Full Text of SB0086 94th General Assembly
SB0086eng 94TH GENERAL ASSEMBLY
|
|
|
SB0086 Engrossed |
|
LRB094 06895 RAS 37006 b |
|
| 1 |
| AN ACT concerning the licensure of nurses.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Nursing and Advanced Practice Nursing Act is | 5 |
| amended by adding Title 25 as follows: | 6 |
| (225 ILCS 65/Tit. 25 heading new)
| 7 |
| TITLE 25. NURSE LICENSURE COMPACT | 8 |
| (225 ILCS 65/25-5 new)
| 9 |
| (Section scheduled to be repealed on January 1, 2008) | 10 |
| Sec. 25-5. Nurse Licensure Compact. The State of Illinois | 11 |
| ratifies and
approves the Nurse Licensure Compact and enters | 12 |
| into it with all other
jurisdictions that
legally join in the | 13 |
| compact. The General Assembly finds that no amendment by the | 14 |
| General Assembly to the provisions of the Compact contained in | 15 |
| this Act shall become effective and binding upon the Compact | 16 |
| and the Compact party states unless and until the Nurse | 17 |
| Licensure Compact Administrators (NLCA) enact the amendment to | 18 |
| the Articles of Organization of the NCLA. The Nurse Licensure | 19 |
| Compact is, in form, substantially as follows: | 20 |
| ARTICLE I.
| 21 |
| Findings and Declaration of Purpose
| 22 |
| (a) The party states find that: | 23 |
| (1) the health and safety of the public are affected by | 24 |
| the degree of
compliance with and the effectiveness of | 25 |
| enforcement activities related to
state
nurse licensure laws;
| 26 |
| (2) violations of nurse licensure and other laws | 27 |
| regulating the practice
of
nursing may result in injury or | 28 |
| harm to the public;
| 29 |
| (3) the expanded mobility of nurses and the use of |
|
|
|
SB0086 Engrossed |
- 2 - |
LRB094 06895 RAS 37006 b |
|
| 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 protect | 13 |
| 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 hold | 22 |
| a nurse accountable
for
meeting all state practice laws in | 23 |
| the state in which the patient is located at
the
time care | 24 |
| is rendered through the mutual recognition of party state | 25 |
| licenses.
| 26 |
| ARTICLE II.
| 27 |
| Definitions
| 28 |
| As used in this Compact:
| 29 |
| (a) "Adverse Action" means a home or remote state 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 | 34 |
| integrated
process for collecting, storing, and sharing |
|
|
|
SB0086 Engrossed |
- 3 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| information on nurse licensure and
enforcement activities | 2 |
| related to nurse licensure laws, which is administered
by a
| 3 |
| non-profit organization composed of and controlled by state | 4 |
| nurse licensing
boards.
| 5 |
| (d) "Current significant investigative information" means:
| 6 |
| (1) investigative information that a licensing board, | 7 |
| after a
preliminary inquiry that includes notification and | 8 |
| an opportunity for the
nurse to respond if required by | 9 |
| state law, has reason to believe is not
groundless and, if | 10 |
| proved true, would indicate more than a minor
infraction; | 11 |
| or
| 12 |
| (2) investigative information that indicates that the | 13 |
| nurse represents
an immediate threat to public health and | 14 |
| safety regardless of whether the
nurse has been notified | 15 |
| and had an opportunity to respond.
| 16 |
| (e) "Home state" means the party state which is the nurse's | 17 |
| primary state
of residence.
| 18 |
| (f) "Home state action" means any administrative, civil, | 19 |
| equitable or
criminal action permitted by the home state's laws | 20 |
| which are imposed on a nurse
by the home state's licensing | 21 |
| board or other authority including actions against
an | 22 |
| individual's license such as: revocation, suspension, | 23 |
| probation or any other
action which affects a nurse's | 24 |
| authorization to practice.
| 25 |
| (g) "Licensing board" means a party state's regulatory body | 26 |
| responsible
for issuing nurse licenses.
| 27 |
| (h) "Multistate licensure privilege" means current, | 28 |
| official authority from a
remote state permitting the practice | 29 |
| of nursing as either a registered nurse or a
licensed | 30 |
| practical/vocational nurse in such party state. All party | 31 |
| states have the
authority, in accordance with existing state | 32 |
| due process law, to take actions
against the nurse's privilege | 33 |
| such as: revocation, suspension, probation or any
other action | 34 |
| which affects a nurse's authorization to practice.
