093_HB2280sam001

 










                                     LRB093 06695 AMC 15182 a

 1                    AMENDMENT TO HOUSE BILL 2280

 2        AMENDMENT NO.     .  Amend House Bill 2280  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Nurse Licensure Compact Act.

 6        Section  5.  Nurse  Licensure  Compact.  The   State   of
 7    Illinois  ratifies  and  approves the Nurse Licensure Compact
 8    and enters into it with all other jurisdictions that  legally
 9    join  in  the  compact,  which  is, in form, substantially as
10    follows:

11           ARTICLE I.  Findings and Declaration of Purpose

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

26                      ARTICLE II.  Definitions

27        As used in this Compact:
28        (a)  "Adverse  Action"  means  a  home  or  remote  state
29    action.
30        (b)  "Alternative    program"    means    a    voluntary,
31    non-disciplinary  monitoring  program  approved  by  a  nurse
32    licensing board.
33        (c)  "Coordinated  licensure information system" means an
 
                            -3-      LRB093 06695 AMC 15182 a
 1    integrated  process  for  collecting,  storing,  and  sharing
 2    information on nurse  licensure  and  enforcement  activities
 3    related  to  nurse licensure laws, which is administered by a
 4    non-profit organization composed of and controlled  by  state
 5    nurse licensing boards.
 6        (d)  "Current   significant   investigative  information"
 7    means:
 8             (1)  investigative  information  that  a   licensing
 9        board,   after   a   preliminary  inquiry  that  includes
10        notification and an opportunity for the nurse to  respond
11        if  required  by  state law, has reason to believe is not
12        groundless and, if proved true, would indicate more  than
13        a minor infraction; or
14             (2)  investigative  information  that indicates that
15        the nurse represents an immediate threat to public health
16        and safety regardless  of  whether  the  nurse  has  been
17        notified and had an opportunity to respond.
18        (e)  "Home  state"  means  the  party  state which is the
19    nurse's primary state of residence.
20        (f)  "Home state action" means any administrative, civil,
21    equitable or criminal action permitted by  the  home  state's
22    laws  which  are  imposed  on  a  nurse  by  the home state's
23    licensing board or other authority including actions  against
24    an  individual's  license  such  as:  revocation, suspension,
25    probation  or  any  other  action  which  affects  a  nurse's
26    authorization to practice.
27        (g)  "Licensing board" means a party  state's  regulatory
28    body responsible for issuing nurse licenses.
29        (h)  "Multistate   licensure  privilege"  means  current,
30    official  authority  from  a  remote  state  permitting   the
31    practice  of  nursing  as  either  a  registered  nurse  or a
32    licensed practical/vocational nurse in such party state.  All
33    party  states have the authority, in accordance with existing
34    state due process law, to take actions  against  the  nurse's
 
                            -4-      LRB093 06695 AMC 15182 a
 1    privilege  such  as: revocation, suspension, probation or any
 2    other  action  which  affects  a  nurse's  authorization   to
 3    practice.
 4        (i)  "Nurse"   means   a  registered  nurse  or  licensed
 5    practical/vocational nurse, as those  terms  are  defined  by
 6    each party's state practice laws.
 7        (j)  "Party  state" means any state that has adopted this
 8    Compact.
 9        (k)  "Remote state" means a party state, other  than  the
10    home state,
11             (1)  where  the  patient  is  located  at  the  time
12        nursing care is provided, or,
13             (2)  in  the  case  of  the  practice of nursing not
14        involving a  patient,  in  such  party  state  where  the
15        recipient of nursing practice is located.
16        (l)  "Remote state action" means
17             (1)  any   administrative,   civil,   equitable   or
18        criminal  action permitted by a remote state's laws which
19        are imposed on a nurse by the  remote  state's  licensing
20        board  or  other  authority  including actions against an
21        individual's multistate licensure privilege  to  practice
22        in the remote state, and
23             (2)  cease   and  desist  and  other  injunctive  or
24        equitable orders issued by remote states or the licensing
25        boards thereof.
26        (m)  "State" means a state, territory, or  possession  of
27    the   United   States,   the  District  of  Columbia  or  the
28    Commonwealth of Puerto Rico.
29        (n)  "State practice laws" means those individual party's
30    state laws  and  regulations  that  govern  the  practice  of
31    nursing, define the scope of nursing practice, and create the
32    methods  and grounds for imposing discipline. "State practice
33    laws"  does  not  include  the  initial  qualifications   for
34    licensure  or  requirements  necessary to obtain and retain a
 
                            -5-      LRB093 06695 AMC 15182 a
 1    license, except for qualifications  or  requirements  of  the
 2    home state.

 3          ARTICLE III.  General Provisions and Jurisdiction

 4        (a)  A license to practice registered nursing issued by a
 5    home  state to a resident in that state will be recognized by
 6    each  party  state  as  authorizing  a  multistate  licensure
 7    privilege to practice as a registered  nurse  in  such  party
 8    state.  A  license  to practice licensed practical/vocational
 9    nursing issued by a home state to a resident  in  that  state
10    will  be  recognized  by  each  party  state as authorizing a
11    multistate licensure privilege  to  practice  as  a  licensed
12    practical/vocational  nurse  in such party state. In order to
13    obtain or retain a license, an applicant must meet  the  home
14    state's  qualifications  for licensure and license renewal as
15    well as all other applicable state laws.
16        (b)  Party states  may,  in  accordance  with  state  due
17    process  laws,  limit  or  revoke  the  multistate  licensure
18    privilege  of  any  nurse  to practice in their state and may
19    take any other actions  under  their  applicable  state  laws
20    necessary to protect the health and safety of their citizens.
21    If  a party state takes such action, it shall promptly notify
22    the administrator of the  coordinated  licensure  information
23    system.   The  administrator  of  the  coordinated  licensure
24    information system shall promptly notify the  home  state  of
25    any such actions by remote states.
26        (c)  Every  nurse practicing in a party state must comply
27    with the state practice  laws  of  the  state  in  which  the
28    patient is located at the time care is rendered. In addition,
29    the  practice  of nursing is not limited to patient care, but
30    shall include all nursing practice as defined  by  the  state
31    practice  laws of a party state. The practice of nursing will
32    subject a nurse to the jurisdiction of  the  nurse  licensing
33    board  and  the  courts,  as  well as the laws, in that party
 
