Sen. Susan Garrett

Filed: 3/11/2005

 

 


 

 


 
09400SB0086sam001 LRB094 06895 RAS 43298 a

1
AMENDMENT TO SENATE BILL 86

2     AMENDMENT NO. ______. Amend Senate Bill 86 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Nursing and Advanced Practice Nursing Act
5 is amended by adding Title 25 as follows:
 
6     (225 ILCS 65/Tit. 25 heading new)
7
TITLE 25.
NURSE LICENSURE COMPACT

 
8     (225 ILCS 65/25-5 new)
9     (Section scheduled to be repealed on January 1, 2008)
10     Sec. 25-5. Nurse Licensure Compact. The State of Illinois
11 ratifies and approves the Nurse Licensure Compact and enters
12 into it with all other jurisdictions that legally join in the
13 compact. The General Assembly finds that no amendment by the
14 General Assembly to the provisions of the Compact contained in
15 this Act shall become effective and binding upon the Compact
16 and the Compact party states unless and until the Nurse
17 Licensure Compact Administrators (NLCA) enact the amendment to
18 the Articles of Organization of the NCLA. The Nurse Licensure
19 Compact is, in form, substantially as follows:
 
20
ARTICLE I.
21
Findings and Declaration of Purpose

 

 

 

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

 

 

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1
ARTICLE II.
2
Definitions

 
3     As used in this Compact:
4     (a) "Adverse Action" means a home or remote state action.
5     (b) "Alternative program" means a voluntary,
6 non-disciplinary monitoring program approved by a nurse
7 licensing board.
8     (c) "Coordinated licensure information system" means an
9 integrated process for collecting, storing, and sharing
10 information on nurse licensure and enforcement activities
11 related to nurse licensure laws, which is administered by a
12 non-profit organization composed of and controlled by state
13 nurse licensing boards.
14     (d) "Current significant investigative information" means:
15         (1) investigative information that a licensing board,
16     after a preliminary inquiry that includes notification and
17     an opportunity for the nurse to respond if required by
18     state law, has reason to believe is not groundless and, if
19     proved true, would indicate more than a minor infraction;
20     or
21         (2) investigative information that indicates that the
22     nurse represents an immediate threat to public health and
23     safety regardless of whether the nurse has been notified
24     and had an opportunity to respond.
25     (e) "Home state" means the party state which is the nurse's
26 primary state of residence.
27     (f) "Home state action" means any administrative, civil,
28 equitable or criminal action permitted by the home state's laws
29 which are imposed on a nurse by the home state's licensing
30 board or other authority including actions against an
31 individual's license such as: revocation, suspension,
32 probation or any other action which affects a nurse's
33 authorization to practice.

 

 

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1     (g) "Licensing board" means a party state's regulatory body
2 responsible for issuing nurse licenses.
3     (h) "Multistate licensure privilege" means current,
4 official authority from a remote state permitting the practice
5 of nursing as either a registered nurse or a licensed
6 practical/vocational nurse in such party state. All party
7 states have the authority, in accordance with existing state
8 due process law, to take actions against the nurse's privilege
9 such as: revocation, suspension, probation or any other action
10 which affects a nurse's authorization to practice.
11     (i) "Nurse" means a registered nurse or licensed
12 practical/vocational nurse, as those terms are defined by each
13 party's state practice laws.
14     (j) "Party state" means any state that has adopted this
15 Compact.
16     (k) "Remote state" means a party state, other than the home
17 state,
18         (1) where the patient is located at the time nursing
19     care is provided, or,
20         (2) in the case of the practice of nursing not
21     involving a patient, in such party state where the
22     recipient of nursing practice is located.
23     (l) "Remote state action" means:
24         (1) any administrative, civil, equitable or criminal
25     action permitted by a remote state's laws which are imposed
26     on a nurse by the remote state's licensing board or other
27     authority including actions against an individual's
28     multistate licensure privilege to practice in the remote
29     state, and
30         (2) cease and desist and other injunctive or equitable
31     orders issued by remote states or the licensing boards
32     thereof.
33     (m) "State" means a state, territory, or possession of the
34 United States, the District of Columbia or the Commonwealth of

 

 

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1 Puerto Rico.
2     (n) "State practice laws" means those individual party's
3 state laws and regulations that govern the practice of nursing,
4 define the scope of nursing practice, and create the methods
5 and grounds for imposing discipline. "State practice laws" does
6 not include the initial qualifications for licensure or
7 requirements necessary to obtain and retain a license, except
8 for qualifications or requirements of the home state.
 