| 35 |
| (i) "Nurse" means a registered nurse or licensed | 36 |
| practical/vocational
nurse, as those terms are defined by each |
|
|
|
SB0086 Engrossed |
- 4 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| party's state practice laws.
| 2 |
| (j) "Party state" means any state that has adopted this | 3 |
| Compact.
| 4 |
| (k) "Remote state" means a party state, other than the home | 5 |
| state,
| 6 |
| (1) where the patient is located at the time nursing | 7 |
| care is provided,
or,
| 8 |
| (2) in the case of the practice of nursing not | 9 |
| involving a patient, in
such party state where the | 10 |
| recipient of nursing practice is located.
| 11 |
| (l) "Remote state action" means:
| 12 |
| (1) any administrative, civil, equitable or criminal | 13 |
| action permitted
by a remote state's laws which are imposed | 14 |
| on a nurse by the remote
state's licensing board or other | 15 |
| authority including actions against an
individual's | 16 |
| multistate licensure privilege to practice in the remote | 17 |
| state,
and
| 18 |
| (2) cease and desist and other injunctive or equitable | 19 |
| orders issued
by remote states or the licensing boards | 20 |
| thereof.
| 21 |
| (m) "State" means a state, territory, or possession of the | 22 |
| United States,
the District of Columbia or the Commonwealth of | 23 |
| Puerto Rico.
| 24 |
| (n) "State practice laws" means those individual party's | 25 |
| state laws and
regulations that govern the practice of nursing, | 26 |
| define the scope of nursing
practice, and create the methods | 27 |
| and grounds for imposing discipline. "State
practice laws" does | 28 |
| not include the initial qualifications for licensure or
| 29 |
| requirements necessary to obtain and retain a license, except | 30 |
| for
qualifications or
requirements of the home state.
| 31 |
| ARTICLE III.
| 32 |
| General Provisions and Jurisdiction
| 33 |
| (a) A license to practice registered nursing issued by a | 34 |
| home state to a
resident in
that state will be recognized by |
|
|
|
SB0086 Engrossed |
- 5 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| each party state as authorizing a multistate
licensure
| 2 |
| privilege to practice as a registered nurse in such party | 3 |
| state. A license to
practice
licensed practical/vocational | 4 |
| nursing issued by a home state to a resident in
that state will
| 5 |
| be recognized by each party state as authorizing a multistate | 6 |
| licensure
privilege to
practice as a licensed | 7 |
| practical/vocational nurse in such party state. In order
to | 8 |
| obtain or
retain a license, an applicant must meet the home | 9 |
| state's qualifications for
licensure and
license renewal as | 10 |
| well as all other applicable state laws.
| 11 |
| (b) Party states may, in accordance with state due process | 12 |
| laws, limit or revoke
the multistate licensure privilege of any | 13 |
| nurse to practice in their state and may take any
other actions | 14 |
| under their applicable state laws necessary to protect the | 15 |
| health and safety
of their citizens. If a party state takes | 16 |
| such action, it shall promptly notify the
administrator of the | 17 |
| coordinated licensure information system. The administrator of | 18 |
| the
coordinated licensure information system shall promptly | 19 |
| notify the home state of any
such actions by remote states.
| 20 |
| (c) Every nurse practicing in a party state must comply | 21 |
| with the state practice
laws of the state in which the patient | 22 |
| is located at the time care is rendered. In addition,
the | 23 |
| practice of nursing is not limited to patient care, but shall | 24 |
| include all nursing practice
as defined by the state practice | 25 |
| laws of a party state. The practice of nursing will subject a
| 26 |
| nurse to the jurisdiction of the nurse licensing board and the | 27 |
| courts, as well as the laws, in
that party state.
| 28 |
| (d) This Compact does not affect additional requirements | 29 |
| imposed by states for
advanced practice registered nursing. | 30 |
| However, a multistate licensure privilege to
practice | 31 |
| registered nursing granted by a party state shall be recognized | 32 |
| by other party
states as a license to practice registered | 33 |
| nursing if one is required by state law as a
precondition for | 34 |
| qualifying for advanced practice registered nurse | 35 |
| authorization.
| 36 |
| (e) Individuals not residing in a party state shall |
|
|
|
SB0086 Engrossed |
- 6 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| continue to be able to
apply for
nurse licensure as provided | 2 |
| for under the laws of each party state. However,
the license
| 3 |
| granted to these individuals will not be recognized as granting | 4 |
| the privilege
to practice
nursing in any other party state | 5 |
| unless explicitly agreed to by that party
state.
