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    AN ACT concerning education.

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


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



7
    (110 ILCS 975/2)  (from Ch. 144, par. 2752)



8
    Sec. 2. Legislative finding and declaration of policy. 
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    (a) The General Assembly finds and hereby declares that the 
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provision of a
higher education leading to an associate degree 
11
in nursing, an
associate
degree in applied sciences in nursing, 
12
a hospital-based diploma
in nursing, a
baccalaureate degree in 
13
nursing, a graduate degree in nursing, or a certificate in 
14
practical nursing for
persons of this State
who desire such an 
15
education is important to the health, welfare and
security of 
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this State and Nation, and consequently is an important public

17
purpose.  Many qualified and potential nurses
are deterred by 
18
financial considerations from pursuing their nursing

19
education, with consequent irreparable loss to the State and 
20
Nation of
talents vital to health, welfare and security.  A 
21
system of scholarships,
repayment of which may be excused if 
22
the individual is employed as a
registered professional
nurse 
23
or a licensed practical nurse after
obtaining an associate 
 


 






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degree in
nursing, associate degree in applied sciences in 
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nursing, hospital-based
diploma in nursing, baccalaureate 
3
degree in nursing, graduate degree in nursing, or certificate

4
in practical nursing, will enable such individuals
to attend 
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approved institutions of their choice in the State,
public or

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private.

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

 



16
    (110 ILCS 975/3)  (from Ch. 144, par. 2753)


17
    Sec. 3. Definitions. 

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    The following terms, whenever used or referred to, have the 
19
following
meanings except where the context clearly indicates 
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otherwise:

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    (1) "Board" means the Board of Higher Education created by 
22
the Board
of Higher Education Act.

23
    (2) "Department" means the Illinois Department of Public 
24
Health.

25
    (3) "Approved institution" means a public community 
 


 






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college, private
junior college, hospital-based diploma in 
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nursing
program, or public or private
college or university 
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located in this State that has approval by the Department of 
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Professional
Regulation for an associate degree in nursing

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program,
associate degree in applied
sciences in nursing 
6
program, hospital-based diploma in nursing
program,

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

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

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

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

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    (7) "Associate degree in nursing program or hospital-based 
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diploma in
nursing program" means a program
offered by an 
21
approved institution and leading to an associate
degree in

22
nursing, associate degree in applied sciences in nursing, or

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hospital-based diploma in nursing.

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


 






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doctorate of nursing degree in nursing.

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    (9) "Director" means the Director of the Illinois 
3
Department of Public
Health.

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

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baccalaureate degree in nursing program, graduate degree in 
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nursing program, or
certificate in practical nursing program at 
10
an approved institution, as
documented by the
institution.

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    (11) "Fees" means those mandatory charges, in addition to 
12
tuition, that
all enrolled students must pay, including 
13
required course or lab fees.

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

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

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    (14) "Nursing employment obligation" means employment in 
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this State as a
registered
professional
nurse, or licensed 
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practical nurse, or advanced practice nurse in direct patient 
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care
or as a nurse educator in the case of a graduate degree in 
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nursing program recipient for at least one year for each year 
23
of scholarship assistance received through
the Nursing

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Education Scholarship Program.

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    (15) "Part-time student" means a person who is enrolled for 
26
at least
one-third of the number of hours required per term by 
 


 






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a school for its
full-time students.

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

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

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    (18) "Licensed practical nurse" means a
person who is 
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currently licensed as a licensed practical nurse
by the 
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Department of Professional
Regulation under the Nurse Practice 
12
Act.

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    (19) "School term" means an academic term, such as a 
14
semester, quarter,
trimester, or number of clock hours, as 
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defined by an approved institution.

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

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    (21) "Total and permanent disability" means a physical or 
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mental impairment,
disease, or loss of a permanent nature that 
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prevents nursing employment with or
without reasonable 
22
accommodation.  Proof of disability shall be a declaration
from 
23
the social security administration, Illinois Workers' 
24
Compensation Commission,
Department of Defense, or an insurer 
25
authorized to transact business in
Illinois who is providing 
26
disability insurance coverage to a contractor.