9
ARTICLE III.
10
General Provisions and Jurisdiction

 
11     (a) A license to practice registered nursing issued by a
12 home state to a resident in that state will be recognized by
13 each party state as authorizing a multistate licensure
14 privilege to practice as a registered nurse in such party
15 state. A license to practice licensed practical/vocational
16 nursing issued by a home state to a resident in that state will
17 be recognized by each party state as authorizing a multistate
18 licensure privilege to practice as a licensed
19 practical/vocational nurse in such party state. In order to
20 obtain or retain a license, an applicant must meet the home
21 state's qualifications for licensure and license renewal as
22 well as all other applicable state laws.
23     (b) Party states may, in accordance with state due process
24 laws, limit or revoke the multistate licensure privilege of any
25 nurse to practice in their state and may take any other actions
26 under their applicable state laws necessary to protect the
27 health and safety of their citizens. If a party state takes
28 such action, it shall promptly notify the administrator of the
29 coordinated licensure information system. The administrator of
30 the coordinated licensure information system shall promptly
31 notify the home state of any such actions by remote states.
32     (c) Every nurse practicing in a party state must comply

 

 

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1 with the state practice laws of the state in which the patient
2 is located at the time care is rendered. In addition, the
3 practice of nursing is not limited to patient care, but shall
4 include all nursing practice as defined by the state practice
5 laws of a party state. The practice of nursing will subject a
6 nurse to the jurisdiction of the nurse licensing board and the
7 courts, as well as the laws, in that party state.
8     (d) This Compact does not affect additional requirements
9 imposed by states for advanced practice registered nursing.
10 However, a multistate licensure privilege to practice
11 registered nursing granted by a party state shall be recognized
12 by other party states as a license to practice registered
13 nursing if one is required by state law as a precondition for
14 qualifying for advanced practice registered nurse
15 authorization.
16     (e) Individuals not residing in a party state shall
17 continue to be able to apply for nurse licensure as provided
18 for under the laws of each party state. However, the license
19 granted to these individuals will not be recognized as granting
20 the privilege to practice nursing in any other party state
21 unless explicitly agreed to by that party state.
 
22
ARTICLE IV.
23
Applications for Licensure in a Party State

 
24     (a) Upon application for a license, the licensing board in
25 a party state shall ascertain, through the coordinated
26 licensure information system, whether the applicant has ever
27 held, or is the holder of, a license issued by any other state,
28 whether there are any restrictions on the multistate licensure
29 privilege, and whether any other adverse action by any state
30 has been taken against the license.
31     (b) A nurse in a party state shall hold licensure in only
32 one party state at a time, issued by the home state.

 

 

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1     (c) A nurse who intends to change primary state of
2 residence may apply for licensure in the new home state in
3 advance of such change. However, new licenses will not be
4 issued by a party state until after a nurse provides evidence
5 of change in primary state of residence satisfactory to the new
6 home state's licensing board.
7     (d) When a nurse changes primary state of residence by:
8         (1) moving between two party states, and obtains a
9     license from the new home state, the license from the
10     former home state is no longer valid;
11         (2) moving from a non-party state to a party state, and
12     obtains a license from the new home state, the individual
13     state license issued by the non-party state is not affected
14     and will remain in full force if so provided by the laws of
15     the non-party state;
16         (3) moving from a party state to a non-party state, the
17     license issued by the prior home state converts to an
18     individual state license, valid only in the former home
19     state, without the multistate licensure privilege to
20     practice in other party states.
 
