Full Text of HB2509 103rd General Assembly
HB2509ham002 103RD GENERAL ASSEMBLY | Rep. Eva-Dina Delgado Filed: 4/28/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2509
| 2 | | AMENDMENT NO. ______. Amend House Bill 2509 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 60-5 and 60-10 as follows: | 6 | | (225 ILCS 65/60-5) | 7 | | (Section scheduled to be repealed on January 1, 2028)
| 8 | | Sec. 60-5. RN education program requirements; out-of-State | 9 | | programs. | 10 | | (a) All registered professional nurse education programs | 11 | | must be reviewed by the Board and approved by the Department | 12 | | before the successful completion of such a program may be | 13 | | applied toward meeting the requirements for registered | 14 | | professional nurse licensure under this Act. Any program | 15 | | changing the level of educational preparation or the | 16 | | relationship with or to the parent institution or establishing |
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| 1 | | an extension of an existing program must request a review by | 2 | | the Board and approval by the Department. The Board shall | 3 | | review and make a recommendation for the approval or | 4 | | disapproval of a program by the Department based on the | 5 | | following criteria: | 6 | | (1) a feasibility study that describes the need for | 7 | | the program and the facilities used, the potential of the | 8 | | program to recruit faculty and students, financial support | 9 | | for the program, and other criteria, as established by | 10 | | rule; | 11 | | (2) program curriculum that meets all State | 12 | | requirements; | 13 | | (2.5) measurement of program effectiveness based on a | 14 | | passage rate of all graduates over the 3 most recent | 15 | | calendar years without reference to first-time test | 16 | | takers; | 17 | | (3) the administration of the program by a Nurse | 18 | | Administrator and the involvement of a Nurse Administrator | 19 | | in the development of the program; | 20 | | (4) the occurrence of a site visit prior to approval; | 21 | | and | 22 | | (5) beginning December 31, 2022, obtaining and | 23 | | maintaining programmatic accreditation by a national | 24 | | accrediting body for nursing education recognized by the | 25 | | United States Department of Education and approved by the | 26 | | Department. |
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| 1 | | The Department and Board of Nursing shall be notified | 2 | | within 30 days if the program loses its accreditation. The | 3 | | Department may adopt rules regarding a warning process and | 4 | | reaccreditation. | 5 | | (b) In order to obtain initial Department approval and to | 6 | | maintain Department approval, a registered professional | 7 | | nursing program must meet all of the following requirements: | 8 | | (1) The institution responsible for conducting the | 9 | | program and the Nurse Administrator must ensure that | 10 | | individual faculty members are academically and | 11 | | professionally competent. | 12 | | (2) The program curriculum must contain all applicable | 13 | | requirements established by rule, including both theory | 14 | | and clinical components. | 15 | | (3) The passage rates of the program's graduating | 16 | | classes on the State-approved licensure exam must be | 17 | | deemed satisfactory by the Department. | 18 | | (c) Program site visits to an institution conducting or | 19 | | hosting a professional nursing program may be made at the | 20 | | discretion of the Nursing Coordinator or upon recommendation | 21 | | of the Board. Full routine site visits may be conducted by the | 22 | | Department for periodic evaluation. Such visits shall be used | 23 | | to determine compliance with this Act. Full routine site | 24 | | visits must be announced and may be waived at the discretion of | 25 | | the Department if the program maintains accreditation with an | 26 | | accrediting body recognized by the United States Department of |
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| 1 | | Education and approved by the Department. | 2 | | (d) Any institution conducting a registered professional | 3 | | nursing program that wishes to discontinue the program must do | 4 | | each of the following: | 5 | | (1) Notify the Department, in writing, of its intent | 6 | | to discontinue the program. | 7 | | (2) Continue to meet the requirements of this Act and | 8 | | the rules adopted thereunder until the official date of | 9 | | termination of the program. | 10 | | (3) Notify the Department of the date on which the | 11 | | last student shall graduate from the program and the | 12 | | program shall terminate. | 13 | | (4) Assist remaining students in the continuation of | 14 | | their education in the event of program termination prior | 15 | | to the graduation of the program's final student. | 16 | | (5) Upon the closure of the program, notify the | 17 | | Department, in writing, of the location of student and | 18 | | graduate records' storage. | 19 | | (e) Out-of-State registered professional nursing education | 20 | | programs planning to offer clinical practice experiences in | 21 | | this State must meet the requirements set forth in this | 22 | | Section and must meet the clinical and faculty requirements | 23 | | for institutions outside of this State, as established by | 24 | | rule. The institution responsible for conducting an | 25 | | out-of-State registered professional nursing education program | 26 | | and the administrator of the program shall be responsible for |
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| 1 | | ensuring that the individual faculty and preceptors overseeing | 2 | | the clinical experience are academically and professionally | 3 | | competent.
