Full Text of SB2288 93rd General Assembly
SB2288 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2288
Introduced 1/22/2004, by Miguel del Valle SYNOPSIS AS INTRODUCED: |
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Amends the Nursing and Advanced Practice Nursing Act. Provides that an
applicant for licensure by endorsement who is a registered professional nurse
or a licensed practical nurse under the laws of another state or territory of
the United States may, in lieu of taking and passing the examination required
by the Department, have passed a state, regional, or national examination that
is substantially equivalent to or more stringent than the examination given by
the Department, if the applicant has actively practiced nursing in another
state or territory of the United States for 2 of the preceding 3 years without
having his or her license acted against by the licensing authority of any
jurisdiction. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2288 |
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LRB093 20232 AMC 45990 b |
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| AN ACT concerning nurses.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Nursing and Advanced Practice Nursing Act is | 5 |
| amended by changing Section 10-30 as follows:
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| (225 ILCS 65/10-30)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10-30. Qualifications for licensure.
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| (a) Each applicant who successfully meets the requirements | 10 |
| of this Section
shall be entitled to licensure as a Registered | 11 |
| Nurse or Licensed Practical
Nurse, whichever is applicable.
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| (b) An applicant for licensure by examination to practice | 13 |
| as a registered
nurse or licensed practical nurse shall:
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| (1) submit a completed written application, on forms | 15 |
| provided by the
Department and fees as established by the | 16 |
| Department;
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| (2) for registered nurse licensure, have graduated | 18 |
| from a
professional nursing education program approved by | 19 |
| the Department;
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| (2.5) for licensed practical nurse licensure, have | 21 |
| graduated
graduate from a practical nursing education | 22 |
| program approved by the
Department;
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| (3) have not violated the provisions of Section 10-45 | 24 |
| of this Act. The
Department may take into consideration any | 25 |
| felony conviction of the applicant,
but such a conviction | 26 |
| shall not operate as an absolute bar to licensure;
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| (4) meet all other requirements as established by rule;
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| (5) pay, either to the Department or its designated | 29 |
| testing service,
a fee covering the cost of providing the | 30 |
| examination. Failure to appear for
the examination on the | 31 |
| scheduled date at the time and place specified after the
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| applicant's application for examination has been received |
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LRB093 20232 AMC 45990 b |
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| and acknowledged by
the Department or the designated | 2 |
| testing service shall result in the forfeiture
of the | 3 |
| examination fee.
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| If an applicant neglects, fails, or refuses to take an | 5 |
| examination or fails
to pass an examination for a license under | 6 |
| this Act within 3 years after filing
the application, the | 7 |
| application shall be denied. However, the applicant may
make a | 8 |
| new application accompanied by the required fee and provide
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| evidence of meeting the requirements in force at the time of | 10 |
| the new
application.
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| An applicant may take and successfully complete a | 12 |
| Department-approved
examination in another jurisdiction. | 13 |
| However, an applicant who has never been
licensed previously in | 14 |
| any jurisdiction that utilizes a Department-approved
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| examination and who has taken and failed to
pass the | 16 |
| examination within 3 years after filing the application must | 17 |
| submit
proof of successful completion of a | 18 |
| Department-authorized nursing education
program or | 19 |
| recompletion of an approved registered nursing program or | 20 |
| licensed
practical nursing program, as appropriate, prior to | 21 |
| re-application.
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| An applicant shall have one year from the date of | 23 |
| notification of successful
completion of the examination to | 24 |
| apply to the Department for a license. If an
applicant fails to | 25 |
| apply within one year, the applicant shall be required to
again | 26 |
| take and pass the examination unless licensed in another | 27 |
| jurisdiction of
the United States within one year of passing | 28 |
| the examination.
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| (c) An applicant for licensure by endorsement who is a | 30 |
| registered
professional nurse or a licensed practical nurse | 31 |
| licensed by examination
under the laws of another state or | 32 |
| territory of the United States or a
foreign country, | 33 |
| jurisdiction, territory, or province shall:
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| (1) submit a completed written application, on forms | 35 |
| supplied by the
Department, and fees as established by the | 36 |
| Department;
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LRB093 20232 AMC 45990 b |
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| (2) for registered nurse licensure, have graduated | 2 |
| from a professional
nursing education program approved by | 3 |
| the Department;
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| (2.5) for licensed practical nurse licensure, have | 5 |
| graduated
from a practical nursing education program | 6 |
| approved by the Department;
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| (3) submit verification of licensure status directly | 8 |
| from the United
States jurisdiction of licensure, if | 9 |
| applicable, as defined by rule;
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| (4) have passed the examination authorized by the | 11 |
| Department;
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| (5) meet all other requirements as established by rule.
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| (c-5) An applicant for licensure by endorsement who is a | 14 |
| registered
professional nurse or a licensed practical nurse | 15 |
| under the laws of another
state or territory of the United | 16 |
| States, in lieu of taking and passing the
examination provided | 17 |
| for in item (4) of subsection (c) of this Section, may
have | 18 |
| passed a state, regional, or national examination that is | 19 |
| substantially
equivalent to or more stringent than the | 20 |
| examination given by the Department,
if the applicant has | 21 |
| actively practiced nursing in another state or territory
of the | 22 |
| United States for 2 of the preceding 3 years without having his | 23 |
| or her
license acted against by the licensing authority of any | 24 |
| jurisdiction.
