Registration and Regulation Committee

Filed: 3/12/2008

 

 


 

 


 
09500HB5501ham001 LRB095 19524 RAS 48237 a

1
AMENDMENT TO HOUSE BILL 5501

2     AMENDMENT NO. ______. Amend House Bill 5501 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Nurse Practice Act is amended by changing
5 Section 65-5 as follows:
 
6     (225 ILCS 65/65-5)   (was 225 ILCS 65/15-10)
7     (Section scheduled to be repealed on January 1, 2018)
8     Sec. 65-5. Qualifications for APN licensure.
9     (a) Each applicant who successfully meets the requirements
10 of this Section shall be entitled to licensure as an advanced
11 practice nurse.
12     (b) An applicant for licensure to practice as an advanced
13 practice nurse must do each of the following:
14         (1) Submit a completed application and any fees as
15     established by the Department.
16         (2) Hold a current license to practice as a registered

 

 

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1     professional nurse under this Act.
2         (3) Have successfully completed requirements to
3     practice as, and holds a current, national certification
4     as, a nurse midwife, clinical nurse specialist, nurse
5     practitioner, or certified registered nurse anesthetist
6     from the appropriate national certifying body as
7     determined by rule of the Department.
8         (4) Have obtained a graduate degree appropriate for
9     national certification in a clinical advanced practice
10     nursing specialty or a graduate degree or post-master's
11     certificate from a graduate level program in a clinical
12     advanced practice nursing specialty.
13         (5) Have not violated the provisions of this Act
14     concerning the grounds for disciplinary action. The
15     Department may take into consideration any felony
16     conviction of the applicant, but such a conviction may not
17     operate as an absolute bar to licensure.
18         (6) Submit to the criminal history records check
19     required under Section 50-35 of this Act.
20     (b-5) A registered professional nurse seeking licensure as
21 an advanced practice nurse in the category of certified
22 registered nurse anesthetist who does not have a graduate
23 degree as described in subsection (b) of this Section shall be
24 qualified for licensure if that person:
25         (1) submits evidence of having successfully completed
26     a nurse anesthesia program described in item (4) of

 

 

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1     subsection (b) of this Section prior to January 1, 1999;
2         (2) submits evidence of certification as a registered
3     nurse anesthetist by an appropriate national certifying
4     body; and
5         (3) has continually maintained active, up-to-date
6     recertification status as a certified registered nurse
7     anesthetist by an appropriate national recertifying body.
8     Notwithstanding any other rulemaking authority that may
9 exist, neither the Governor nor any agency or agency head under
10 the jurisdiction of the Governor has any authority to make or
11 promulgate rules to implement or enforce the provisions of this
12 amendatory Act of the 95th General Assembly. If, however, the
13 Governor believes that rules are necessary to implement or
14 enforce the provisions of this amendatory Act of the 95th
15 General Assembly, the Governor may suggest rules to the General
16 Assembly by filing them with the Clerk of the House and the
17 Secretary of the Senate and by requesting that the General
18 Assembly authorize such rulemaking by law, enact those
19 suggested rules into law, or take any other appropriate action
20 in the General Assembly's discretion. Nothing contained in this
21 amendatory Act of the 95th General Assembly shall be
22 interpreted to grant rulemaking authority under any other
23 Illinois statute where such authority is not otherwise
24 explicitly given. For the purposes of this amendatory Act of
25 the 95th General Assembly, "rules" is given the meaning
26 contained in Section 1-70 of the Illinois Administrative

 

 

09500HB5501ham001 - 4 - LRB095 19524 RAS 48237 a

1 Procedure Act, and "agency" and "agency head" are given the
2 meanings contained in Sections 1-20 and 1-25 of the Illinois
3 Administrative Procedure Act to the extent that such
4 definitions apply to agencies or agency heads under the
5 jurisdiction of the Governor.
6     (b-10) The Department shall issue a certified registered
7 nurse anesthetist license to an APN who (i) does not have a
8 graduate degree, (ii) applies for licensure before July 1,
9 2018, and (iii) submits all of the following to the Department:
10         (1) His or her current State registered nurse license
11     number.
12         (2) Proof of current national certification, which
13     includes the completion of an examination from either of
14     the following:
15             (A) the Council on Certification of the American
16         Association of Nurse Anesthetists; or
17             (B) the Council on Recertification of the American
18         Association of Nurse Anesthetists.
19         (3) Proof of the successful completion of a post-basic
20     advanced practice formal education program in the area of
21     nurse anesthesia prior to January 1, 1999.
22         (4) His or her complete work history for the 5-year
23     period immediately preceding the date of his or her
24     application.
25         (5) Verification of licensure as an advanced practice
26     nurse from the state in which he or she was originally

 

 

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1     licensed, current state of licensure, and any other state
2     in which he or she has been actively practicing as an
3     advanced practice nurse within the 5-year period
4     immediately preceding the date of his or her application.
5     If applicable, this verification must state:
6             (A) the time during which he or she was licensed in
7         each state, including the date of the original issuance
8         of each license; and
9             (B) any disciplinary action taken or pending
10         concerning any nursing license held, currently or in
11         the past, by the applicant.
12         (6) The required fee.
13     Notwithstanding any other rulemaking authority that may
14 exist, neither the Governor nor any agency or agency head under
15 the jurisdiction of the Governor has any authority to make or
16 promulgate rules to implement or enforce the provisions of this
17 amendatory Act of the 95th General Assembly. If, however, the
18 Governor believes that rules are necessary to implement or
19 enforce the provisions of this amendatory Act of the 95th
20 General Assembly, the Governor may suggest rules to the General
21 Assembly by filing them with the Clerk of the House and the
22 Secretary of the Senate and by requesting that the General
23 Assembly authorize such rulemaking by law, enact those
24 suggested rules into law, or take any other appropriate action
25 in the General Assembly's discretion. Nothing contained in this
26 amendatory Act of the 95th General Assembly shall be

 

 

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1 interpreted to grant rulemaking authority under any other
2 Illinois statute where such authority is not otherwise
3 explicitly given. For the purposes of this amendatory Act of
4 the 95th General Assembly, "rules" is given the meaning
5 contained in Section 1-70 of the Illinois Administrative
6 Procedure Act, and "agency" and "agency head" are given the
7 meanings contained in Sections 1-20 and 1-25 of the Illinois
8 Administrative Procedure Act to the extent that such
9 definitions apply to agencies or agency heads under the
10 jurisdiction of the Governor.
11     (c) Those applicants seeking licensure in more than one
12 advanced practice nursing specialty need not possess multiple
13 graduate degrees. Applicants may be eligible for licenses for
14 multiple advanced practice nurse licensure specialties,
15 provided that the applicant (i) has met the requirements for at
16 least one advanced practice nursing specialty under paragraphs
17 (3) and (5) of subsection (a) of this Section, (ii) possesses
18 an additional graduate education that results in a certificate
19 for another clinical advanced practice nurse specialty and that
20 meets the requirements for the national certification from the
21 appropriate nursing specialty, and (iii) holds a current
22 national certification from the appropriate national
23 certifying body for that additional advanced practice nursing
24 specialty.
25     (d) Any person who holds a valid license as an advanced
26 practice nurse issued under this Act as this Act existed before

 

 

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1 the effective date of this amendatory Act of the 95th General
2 Assembly shall be subject only to the advanced practice nurse
3 license renewal requirements of this Act as this Act exists on
4 and after the effective date of this amendatory Act of the 95th
5 General Assembly upon the expiration of that license.
6 (Source: P.A. 94-348, eff. 7-28-05; 95-639, eff. 10-5-07.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.".