Full Text of HB4280 94th General Assembly
HB4280 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4280
Introduced 12/19/05, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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Amends the Nursing and Advanced Practice Nursing Act. Makes a technical change in a Section concerning qualifications for licensure.
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A BILL FOR
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HB4280 |
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LRB094 14880 RAS 49899 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| 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| (Section scheduled to be repealed on January 1, 2008)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
the
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| requirements of this Section
shall be entitled to licensure as | 11 |
| a Registered Nurse or Licensed Practical
Nurse, whichever is | 12 |
| applicable.
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| (b) An applicant for licensure by examination to practice | 14 |
| as a registered
nurse or licensed practical nurse shall:
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| (1) submit a completed written application, on forms | 16 |
| provided by the
Department and fees as established by the | 17 |
| Department;
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| (2) for registered nurse licensure, have graduated | 19 |
| from a
professional nursing education program approved by | 20 |
| the Department;
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| (2.5) for licensed practical nurse licensure, have | 22 |
| graduated from a practical nursing education program | 23 |
| approved by the
Department;
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| (3) have not violated the provisions of Section 10-45 | 25 |
| of this Act. The
Department may take into consideration any | 26 |
| felony conviction of the applicant,
but such a conviction | 27 |
| 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 | 30 |
| testing service,
a fee covering the cost of providing the | 31 |
| examination. Failure to appear for
the examination on the | 32 |
| scheduled date at the time and place specified after the
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HB4280 |
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LRB094 14880 RAS 49899 b |
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| applicant's application for examination has been received | 2 |
| and acknowledged by
the Department or the designated | 3 |
| testing service shall result in the forfeiture
of the | 4 |
| examination fee.
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| If an applicant neglects, fails, or refuses to take an | 6 |
| examination or fails
to pass an examination for a license under | 7 |
| this Act within 3 years after filing
the application, the | 8 |
| application shall be denied. However, the applicant may
make a | 9 |
| new application accompanied by the required fee and provide
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| evidence of meeting the requirements in force at the time of | 11 |
| the new
application.
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| An applicant may take and successfully complete a | 13 |
| Department-approved
examination in another jurisdiction. | 14 |
| However, an applicant who has never been
licensed previously in | 15 |
| any jurisdiction that utilizes a Department-approved
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| examination and who has taken and failed to
pass the | 17 |
| examination within 3 years after filing the application must | 18 |
| submit
proof of successful completion of a | 19 |
| Department-authorized nursing education
program or | 20 |
| recompletion of an approved registered nursing program or | 21 |
| licensed
practical nursing program, as appropriate, prior to | 22 |
| re-application.
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| An applicant shall have one year from the date of | 24 |
| notification of successful
completion of the examination to | 25 |
| apply to the Department for a license. If an
applicant fails to | 26 |
| apply within one year, the applicant shall be required to
again | 27 |
| take and pass the examination unless licensed in another | 28 |
| jurisdiction of
the United States within one year of passing | 29 |
| the examination.
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| (c) An applicant for licensure by endorsement who is a | 31 |
| registered
professional nurse or a licensed practical nurse | 32 |
| licensed by examination
under the laws of another state or | 33 |
| territory of the United States or a
foreign country, | 34 |
| jurisdiction, territory, or province shall:
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| (1) submit a completed written application, on forms | 36 |
| supplied by the
Department, and fees as established by the |
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HB4280 |
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LRB094 14880 RAS 49899 b |
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| Department;
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| (2) for registered nurse licensure, have graduated | 3 |
| from a professional
nursing education program approved by | 4 |
| the Department;
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| (2.5) for licensed practical nurse licensure, have | 6 |
| graduated
from a practical nursing education program | 7 |
| approved by the Department;
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| (3) submit verification of licensure status directly | 9 |
| from the United
States jurisdiction of licensure, if | 10 |
| applicable, as defined by rule;
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| (4) have passed the examination authorized by the | 12 |
| Department;
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| (5) meet all other requirements as established by rule.
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| (d) All applicants for registered nurse licensure pursuant | 15 |
| to item (2) of
subsection (b) and item (2) of subsection (c) of | 16 |
| this Section who are graduates
of nursing educational programs | 17 |
| in a country other than the United States or
its territories | 18 |
| shall have their nursing education credentials evaluated by a | 19 |
| Department-approved nursing credentialing evaluation service. | 20 |
| No such applicant may be issued a license under this Act unless | 21 |
| the applicant's program is deemed by the nursing credentialing | 22 |
| evaluation service to be equivalent to a professional nursing | 23 |
| education program approved by the Department. An applicant who | 24 |
| has graduated from a nursing educational program outside of the | 25 |
| United States or its territories and whose first language is | 26 |
| not English shall submit certification of passage of the Test | 27 |
| of English as a Foreign Language (TOEFL), as defined by rule. | 28 |
| The Department may, upon recommendation from the nursing | 29 |
| evaluation service, waive the requirement that the applicant | 30 |
| pass the TOEFL examination if the applicant submits | 31 |
| verification of the successful completion of a nursing | 32 |
| education program conducted in English.
