093_HB2553eng HB2553 Engrossed LRB093 06488 AMC 06613 b 1 AN ACT concerning nursing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing and Advanced Practice Nursing Act 5 is amended by changing Section 10-30 as follows: 6 (225 ILCS 65/10-30) 7 (Section scheduled to be repealed on January 1, 2008) 8 Sec. 10-30. Qualifications for licensure. 9 (a) Each applicant who successfully meets the 10 requirements of this Section shall be entitled to licensure 11 as a Registered Nurse or Licensed Practical Nurse, whichever 12 is applicable. 13 (b) An applicant for licensure by examination to 14 practice as a registered nurse or licensed practical nurse 15 shall: 16 (1) submit a completed written application, on 17 forms provided by the Department and fees as established 18 by the Department; 19 (2) for registered nurse licensure, have graduated, 20 or will graduate prior to testing, from a professional 21 nursing education program approved by the Department. 22 Proof of graduation must be submitted to the Department 23 prior to testing; 24 (2.5) for licensed practical nurse licensure, have 25 graduated, or will graduate prior to testing,graduate26 from a practical nursing education program approved by 27 the Department. Proof of graduation must be submitting 28 to the Department prior to testing; 29 (3) have not violated the provisions of Section 30 10-45 of this Act. The Department may take into 31 consideration any felony conviction of the applicant, but HB2553 Engrossed -2- LRB093 06488 AMC 06613 b 1 such a conviction shall not operate as an absolute bar to 2 licensure; 3 (4) meet all other requirements as established by 4 rule; 5 (5) pay, either to the Department or its designated 6 testing service, a fee covering the cost of providing the 7 examination. Failure to appear for the examination on the 8 scheduled date at the time and place specified after the 9 applicant's application for examination has been received 10 and acknowledged by the Department or the designated 11 testing service shall result in the forfeiture of the 12 examination fee. 13 If an applicant neglects, fails, or refuses to take an 14 examination or fails to pass an examination for a license 15 under this Act within 3 years after filing the application, 16 the application shall be denied. However, the applicant may 17 make a new application accompanied by the required fee and 18 provide evidence of meeting the requirements in force at the 19 time of the new application. 20 An applicant may take and successfully complete a 21 Department-approved examination in another jurisdiction. 22 However, an applicant who has never been licensed previously 23 in any jurisdiction that utilizes a Department-approved 24 examination and who has taken and failed to pass the 25 examination within 3 years after filing the application must 26 submit proof of successful completion of a 27 Department-authorized nursing education program or 28 recompletion of an approved registered nursing program or 29 licensed practical nursing program, as appropriate, prior to 30 re-application. 31 An applicant shall have one year from the date of 32 notification of successful completion of the examination to 33 apply to the Department for a license. If an applicant fails 34 to apply within one year, the applicant shall be required to HB2553 Engrossed -3- LRB093 06488 AMC 06613 b 1 again take and pass the examination unless licensed in 2 another jurisdiction of the United States within one year of 3 passing the examination. 4 (c) An applicant for licensure by endorsement who is a 5 registered professional nurse or a licensed practical nurse 6 licensed by examination under the laws of another state or 7 territory of the United States or a foreign country, 8 jurisdiction, territory, or province shall: 9 (1) submit a completed written application, on 10 forms supplied by the Department, and fees as established 11 by the Department; 12 (2) for registered nurse licensure, have graduated 13 from a professional nursing education program approved by 14 the Department; 15 (2.5) for licensed practical nurse licensure, have 16 graduated from a practical nursing education program 17 approved by the Department; 18 (3) submit verification of licensure status 19 directly from the United States jurisdiction of 20 licensure, if applicable, as defined by rule; 21 (4) have passed the examination authorized by the 22 Department; 23 (5) meet all other requirements as established by 24 rule. 25 (d) All applicants for registered nurse licensure 26 pursuant to item (2) of subsection (b) and item (2) of 27 subsection (c) of this Section who are graduates of nursing 28 educational programs in a country other than the United 29 States or its territories must submit to the Department 30 certification of successful completion of the Commission of 31 Graduates of Foreign Nursing Schools (CGFNS) examination. An 32 applicant who is unable to provide appropriate documentation 33 to satisfy CGFNS of her or his educational qualifications for 34 the CGFNS examination shall be required to pass an HB2553 Engrossed -4- LRB093 06488 AMC 06613 b 1 examination to test competency in the English language, which 2 shall be prescribed by the Department, if the applicant is 3 determined by the Board to be educationally prepared in 4 nursing. The Board shall make appropriate inquiry into the 5 reasons for any adverse determination by CGFNS before making 6 its own decision. 