Health Care Licenses Committee

Filed: 3/11/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2395

2     AMENDMENT NO. ______. Amend House Bill 2395 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Nurse Practice Act is amended by changing
5 Section 50-15 as follows:
 
6     (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
7     (Section scheduled to be repealed on January 1, 2018)
8     Sec. 50-15. Policy; application of Act.
9     (a) For the protection of life and the promotion of health,
10 and the prevention of illness and communicable diseases, any
11 person practicing or offering to practice advanced,
12 professional, or practical nursing in Illinois shall submit
13 evidence that he or she is qualified to practice, and shall be
14 licensed as provided under this Act. No person shall practice
15 or offer to practice advanced, professional, or practical
16 nursing in Illinois or use any title, sign, card or device to

 

 

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1 indicate that such a person is practicing professional or
2 practical nursing unless such person has been licensed under
3 the provisions of this Act.
4     (b) This Act does not prohibit the following:
5         (1) The practice of nursing in Federal employment in
6     the discharge of the employee's duties by a person who is
7     employed by the United States government or any bureau,
8     division or agency thereof and is a legally qualified and
9     licensed nurse of another state or territory and not in
10     conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
11     this Act.
12         (2) Nursing that is included in the program of study by
13     students enrolled in programs of nursing or in current
14     nurse practice update courses approved by the Department.
15         (3) The furnishing of nursing assistance in an
16     emergency.
17         (4) The practice of nursing by a nurse who holds an
18     active license in another state when providing services to
19     patients in Illinois during a bonafide emergency or in
20     immediate preparation for or during interstate transit.
21         (5) The incidental care of the sick by members of the
22     family, domestic servants or housekeepers, or care of the
23     sick where treatment is by prayer or spiritual means.
24         (6) Persons from being employed as unlicensed
25     assistive personnel in private homes, long term care
26     facilities, nurseries, hospitals or other institutions.

 

 

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1         (7) The practice of practical nursing by one who is a
2     licensed practical nurse under the laws of another U.S.
3     jurisdiction and has applied in writing to the Department,
4     in form and substance satisfactory to the Department, for a
5     license as a licensed practical nurse and who is qualified
6     to receive such license under this Act, until (i) the
7     expiration of 6 months after the filing of such written
8     application, (ii) the withdrawal of such application, or
9     (iii) the denial of such application by the Department.
10         (8) The practice of advanced practice nursing by one
11     who is an advanced practice nurse under the laws of another
12     state, territory of the United States, or country and has
13     applied in writing to the Department, in form and substance
14     satisfactory to the Department, for a license as an
15     advanced practice nurse and who is qualified to receive
16     such license under this Act, until (i) the expiration of 6
17     months after the filing of such written application, (ii)
18     the withdrawal of such application, or (iii) the denial of
19     such application by the Department.
20         (9) The practice of professional nursing by one who is
21     a registered professional nurse under the laws of another
22     state, territory of the United States or country and has
23     applied in writing to the Department, in form and substance
24     satisfactory to the Department, for a license as a
25     registered professional nurse and who is qualified to
26     receive such license under Section 55-10, until (1) the

 

 

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1     expiration of 6 months after the filing of such written
2     application, (2) the withdrawal of such application, or (3)
3     the denial of such application by the Department.
4         (10) The practice of professional nursing that is
5     included in a program of study by one who is a registered
6     professional nurse under the laws of another state or
7     territory of the United States or foreign country,
8     territory or province and who is enrolled in a graduate
9     nursing education program or a program for the completion
10     of a baccalaureate nursing degree in this State, which
11     includes clinical supervision by faculty as determined by
12     the educational institution offering the program and the
13     health care organization where the practice of nursing
14     occurs.
15         (11) Any person licensed in this State under any other
16     Act from engaging in the practice for which she or he is
17     licensed.
18         (12) Delegation to authorized direct care staff
19     trained under Section 15.4 of the Mental Health and
20     Developmental Disabilities Administrative Act consistent
21     with the policies of the Department.
22         (13) County correctional personnel from delivering
23     prepackaged medication for self-administration to an
24     individual detainee in a correctional facility.
25     Nothing in this Act shall be construed to limit the
26 delegation of tasks or duties by a physician, dentist, or

 

 

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1 podiatrist to a licensed practical nurse, a registered
2 professional nurse, or other persons.
3 (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.".