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| (d-5) An applicant licensed in another state or territory | 34 |
| who is applying for
licensure and has received her or his | 35 |
| education in a country other than the
United States or its | 36 |
| territories shall have her or his nursing education credentials |
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HB4280 |
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LRB094 14880 RAS 49899 b |
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| evaluated by a Department-approved nursing credentialing | 2 |
| evaluation service. No such applicant may be issued a license | 3 |
| under this Act unless the applicant's program is deemed by the | 4 |
| nursing credentialing evaluation service to be equivalent to a | 5 |
| professional nursing education program approved by the | 6 |
| Department. An applicant who has graduated from a nursing | 7 |
| educational program outside of the United States or its | 8 |
| territories and whose first language is not English shall | 9 |
| submit certification of passage of the Test of English as a | 10 |
| Foreign Language (TOEFL), as defined by rule. The Department | 11 |
| may, upon recommendation from the nursing evaluation service, | 12 |
| waive the requirement that the applicant pass the TOEFL | 13 |
| examination if the applicant submits verification of the | 14 |
| successful completion of a nursing education program conducted | 15 |
| in English or the successful passage of an approved licensing | 16 |
| examination given in English.
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| (e) (Blank).
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| (f) Pending the issuance of a license under subsection (c) | 19 |
| of this Section,
the Department may grant an applicant a | 20 |
| temporary license to practice nursing
as a registered nurse or | 21 |
| as a licensed practical nurse if the Department is
satisfied | 22 |
| that the applicant holds an active, unencumbered license in | 23 |
| good
standing in another jurisdiction. If the applicant holds | 24 |
| more than one
current active license, or one or more active | 25 |
| temporary licenses from other
jurisdictions, the
Department | 26 |
| shall not issue a temporary license until it is satisfied that
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| each current active license held by the applicant is | 28 |
| unencumbered. The
temporary license, which shall be issued no | 29 |
| later than 14 working days
following receipt by the Department | 30 |
| of an application for the temporary
license, shall be granted | 31 |
| upon the submission of the following to the
Department:
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| (1) a signed and completed application for licensure | 33 |
| under subsection (a)
of this Section as a registered nurse | 34 |
| or a licensed practical nurse;
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| (2) proof of a current, active license in at least one | 36 |
| other jurisdiction
and proof that each current active |
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HB4280 |
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LRB094 14880 RAS 49899 b |
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| license or temporary license held by the
applicant within | 2 |
| the last 5 years is unencumbered;
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| (3) a signed and completed application for a temporary | 4 |
| 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 | 7 |
| temporary
license authorized pursuant to this Section if, | 8 |
| within 14 working days
following its receipt of an application | 9 |
| for a temporary license, the
Department determines that:
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| (1) the applicant has been convicted of a crime under | 11 |
| the laws of a
jurisdiction of the United States: (i) which | 12 |
| is a felony; or (ii) which is a
misdemeanor directly | 13 |
| 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 | 16 |
| license or permit
related to the practice of nursing | 17 |
| revoked, suspended, or placed on probation
by
another | 18 |
| jurisdiction, if at least one of the grounds for revoking, | 19 |
| suspending,
or placing on probation is the same or | 20 |
| 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" | 23 |
| means a
license against which no disciplinary action has been | 24 |
| taken or is pending and
for which all fees and charges are paid | 25 |
| and current.
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| (h) The Department may revoke a temporary license issued | 27 |
| pursuant to this
Section if:
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| (1) it determines that the applicant has been convicted | 29 |
| of a crime under
the law of any jurisdiction of the United | 30 |
| States that is (i) a felony or
(ii) a misdemeanor directly | 31 |
| related to the practice of the profession,
within the last | 32 |
| 5 years;
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| (2) it determines that within the last 5 years the | 34 |
| applicant has had a
license or permit related to the | 35 |
| practice of nursing revoked, suspended, or
placed on | 36 |
| probation by another jurisdiction, if at least one of the |
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HB4280 |
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LRB094 14880 RAS 49899 b |
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| grounds for
revoking, suspending, or placing on probation | 2 |
| is the same or substantially
equivalent to grounds in | 3 |
| Illinois; or
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| (3) it determines that it intends to deny licensure by | 5 |
| endorsement.
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| A temporary license shall expire 6 months from the date of | 7 |
| issuance.
Further renewal may be granted by the Department in | 8 |
| hardship cases, as defined
by rule and upon approval of the | 9 |
| Director. However, a temporary license shall
automatically | 10 |
| expire upon issuance of the Illinois license or upon | 11 |
| notification
that the Department intends to deny licensure, | 12 |
| whichever occurs first.
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| (i) Applicants have 3 years from the date of application to | 14 |
| complete the
application process. If the process has not been | 15 |
| completed within 3 years from
the date of application, the | 16 |
| application shall be denied, the fee forfeited,
and the | 17 |
| applicant must reapply and meet the requirements in effect at | 18 |
| the time
of reapplication.
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| (Source: P.A. 94-352, eff. 7-28-05.)
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