNS) examination. An
29    applicant who is unable to provide appropriate  documentation
30    to satisfy CGFNS of her or his educational qualifications for
31    the   CGFNS   examination   shall  be  required  to  pass  an
32    examination to test competency in the English language, which
33    shall be prescribed by the Department, if  the  applicant  is
34    determined  by  the  Board  to  be  educationally prepared in
 
HB2280 Engrossed            -38-     LRB093 06695 AMC 06829 b
 1    nursing.  The Board shall make appropriate inquiry  into  the
 2    reasons  for any adverse determination by CGFNS before making
 3    its own decision.
 4        An applicant licensed in another state or  territory  who
 5    is  applying  for  licensure  and  has  received  her  or his
 6    education in a country other than the United  States  or  its
 7    territories  shall  be  exempt  from  the  completion  of the
 8    Commission of Graduates of Foreign  Nursing  Schools  (CGFNS)
 9    examination  if  the  applicant  meets  all  of the following
10    requirements:
11             (1)  successful passage of the licensure examination
12        authorized by the Department;
13             (2)  holds  an  active,  unencumbered   license   in
14        another state; and
15             (3)  has been actively practicing for a minimum of 2
16        years in another state.
17        (e)  (Blank).
18        (f)  Pending  the  issuance of a license under subsection
19    (c) of this Section, the Department may grant an applicant  a
20    temporary  license  to practice nursing as a registered nurse
21    or as  a  licensed  practical  nurse  if  the  Department  is
22    satisfied  that  the  applicant holds an active, unencumbered
23    license in good standing in  another  jurisdiction.   If  the
24    applicant  holds more than one current active license, or one
25    or more active temporary licenses from  other  jurisdictions,
26    the  Department  shall not issue a temporary license until it
27    is satisfied that each current active  license  held  by  the
28    applicant  is  unencumbered.   The  temporary  license, which
29    shall be issued no  later  than  14  working  days  following
30    receipt by the Department of an application for the temporary
31    license,   shall  be  granted  upon  the  submission  of  the
32    following to the Department:
33             (1)  a  signed   and   completed   application   for
34        licensure  under  subsection  (a)  of  this  Section as a
 
HB2280 Engrossed            -39-     LRB093 06695 AMC 06829 b
 1        registered nurse or a licensed practical nurse;
 2             (2)  proof of a current, active license in at  least
 3        one other jurisdiction and proof that each current active
 4        license or temporary license held by the applicant within
 5        the last 5 years is unencumbered;
 6             (3)  a   signed  and  completed  application  for  a
 7        temporary license; and
 8             (4)  the required temporary license fee.
 9        (g)  The Department may refuse to issue  an  applicant  a
10    temporary  license  authorized  pursuant  to this Section if,
11    within  14  working  days  following  its   receipt   of   an
12    application   for   a   temporary   license,  the  Department
13    determines that:
14             (1)  the applicant has been  convicted  of  a  crime
15        under  the  laws  of a jurisdiction of the United States:
16        (i) which is a felony; or (ii)  which  is  a  misdemeanor
17        directly  related  to  the  practice  of  the profession,
18        within the last 5 years;
19             (2)  within the last 5 years the applicant has had a
20        license or permit related  to  the  practice  of  nursing
21        revoked,  suspended,  or  placed  on probation by another
22        jurisdiction,  if  at  least  one  of  the  grounds   for
23        revoking, suspending, or placing on probation is the same
24        or substantially equivalent to grounds in Illinois; or
25             (3)  it intends to deny licensure by endorsement.
26        For  purposes  of this Section, an "unencumbered license"
27    means a license against which no disciplinary action has been
28    taken or is pending and for which all fees  and  charges  are
29    paid and current.
30        (h)  The Department may revoke a temporary license issued
31    pursuant to this Section if:
32             (1)  it  determines  that  the  applicant  has  been
33        convicted of a crime under the law of any jurisdiction of
34        the  United  States  that  is  (i)  a  felony  or  (ii) a
 
HB2280 Engrossed            -40-     LRB093 06695 AMC 06829 b
 1        misdemeanor directly  related  to  the  practice  of  the
 2        profession, within the last 5 years;
 3             (2)  it  determines that within the last 5 years the
 4        applicant has had a license  or  permit  related  to  the
 5        practice  of  nursing  revoked,  suspended,  or placed on
 6        probation by another jurisdiction, if at least one of the
 7        grounds for revoking, suspending, or placing on probation
 8        is the same or substantially  equivalent  to  grounds  in
 9        Illinois; or
10             (3)  it determines that it intends to deny licensure
11        by endorsement.
12        A  temporary  license shall expire 6 months from the date
13    of  issuance.   Further  renewal  may  be  granted   by   the
14    Department  in  hardship  cases,  as defined by rule and upon
15    approval of the Director. However, a temporary license  shall
16    automatically expire upon issuance of the Illinois license or
17    upon   notification  that  the  Department  intends  to  deny
18    licensure, whichever occurs first.
19        (i)  Applicants have 3 years from the date of application
20    to complete the application process. If the process  has  not
21    been  completed  within 3 years from the date of application,
22    the application shall be denied, the fee forfeited,  and  the
23    applicant must reapply and meet the requirements in effect at
24    the time of reapplication.
25        (j)  A  practical  nurse  licensed by a party state under
26    the Nurse Licensure  Compact  is  granted  the  privilege  to
27    practice  practical nursing in this State. A registered nurse
28    licensed by a party state under the Nurse  Licensure  Compact
29    is  granted  the  privilege to practice registered nursing in
30    this State. A practical nurse or  registered  nurse  who  has
31    been  granted the privilege to practice nursing in this State
32    under this subsection, shall notify the Department, prior  to
33    commencing  employment  in  this  State  as  a  practical  or
34    registered nurse, of the identity and location of the nurse's
 
HB2280 Engrossed            -41-     LRB093 06695 AMC 06829 b
 1    prospective  employer.  A practical nurse or registered nurse
 2    who has been granted the privilege  to  practice  nursing  in
 3    this  State  under this subsection is subject to the schedule
 4    of fees authorized  under  Section  20-35  and  the  criminal
 5    background  check  required  under  Section 5-23 of this Act,
 6    provided that the practical or registered nurse may  exercise
 7    her  privilege to practice pending completion of the criminal
 8    background check.
 9    (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02.)

10                             ARTICLE 99

11        Section 99-5.  Effective date.   This  Act  takes  effect
12    upon becoming law.