                            -6-      LRB093 06695 AMC 15182 a
 1    state.
 2        (d)  This Compact does not affect additional requirements
 3    imposed by states for advanced practice  registered  nursing.
 4    However,   a   multistate  licensure  privilege  to  practice
 5    registered  nursing  granted  by  a  party  state  shall   be
 6    recognized  by  other  party  states as a license to practice
 7    registered nursing if one is  required  by  state  law  as  a
 8    precondition  for qualifying for advanced practice registered
 9    nurse authorization.
10        (e)  Individuals not residing  in  a  party  state  shall
11    continue  to be able to apply for nurse licensure as provided
12    for under the laws of each party state. However, the  license
13    granted  to  these  individuals  will  not  be  recognized as
14    granting the privilege to practice nursing in any other party
15    state unless explicitly agreed to by that party state.

16      ARTICLE IV.  Applications for Licensure in a Party State

17        (a)  Upon application for a license, the licensing  board
18    in  a  party  state  shall ascertain, through the coordinated
19    licensure information system, whether the applicant has  ever
20    held,  or  is  the  holder  of, a license issued by any other
21    state, whether there are any restrictions on  the  multistate
22    licensure  privilege, and whether any other adverse action by
23    any state has been taken against the license.
24        (b)  A nurse in a party state  shall  hold  licensure  in
25    only one party state at a time, issued by the home state.
26        (c)  A  nurse  who  intends  to  change  primary state of
27    residence may apply for licensure in the new  home  state  in
28    advance  of  such  change.  However, new licenses will not be
29    issued by a party state until after a nurse provides evidence
30    of change in primary state of residence satisfactory  to  the
31    new home state's licensing board.
32        (d)  When a nurse changes primary state of residence by:
33             (1)  moving  between two party states, and obtains a
 
                            -7-      LRB093 06695 AMC 15182 a
 1        license from the new home state,  the  license  from  the
 2        former home state is no longer valid;
 3             (2)  moving from a non-party state to a party state,
 4        and  obtains  a  license  from  the  new  home state, the
 5        individual state license issued by the non-party state is
 6        not affected and will remain in full force if so provided
 7        by the laws of the non-party state;
 8             (3)  moving from a party state to a non-party state,
 9        the license issued by the prior home state converts to an
10        individual state license, valid only in the  former  home
11        state,  without  the  multistate  licensure  privilege to
12        practice in other party states.

13                     ARTICLE V.  Adverse Actions

14        In  addition  to  the  General  Provisions  described  in
15    Article III, the following provisions apply:
16        (a)  The licensing board of a remote state shall promptly
17    report to the  administrator  of  the  coordinated  licensure
18    information  system  any  remote  state actions including the
19    factual and legal  basis  for  such  action,  if  known.  The
20    licensing  board of a remote state shall also promptly report
21    any significant  current  investigative  information  yet  to
22    result  in  a  remote  state action. The administrator of the
23    coordinated  licensure  information  system  shall   promptly
24    notify the home state of any such reports.
25        (b)  The  licensing board of a party state shall have the
26    authority to complete any pending investigations for a  nurse
27    who  changes  primary state of residence during the course of
28    such investigations. It shall also have the authority to take
29    appropriate  action(s),  and  shall   promptly   report   the
30    conclusions  of  such  investigations to the administrator of
31    the   coordinated   licensure   information    system.    The
32    administrator of the coordinated licensure information system
33    shall promptly notify the new home state of any such actions.
 
                            -8-      LRB093 06695 AMC 15182 a
 1        (c)  A remote state may take adverse action affecting the
 2    multistate  licensure privilege to practice within that party
 3    state. However, only the home state shall have the  power  to
 4    impose  adverse action against the license issued by the home
 5    state.
 6        (d)  For  purposes  of  imposing  adverse   action,   the
 7    licensing  board  of  the  home  state  shall  give  the same
 8    priority and effect  to  reported  conduct  received  from  a
 9    remote  state as it would if such conduct had occurred within
10    the home state. In so doing, it shall  apply  its  own  state
11    laws to determine appropriate action.
12        (e)  The  home state may take adverse action based on the
13    factual findings of the remote state, so long as  each  state
14    follows its own procedures for imposing such adverse action.
15        (f)  Nothing  in  this  Compact  shall  override  a party
16    state's decision that participation in an alternative program
17    may be used  in  lieu  of  licensure  action  and  that  such
18    participation  shall  remain  non-public  if  required by the
19    party state's laws. Party  states  must  require  nurses  who
20    enter  any  alternative  programs to agree not to practice in
21    any other party state during  the  term  of  the  alternative
22    program  without  prior  authorization  from such other party
23    state.