| 6 |
| ARTICLE IV.
| 7 |
| Applications for Licensure in a Party State
| 8 |
| (a) Upon application for a license, the licensing board in | 9 |
| a party state
shall
ascertain, through the coordinated | 10 |
| licensure information system, whether the
applicant
has ever | 11 |
| held, or is the holder of, a license issued by any other state,
| 12 |
| whether there are
any restrictions on the multistate licensure | 13 |
| privilege, and whether any other
adverse
action by any state | 14 |
| has been taken against the license.
| 15 |
| (b) A nurse in a party state shall hold licensure in only | 16 |
| one party state at a time,
issued by the home state.
| 17 |
| (c) A nurse who intends to change primary state of | 18 |
| residence may apply for
licensure in the new home state in | 19 |
| advance of such change. However, new licenses will
not be | 20 |
| issued by a party state until after a nurse provides evidence | 21 |
| of change in primary
state of residence satisfactory to the new | 22 |
| home state's licensing board.
| 23 |
| (d) When a nurse changes primary state of residence by:
| 24 |
| (1) moving between two party states, and obtains a | 25 |
| license from the new
home state, the license from the | 26 |
| former home state is no longer valid;
| 27 |
| (2) moving from a non-party state to a party state, and | 28 |
| obtains a license
from the new home state, the individual | 29 |
| state license issued by the non-party
state
is not affected | 30 |
| and will remain in full force if so provided by the laws of | 31 |
| the
non-party state;
| 32 |
| (3) moving from a party state to a non-party state, the | 33 |
| license issued by
the
prior home state converts to an | 34 |
| individual state license, valid only in the
former
home |
|
|
|
SB0086 Engrossed |
- 7 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| state, without the multistate licensure privilege to | 2 |
| practice in other
party
states.
| 3 |
| ARTICLE V.
| 4 |
| Adverse Actions
| 5 |
| In addition to the General Provisions described in Article | 6 |
| III, the following
provisions apply:
| 7 |
| (a) The licensing board of a remote state shall promptly | 8 |
| report to the
administrator of the coordinated licensure | 9 |
| information system any remote state
actions including the | 10 |
| factual and legal basis for such action, if known. The
| 11 |
| licensing board of a remote state shall also promptly report | 12 |
| any significant current
investigative information yet to | 13 |
| result in a remote state action. The administrator
of the | 14 |
| coordinated licensure information system shall promptly notify | 15 |
| the home
state of any such reports.
| 16 |
| (b) The licensing board of a party state shall have the | 17 |
| authority to
complete any pending investigations for a nurse | 18 |
| who changes primary state of
residence during the course of | 19 |
| such investigations. It shall also have the authority
to take | 20 |
| appropriate action(s), and shall promptly report the | 21 |
| conclusions of such
investigations to the administrator of the | 22 |
| coordinated licensure information
system. The administrator of | 23 |
| the coordinated licensure information system shall
promptly | 24 |
| notify the new home state of any such actions.
| 25 |
| (c) A remote state may take adverse action affecting the | 26 |
| multistate
licensure privilege to practice within that party | 27 |
| state. However, only the home
state shall have the power to | 28 |
| impose adverse action against the license issued
by the home | 29 |
| state.
| 30 |
| (d) For purposes of imposing adverse action, the licensing | 31 |
| board of the
home state shall give the same priority and effect | 32 |
| to reported conduct received
from a remote state as it would if | 33 |
| such conduct had occurred within the home
state. In so doing, | 34 |
| it shall apply its own state laws to determine appropriate
|
|
|
|
SB0086 Engrossed |
- 8 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| action.
| 2 |
| (e) The home state may take adverse action based on the | 3 |
| factual findings
of the remote state, so long as each state | 4 |
| follows its own procedures for
imposing such adverse action.
| 5 |
| (f) Nothing in this Compact shall override a party state's | 6 |
| decision that
participation in an alternative program may be | 7 |
| used in lieu of licensure action
and
that such participation | 8 |
| shall remain non-public if required by the party
state's
laws. | 9 |
| Party states must require nurses who enter any alternative | 10 |
| programs to
agree not to practice in any other party state | 11 |
| during the term of the
alternative
program without prior | 12 |
| authorization from such other party state.
| 13 |
| ARTICLE VI.
| 14 |
| Additional Authorities Invested
| 15 |
| in Party State Nurse Licensing Boards
| 16 |
| Notwithstanding any other powers, party state nurse | 17 |
| licensing boards shall
have
the authority to:
| 18 |
| (a) if otherwise permitted by state law, recover from the | 19 |
| affected nurse the
costs of investigations and disposition of | 20 |
| cases resulting from any adverse
action
taken against that | 21 |
| nurse;
| 22 |
| (b) issue subpoenas for both hearings and investigations | 23 |
| which require the
attendance and testimony of witnesses, and | 24 |
| the production of evidence.