| 4 | | (Source: P.A. 100-513, eff. 1-1-18 .) | 5 | | (225 ILCS 65/60-10) | 6 | | (Section scheduled to be repealed on January 1, 2028)
| 7 | | Sec. 60-10. RN licensure by examination. | 8 | | (a) Each applicant who successfully meets the requirements | 9 | | of this Section is eligible for licensure as a registered | 10 | | professional nurse. | 11 | | (b) An applicant for licensure by examination to practice | 12 | | as a registered professional nurse is eligible for licensure | 13 | | when the following requirements are met: | 14 | | (1) the applicant has submitted a completed written | 15 | | application, on forms provided by the Department, and | 16 | | fees, as established by the Department; | 17 | | (2) the applicant has graduated from a professional | 18 | | nursing education program approved by the Department or | 19 | | has been granted a certificate of completion of | 20 | | pre-licensure requirements from another United States | 21 | | jurisdiction; | 22 | | (3) the applicant has successfully completed a | 23 | | licensure examination approved by the Department; | 24 | | (4) (blank); | 25 | | (5) the applicant has submitted to the criminal |
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| 1 | | history records check required under Section 50-35 of this | 2 | | Act; | 3 | | (6) the applicant has submitted, either to the | 4 | | Department or its designated testing service, a fee | 5 | | covering the cost of providing the examination; failure to | 6 | | appear for the examination on the scheduled date at the | 7 | | time and place specified after the applicant's application | 8 | | for examination has been received and acknowledged by the | 9 | | Department or the designated testing service shall result | 10 | | in the forfeiture of the examination fee; and | 11 | | (7) the applicant has met all other requirements | 12 | | established by the Department by rule.
| 13 | | An applicant for licensure by examination may take the | 14 | | Department-approved examination in another jurisdiction. | 15 | | (b-3) An applicant who graduates from a professional
| 16 | | nursing program in this State on or after the effective date of
| 17 | | this amendatory Act of the 103rd General Assembly and does not | 18 | | take the licensure examination within 180 days after his or | 19 | | her
degree is conferred by the institution of higher education | 20 | | or fails the licensure examination for a second time shall be | 21 | | required to demonstrate proof of completion of a National | 22 | | Council Licensure Examination preparatory class or a | 23 | | comparable test preparatory program before taking a subsequent | 24 | | licensure examination or the graduate may return to the | 25 | | institution of higher education from which he or she graduated | 26 | | which shall provide remedial educational resources to the |
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| 1 | | graduate at no cost to the graduate. Such an applicant must | 2 | | contact the
institution of higher education from which he or | 3 | | she graduated prior to retesting. | 4 | | (b-4) All professional nursing programs in probationary | 5 | | status on the effective date of this amendatory Act of the | 6 | | 103rd General Assembly and subject to a program revision plan | 7 | | shall be deemed in good standing for a period of 3 years | 8 | | beginning on the effective date of this amendatory Act of the | 9 | | 103rd General Assembly. Prior to September 1, 2026, no | 10 | | professional nursing program shall be placed on probationary | 11 | | status for failing to reach a passage rate of less than 75%. | 12 | | (b-5) If an applicant for licensure by examination | 13 | | neglects, fails, or refuses to take an examination or fails to | 14 | | pass an examination for a license within 3 years of the date of | 15 | | initial application, the application shall be denied. When an | 16 | | applicant's application is denied due to the failure to pass | 17 | | the examination within the 3-year period, that applicant must | 18 | | undertake an additional course of education as defined by rule | 19 | | prior to submitting a new application for licensure. Any new | 20 | | application must be accompanied by the required fee, evidence | 21 | | of meeting the requirements in force at the time of the new | 22 | | application, and evidence of completion of the additional | 23 | | course of education prescribed by rule. | 24 | | (c) An applicant for licensure by examination shall have | 25 | | one year after the date of notification of the successful | 26 | | completion of the examination to apply to the Department for a |