24            ARTICLE VI.  Additional Authorities Invested
25                in Party State Nurse Licensing Boards

26        Notwithstanding  any  other  powers,  party  state  nurse
27    licensing boards shall have the authority to:
28        (a)  if otherwise permitted by state  law,  recover  from
29    the   affected   nurse   the   costs  of  investigations  and
30    disposition of cases resulting from any adverse action  taken
31    against that nurse;
32        (b)  issue subpoenas for both hearings and investigations
33    which  require the attendance and testimony of witnesses, and
 
                            -9-      LRB093 06695 AMC 15182 a
 1    the production of  evidence.  Subpoenas  issued  by  a  nurse
 2    licensing  board  in  a  party  state  for the attendance and
 3    testimony of witnesses, and/or  the  production  of  evidence
 4    from  another  party  state,  shall be enforced in the latter
 5    state by any court of competent  jurisdiction,  according  to
 6    the  practice  and  procedure  of  that  court  applicable to
 7    subpoenas  issued  in  proceedings  pending  before  it.  The
 8    issuing  authority  shall  pay  any  witness   fees,   travel
 9    expenses,  mileage  and  other  fees  required by the service
10    statutes of the state where the witnesses and/or evidence are
11    located.
12        (c)  issue cease and desist orders to limit or  revoke  a
13    nurse's authority to practice in their state;
14        (d)  promulgate uniform rules and regulations as provided
15    for in Article VIII(c).

16       ARTICLE VII.  Coordinated Licensure Information System

17        (a)  All  party states shall participate in a cooperative
18    effort to create a coordinated  data  base  of  all  licensed
19    registered  nurses  and licensed practical/vocational nurses.
20    This system will include information  on  the  licensure  and
21    disciplinary  history  of each nurse, as contributed by party
22    states, to assist in the coordination of nurse licensure  and
23    enforcement efforts.
24        (b)  Notwithstanding  any  other  provision  of  law, all
25    party states' licensing boards shall promptly report  adverse
26    actions, actions against multistate licensure privileges, any
27    current  significant  investigative information yet to result
28    in adverse action, denials of applications, and  the  reasons
29    for  such  denials,  to the coordinated licensure information
30    system.
31        (c)  Current significant investigative information  shall
32    be  transmitted through the coordinated licensure information
33    system only to party state licensing boards.
 
                            -10-     LRB093 06695 AMC 15182 a
 1        (d)  Notwithstanding any  other  provision  of  law,  all
 2    party  states'  licensing  boards contributing information to
 3    the coordinated licensure information  system  may  designate
 4    information  that  may not be shared with non-party states or
 5    disclosed  to  other  entities  or  individuals  without  the
 6    express permission of the contributing state.
 7        (e)  Any personally identifiable information obtained  by
 8    a   party   states'  licensing  board  from  the  coordinated
 9    licensure information system may not be shared with non-party
10    states or disclosed to other entities or  individuals  except
11    to  the  extent  permitted  by  the  laws  of the party state
12    contributing the information.
13        (f)  Any  information  contributed  to  the   coordinated
14    licensure information system that is subsequently required to
15    be  expunged by the laws of the party state contributing that
16    information, shall also  be  expunged  from  the  coordinated
17    licensure information system.
18        (g)  The Compact administrators, acting jointly with each
19    other  and  in  consultation  with  the  administrator of the
20    coordinated licensure  information  system,  shall  formulate
21    necessary  and  proper  procedures  for  the  identification,
22    collection and exchange of information under this Compact.

23              ARTICLE VIII.  Compact Administration and
24                     Interchange of Information

25        (a)  The  head  of  the nurse licensing board, or his/her
26    designee, of each party state shall be the  administrator  of
27    this Compact for his/her state.
28        (b)  The  Compact administrator of each party state shall
29    furnish to the Compact  administrator  of  each  other  party
30    state  any  information  and  documents  including,  but  not
31    limited to, a uniform data set of investigations, identifying
32    information,  licensure  data,  and  disclosable  alternative
33    program   participation   information   to   facilitate   the
 
                            -11-     LRB093 06695 AMC 15182 a
 1    administration of this Compact.
 2        (c)  Compact  administrators  shall have the authority to
 3    develop  uniform   rules   to   facilitate   and   coordinate
 4    implementation  of this Compact. These uniform rules shall be
 5    adopted by party states, under the authority  invested  under
 6    Article VI (d).

 7                        ARTICLE IX.  Immunity

 8        No  party state or the officers or employees or agents of
 9    a party state's nurse licensing board who acts in  accordance
10    with  the  provisions  of  this  Compact  shall  be liable on
11    account of any act or omission in good faith while engaged in
12    the performance of their  duties  under  this  Compact.  Good
13    faith  in  this article shall not include willful misconduct,
14    gross negligence, or recklessness.

15       ARTICLE X.  Entry into Force, Withdrawal and Amendment

16        (a)  This Compact  shall  enter  into  force  and  become
17    effective  as  to any state when it has been enacted into the
18    laws of that state. Any party state may  withdraw  from  this
19    Compact by enacting a statute repealing the same, but no such
20    withdrawal  shall  take  effect  until  six  months after the
21    withdrawing state has given notice of the withdrawal  to  the
22    executive heads of all other party states.
23        (b)  No   withdrawal   shall   affect   the  validity  or
24    applicability by the licensing  boards  of  states  remaining
25    party  to  the  Compact  of  any  report  of  adverse  action
26    occurring prior to the withdrawal.
27        (c)  Nothing contained in this Compact shall be construed
28    to  invalidate  or  prevent  any nurse licensure agreement or
29    other cooperative arrangement between a  party  state  and  a
30    non-party  state  that  is  made in accordance with the other
31    provisions of this Compact.
 
