Full Text of HB5155 103rd General Assembly
HB5155 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5155 Introduced 2/9/2024, by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: | | 225 ILCS 65/60-5 | | 225 ILCS 65/60-7 new | | 225 ILCS 65/60-10 | |
| Amends the Nurse Practice Act. Removes a measurement of program effectiveness based on a passage rate of all graduates over the 3 most recent calendar years without reference to first-time test takers. Sets forth provisions concerning how to measure a registered professional nurse education program's effectiveness based on the pass rates on a State-approved licensure examination. Provides that outliers may be removed when calculating State-approved licensure examination pass rates. Provides that a registered professional nurse education program is responsible for tracking outliers. Defines "outlier". Provides that a registered professional nurse education program is responsible for calculating the passage rate of the program's graduates. Provides that the registered professional nurse education program must submit a calculation of the passage rate of the program's graduates and supporting documentation to the Board of Nursing in an annual report due October 30 of every year. Provides that a registered professional nurse education program meeting one of the measurements of program effectiveness shall be deemed to be in good standing. Makes conforming changes. |
| |
| | A BILL FOR |
| | | | HB5155 | | LRB103 37838 RTM 67968 b |
|
| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 60-5 and 60-10 and by adding Section 60-7 as follows: | 6 | | (225 ILCS 65/60-5) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 60-5.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 | 17 | | an extension of an existing program must request a review by | 18 | | the Board and approval by the Department. The Board shall | 19 | | review and make a recommendation for the approval or | 20 | | disapproval of a program by the Department based on the | 21 | | following criteria: | 22 | | (1) a feasibility study that describes the need for | 23 | | the program and the facilities used, the potential of the |
| | | HB5155 | - 2 - | LRB103 37838 RTM 67968 b |
|
| 1 | | program to recruit faculty and students, financial support | 2 | | for the program, and other criteria, as established by | 3 | | rule; | 4 | | (2) program curriculum that meets all State | 5 | | requirements; | 6 | | (2.5) whether the program satisfies one of the | 7 | | criteria for program effectiveness set forth in subsection | 8 | | (a) of Section 60-7 measurement of program effectiveness | 9 | | based on a passage rate of all graduates over the 3 most | 10 | | recent calendar years without reference to first-time test | 11 | | takers ; | 12 | | (3) the administration of the program by a Nurse | 13 | | Administrator and the involvement of a Nurse Administrator | 14 | | in the development of the program; | 15 | | (4) the occurrence of a site visit prior to approval; | 16 | | and | 17 | | (5) beginning December 31, 2022, obtaining and | 18 | | maintaining programmatic accreditation by a national | 19 | | accrediting body for nursing education recognized by the | 20 | | United States Department of Education and approved by the | 21 | | Department. | 22 | | The Department and Board of Nursing shall be notified | 23 | | within 30 days if the program loses its accreditation. The | 24 | | Department may adopt rules regarding a warning process and | 25 | | reaccreditation. | 26 | | (b) In order to obtain initial Department approval and to |
| | | HB5155 | - 3 - | LRB103 37838 RTM 67968 b |
|
| 1 | | maintain Department approval, a registered professional | 2 | | nursing program must meet all of the following requirements: | 3 | | (1) The institution responsible for conducting the | 4 | | program and the Nurse Administrator must ensure that | 5 | | individual faculty members are academically and | 6 | | professionally competent. | 7 | | (2) The program curriculum must contain all applicable | 8 | | requirements established by rule, including both theory | 9 | | and clinical components. | 10 | | (3) The passage rates of the program's graduating | 11 | | classes on the State-approved licensure exam must meet one | 12 | | of the measurements of program effectiveness set forth in | 13 | | subsection (a) of Section 60-7 be deemed satisfactory by | 14 | | the Department . | 15 | | (c) Program site visits to an institution conducting or | 16 | | hosting