21
ARTICLE V.
22
Adverse Actions

 
23     In addition to the General Provisions described in Article
24 III, the following provisions apply:
25     (a) The licensing board of a remote state shall promptly
26 report to the administrator of the coordinated licensure
27 information system any remote state actions including the
28 factual and legal basis for such action, if known. The
29 licensing board of a remote state shall also promptly report
30 any significant current investigative information yet to
31 result in a remote state action. The administrator of the
32 coordinated licensure information system shall promptly notify

 

 

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

 

 

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1
Additional Authorities Invested
2
in Party State Nurse Licensing Boards

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

 
27     (a) All party states shall participate in a cooperative
28 effort to create a coordinated data base of all licensed
29 registered nurses and licensed practical/vocational nurses.
30 This system will include information on the licensure and
31 disciplinary history of each nurse, as contributed by party

 

 

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

 

 

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1
ARTICLE VIII.
2
Compact Administration and
3
Interchange of Information

 
4     (a) The head of the nurse licensing board, or his/her
5 designee, of each party state shall be the administrator of
6 this Compact for his/her state.
7     (b) The Compact administrator of each party state shall
8 furnish to the Compact administrator of each other party state
9 any information and documents including, but not limited to, a
10 uniform data set of investigations, identifying information,
11 licensure data, and disclosable alternative program
12 participation information to facilitate the administration of
13 this Compact.
14     (c) Compact administrators shall have the authority to
15 develop uniform rules to facilitate and coordinate
16 implementation of this Compact. These uniform rules shall be
17 adopted by party states, under the authority invested under
18 Article VI(d).
 
19
ARTICLE IX.
20
Immunity

 
21     No party state or the officers or employees or agents of a
22 party state's nurse licensing board who acts in accordance with
23 the provisions of this Compact shall be liable on account of
24 any act or omission in good faith while engaged in the
25 performance of their duties under this Compact. Good faith in
26 this article shall not include willful misconduct, gross
27 negligence, or recklessness.
 
28
ARTICLE X.
29
Entry into Force, Withdrawal and Amendment

 

 

 

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

 
23     (a) This Compact shall be liberally construed so as to
24 effectuate the purposes thereof. The provisions of this Compact
25 shall be severable and if any phrase, clause, sentence or
26 provision of this Compact is declared to be contrary to the
27 constitution of any party state or of the United States or the
28 applicability thereof to any government, agency, person or
29 circumstance is held invalid, the validity of the remainder of
30 this Compact and the applicability thereof to any government,
31 agency, person or circumstance shall not be affected thereby.
32 If this Compact shall be held contrary to the constitution of

 

 

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1 any state party thereto, the Compact shall remain in full force
2 and effect as to the remaining party states and in full force
3 and effect as to the party state affected as to all severable
4 matters.
5     (b) In the event party states find a need for settling
6 disputes arising under this Compact:
7         (1) The party states may submit the issues in dispute
8     to an arbitration panel which will be comprised of an
9     individual appointed by the Compact administrator in the
10     home state; an individual appointed by the Compact
11     administrator in the remote state(s) involved; and an
12     individual mutually agreed upon by the Compact
13     administrators of all the party states involved in the
14     dispute.
15         (2) The decision of a majority of the arbitrators shall
16     be final and binding.
 
17     (225 ILCS 65/25-10 new)
18     (Section scheduled to be repealed on January 1, 2008)
19     Sec. 25-10. Costs of investigation and disposition of
20 cases. To facilitate cross-state enforcement efforts, the
21 General Assembly finds that it is necessary for Illinois to
22 have the power to recover from the affected nurse the costs of
23 investigations and disposition of cases resulting from adverse
24 actions taken by this State against that nurse.
 
25     (225 ILCS 65/25-15 new)
26     (Section scheduled to be repealed on January 1, 2008)
27     Sec. 25-15. Statutory obligations. This Compact is
28 designed to facilitate the regulation of nurses and does not
29 relieve employers from complying with statutorily imposed
30 obligations.
 