                            -12-     LRB093 06695 AMC 15182 a
 1        (d)  This Compact may be amended by the party states.  No
 2    amendment  to this Compact shall become effective and binding
 3    upon the party states unless and until it is enacted into the
 4    laws of all party states.

 5             ARTICLE XI.  Construction and Severability

 6        (a)  This Compact shall be liberally construed so  as  to
 7    effectuate  the  purposes  thereof.  The  provisions  of this
 8    Compact  shall  be  severable  and  if  any  phrase,  clause,
 9    sentence or provision of  this  Compact  is  declared  to  be
10    contrary  to  the  constitution  of any party state or of the
11    United States or the applicability thereof to any government,
12    agency, person or circumstance is held invalid, the  validity
13    of  the  remainder  of  this  Compact  and  the applicability
14    thereof to any government,  agency,  person  or  circumstance
15    shall  not be affected thereby. If this Compact shall be held
16    contrary to the constitution of any state party thereto,  the
17    Compact  shall  remain  in  full  force  and effect as to the
18    remaining party states and in full force and effect as to the
19    party state affected as to all severable matters.
20        (b)  In the event party states find a need  for  settling
21    disputes arising under this Compact:
22             (1)  The  party  states  may  submit  the  issues in
23        dispute to an arbitration panel which will  be  comprised
24        of  an  individual appointed by the Compact administrator
25        in the home state; an individual appointed by the Compact
26        administrator in the remote  state(s)  involved;  and  an
27        individual   mutually   agreed   upon   by   the  Compact
28        administrators of all the party states  involved  in  the
29        dispute.
30             (2)  The  decision  of a majority of the arbitrators
31        shall be final and binding.

32        Section 10.  Compact administrator. The head of the nurse
 
                            -13-     LRB093 06695 AMC 15182 a
 1    licensing board as used to define the  compact  administrator
 2    in  Article VIII(a) of the Compact shall mean the Nursing Act
 3    Coordinator as defined under Section 10-15 of the Nursing and
 4    Advanced Practice Nursing Act.

 5        Section  12.  Rules.   The  Department  of   Professional
 6    Regulation   shall   adopt   any   rules  necessary  for  the
 7    implementation of this Act.

 8        Section  15.  Compact  Evaluation  Initiative.  Upon  the
 9    effective date of this Compact,  the  licensing  board  shall
10    participate  in  a  Compact Evaluation Initiative designed to
11    evaluate the effectiveness and operability  of  the  Compact.
12    Such  Compact  Evaluation Initiative shall be conducted by an
13    outside researcher.  A  component  of  the  Evaluation  shall
14    include  a  remote  state identification system through which
15    nurses shall designate those remote states in which the nurse
16    is  practicing.  A  nurse's  practice  information  in   such
17    identification  system  shall  be  updated  upon issuance and
18    renewal of the nurse license. The Evaluation  shall  continue
19    until  the  year  2005,  after  which  time a report shall be
20    produced for comment by the  participating  licensing  boards
21    and shall be submitted to the General Assembly in the form of
22    a Nurse Licensure Compact evaluation report.

23        Section  20.  Costs  of  investigation and disposition of
24    cases. To facilitate  cross-state  enforcement  efforts,  the
25    General  Assembly  finds that it is necessary for Illinois to
26    have the power to recover from the affected nurse  the  costs
27    of  investigations  and  disposition  of cases resulting from
28    adverse actions taken by this State against that nurse.

29        Section  25.  Statutory  obligations.  This  Compact   is
30    designed  to facilitate the regulation of nurses and does not
 
                            -14-     LRB093 06695 AMC 15182 a
 1    relieve employers from  complying  with  statutorily  imposed
 2    obligations.

 3        Section  30.  State  labor  laws.  This  Compact does not
 4    supersede existing State labor laws.

 5        Section 90.  The Nursing and  Advanced  Practice  Nursing
 6    Act  is amended by changing Sections 5-10, 5-15, and 10-30 as
 7    follows:

 8        (225 ILCS 65/5-10)
 9        (Section scheduled to be repealed on January 1, 2008)
10        Sec. 5-10.  Definitions.  Each of  the  following  terms,
11    when  used in this Act, shall have the meaning ascribed to it
12    in this Section, except where the context  clearly  indicates
13    otherwise:
14        (a)  "Department"  means  the  Department of Professional
15    Regulation.
16        (b)  "Director"  means  the  Director   of   Professional
17    Regulation.
18        (c)  "Board"  means the Board of Nursing appointed by the
19    Director.
20        (d)  "Academic year" means the customary annual  schedule
21    of  courses  at  a  college,  university, or approved school,
22    customarily regarded as the school year as distinguished from
23    the calendar year.
24        (e)  "Approved program of professional nursing education"
25    and "approved program of  practical  nursing  education"  are
26    programs  of professional or practical nursing, respectively,
27    approved by the Department under the provisions of this Act.
28        (f)  "Nursing  Act  Coordinator"   means   a   registered
29    professional nurse appointed by the Director to carry out the
30    administrative policies of the Department.
31        (g)  "Assistant   Nursing   Act   Coordinator"   means  a
 