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| (d) All applicants for registered nurse licensure pursuant | 26 |
| to item (2) of
subsection (b) and item (2) of subsection (c) of | 27 |
| this Section who are graduates
of nursing educational programs | 28 |
| in a country other than the United States or
its territories | 29 |
| must submit to the Department certification of successful
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| completion of the Commission of Graduates of Foreign Nursing | 31 |
| Schools (CGFNS)
examination. An applicant who is unable to | 32 |
| provide appropriate documentation
to satisfy CGFNS of her or | 33 |
| his educational qualifications for the CGFNS
examination shall | 34 |
| be required to pass an examination to test competency in the
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| English language, which shall be prescribed by the Department, | 36 |
| if the
applicant is determined by the Board to be educationally |
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| prepared in
nursing. The Board shall make appropriate inquiry | 2 |
| into the reasons for
any adverse determination by CGFNS before | 3 |
| making its own decision.
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| An applicant licensed in another state or territory who is | 5 |
| applying for
licensure and has received her or his education in | 6 |
| a country other than the
United States or its territories shall | 7 |
| be exempt from the completion of the
Commission of Graduates of | 8 |
| Foreign Nursing Schools (CGFNS) examination if the
applicant | 9 |
| meets all of the following requirements:
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| (1) successful passage of the licensure examination | 11 |
| authorized by the
Department;
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| (2) holds an active, unencumbered license in another | 13 |
| state; and
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| (3) has been actively practicing for a minimum of 2 | 15 |
| years in another
state.
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| (e) (Blank).
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| (f) Pending the issuance of a license under subsection (c) | 18 |
| of this Section,
the Department may grant an applicant a | 19 |
| temporary license to practice nursing
as a registered nurse or | 20 |
| as a licensed practical nurse if the Department is
satisfied | 21 |
| that the applicant holds an active, unencumbered license in | 22 |
| good
standing in another jurisdiction. If the applicant holds | 23 |
| more than one
current active license, or one or more active | 24 |
| temporary licenses from other
jurisdictions, the
Department | 25 |
| shall not issue a temporary license until it is satisfied that
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| each current active license held by the applicant is | 27 |
| unencumbered. The
temporary license, which shall be issued no | 28 |
| later than 14 working days
following receipt by the Department | 29 |
| of an application for the temporary
license, shall be granted | 30 |
| upon the submission of the following to the
Department:
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| (1) a signed and completed application for licensure | 32 |
| under subsection (a)
of this Section as a registered nurse | 33 |
| or a licensed practical nurse;
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| (2) proof of a current, active license in at least one | 35 |
| other jurisdiction
and proof that each current active | 36 |
| license or temporary license held by the
applicant within |
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| the last 5 years is unencumbered;
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| (3) a signed and completed application for a temporary | 3 |
| license; and
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| (4) the required temporary license fee.
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| (g) The Department may refuse to issue an applicant a | 6 |
| temporary
license authorized pursuant to this Section if, | 7 |
| within 14 working days
following its receipt of an application | 8 |
| for a temporary license, the
Department determines that:
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| (1) the applicant has been convicted of a crime under | 10 |
| the laws of a
jurisdiction of the United States: (i) which | 11 |
| is a felony; or (ii) which is a
misdemeanor directly | 12 |
| related to the practice of the profession, within the last
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| 5 years;
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| (2) within the last 5 years the applicant has had a | 15 |
| license or permit
related to the practice of nursing | 16 |
| revoked, suspended, or placed on probation
by
another | 17 |
| jurisdiction, if at least one of the grounds for revoking, | 18 |
| suspending,
or placing on probation is the same or | 19 |
| substantially equivalent to grounds in
Illinois; or
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| (3) it intends to deny licensure by endorsement.
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| For purposes of this Section, an "unencumbered license" | 22 |
| means a
license against which no disciplinary action has been | 23 |
| taken or is pending and
for which all fees and charges are paid | 24 |
| and current.
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| (h) The Department may revoke a temporary license issued | 26 |
| pursuant to this
Section if:
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| (1) it determines that the applicant has been convicted | 28 |
| of a crime under
the law of any jurisdiction of the United | 29 |
| States that is (i) a felony or
(ii) a misdemeanor directly | 30 |
| related to the practice of the profession,
within the last | 31 |
| 5 years;
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| (2) it determines that within the last 5 years the | 33 |
| applicant has had a
license or permit related to the | 34 |
| practice of nursing revoked, suspended, or
placed on | 35 |
| probation by another jurisdiction, if at least one of the | 36 |
| grounds for
revoking, suspending, or placing on probation |
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| is the same or substantially
equivalent to grounds in | 2 |
| Illinois; or
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| (3) it determines that it intends to deny licensure by | 4 |
| endorsement.
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| A temporary license shall expire 6 months from the date of | 6 |
| issuance.
Further renewal may be granted by the Department in | 7 |
| hardship cases, as defined
by rule and upon approval of the | 8 |
| Director. However, a temporary license shall
automatically | 9 |
| expire upon issuance of the Illinois license or upon | 10 |
| notification
that the Department intends to deny licensure, | 11 |
| whichever occurs first.
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| (i) Applicants have 3 years from the date of application to | 13 |
| complete the
application process. If the process has not been | 14 |
| completed within 3 years from
the date of application, the | 15 |
| application shall be denied, the fee forfeited,
and the | 16 |
| applicant must reapply and meet the requirements in effect at | 17 |
| the time
of reapplication.
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| (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02; | 19 |
| revised 2-17-03.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law. |
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