a professional nursing program may be made at the | 17 | | discretion of the Nursing Coordinator or upon recommendation | 18 | | of the Board. Full routine site visits may be conducted by the | 19 | | Department for periodic evaluation. Such visits shall be used | 20 | | to determine compliance with this Act. Full routine site | 21 | | visits must be announced and may be waived at the discretion of | 22 | | the Department if the program maintains accreditation with an | 23 | | accrediting body recognized by the United States Department of | 24 | | Education and approved by the Department. | 25 | | (d) Any institution conducting a registered professional | 26 | | nursing program that wishes to discontinue the program must do |
| | | HB5155 | - 4 - | LRB103 37838 RTM 67968 b |
|
| 1 | | each of the following: | 2 | | (1) Notify the Department, in writing, of its intent | 3 | | to discontinue the program. | 4 | | (2) Continue to meet the requirements of this Act and | 5 | | the rules adopted thereunder until the official date of | 6 | | termination of the program. | 7 | | (3) Notify the Department of the date on which the | 8 | | last student shall graduate from the program and the | 9 | | program shall terminate. | 10 | | (4) Assist remaining students in the continuation of | 11 | | their education in the event of program termination prior | 12 | | to the graduation of the program's final student. | 13 | | (5) Upon the closure of the program, notify the | 14 | | Department, in writing, of the location of student and | 15 | | graduate records' storage. | 16 | | (e) Out-of-State registered professional nursing education | 17 | | programs planning to offer clinical practice experiences in | 18 | | this State must meet the requirements set forth in this | 19 | | Section and must meet the clinical and faculty requirements | 20 | | for institutions outside of this State, as established by | 21 | | rule. The institution responsible for conducting an | 22 | | out-of-State registered professional nursing education program | 23 | | and the administrator of the program shall be responsible for | 24 | | ensuring that the individual faculty and preceptors overseeing | 25 | | the clinical experience are academically and professionally | 26 | | competent. |
| | | HB5155 | - 5 - | LRB103 37838 RTM 67968 b |
|
| 1 | | (Source: P.A. 103-533, eff. 1-1-24 .) | 2 | | (225 ILCS 65/60-7 new) | 3 | | Sec. 60-7. Registered professional nurse education program | 4 | | effectiveness. | 5 | | (a) The measurement of a registered professional nurse | 6 | | education program's effectiveness is determined by whether the | 7 | | program's: | 8 | | (1) most recent annual pass rate on a State-approved | 9 | | licensure examination is 75% or greater for all first-time | 10 | | test-takers; | 11 | | (2) average pass rate on a State-approved licensure | 12 | | examination for the 3 most recent years is 75% or greater | 13 | | for all first-time test-takers; | 14 | | (3) most recent annual pass rate on a State-approved | 15 | | licensure examination is 75% or greater for all | 16 | | test-takers; or | 17 | | (4) average pass rate on a State-approved licensure | 18 | | examination for the 3 most recent years is 75% or greater | 19 | | for all test-takers. | 20 | | (b) Outliers may be removed when calculating | 21 | | State-approved licensure examination pass rates. A registered | 22 | | professional nurse education program is responsible for | 23 | | tracking outliers. | 24 | | In this subsection, "outlier" means a graduate of a | 25 | | professional nurse education program who: |
| | | HB5155 | - 6 - | LRB103 37838 RTM 67968 b |
|
| 1 | | (1) does not take a State-approved licensure | 2 | | examination within 180 days of graduating a professional | 3 | | nurse education program; or | 4 | | (2) fails the State-approved licensure examination a | 5 | | second or subsequent time. | 6 | | (c) A registered professional nurse education program is | 7 | | responsible for calculating the passage rate of the program's | 8 | | graduates. The registered professional nurse education program | 9 | | must submit a calculation of the passage rate of the program's | 10 | | graduates and supporting documentation to the Board in an | 11 | | annual report due October 30 of every year. | 12 | | (225 ILCS 65/60-10) | 13 | | (Section scheduled to be repealed on January 1, 2028) | 14 | | Sec. 60-10. RN licensure by examination. | 15 | | (a) Each applicant who successfully meets the requirements | 16 | | of this Section is eligible for licensure as a registered | 17 | | professional nurse. | 18 | | (b) An applicant for licensure by examination to practice | 19 | | as a registered professional nurse is eligible for licensure | 20 | | when the following requirements are met: | 21 | | (1) the applicant has submitted a completed written | 22 | | application, on forms provided by the Department, and | 23 | | fees, as established by the Department; | 24 | | (2) the applicant has graduated from a professional | 25 | | nursing education program approved by the Department or |