                            -15-     LRB093 06695 AMC 15182 a
 1    registered professional nurse appointed by  the  Director  to
 2    assist  in  carrying  out  the administrative policies of the
 3    Department.
 4        (h)  "Registered" is the equivalent of "licensed".
 5        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
 6    means a person who is licensed as  a  practical  nurse  under
 7    this  Act  or  holds the privilege to practice under this Act
 8    and practices practical nursing as defined in  paragraph  (j)
 9    of  this Section.  Only a practical nurse licensed or granted
10    the privilege to practice under this Act is entitled  to  use
11    the  title  "licensed  practical  nurse" and the abbreviation
12    "L.P.N.".
13        (j)  "Practical nursing" means the performance of nursing
14    acts requiring the basic nursing  knowledge,  judgement,  and
15    skill   acquired  by  means  of  completion  of  an  approved
16    practical  nursing  education  program.   Practical   nursing
17    includes assisting in the nursing process as delegated by and
18    under  the direction of a registered professional nurse.  The
19    practical nurse may work under the direction  of  a  licensed
20    physician,   dentist,   podiatrist,   or  other  health  care
21    professional determined by the Department.
22        (k)  "Registered  Nurse"  or   "Registered   Professional
23    Nurse" means a person who is licensed as a professional nurse
24    under  this Act or holds the privilege to practice under this
25    Act and practices nursing as defined in paragraph (l) of this
26    Section.  Only a registered nurse  licensed  or  granted  the
27    privilege  to  practice under this Act is entitled to use the
28    titles "registered nurse" and "registered professional nurse"
29    and the abbreviation, "R.N.".
30        (l)  "Registered professional nursing practice"  includes
31    all  nursing  specialities  and  means the performance of any
32    nursing act based upon professional knowledge, judgment,  and
33    skills  acquired  by  means  of  completion  of  an  approved
34    registered   professional   nursing   education  program.   A
 
                            -16-     LRB093 06695 AMC 15182 a
 1    registered   professional   nurse   provides   nursing   care
 2    emphasizing   the   importance   of   the   whole   and   the
 3    interdependence of its parts through the nursing  process  to
 4    individuals,  groups, families, or communities, that includes
 5    but is not limited  to:  (1)  the  assessment  of  healthcare
 6    needs,   nursing  diagnosis,  planning,  implementation,  and
 7    nursing  evaluation;  (2)  the  promotion,  maintenance,  and
 8    restoration of health;  (3)  counseling,  patient  education,
 9    health    education,    and   patient   advocacy;   (4)   the
10    administration of medications and treatments as prescribed by
11    a physician licensed to  practice  medicine  in  all  of  its
12    branches,  a  licensed  dentist,  a licensed podiatrist, or a
13    licensed  optometrist  or  as  prescribed  by   a   physician
14    assistant  in  accordance  with  written  guidelines required
15    under the Physician Assistant Practice Act of 1987 or  by  an
16    advanced   practice   nurse  in  accordance  with  a  written
17    collaborative  agreement  required  under  the  Nursing   and
18    Advanced  Practice  Nursing  Act;  (5)  the  coordination and
19    management of the nursing plan of care; (6) the delegation to
20    and supervision of  individuals  who  assist  the  registered
21    professional  nurse  implementing  the  plan of care; and (7)
22    teaching and supervision of nursing students.  The  foregoing
23    shall  not  be  deemed  to  include  those  acts  of  medical
24    diagnosis   or  prescription  of  therapeutic  or  corrective
25    measures that  are  properly  performed  only  by  physicians
26    licensed in the State of Illinois.
27        (m)  "Current  nursing  practice  update  course" means a
28    planned  nursing  education  curriculum   approved   by   the
29    Department  consisting  of  activities  that have educational
30    objectives, instructional methods, content or subject matter,
31    clinical practice, and evaluation methods, related  to  basic
32    review  and  updating  content  and  specifically planned for
33    those nurses previously licensed in the United States or  its
34    territories and preparing for reentry into nursing practice.
 
                            -17-     LRB093 06695 AMC 15182 a
 1        (n)  "Professional assistance program for nurses" means a
 2    professional   assistance   program   that   meets   criteria
 3    established  by  the  Board  of  Nursing  and approved by the
 4    Director,  which  provides   a   non-disciplinary   treatment
 5    approach  for nurses licensed under this Act whose ability to
 6    practice is compromised  by  alcohol  or  chemical  substance
 7    addiction.
 8        (o)  "Privilege  to  practice" means the authorization to
 9    practice as a practical nurse or a registered  nurse  in  the
10    State under the Nurse Licensure Compact.
11        (p)  "License" or "licensed" means the permission granted
12    a  person  to  practice nursing under this Act, including the
13    privilege to practice.
14        (q)  "Licensee" means a person  who  has  been  issued  a
15    license  to  practice  nursing  in the state or who holds the
16    privilege to practice nursing in this State.
17    (Source: P.A. 90-61,  eff.  12-30-97;  90-248,  eff.  1-1-98;
18    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

19        (225 ILCS 65/5-15)
20        (Section scheduled to be repealed on January 1, 2008)
21        Sec. 5-15. Policy; application of Act. For the protection
22    of  life  and  the promotion of health, and the prevention of
23    illness and communicable diseases, any person  practicing  or
24    offering  to  practice  professional and practical nursing in
25    Illinois shall submit evidence that he or she is qualified to
26    practice, and shall be licensed  or  hold  the  privilege  to
27    practice  as  provided  under  this  Act.   No  person  shall
28    practice  or  offer  to  practice  professional  or practical
29    nursing in Illinois or use any title, sign, card or device to
30    indicate that such a person  is  practicing  professional  or
31    practical  nursing  unless  such  person has been licensed or
32    holds the privilege to practice under the provisions of  this
33    Act.
 