Subpoenas issued by a nurse | 25 |
| licensing board in a party state for the attendance
and | 26 |
| testimony of witnesses, and/or the production of evidence from | 27 |
| another
party
state, shall be enforced in the latter state by | 28 |
| any court of competent
jurisdiction,
according to the practice | 29 |
| and procedure of that court applicable to subpoenas
issued in | 30 |
| proceedings pending before it. The issuing authority shall pay | 31 |
| any
witness fees, travel expenses, mileage and other fees | 32 |
| required by the service
statutes of the state where the | 33 |
| witnesses and/or evidence are located;
| 34 |
|
(c) issue cease and desist orders to limit or revoke a |
|
|
|
SB0086 Engrossed |
- 9 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| nurse's authority to
practice in their state;
| 2 |
| (d) promulgate uniform rules and regulations as provided | 3 |
| for in Article
VIII(c).
| 4 |
| ARTICLE VII.
| 5 |
| Coordinated Licensure Information System
| 6 |
| (a) All party states shall participate in a cooperative | 7 |
| effort to create a
coordinated
data base of all licensed | 8 |
| registered nurses and licensed practical/vocational
nurses. | 9 |
| This
system will include information on the licensure and | 10 |
| disciplinary history of
each nurse, as
contributed by party | 11 |
| states, to assist in the coordination of nurse licensure
and
| 12 |
| enforcement efforts.
| 13 |
| (b) Notwithstanding any other provision of law, all party | 14 |
| states' licensing
boards
shall promptly report adverse | 15 |
| actions, actions against multistate licensure
privileges, any
| 16 |
| current significant investigative information yet to result in | 17 |
| adverse action,
denials of
applications, and the reasons for | 18 |
| such denials, to the coordinated licensure
information
system.
| 19 |
| (c) Current significant investigative information shall be | 20 |
| transmitted through the
coordinated licensure information | 21 |
| system only to party state licensing boards.
| 22 |
| (d) Notwithstanding any other provision of law, all party | 23 |
| states' licensing boards
contributing information to the | 24 |
| coordinated licensure information system may designate
| 25 |
| information that may not be shared with non-party states or | 26 |
| disclosed to other entities or
individuals without the express | 27 |
| permission of the contributing state.
| 28 |
| (e) Any personally identifiable information obtained by a | 29 |
| party states'
licensing
board from the coordinated licensure | 30 |
| information system may not be shared with
non-party states or | 31 |
| disclosed to other entities or individuals except to the
extent | 32 |
| permitted by
the laws of the party state contributing the | 33 |
| information.
| 34 |
| (f) Any information contributed to the coordinated |
|
|
|
SB0086 Engrossed |
- 10 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| licensure information
system
that is subsequently required to | 2 |
| be expunged by the laws of the party state
contributing
that | 3 |
| information, shall also be expunged from the coordinated | 4 |
| licensure
information
system.
| 5 |
| (g) The Compact administrators, acting jointly with each | 6 |
| other and in
consultation
with the administrator of the | 7 |
| coordinated licensure information system, shall
formulate
| 8 |
| necessary and proper procedures for the identification, | 9 |
| collection and exchange
of
information under this Compact.
| 10 |
| ARTICLE VIII.
| 11 |
| Compact Administration and
| 12 |
| Interchange of Information | 13 |
| (a) The head of the nurse licensing board, or his/her | 14 |
| designee, of each
party state
shall be the administrator of | 15 |
| this Compact for his/her state.
| 16 |
| (b) The Compact administrator of each party state shall | 17 |
| furnish to the
Compact
administrator of each other party state | 18 |
| any information and documents
including, but not
limited to, a | 19 |
| uniform data set of investigations, identifying information,
| 20 |
| licensure data,
and disclosable alternative program | 21 |
| participation information to facilitate the
administration of | 22 |
| this Compact.
| 23 |
| (c) Compact administrators shall have the authority to | 24 |
| develop uniform rules
to
facilitate and coordinate | 25 |
| implementation of this Compact. These uniform rules
shall be
| 26 |
| adopted by party states, under the authority invested under | 27 |
| Article VI(d).