31     (225 ILCS 65/25-20 new)

 

 

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1     (Section scheduled to be repealed on January 1, 2008)
2     Sec. 25-20. State labor laws. This Compact does not
3 supersede existing State labor laws.
 
4     Section 90. The Nursing and Advanced Practice Nursing Act
5 is amended by changing Sections 5-10, 5-15, and 10-30 as
6 follows:
 
7     (225 ILCS 65/5-10)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 5-10. Definitions. Each of the following terms, when
10 used in this Act, shall have the meaning ascribed to it in this
11 Section, except where the context clearly indicates otherwise:
12     (a) "Department" means the Department of Professional
13 Regulation.
14     (b) "Director" means the Director of Professional
15 Regulation.
16     (c) "Board" means the Board of Nursing appointed by the
17 Director.
18     (d) "Academic year" means the customary annual schedule of
19 courses at a college, university, or approved school,
20 customarily regarded as the school year as distinguished from
21 the calendar year.
22     (e) "Approved program of professional nursing education"
23 and "approved program of practical nursing education" are
24 programs of professional or practical nursing, respectively,
25 approved by the Department under the provisions of this Act.
26     (f) "Nursing Act Coordinator" means a registered
27 professional nurse appointed by the Director to carry out the
28 administrative policies of the Department.
29     (g) "Assistant Nursing Act Coordinator" means a registered
30 professional nurse appointed by the Director to assist in
31 carrying out the administrative policies of the Department.
32     (h) "Registered" is the equivalent of "licensed".

 

 

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1     (i) "Practical nurse" or "licensed practical nurse" means a
2 person who is licensed as a practical nurse under this Act or
3 holds the privilege to practice under this Act and practices
4 practical nursing as defined in paragraph (j) of this Section.
5 Only a practical nurse licensed or granted the privilege to
6 practice under this Act is entitled to use the title "licensed
7 practical nurse" and the abbreviation "L.P.N.".
8     (j) "Practical nursing" means the performance of nursing
9 acts requiring the basic nursing knowledge, judgement, and
10 skill acquired by means of completion of an approved practical
11 nursing education program. Practical nursing includes
12 assisting in the nursing process as delegated by and under the
13 direction of a registered professional nurse. The practical
14 nurse may work under the direction of a licensed physician,
15 dentist, podiatrist, or other health care professional
16 determined by the Department.
17     (k) "Registered Nurse" or "Registered Professional Nurse"
18 means a person who is licensed as a professional nurse under
19 this Act or holds the privilege to practice under this Act and
20 practices nursing as defined in paragraph (l) of this Section.
21 Only a registered nurse licensed or granted the privilege to
22 practice under this Act is entitled to use the titles
23 "registered nurse" and "registered professional nurse" and the
24 abbreviation, "R.N.".
25     (l) "Registered professional nursing practice" includes
26 all nursing specialities and means the performance of any
27 nursing act based upon professional knowledge, judgment, and
28 skills acquired by means of completion of an approved
29 registered professional nursing education program. A
30 registered professional nurse provides nursing care
31 emphasizing the importance of the whole and the interdependence
32 of its parts through the nursing process to individuals,
33 groups, families, or communities, that includes but is not
34 limited to: (1) the assessment of healthcare needs, nursing

 

 