 


 






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    (22) "Tuition" means the established charges of an 
2
institution of higher
learning for instruction at that 
3
institution.

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

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    (24) "Nurse educator employment obligation" means 
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employment in this State as a nurse educator for at least 2 
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years for each year of scholarship assistance received under 
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Section 6.5 of this Law. 
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    Rulemaking authority to implement this amendatory Act of 
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the 96th General Assembly, if any, is conditioned on the rules 
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being adopted in accordance with all provisions of the Illinois 
18
Administrative Procedure Act and all rules and procedures of 
19
the Joint Committee on Administrative Rules; any purported rule 
20
not so adopted, for whatever reason, is unauthorized. 
21
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)

 
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    (110 ILCS 975/6.5  new)
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    Sec. 6.5. Nurse educator scholarships.
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    (a)  Beginning with the fall term of the 2009-2010 academic 
25
year, the Department shall provide scholarships to individuals 
 


 






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selected from among those applicants who qualify for 
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consideration by showing the following:
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        (1) that he or she has been a resident of this State 
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    for at least one year prior to application and is a citizen 
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    or a lawful permanent resident alien of the United States;
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        (2) that he or she is enrolled in or accepted for 
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    admission to a graduate degree in nursing program at an 
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    approved institution; and
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        (3) that he or she agrees to meet the nurse educator 
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    employment obligation.
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    (b) If in any year the number of qualified applicants 
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exceeds the number of scholarships to be awarded under this 
13
Section, the Department shall, in consultation with the Center 
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for Nursing Advisory Board, consider the following factors in 
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granting priority in awarding scholarships:
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        (1) Financial need, as shown on a standardized 
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    financial needs assessment form used by an approved 
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    institution, of students who will pursue their education on 
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    a full-time or close to full-time basis and who already 
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    have a diploma in nursing and are pursuing a higher degree.
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        (2) A student's status as a registered nurse who is 
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    pursuing a graduate degree in nursing to pursue employment 
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    in an approved institution that educates licensed 
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    practical nurses and that educates registered nurses in 
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    undergraduate and graduate nursing programs.
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        (3) A student's merit, as shown through his or her 
 


 






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    grade point average, class rank, experience as a nurse, 
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    including supervisory experience, experience as a nurse in 
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    the United States military, and other academic and 
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    extracurricular activities.
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    (c)  Unless otherwise indicated, scholarships under this 
6
Section shall be awarded to recipients at approved institutions 
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for a period of up to 3 years.
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    (d)  Within 12 months after graduation from a graduate 
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degree in nursing program for nurse educators, any recipient 
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who accepted a scholarship under this Section shall begin 
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meeting the required nurse educator employment obligation. In 
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order to defer his or her continuous employment obligation, a 
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recipient must request the deferment in writing from the 
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Department. A recipient shall receive a deferment if he or she 
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notifies the Department, within 30 days after enlisting, that 
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he or she is spending up to 4 years in military service. A 
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recipient shall receive a deferment if he or she notifies the 
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Department, within 30 days after enrolling, that he or she is 
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enrolled in an academic program leading to a graduate degree in 
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nursing.  The recipient must begin meeting the required nurse 
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educator employment obligation no later than 6 months after the 
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end of the deferment or deferments.
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    Any person who fails to fulfill the nurse educator 
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employment obligation shall pay to the Department an amount 
25
equal to the amount of scholarship funds received per year for 
26
each unfulfilled year of the nurse educator employment 
 


 