                            -18-     LRB093 06695 AMC 15182 a
 1        This Act does not prohibit the following:
 2             (a)  The  practice  of nursing in Federal employment
 3        in the discharge of the employee's duties by a person who
 4        is employed  by  the  United  States  government  or  any
 5        bureau,  division  or  agency  thereof  and  is a legally
 6        qualified  and  licensed  nurse  of  another   state   or
 7        territory  and not in conflict with Sections 10-5, 10-30,
 8        and 10-45 of this Act.
 9             (b)  Nursing that is included in  their  program  of
10        study  by  students enrolled in programs of nursing or in
11        current nurse practice update  courses  approved  by  the
12        Department.
13             (c)  The  furnishing  of  nursing  assistance  in an
14        emergency.
15             (d)  The practice of nursing by a nurse who holds an
16        active license in another state when  providing  services
17        to patients in Illinois during a bonafide emergency or in
18        immediate preparation for or during interstate transit.
19             (e)  The  incidental  care of the sick by members of
20        the family, domestic servants or housekeepers, or care of
21        the sick where treatment is by prayer or spiritual means.
22             (f)  Persons from being employed as  nursing  aides,
23        attendants,  orderlies,  and  other  auxiliary workers in
24        private homes,  long  term  care  facilities,  nurseries,
25        hospitals or other institutions.
26             (g)  The  practice  of  practical nursing by one who
27        has applied in writing to  the  Department  in  form  and
28        substance  satisfactory  to the Department, for a license
29        as a licensed practical nurse and who has  complied  with
30        all  the  provisions  under  Section  10-30,  except  the
31        passing  of an examination to be eligible to receive such
32        license, until:  the decision of the Department that  the
33        applicant   has   failed   to  pass  the  next  available
34        examination authorized by the Department or  has  failed,
 
                            -19-     LRB093 06695 AMC 15182 a
 1        without  an  approved  excuse, to take the next available
 2        examination authorized by the  Department  or  until  the
 3        withdrawal  of  the  application,  but  not  to  exceed 3
 4        months.  No applicant for licensure practicing under  the
 5        provisions  of  this  paragraph  shall practice practical
 6        nursing  except  under  the  direct  supervision   of   a
 7        registered  professional nurse licensed under this Act or
 8        a licensed  physician,  dentist  or  podiatrist.   In  no
 9        instance shall any such applicant practice or be employed
10        in any supervisory capacity.
11             (h)  The practice of practical nursing by one who is
12        a licensed practical nurse under the laws of another U.S.
13        jurisdiction   and   has   applied   in  writing  to  the
14        Department, in form and  substance  satisfactory  to  the
15        Department,  for  a license as a licensed practical nurse
16        and who  is  qualified  to  receive  such  license  under
17        Section 10-30, until (1) the expiration of 6 months after
18        the   filing   of   such  written  application,  (2)  the
19        withdrawal of such application, or (3) the denial of such
20        application by the Department.
21             (i)  The practice of professional nursing by one who
22        has applied in writing to  the  Department  in  form  and
23        substance satisfactory to the Department for a license as
24        a registered professional nurse and has complied with all
25        the  provisions under Section 10-30 except the passing of
26        an examination to be eligible to  receive  such  license,
27        until   the decision of the Department that the applicant
28        has  failed  to  pass  the  next  available   examination
29        authorized  by  the  Department or has failed, without an
30        approved excuse, to take the next  available  examination
31        authorized  by  the Department or until the withdrawal of
32        the  application,  but  not  to  exceed  3  months.    No
33        applicant  for  licensure practicing under the provisions
34        of this paragraph  shall  practice  professional  nursing
 
                            -20-     LRB093 06695 AMC 15182 a
 1        except  under  the  direct  supervision  of  a registered
 2        professional  nurse  licensed  under  this  Act.   In  no
 3        instance shall any such applicant practice or be employed
 4        in any supervisory capacity.
 5             (j)  The practice of professional nursing by one who
 6        is a registered professional  nurse  under  the  laws  of
 7        another  state, territory of the United States or country
 8        and has applied in writing to the Department, in form and
 9        substance satisfactory to the Department, for  a  license
10        as  a  registered professional nurse and who is qualified
11        to receive such license under Section 10-30,  until   (1)
12        the  expiration  of  6  months  after  the filing of such
13        written  application,  (2)   the   withdrawal   of   such
14        application, or (3) the denial of such application by the
15        Department.
16             (k)  The  practice  of  professional nursing that is
17        included in a program of study by one who is a registered
18        professional nurse under the laws  of  another  state  or
19        territory  of  the  United  States  or  foreign  country,
20        territory  or  province and who is enrolled in a graduate
21        nursing education program or a program for the completion
22        of a baccalaureate nursing degree in  this  State,  which
23        includes clinical supervision by faculty as determined by
24        the  educational institution offering the program and the
25        health care organization where the  practice  of  nursing
26        occurs.   The  educational institution will file with the
27        Department each academic term a list  of  the  names  and
28        origin  of  license of all professional nurses practicing
29        nursing as part of their programs under this provision.
30             (l)  Any person licensed in  this  State  under  any
31        other  Act from engaging in the practice for which she or
32        he is licensed.
33             (m)  Delegation  to  authorized  direct  care  staff
34        trained under Section  15.4  of  the  Mental  Health  and
 
                            -21-     LRB093 06695 AMC 15182 a
 1        Developmental Disabilities Administrative Act.
 2        An  applicant for license practicing under the exceptions
 3    set forth in subparagraphs (g), (h), (i),  and  (j)  of  this
 4    Section  shall  use  the title R.N. Lic. Pend. or L.P.N. Lic.
 5    Pend. respectively and no other.
 6    (Source: P.A. 90-61,  eff.  12-30-97;  90-248,  eff.  1-1-98;
 7    90-655,  eff.  7-30-98;  90-742,  eff.  8-13-98; 91-630, eff.
 8    8-19-99.)