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1 diagnosis, planning, implementation, and nursing evaluation;
2 (2) the promotion, maintenance, and restoration of health; (3)
3 counseling, patient education, health education, and patient
4 advocacy; (4) the administration of medications and treatments
5 as prescribed by a physician licensed to practice medicine in
6 all of its branches, a licensed dentist, a licensed podiatrist,
7 or a licensed optometrist or as prescribed by a physician
8 assistant in accordance with written guidelines required under
9 the Physician Assistant Practice Act of 1987 or by an advanced
10 practice nurse in accordance with a written collaborative
11 agreement required under the Nursing and Advanced Practice
12 Nursing Act; (5) the coordination and management of the nursing
13 plan of care; (6) the delegation to and supervision of
14 individuals who assist the registered professional nurse
15 implementing the plan of care; and (7) teaching and supervision
16 of nursing students. The foregoing shall not be deemed to
17 include those acts of medical diagnosis or prescription of
18 therapeutic or corrective measures that are properly performed
19 only by physicians licensed in the State of Illinois.
20     (m) "Current nursing practice update course" means a
21 planned nursing education curriculum approved by the
22 Department consisting of activities that have educational
23 objectives, instructional methods, content or subject matter,
24 clinical practice, and evaluation methods, related to basic
25 review and updating content and specifically planned for those
26 nurses previously licensed in the United States or its
27 territories and preparing for reentry into nursing practice.
28     (n) "Professional assistance program for nurses" means a
29 professional assistance program that meets criteria
30 established by the Board of Nursing and approved by the
31 Director, which provides a non-disciplinary treatment approach
32 for nurses licensed under this Act whose ability to practice is
33 compromised by alcohol or chemical substance addiction.
34     (o) "Privilege to practice" means the authorization to

 

 

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1 practice as a practical nurse or a registered nurse in the
2 State under Title 25 of this Act.
3     (p) "License" or "licensed" means the permission granted a
4 person to practice nursing under this Act, including the
5 privilege to practice.
6     (q) "Licensee" means a person who has been issued a license
7 to practice nursing in the state or who holds the privilege to
8 practice nursing in this State.
9 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
10 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
11     (225 ILCS 65/5-15)
12     (Section scheduled to be repealed on January 1, 2008)
13     Sec. 5-15. Policy; application of Act. For the protection
14 of life and the promotion of health, and the prevention of
15 illness and communicable diseases, any person practicing or
16 offering to practice professional and practical nursing in
17 Illinois shall submit evidence that he or she is qualified to
18 practice, and shall be licensed or hold the privilege to
19 practice as provided under this Act. No person shall practice
20 or offer to practice professional or practical nursing in
21 Illinois or use any title, sign, card or device to indicate
22 that such a person is practicing professional or practical
23 nursing unless such person has been licensed or holds the
24 privilege to practice under the provisions of this Act.
25     This Act does not prohibit the following:
26         (a) The practice of nursing in Federal employment in
27     the discharge of the employee's duties by a person who is
28     employed by the United States government or any bureau,
29     division or agency thereof and is a legally qualified and
30     licensed nurse of another state or territory and not in
31     conflict with Sections 10-5, 10-30, and 10-45 of this Act.
32         (b) Nursing that is included in their program of study
33     by students enrolled in programs of nursing or in current

 

 

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1     nurse practice update courses approved by the Department.
2         (c) The furnishing of nursing assistance in an
3     emergency.
4         (d) The practice of nursing by a nurse who holds an
5     active license in another state when providing services to
6     patients in Illinois during a bonafide emergency or in
7     immediate preparation for or during interstate transit.
8         (e) The incidental care of the sick by members of the
9     family, domestic servants or housekeepers, or care of the
10     sick where treatment is by prayer or spiritual means.
11         (f) Persons from being employed as nursing aides,
12     attendants, orderlies, and other auxiliary workers in
13     private homes, long term care facilities, nurseries,
14     hospitals or other institutions.
15         (g) The practice of practical nursing by one who has
16     applied in writing to the Department in form and substance
17     satisfactory to the Department, for a license as a licensed
18     practical nurse and who has complied with all the
19     provisions under Section 10-30, except the passing of an
20     examination to be eligible to receive such license, until:
21     the decision of the Department that the applicant has
22     failed to pass the next available examination authorized by
23     the Department or has failed, without an approved excuse,
24     to take the next available examination authorized by the
25     Department or until the withdrawal of the application, but
26     not to exceed 3 months. An applicant practicing practical
27     nursing under this Section who passes the examination,
28     however, may continue to practice under this Section until
29     such time as he or she receives his or her license to
30     practice or until the Department notifies him or her that
31     the license has been denied. No applicant for licensure
32     practicing under the provisions of this paragraph shall
33     practice practical nursing except under the direct
34     supervision of a registered professional nurse licensed