| 28 |
| ARTICLE IX.
| 29 |
| Immunity
| 30 |
| No party state or the officers or employees or agents of a | 31 |
| party state's
nurse
licensing board who acts in accordance with | 32 |
| the provisions of this Compact
shall be
liable on account of |
|
|
|
SB0086 Engrossed |
- 11 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| any act or omission in good faith while engaged in the
| 2 |
| performance
of their duties under this Compact. Good faith in | 3 |
| this article shall not
include willful
misconduct, gross | 4 |
| negligence, or recklessness.
| 5 |
| ARTICLE X.
| 6 |
| Entry into Force, Withdrawal and Amendment
| 7 |
| (a) This Compact shall enter into force and become | 8 |
| effective as to any state
when
it has been enacted into the | 9 |
| laws of that state. Any party state may withdraw
from this
| 10 |
| Compact by enacting a statute repealing the same, but no such | 11 |
| withdrawal shall
take
effect until six months after the | 12 |
| withdrawing state has given notice of the
withdrawal to
the | 13 |
| executive heads of all other party states.
| 14 |
| (b) No withdrawal shall affect the validity or | 15 |
| applicability by the
licensing boards
of states remaining party | 16 |
| to the Compact of any report of adverse action
occurring prior
| 17 |
| to the withdrawal.
| 18 |
| (c) Nothing contained in this Compact shall be construed to | 19 |
| invalidate or
prevent
any nurse licensure agreement or other | 20 |
| cooperative arrangement between a party
state
and a non-party | 21 |
| state that is made in accordance with the other provisions of
| 22 |
| this
Compact.
| 23 |
| (d) This Compact may be amended by the party states. No | 24 |
| amendment to this
Compact shall become effective and binding | 25 |
| upon the party states unless and
until it is
enacted into the | 26 |
| laws of all party states.
| 27 |
| ARTICLE XI.
| 28 |
| Construction and Severability
| 29 |
| (a) This Compact shall be liberally construed so as to | 30 |
| effectuate the
purposes
thereof. The provisions of this Compact | 31 |
| shall be severable and if any phrase,
clause,
sentence or | 32 |
| provision of this Compact is declared to be contrary to the |
|
|
|
SB0086 Engrossed |
- 12 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| constitution of any
party state or of the United States or the | 2 |
| applicability thereof to any government, agency,
person or | 3 |
| circumstance is held invalid, the validity of the remainder of | 4 |
| this Compact and
the applicability thereof to any government, | 5 |
| agency, person or circumstance shall not be
affected thereby. | 6 |
| If this Compact shall be held contrary to the constitution of | 7 |
| any state
party thereto, the Compact shall remain in full force | 8 |
| and effect as to the remaining party
states and in full force | 9 |
| and effect as to the party state affected as to all severable | 10 |
| matters.
| 11 |
| (b) In the event party states find a need for settling | 12 |
| disputes arising
under this
Compact:
| 13 |
| (1) The party states may submit the issues in dispute | 14 |
| to an arbitration
panel which will be comprised of an | 15 |
| individual appointed by the Compact
administrator in the | 16 |
| home state; an individual appointed by the Compact
| 17 |
| administrator in the remote state(s) involved; and an | 18 |
| individual mutually
agreed
upon by the Compact | 19 |
| administrators of all the party states involved in the
| 20 |
| dispute.
| 21 |
| (2) The decision of a majority of the arbitrators shall | 22 |
| be final and
binding.
| 23 |
| (225 ILCS 65/25-10 new)
| 24 |
| (Section scheduled to be repealed on January 1, 2008) | 25 |
| Sec. 25-10. Costs of investigation and disposition of | 26 |
| cases. To facilitate
cross-state enforcement efforts, the | 27 |
| General Assembly finds that it is
necessary for Illinois to
| 28 |
| have the power to recover from the affected nurse the costs of | 29 |
| investigations
and
disposition of cases resulting from adverse | 30 |
| actions taken by this State against
that nurse. | 31 |
| (225 ILCS 65/25-15 new)
| 32 |
| (Section scheduled to be repealed on January 1, 2008) | 33 |
| Sec. 25-15. Statutory obligations. This Compact is | 34 |
| designed to facilitate
the
regulation of nurses and does not |
|
|
|
SB0086 Engrossed |
- 13 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| relieve employers from complying with
statutorily
imposed | 2 |
| obligations. | 3 |
| (225 ILCS 65/25-20 new)
| 4 |
| (Section scheduled to be repealed on January 1, 2008) | 5 |
| Sec. 25-20. State labor laws. This Compact does not | 6 |
| supersede existing
State
labor laws.