7 An applicant licensed in another state or territory who 8 is applying for licensure and has received her or his 9 education in a country other than the United States or its 10 territories shall be exempt from the completion of the 11 Commission of Graduates of Foreign Nursing Schools (CGFNS) 12 examination if the applicant meets all of the following 13 requirements: 14 (1) successful passage of the licensure examination 15 authorized by the Department; 16 (2) holds an active, unencumbered license in 17 another state; and 18 (3) has been actively practicing for a minimum of 2 19 years in another state. 20 (e) (Blank). 21 (f) Pending the issuance of a license under subsection 22 (c) of this Section, the Department may grant an applicant a 23 temporary license to practice nursing as a registered nurse 24 or as a licensed practical nurse if the Department is 25 satisfied that the applicant holds an active, unencumbered 26 license in good standing in another jurisdiction. If the 27 applicant holds more than one current active license, or one 28 or more active temporary licenses from other jurisdictions, 29 the Department shall not issue a temporary license until it 30 is satisfied that each current active license held by the 31 applicant is unencumbered. The temporary license, which 32 shall be issued no later than 14 working days following 33 receipt by the Department of an application for the temporary 34 license, shall be granted upon the submission of the HB2553 Engrossed -5- LRB093 06488 AMC 06613 b 1 following to the Department: 2 (1) a signed and completed application for 3 licensure under subsection (a) of this Section as a 4 registered nurse or a licensed practical nurse; 5 (2) proof of a current, active license in at least 6 one other jurisdiction and proof that each current active 7 license or temporary license held by the applicant within 8 the last 5 years is unencumbered; 9 (3) a signed and completed application for a 10 temporary license; and 11 (4) the required temporary license fee. 12 (g) The Department may refuse to issue an applicant a 13 temporary license authorized pursuant to this Section if, 14 within 14 working days following its receipt of an 15 application for a temporary license, the Department 16 determines that: 17 (1) the applicant has been convicted of a crime 18 under the laws of a jurisdiction of the United States: 19 (i) which is a felony; or (ii) which is a misdemeanor 20 directly related to the practice of the profession, 21 within the last 5 years; 22 (2) within the last 5 years the applicant has had a 23 license or permit related to the practice of nursing 24 revoked, suspended, or placed on probation by another 25 jurisdiction, if at least one of the grounds for 26 revoking, suspending, or placing on probation is the same 27 or substantially equivalent to grounds in Illinois; or 28 (3) it intends to deny licensure by endorsement. 29 For purposes of this Section, an "unencumbered license" 30 means a license against which no disciplinary action has been 31 taken or is pending and for which all fees and charges are 32 paid and current. 33 (h) The Department may revoke a temporary license issued 34 pursuant to this Section if: HB2553 Engrossed -6- LRB093 06488 AMC 06613 b 1 (1) it determines that the applicant has been 2 convicted of a crime under the law of any jurisdiction of 3 the United States that is (i) a felony or (ii) a 4 misdemeanor directly related to the practice of the 5 profession, within the last 5 years; 6 (2) it determines that within the last 5 years the 7 applicant has had a license or permit related to the 8 practice of nursing revoked, suspended, or placed on 9 probation by another jurisdiction, if at least one of the 10 grounds for revoking, suspending, or placing on probation 11 is the same or substantially equivalent to grounds in 12 Illinois; or 13 (3) it determines that it intends to deny licensure 14 by endorsement. 15 A temporary license shall expire 6 months from the date 16 of issuance. Further renewal may be granted by the 17 Department in hardship cases, as defined by rule and upon 18 approval of the Director. However, a temporary license shall 19 automatically expire upon issuance of the Illinois license or 20 upon notification that the Department intends to deny 21 licensure, whichever occurs first. 22 (i) Applicants have 3 years from the date of application 23 to complete the application process. If the process has not 24 been completed within 3 years from the date of application, 25 the application shall be denied, the fee forfeited, and the 26 applicant must reapply and meet the requirements in effect at 27 the time of reapplication. 28 (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.