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obligation, together with interest at 7% per year on the unpaid 
2
balance. Payment must begin within 6 months following the date 
3
of the occurrence initiating the repayment. All repayments must 
4
be completed within 6 years from the date of the occurrence 
5
initiating the repayment. However, this repayment obligation 
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may be deferred and re-evaluated every 6 months when the 
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failure to fulfill the nurse educator employment obligation 
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results from involuntarily leaving the profession due to a 
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decrease in the number of nurses employed in this State or when 
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the failure to fulfill the nurse educator employment obligation 
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results from total and permanent disability. The repayment 
12
obligation shall be excused if the failure to fulfill the nurse 
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educator employment obligation results from the death or 
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adjudication as incompetent of the person holding the 
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scholarship. No claim for repayment may be filed against the 
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estate of such a decedent or incompetent.
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    The Department may allow a nurse educator employment 
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obligation fulfillment alternative if the nurse educator 
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scholarship recipient is unsuccessful in finding work as a 
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nurse educator.  The Department shall maintain a database of all 
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available nurse educator positions in this State.
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    (e)  Each person applying for a scholarship under this 
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Section must be provided with a copy of this Section at the 
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time of application for the benefits of this scholarship.
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    (f) Rulemaking authority to implement this amendatory Act 
26
of the 96th General Assembly, if any, is conditioned on the 
 


 






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rules being adopted in accordance with all provisions of the 
2
Illinois Administrative Procedure Act and all rules and 
3
procedures of the Joint Committee on Administrative Rules; any 
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purported rule not so adopted, for whatever reason, is 
5
unauthorized. 
 
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    Section 10. The Nurse Practice Act is amended  by changing 
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Section 70-50 as follows:
 



8
    (225 ILCS 65/70-50)
  (was 225 ILCS 65/20-40)

9
    (Section scheduled to be repealed on January 1, 2018)

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

12
Nursing Dedicated and Professional Fund.  The monies in the Fund 
13
may be
used by and at the direction of the Department for the 
14
administration and
enforcement of this Act, including but not 
15
limited to:


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


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        (2) Employment of secretarial, nursing, 
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    administrative, enforcement, and
other staff for the 
19
    administration of this Act.


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    (b) Disposition of fees:

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        (1)  $5 of every licensure fee shall be placed in a fund 
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    for assistance to nurses enrolled in a diversionary program 
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    as approved by the Department.


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        (2) All of the fees, fines, and penalties
collected 
 


 






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    pursuant to
this Act shall be deposited in the Nursing 
2
    Dedicated and Professional Fund.


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        (3) Each fiscal year, the moneys deposited
in the 
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    Nursing Dedicated and Professional Fund shall be 
5
    appropriated to the
Department for expenses of the 
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    Department and the Board in the
administration of this Act.  
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    All earnings received from investment of
moneys in the 
8
    Nursing Dedicated and Professional Fund shall be
deposited 
9
    in the Nursing Dedicated and Professional Fund and shall be 
10
    used
for the same purposes as fees deposited in the Fund.


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        (4) For the fiscal year beginning July 1, 2009 2004 and 
12
    for
each fiscal
year thereafter, $2,000,000 $1,200,000 of 
13
    the moneys deposited in the
Nursing Dedicated
and 
14
    Professional Fund each year shall be set aside and 
15
    appropriated to the

Department of Public Health for nursing 
16
    scholarships awarded pursuant to
the Nursing Education 
17
    Scholarship Law.
Representatives
of the Department and the 
18
    Nursing Education Scholarship Program Advisory
Council 
19
    shall review this requirement and
the scholarship awards 
20
    every 2 years.


21
        (5) Moneys in the Fund may be transferred to the 
22
    Professions
Indirect Cost Fund as authorized under Section 
23
    2105-300 of the
Department of Professional Regulation Law 
24
    (20 ILCS 2105/2105-300).

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    (c)
(f) Moneys set aside for nursing scholarships awarded 
26
pursuant to
the Nursing Education Scholarship Law as provided 
 


 






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in item (4)
(iv) of subsection (b)
(e) of this Section may not 
2
be transferred under Section 8h of the State Finance Act.
3
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; 
4
revised 10-23-08.)

 

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    Section 99. Effective date. This Act takes effect upon 
6
becoming law.