 

 

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1     under this Act or a licensed physician, dentist or
2     podiatrist. In no instance shall any such applicant
3     practice or be employed in any supervisory capacity.
4         (h) The practice of practical nursing by one who is a
5     licensed practical nurse under the laws of another U.S.
6     jurisdiction and has applied in writing to the Department,
7     in form and substance satisfactory to the Department, for a
8     license as a licensed practical nurse and who is qualified
9     to receive such license under Section 10-30, until (1) the
10     expiration of 6 months after the filing of such written
11     application, (2) the withdrawal of such application, or (3)
12     the denial of such application by the Department.
13         (i) The practice of professional nursing by one who has
14     applied in writing to the Department in form and substance
15     satisfactory to the Department for a license as a
16     registered professional nurse and has complied with all the
17     provisions under Section 10-30 except the passing of an
18     examination to be eligible to receive such license, until
19     the decision of the Department that the applicant has
20     failed to pass the next available examination authorized by
21     the Department or has failed, without an approved excuse,
22     to take the next available examination authorized by the
23     Department or until the withdrawal of the application, but
24     not to exceed 3 months. An applicant practicing
25     professional nursing under this Section who passes the
26     examination, however, may continue to practice under this
27     Section until such time as he or she receives his or her
28     license to practice or until the Department notifies him or
29     her that the license has been denied. No applicant for
30     licensure practicing under the provisions of this
31     paragraph shall practice professional nursing except under
32     the direct supervision of a registered professional nurse
33     licensed under this Act. In no instance shall any such
34     applicant practice or be employed in any supervisory

 

 

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1     capacity.
2         (j) The practice of professional nursing by one who is
3     a registered professional nurse under the laws of another
4     state, territory of the United States or country and has
5     applied in writing to the Department, in form and substance
6     satisfactory to the Department, for a license as a
7     registered professional nurse and who is qualified to
8     receive such license under Section 10-30, until (1) the
9     expiration of 6 months after the filing of such written
10     application, (2) the withdrawal of such application, or (3)
11     the denial of such application by the Department.
12         (k) The practice of professional nursing that is
13     included in a program of study by one who is a registered
14     professional nurse under the laws of another state or
15     territory of the United States or foreign country,
16     territory or province and who is enrolled in a graduate
17     nursing education program or a program for the completion
18     of a baccalaureate nursing degree in this State, which
19     includes clinical supervision by faculty as determined by
20     the educational institution offering the program and the
21     health care organization where the practice of nursing
22     occurs. The educational institution will file with the
23     Department each academic term a list of the names and
24     origin of license of all professional nurses practicing
25     nursing as part of their programs under this provision.
26         (l) Any person licensed in this State under any other
27     Act from engaging in the practice for which she or he is
28     licensed.
29         (m) Delegation to authorized direct care staff trained
30     under Section 15.4 of the Mental Health and Developmental
31     Disabilities Administrative Act.
32     An applicant for license practicing under the exceptions
33 set forth in subparagraphs (g), (h), (i), and (j) of this
34 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.

 

 

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1 Pend. respectively and no other.
2 (Source: P.A. 93-265, eff. 7-22-03.)
 
3     (225 ILCS 65/10-30)
4     (Section scheduled to be repealed on January 1, 2008)
5     Sec. 10-30. Qualifications for licensure.
6     (a) Each applicant who successfully meets the requirements
7 of this Section shall be entitled to licensure as a Registered
8 Nurse or Licensed Practical Nurse, whichever is applicable.
9     (b) An applicant for licensure by examination to practice
10 as a registered nurse or licensed practical nurse shall:
11         (1) submit a completed written application, on forms
12     provided by the Department and fees as established by the
13     Department;
14         (2) for registered nurse licensure, have graduated
15     from a professional nursing education program approved by
16     the Department;
17         (2.5) for licensed practical nurse licensure, have
18     graduated graduate from a practical nursing education
19     program approved by the Department;
20         (3) have not violated the provisions of Section 10-45
21     of this Act. The Department may take into consideration any
22     felony conviction of the applicant, but such a conviction
23     shall not operate as an absolute bar to licensure;
24         (4) meet all other requirements as established by rule;
25         (5) pay, either to the Department or its designated
26     testing service, a fee covering the cost of providing the
27     examination. Failure to appear for the examination on the
28     scheduled date at the time and place specified after the
29     applicant's application for examination has been received
30     and acknowledged by the Department or the designated
31     testing service shall result in the forfeiture of the
32     examination fee.
33     If an applicant neglects, fails, or refuses to take an