| | | HB5155 | - 7 - | LRB103 37838 RTM 67968 b |
|
| 1 | | has been granted a certificate of completion of | 2 | | pre-licensure requirements from another United States | 3 | | jurisdiction; | 4 | | (3) the applicant has successfully completed a | 5 | | licensure examination approved by the Department; | 6 | | (4) (blank); | 7 | | (5) the applicant has submitted to the criminal | 8 | | history records check required under Section 50-35 of this | 9 | | Act; | 10 | | (6) the applicant has submitted, either to the | 11 | | Department or its designated testing service, a fee | 12 | | covering the cost of providing the examination; failure to | 13 | | appear for the examination on the scheduled date at the | 14 | | time and place specified after the applicant's application | 15 | | for examination has been received and acknowledged by the | 16 | | Department or the designated testing service shall result | 17 | | in the forfeiture of the examination fee; and | 18 | | (7) the applicant has met all other requirements | 19 | | established by the Department by rule. | 20 | | An applicant for licensure by examination may take the | 21 | | Department-approved examination in another jurisdiction. | 22 | | (b-3) An applicant who graduates from a professional | 23 | | nursing program in this State on or after January 1, 2024 ( the | 24 | | effective date of Public Act 103-533) this amendatory Act of | 25 | | the 103rd General Assembly and does not take the licensure | 26 | | examination within 180 days after his or her degree is |
| | | HB5155 | - 8 - | LRB103 37838 RTM 67968 b |
|
| 1 | | conferred by the institution of higher education or fails the | 2 | | licensure examination for a second time shall be required to | 3 | | demonstrate proof of completion of a National Council | 4 | | Licensure Examination preparatory class or a comparable test | 5 | | preparatory program before taking a subsequent licensure | 6 | | examination or the graduate may return to the institution of | 7 | | higher education from which he or she graduated which shall | 8 | | provide remedial educational resources to the graduate at no | 9 | | cost to the graduate. Such an applicant must contact the | 10 | | institution of higher education from which he or she graduated | 11 | | prior to retesting. | 12 | | (b-4) On and after the effective date of this amendatory | 13 | | Act of the 103rd General Assembly, a registered professional | 14 | | nurse education program meeting one of the measurements of | 15 | | program effectiveness referenced in subsection (a) of Section | 16 | | 60-7 of this Act, as submitted to the Board in the program | 17 | | annual report, shall be deemed to be in good standing. All | 18 | | professional nursing programs in probationary status on the | 19 | | effective date of this amendatory Act of the 103rd General | 20 | | Assembly and subject to a program revision plan shall be | 21 | | deemed in good standing for a period of 3 years beginning on | 22 | | the effective date of this amendatory Act of the 103rd General | 23 | | Assembly. Prior to September 1, 2026, no professional nursing | 24 | | program shall be placed on probationary status for failing to | 25 | | reach a passage rate of less than 75%. | 26 | | (b-5) If an applicant for licensure by examination |
| | | HB5155 | - 9 - | LRB103 37838 RTM 67968 b |
|