 9        (225 ILCS 65/10-30)
10        (Section scheduled to be repealed on January 1, 2008)
11        Sec. 10-30.  Qualifications for licensure.
12        (a)  Each   applicant   who   successfully   meets    the
13    requirements  of  this Section shall be entitled to licensure
14    as a Registered Nurse or Licensed Practical Nurse,  whichever
15    is applicable.
16        (b)  An   applicant   for  licensure  by  examination  to
17    practice as a registered nurse or  licensed  practical  nurse
18    shall:
19             (1)  submit  a  completed  written  application,  on
20        forms  provided by the Department and fees as established
21        by the Department;
22             (2)  for registered nurse licensure, have  graduated
23        from a professional nursing education program approved by
24        the Department;
25             (2.5)  for  licensed practical nurse licensure, have
26        graduated graduate from  a  practical  nursing  education
27        program approved by the Department;
28             (3)  have  not  violated  the  provisions of Section
29        10-45  of  this  Act.   The  Department  may  take   into
30        consideration any felony conviction of the applicant, but
31        such a conviction shall not operate as an absolute bar to
32        licensure;
33             (4)  meet  all  other requirements as established by
 
                            -22-     LRB093 06695 AMC 15182 a
 1        rule;
 2             (5)  pay, either to the Department or its designated
 3        testing service, a fee covering the cost of providing the
 4        examination.  Failure to appear for  the  examination  on
 5        the  scheduled date at the time and place specified after
 6        the applicant's  application  for  examination  has  been
 7        received  and  acknowledged  by  the  Department  or  the
 8        designated testing service shall result in the forfeiture
 9        of the examination fee.
10        If  an  applicant  neglects, fails, or refuses to take an
11    examination or fails to pass an  examination  for  a  license
12    under  this  Act within 3 years after filing the application,
13    the application shall be denied.  However, the applicant  may
14    make  a  new  application accompanied by the required fee and
15    provide evidence of meeting the requirements in force at  the
16    time of the new application.
17        An   applicant  may  take  and  successfully  complete  a
18    Department-approved  examination  in  another   jurisdiction.
19    However,  an applicant who has never been licensed previously
20    in  any  jurisdiction  that  utilizes  a  Department-approved
21    examination  and  who  has  taken  and  failed  to  pass  the
22    examination within 3 years after filing the application  must
23    submit     proof    of    successful    completion    of    a
24    Department-authorized   nursing    education    program    or
25    recompletion  of  an  approved  registered nursing program or
26    licensed practical nursing program, as appropriate, prior  to
27    re-application.
28        An  applicant  shall  have  one  year  from  the  date of
29    notification of successful completion of the  examination  to
30    apply to the Department for a license.  If an applicant fails
31    to  apply within one year, the applicant shall be required to
32    again take  and  pass  the  examination  unless  licensed  in
33    another  jurisdiction of the United States within one year of
34    passing the examination.
 
                            -23-     LRB093 06695 AMC 15182 a
 1        (c)  An applicant for licensure by endorsement who  is  a
 2    registered  professional  nurse or a licensed practical nurse
 3    licensed by examination under the laws of  another  state  or
 4    territory   of  the  United  States  or  a  foreign  country,
 5    jurisdiction, territory, or province shall:
 6             (1)  submit  a  completed  written  application,  on
 7        forms supplied by the Department, and fees as established
 8        by the Department;
 9             (2)  for registered nurse licensure, have  graduated
10        from a professional nursing education program approved by
11        the Department;
12             (2.5)  for  licensed practical nurse licensure, have
13        graduated from  a  practical  nursing  education  program
14        approved by the Department;
15             (3)  submit   verification   of   licensure   status
16        directly   from   the   United   States  jurisdiction  of
17        licensure, if applicable, as defined by rule;
18             (4)  have passed the examination authorized  by  the
19        Department;
20             (5)  meet  all  other requirements as established by
21        rule.
22        (d)  All  applicants  for  registered   nurse   licensure
23    pursuant  to  item  (2)  of  subsection  (b)  and item (2) of
24    subsection (c) of this Section who are graduates  of  nursing
25    educational  programs  in  a  country  other  than the United
26    States or its  territories  must  submit  to  the  Department
27    certification  of  successful completion of the Commission of
28    Graduates of Foreign Nursing Schools (CGFNS) examination.  An
29    applicant who is unable to provide appropriate  documentation
30    to satisfy CGFNS of her or his educational qualifications for
31    the   CGFNS   examination   shall  be  required  to  pass  an
32    examination to test competency in the English language, which
33    shall be prescribed by the Department, if  the  applicant  is
34    determined  by  the  Board  to  be  educationally prepared in
 