 

 

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1 examination or fails to pass an examination for a license under
2 this Act within 3 years after filing the application, the
3 application shall be denied. However, the applicant may make a
4 new application accompanied by the required fee and provide
5 evidence of meeting the requirements in force at the time of
6 the new application.
7     An applicant may take and successfully complete a
8 Department-approved examination in another jurisdiction.
9 However, an applicant who has never been licensed previously in
10 any jurisdiction that utilizes a Department-approved
11 examination and who has taken and failed to pass the
12 examination within 3 years after filing the application must
13 submit proof of successful completion of a
14 Department-authorized nursing education program or
15 recompletion of an approved registered nursing program or
16 licensed practical nursing program, as appropriate, prior to
17 re-application.
18     An applicant shall have one year from the date of
19 notification of successful completion of the examination to
20 apply to the Department for a license. If an applicant fails to
21 apply within one year, the applicant shall be required to again
22 take and pass the examination unless licensed in another
23 jurisdiction of the United States within one year of passing
24 the examination.
25     (c) An applicant for licensure by endorsement who is a
26 registered professional nurse or a licensed practical nurse
27 licensed by examination under the laws of another state or
28 territory of the United States or a foreign country,
29 jurisdiction, territory, or province shall:
30         (1) submit a completed written application, on forms
31     supplied by the Department, and fees as established by the
32     Department;
33         (2) for registered nurse licensure, have graduated
34     from a professional nursing education program approved by

 

 

09400SB0086sam001 - 23 - LRB094 06895 RAS 43298 a

1     the Department;
2         (2.5) for licensed practical nurse licensure, have
3     graduated from a practical nursing education program
4     approved by the Department;
5         (3) submit verification of licensure status directly
6     from the United States jurisdiction of licensure, if
7     applicable, as defined by rule;
8         (4) have passed the examination authorized by the
9     Department;
10         (5) meet all other requirements as established by rule.
11     (d) All applicants for registered nurse licensure pursuant
12 to item (2) of subsection (b) and item (2) of subsection (c) of
13 this Section who are graduates of nursing educational programs
14 in a country other than the United States or its territories
15 must submit to the Department certification of successful
16 completion of the Commission of Graduates of Foreign Nursing
17 Schools (CGFNS) examination. An applicant who is unable to
18 provide appropriate documentation to satisfy CGFNS of her or
19 his educational qualifications for the CGFNS examination shall
20 be required to pass an examination to test competency in the
21 English language, which shall be prescribed by the Department,
22 if the applicant is determined by the Board to be educationally
23 prepared in nursing. The Board shall make appropriate inquiry
24 into the reasons for any adverse determination by CGFNS before
25 making its own decision.
26     An applicant licensed in another state or territory who is
27 applying for licensure and has received her or his education in
28 a country other than the United States or its territories shall
29 be exempt from the completion of the Commission of Graduates of
30 Foreign Nursing Schools (CGFNS) examination if the applicant
31 meets all of the following requirements:
32         (1) successful passage of the licensure examination
33     authorized by the Department;
34         (2) holds an active, unencumbered license in another

 

 