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| 1 | | license. If an applicant fails to apply within one year, the | 2 | | applicant shall be required to retake and pass the examination | 3 | | unless licensed in another jurisdiction of the United States. | 4 | | (d) An applicant for licensure by examination who passes | 5 | | the Department-approved licensure examination for professional | 6 | | nursing may obtain employment as a license-pending registered | 7 | | nurse and practice under the direction of a registered | 8 | | professional nurse or an advanced practice registered nurse | 9 | | until such time as he or she receives his or her license to | 10 | | practice or until the license is denied. In no instance shall | 11 | | any such applicant practice or be employed in any management | 12 | | capacity. An individual may be employed as a license-pending | 13 | | registered nurse if all of the following criteria are met: | 14 | | (1) He or she has completed and passed the | 15 | | Department-approved licensure exam and presents to the | 16 | | employer the official written notification indicating | 17 | | successful passage of the licensure examination. | 18 | | (2) He or she has completed and submitted to the | 19 | | Department an application for licensure under this Section | 20 | | as a registered professional nurse. | 21 | | (3) He or she has submitted the required licensure | 22 | | fee. | 23 | | (4) He or she has met all other requirements | 24 | | established by rule, including having submitted to a | 25 | | criminal history records check. | 26 | | (e) The privilege to practice as a license-pending |
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| 1 | | registered nurse shall terminate with the occurrence of any of | 2 | | the following: | 3 | | (1) Three months have passed since the official date | 4 | | of passing the licensure exam as inscribed on the formal | 5 | | written notification indicating passage of the exam. The | 6 | | 3-month license pending period may be extended if more | 7 | | time is needed by the Department to process the licensure | 8 | | application. | 9 | | (2) Receipt of the registered professional nurse | 10 | | license from the Department. | 11 | | (3) Notification from the Department that the | 12 | | application for licensure has been refused. | 13 | | (4) A request by the Department that the individual | 14 | | terminate practicing as a license-pending registered nurse | 15 | | until an official decision is made by the Department to | 16 | | grant or deny a registered professional nurse license. | 17 | | (f) (Blank). | 18 | | (g) (Blank). | 19 | | (h) (Blank). | 20 | | (i) (Blank). | 21 | | (j) (Blank). | 22 | | (k) All applicants for registered professional nurse | 23 | | licensure have 3 years after the date of application to | 24 | | complete the application process. If the process has not been | 25 | | completed within 3 years after the date of application, the | 26 | | application shall be denied, the fee forfeited, and the |
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| 1 | | applicant must reapply and meet the requirements in effect at | 2 | | the time of reapplication. | 3 | | (l) All applicants for registered nurse licensure by | 4 | | examination who are graduates of practical nursing educational | 5 | | programs in a country other than the United States and its | 6 | | territories shall have their nursing education credentials | 7 | | evaluated by a Department-approved nursing credentialing | 8 | | evaluation service. No such applicant may be issued a license | 9 | | under this Act unless the applicant's program is deemed by the | 10 | | nursing credentialing evaluation service to be equivalent to a | 11 | | professional nursing education program approved by the | 12 | | Department. An applicant who has graduated from a nursing | 13 | | educational program outside of the United States or its | 14 | | territories and whose first language is not English shall | 15 | | submit evidence of English proficiency, as defined by rule. | 16 | | (m) (Blank).
| 17 | | (Source: P.A. 100-513, eff. 1-1-18 .)".
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