| 1 | | neglects, fails, or refuses to take an examination or fails to | 2 | | pass an examination for a license within 3 years of the date of | 3 | | initial application, the application shall be denied. When an | 4 | | applicant's application is denied due to the failure to pass | 5 | | the examination within the 3-year period, that applicant must | 6 | | undertake an additional course of education as defined by rule | 7 | | prior to submitting a new application for licensure. Any new | 8 | | application must be accompanied by the required fee, evidence | 9 | | of meeting the requirements in force at the time of the new | 10 | | application, and evidence of completion of the additional | 11 | | course of education prescribed by rule. | 12 | | (c) An applicant for licensure by examination shall have | 13 | | one year after the date of notification of the successful | 14 | | completion of the examination to apply to the Department for a | 15 | | license. If an applicant fails to apply within one year, the | 16 | | applicant shall be required to retake and pass the examination | 17 | | unless licensed in another jurisdiction of the United States. | 18 | | (d) An applicant for licensure by examination who passes | 19 | | the Department-approved licensure examination for professional | 20 | | nursing may obtain employment as a license-pending registered | 21 | | nurse and practice under the direction of a registered | 22 | | professional nurse or an advanced practice registered nurse | 23 | | until such time as he or she receives his or her license to | 24 | | practice or until the license is denied. In no instance shall | 25 | | any such applicant practice or be employed in any management | 26 | | capacity. An individual may be employed as a license-pending |
| | | HB5155 | - 10 - | LRB103 37838 RTM 67968 b |
|
| 1 | | registered nurse if all of the following criteria are met: | 2 | | (1) He or she has completed and passed the | 3 | | Department-approved licensure exam and presents to the | 4 | | employer the official written notification indicating | 5 | | successful passage of the licensure examination. | 6 | | (2) He or she has completed and submitted to the | 7 | | Department an application for licensure under this Section | 8 | | as a registered professional nurse. | 9 | | (3) He or she has submitted the required licensure | 10 | | fee. | 11 | | (4) He or she has met all other requirements | 12 | | established by rule, including having submitted to a | 13 | | criminal history records check. | 14 | | (e) The privilege to practice as a license-pending | 15 | | registered nurse shall terminate with the occurrence of any of | 16 | | the following: | 17 | | (1) Three months have passed since the official date | 18 | | of passing the licensure exam as inscribed on the formal | 19 | | written notification indicating passage of the exam. The | 20 | | 3-month license pending period may be extended if more | 21 | | time is needed by the Department to process the licensure | 22 | | application. | 23 | | (2) Receipt of the registered professional nurse | 24 | | license from the Department. | 25 | | (3) Notification from the Department that the | 26 | | application for licensure has been refused. |
| | | HB5155 | - 11 - | LRB103 37838 RTM 67968 b |
|
| 1 | | (4) A request by the Department that the individual | 2 | | terminate practicing as a license-pending registered nurse | 3 | | until an official decision is made by the Department to | 4 | | grant or deny a registered professional nurse license. | 5 | | (f) (Blank). | 6 | | (g) (Blank). | 7 | | (h) (Blank). | 8 | | (i) (Blank). | 9 | | (j) (Blank). | 10 | | (k) All applicants for registered professional nurse | 11 | | licensure have 3 years after the date of application to | 12 | | complete the application process. If the process has not been | 13 | | completed within 3 years after the date of application, the | 14 | | application shall be denied, the fee forfeited, and the | 15 | | applicant must reapply and meet the requirements in effect at | 16 | | the time of reapplication. | 17 | | (l) All applicants for registered nurse licensure by | 18 | | examination who are graduates of practical nursing educational | 19 | | programs in a country other than the United States and its | 20 | | territories shall have their nursing education credentials | 21 | | evaluated by a Department-approved nursing credentialing | 22 | | evaluation service. No such applicant may be issued a license | 23 | | under this Act unless the applicant's program is deemed by the | 24 | | nursing credentialing evaluation service to be equivalent to a | 25 | | professional nursing education program approved by the | 26 | | Department. An applicant who has graduated from a nursing |
| | | HB5155 | - 12 - | LRB103 37838 RTM 67968 b |
|
| 1 | | educational program outside of the United States or its | 2 | | territories and whose first language is not English shall | 3 | | submit evidence of English proficiency, as defined by rule. | 4 | | (m) (Blank). | 5 | | (Source: P.A. 103-533, eff. 1-1-24 .) |
|