09400SB0086sam001 - 24 - LRB094 06895 RAS 43298 a

1     state; and
2         (3) has been actively practicing for a minimum of 2
3     years in another state.
4     (e) (Blank).
5     (f) Pending the issuance of a license under subsection (c)
6 of this Section, the Department may grant an applicant a
7 temporary license to practice nursing as a registered nurse or
8 as a licensed practical nurse if the Department is satisfied
9 that the applicant holds an active, unencumbered license in
10 good standing in another jurisdiction. If the applicant holds
11 more than one current active license, or one or more active
12 temporary licenses from other jurisdictions, the Department
13 shall not issue a temporary license until it is satisfied that
14 each current active license held by the applicant is
15 unencumbered. The temporary license, which shall be issued no
16 later than 14 working days following receipt by the Department
17 of an application for the temporary license, shall be granted
18 upon the submission of the following to the Department:
19         (1) a signed and completed application for licensure
20     under subsection (a) of this Section as a registered nurse
21     or a licensed practical nurse;
22         (2) proof of a current, active license in at least one
23     other jurisdiction and proof that each current active
24     license or temporary license held by the applicant within
25     the last 5 years is unencumbered;
26         (3) a signed and completed application for a temporary
27     license; and
28         (4) the required temporary license fee.
29     (g) The Department may refuse to issue an applicant a
30 temporary license authorized pursuant to this Section if,
31 within 14 working days following its receipt of an application
32 for a temporary license, the Department determines that:
33         (1) the applicant has been convicted of a crime under
34     the laws of a jurisdiction of the United States: (i) which

 

 

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1     is a felony; or (ii) which is a misdemeanor directly
2     related to the practice of the profession, within the last
3     5 years;
4         (2) within the last 5 years the applicant has had a
5     license or permit related to the practice of nursing
6     revoked, suspended, or placed on probation by another
7     jurisdiction, if at least one of the grounds for revoking,
8     suspending, or placing on probation is the same or
9     substantially equivalent to grounds in Illinois; or
10         (3) it intends to deny licensure by endorsement.
11     For purposes of this Section, an "unencumbered license"
12 means a license against which no disciplinary action has been
13 taken or is pending and for which all fees and charges are paid
14 and current.
15     (h) The Department may revoke a temporary license issued
16 pursuant to this Section if:
17         (1) it determines that the applicant has been convicted
18     of a crime under the law of any jurisdiction of the United
19     States that is (i) a felony or (ii) a misdemeanor directly
20     related to the practice of the profession, within the last
21     5 years;
22         (2) it determines that within the last 5 years the
23     applicant has had a license or permit related to the
24     practice of nursing revoked, suspended, or placed on
25     probation by another jurisdiction, if at least one of the
26     grounds for revoking, suspending, or placing on probation
27     is the same or substantially equivalent to grounds in
28     Illinois; or
29         (3) it determines that it intends to deny licensure by
30     endorsement.
31     A temporary license shall expire 6 months from the date of
32 issuance. Further renewal may be granted by the Department in
33 hardship cases, as defined by rule and upon approval of the
34 Director. However, a temporary license shall automatically

 

 

09400SB0086sam001 - 26 - LRB094 06895 RAS 43298 a

1 expire upon issuance of the Illinois license or upon
2 notification that the Department intends to deny licensure,
3 whichever occurs first.
4     (i) Applicants have 3 years from the date of application to
5 complete the application process. If the process has not been
6 completed within 3 years from the date of application, the
7 application shall be denied, the fee forfeited, and the
8 applicant must reapply and meet the requirements in effect at
9 the time of reapplication.
10     (j) A practical nurse licensed by a party state under the
11 Nurse Licensure Compact under Title 25 of this Act is granted
12 the privilege to practice practical nursing in this State. A
13 registered nurse licensed by a party state under the Nurse
14 Licensure Compact under Title 25 of this Act is granted the
15 privilege to practice registered nursing in this State. A
16 practical nurse or registered nurse who has been granted the
17 privilege to practice nursing in this State under this
18 subsection (j) may be required to notify the Department, prior
19 to commencing employment in this State as a practical or
20 registered nurse, of the identity and location of the nurse's
21 prospective employer.
22 (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02;
23 revised 2-17-03.)
 
24     Section 99. Effective date. This Act takes effect January
25 1, 2006.".