093_HB2553enr

 
HB2553 Enrolled                      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 5-15 as follows:

 6        (225 ILCS 65/5-15)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec. 5-15. Policy; application of Act. For the protection
 9    of  life  and  the promotion of health, and the prevention of
10    illness and communicable diseases, any person  practicing  or
11    offering  to  practice  professional and practical nursing in
12    Illinois shall submit evidence that he or she is qualified to
13    practice, and shall be licensed as provided under  this  Act.
14    No person shall practice or offer to practice professional or
15    practical nursing in Illinois or use any title, sign, card or
16    device   to   indicate  that  such  a  person  is  practicing
17    professional or practical nursing unless such person has been
18    licensed under the provisions of this Act.
19        This Act does not prohibit the following:
20             (a)  The practice of nursing in  Federal  employment
21        in the discharge of the employee's duties by a person who
22        is  employed  by  the  United  States  government  or any
23        bureau, division or  agency  thereof  and  is  a  legally
24        qualified   and   licensed  nurse  of  another  state  or
25        territory and not in conflict with Sections 10-5,  10-30,
26        and 10-45 of this Act.
27             (b)  Nursing  that  is  included in their program of
28        study by students enrolled in programs of nursing  or  in
29        current  nurse  practice  update  courses approved by the
30        Department.
31             (c)  The furnishing  of  nursing  assistance  in  an
 
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 1        emergency.
 2             (d)  The practice of nursing by a nurse who holds an
 3        active  license  in another state when providing services
 4        to patients in Illinois during a bonafide emergency or in
 5        immediate preparation for or during interstate transit.
 6             (e)  The incidental care of the sick by  members  of
 7        the family, domestic servants or housekeepers, or care of
 8        the sick where treatment is by prayer or spiritual means.
 9             (f)  Persons  from  being employed as nursing aides,
10        attendants, orderlies, and  other  auxiliary  workers  in
11        private  homes,  long  term  care  facilities, nurseries,
12        hospitals or other institutions.
13             (g)  The practice of practical nursing  by  one  who
14        has  applied  in  writing  to  the Department in form and
15        substance satisfactory to the Department, for  a  license
16        as  a  licensed practical nurse and who has complied with
17        all  the  provisions  under  Section  10-30,  except  the
18        passing of an examination to be eligible to receive  such
19        license,  until:  the decision of the Department that the
20        applicant  has  failed  to  pass   the   next   available
21        examination  authorized  by the Department or has failed,
22        without an approved excuse, to take  the  next  available
23        examination  authorized  by  the  Department or until the
24        withdrawal of  the  application,  but  not  to  exceed  3
25        months.  An  applicant practicing practical nursing under
26        this Section who passes  the  examination,  however,  may
27        continue  to  practice under this Section until such time
28        as he or she receives his or her license to  practice  or
29        until the Department notifies him or her that the license
30        has  been  denied.  No applicant for licensure practicing
31        under the provisions of  this  paragraph  shall  practice
32        practical  nursing except under the direct supervision of
33        a registered professional nurse licensed under  this  Act
34        or  a  licensed  physician, dentist or podiatrist.  In no
 
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 1        instance shall any such applicant practice or be employed
 2        in any supervisory capacity.
 3             (h)  The practice of practical nursing by one who is
 4        a licensed practical nurse under the laws of another U.S.
 5        jurisdiction  and  has  applied   in   writing   to   the
 6        Department,  in  form  and  substance satisfactory to the
 7        Department, for a license as a licensed  practical  nurse
 8        and  who  is  qualified  to  receive  such  license under
 9        Section 10-30, until (1) the expiration of 6 months after
10        the  filing  of  such  written   application,   (2)   the
11        withdrawal of such application, or (3) the denial of such
12        application by the Department.
13             (i)  The practice of professional nursing by one who
14        has  applied  in  writing  to  the Department in form and
15        substance satisfactory to the Department for a license as
16        a registered professional nurse and has complied with all
17        the provisions under Section 10-30 except the passing  of
18        an  examination  to  be eligible to receive such license,
19        until  the decision of the Department that the  applicant
20        has   failed  to  pass  the  next  available  examination
21        authorized by the Department or has  failed,  without  an
22        approved  excuse,  to take the next available examination
23        authorized by the Department or until the  withdrawal  of
24        the application, but not to exceed 3 months. An applicant
25        practicing  professional  nursing  under this Section who
26        passes the examination, however, may continue to practice
27        under this Section until such time as he or she  receives
28        his  or  her  license to practice or until the Department
29        notifies him or her that the license has been denied.  No
30        applicant for licensure practicing under  the  provisions
31        of  this  paragraph  shall  practice professional nursing
32        except under  the  direct  supervision  of  a  registered
33        professional  nurse  licensed  under  this  Act.   In  no
34        instance shall any such applicant practice or be employed
 
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 1        in any supervisory capacity.
 2             (j)  The practice of professional nursing by one who
 3        is  a  registered  professional  nurse  under the laws of
 4        another state, territory of the United States or  country
 5        and has applied in writing to the Department, in form and
 6        substance  satisfactory  to the Department, for a license
 7        as a registered professional nurse and who  is  qualified
 8        to  receive  such license under Section 10-30, until  (1)
 9        the expiration of 6  months  after  the  filing  of  such
10        written   application,   (2)   the   withdrawal  of  such
11        application, or (3) the denial of such application by the
12        Department.
13             (k)  The practice of professional  nursing  that  is
14        included in a program of study by one who is a registered
15        professional  nurse  under  the  laws of another state or
16        territory  of  the  United  States  or  foreign  country,
17        territory or province and who is enrolled in  a  graduate
18        nursing education program or a program for the completion
19        of  a  baccalaureate  nursing degree in this State, which
20        includes clinical supervision by faculty as determined by
21        the educational institution offering the program and  the
22        health  care  organization  where the practice of nursing
23        occurs.  The educational institution will file  with  the
24        Department  each  academic  term  a list of the names and
25        origin of license of all professional  nurses  practicing
26        nursing as part of their programs under this provision.
27             (l)  Any  person  licensed  in  this State under any
28        other Act from engaging in the practice for which she  or
29        he is licensed.
30             (m)  Delegation  to  authorized  direct  care  staff
31        trained  under  Section  15.4  of  the  Mental Health and
32        Developmental Disabilities Administrative Act.
33        An applicant for license practicing under the  exceptions
34    set  forth  in  subparagraphs  (g), (h), (i), and (j) of this
 
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 1    Section shall use the title R.N. Lic. Pend.  or  L.P.N.  Lic.
 2    Pend. respectively and no other.
 3    (Source:  P.A.  90-61,  eff.  12-30-97;  90-248, eff. 1-1-98;
 4    90-655, eff. 7-30-98;  90-742,  eff.  8-13-98;  91-630,  eff.
 5    8-19-99.)

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