                            -24-     LRB093 06695 AMC 15182 a
 1    nursing.  The Board shall make appropriate inquiry  into  the
 2    reasons  for any adverse determination by CGFNS before making
 3    its own decision.
 4        An applicant licensed in another state or  territory  who
 5    is  applying  for  licensure  and  has  received  her  or his
 6    education in a country other than the United  States  or  its
 7    territories  shall  be  exempt  from  the  completion  of the
 8    Commission of Graduates of Foreign  Nursing  Schools  (CGFNS)
 9    examination  if  the  applicant  meets  all  of the following
10    requirements:
11             (1)  successful passage of the licensure examination
12        authorized by the Department;
13             (2)  holds  an  active,  unencumbered   license   in
14        another state; and
15             (3)  has been actively practicing for a minimum of 2
16        years in another state.
17        (e)  (Blank).
18        (f)  Pending  the  issuance of a license under subsection
19    (c) of this Section, the Department may grant an applicant  a
20    temporary  license  to practice nursing as a registered nurse
21    or as  a  licensed  practical  nurse  if  the  Department  is
22    satisfied  that  the  applicant holds an active, unencumbered
23    license in good standing in  another  jurisdiction.   If  the
24    applicant  holds more than one current active license, or one
25    or more active temporary licenses from  other  jurisdictions,
26    the  Department  shall not issue a temporary license until it
27    is satisfied that each current active  license  held  by  the
28    applicant  is  unencumbered.   The  temporary  license, which
29    shall be issued no  later  than  14  working  days  following
30    receipt by the Department of an application for the temporary
31    license,   shall  be  granted  upon  the  submission  of  the
32    following to the Department:
33             (1)  a  signed   and   completed   application   for
34        licensure  under  subsection  (a)  of  this  Section as a
 
                            -25-     LRB093 06695 AMC 15182 a
 1        registered nurse or a licensed practical nurse;
 2             (2)  proof of a current, active license in at  least
 3        one other jurisdiction and proof that each current active
 4        license or temporary license held by the applicant within
 5        the last 5 years is unencumbered;
 6             (3)  a   signed  and  completed  application  for  a
 7        temporary license; and
 8             (4)  the required temporary license fee.
 9        (g)  The Department may refuse to issue  an  applicant  a
10    temporary  license  authorized  pursuant  to this Section if,
11    within  14  working  days  following  its   receipt   of   an
12    application   for   a   temporary   license,  the  Department
13    determines that:
14             (1)  the applicant has been  convicted  of  a  crime
15        under  the  laws  of a jurisdiction of the United States:
16        (i) which is a felony; or (ii)  which  is  a  misdemeanor
17        directly  related  to  the  practice  of  the profession,
18        within the last 5 years;
19             (2)  within the last 5 years the applicant has had a
20        license or permit related  to  the  practice  of  nursing
21        revoked,  suspended,  or  placed  on probation by another
22        jurisdiction,  if  at  least  one  of  the  grounds   for
23        revoking, suspending, or placing on probation is the same
24        or substantially equivalent to grounds in Illinois; or
25             (3)  it intends to deny licensure by endorsement.
26        For  purposes  of this Section, an "unencumbered license"
27    means a license against which no disciplinary action has been
28    taken or is pending and for which all fees  and  charges  are
29    paid and current.
30        (h)  The Department may revoke a temporary license issued
31    pursuant to this Section if:
32             (1)  it  determines  that  the  applicant  has  been
33        convicted of a crime under the law of any jurisdiction of
34        the  United  States  that  is  (i)  a  felony  or  (ii) a
 
                            -26-     LRB093 06695 AMC 15182 a
 1        misdemeanor directly  related  to  the  practice  of  the
 2        profession, within the last 5 years;
 3             (2)  it  determines that within the last 5 years the
 4        applicant has had a license  or  permit  related  to  the
 5        practice  of  nursing  revoked,  suspended,  or placed on
 6        probation by another jurisdiction, if at least one of the
 7        grounds for revoking, suspending, or placing on probation
 8        is the same or substantially  equivalent  to  grounds  in
 9        Illinois; or
10             (3)  it determines that it intends to deny licensure
11        by endorsement.
12        A  temporary  license shall expire 6 months from the date
13    of  issuance.    Further  renewal  may  be  granted  by   the
14    Department  in  hardship  cases,  as defined by rule and upon
15    approval of the Director.  However, a temporary license shall
16    automatically expire upon issuance of the Illinois license or
17    upon  notification  that  the  Department  intends  to   deny
18    licensure, whichever occurs first.
19        (i)  Applicants have 3 years from the date of application
20    to  complete  the application process. If the process has not
21    been completed within 3 years from the date  of  application,
22    the  application  shall be denied, the fee forfeited, and the
23    applicant must reapply and meet the requirements in effect at
24    the time of reapplication.
25        (j)  A practical nurse licensed by a  party  state  under
26    the  Nurse  Licensure  Compact  is  granted  the privilege to
27    practice practical nursing in this State. A registered  nurse
28    licensed  by  a party state under the Nurse Licensure Compact
29    is granted the privilege to practice  registered  nursing  in
30    this  State.  A  practical  nurse or registered nurse who has
31    been granted the privilege to practice nursing in this  State
32    under  this subsection, shall notify the Department, prior to
33    commencing  employment  in  this  State  as  a  practical  or
34    registered nurse, of the identity and location of the nurse's
 
                            -27-     LRB093 06695 AMC 15182 a
 1    prospective employer. A practical nurse or  registered  nurse
 2    who  has  been  granted  the privilege to practice nursing in
 3    this State under this subsection is subject to  the  schedule
 4    of  fees  authorized  under  Section  20-35  and the criminal
 5    background check required under Section  5-23  of  this  Act,
 6    provided  that the practical or registered nurse may exercise
 7    her privilege to practice pending completion of the  criminal
 8    background check.
 9    (Source:  P.A.  92-39,  eff.  6-29-01;  92-744, eff. 7-25-02;
10    revised 2-17-03.)

11        Section 99.  Effective date.  This Section and Section 12
12    take effect upon becoming law and  all  other  Sections  take
13    effect on January 1, 2004.".