| 7 |
| Section 90. The Nursing and Advanced Practice Nursing Act | 8 |
| is amended by
changing Sections 5-10, 5-15, and 10-30 as | 9 |
| follows:
| 10 |
| (225 ILCS 65/5-10)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 5-10. Definitions. Each of the following terms, when | 13 |
| used
in this Act, shall have the meaning ascribed to it in this | 14 |
| Section, except
where the context clearly indicates otherwise:
| 15 |
| (a) "Department" means the Department of Professional | 16 |
| Regulation.
| 17 |
| (b) "Director" means the Director of Professional
| 18 |
| Regulation.
| 19 |
| (c) "Board" means the Board of Nursing appointed by the
| 20 |
| Director.
| 21 |
| (d) "Academic year" means the customary annual schedule of | 22 |
| courses at a
college, university, or approved school, | 23 |
| customarily regarded as the school
year as distinguished from | 24 |
| the calendar year.
| 25 |
| (e) "Approved program of professional nursing education" | 26 |
| and "approved
program of practical nursing education" are | 27 |
| programs of professional or
practical nursing, respectively, | 28 |
| approved by the Department under the
provisions of this Act.
| 29 |
| (f) "Nursing Act Coordinator" means a registered | 30 |
| professional nurse
appointed by
the Director to carry out the | 31 |
| administrative policies of the
Department.
| 32 |
| (g) "Assistant Nursing Act Coordinator" means a registered | 33 |
| professional
nurse
appointed by the Director to assist in |
|
|
|
SB0086 Engrossed |
- 14 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| carrying out the administrative
policies of the Department.
| 2 |
| (h) "Registered" is the equivalent of "licensed".
| 3 |
| (i) "Practical nurse" or "licensed practical nurse" means a | 4 |
| person who is
licensed as a practical nurse under this Act or | 5 |
| holds the privilege to
practice under this Act and practices | 6 |
| practical
nursing as defined in paragraph (j) of this Section. | 7 |
| Only a practical nurse
licensed or granted the privilege to | 8 |
| practice under this Act is entitled to
use the title "licensed | 9 |
| practical
nurse" and the abbreviation "L.P.N.".
| 10 |
| (j) "Practical nursing" means the performance of
nursing | 11 |
| acts requiring the basic nursing knowledge, judgement, and | 12 |
| skill
acquired by means of completion of an approved practical | 13 |
| nursing education
program. Practical nursing includes | 14 |
| assisting in the nursing process as
delegated by and under the | 15 |
| direction of a registered professional nurse. The
practical | 16 |
| nurse may work under the direction of a licensed physician, | 17 |
| dentist,
podiatrist, or other health care professional | 18 |
| determined by the Department.
| 19 |
| (k) "Registered Nurse" or "Registered Professional Nurse" | 20 |
| means a person
who is licensed as a professional nurse under | 21 |
| this Act or holds the privilege
to practice under this Act and | 22 |
| practices
nursing as defined in paragraph (l) of this Section. | 23 |
| Only a registered
nurse licensed or granted the privilege to | 24 |
| practice under this Act is
entitled to use the
titles | 25 |
| "registered nurse" and "registered professional nurse" and the
| 26 |
| abbreviation, "R.N.".
| 27 |
| (l) "Registered professional nursing practice" includes | 28 |
| all
nursing
specialities and means the performance of any | 29 |
| nursing act based upon
professional knowledge, judgment, and | 30 |
| skills acquired by means of completion
of an approved | 31 |
| registered professional nursing education program. A | 32 |
| registered
professional nurse provides nursing care | 33 |
| emphasizing the importance of the
whole and the interdependence | 34 |
| of its parts through the nursing process
to individuals, | 35 |
| groups, families, or communities, that includes but is not
| 36 |
| limited to: (1) the assessment of healthcare needs, nursing |
|
|
|
SB0086 Engrossed |
- 15 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| diagnosis,
planning, implementation, and nursing evaluation; | 2 |
| (2) the promotion,
maintenance, and restoration of health; (3) | 3 |
| counseling, patient education,
health education, and patient | 4 |
| advocacy; (4) the administration of medications
and treatments | 5 |
| as prescribed by a physician licensed to practice medicine in
| 6 |
| all of its branches, a licensed dentist, a licensed podiatrist, | 7 |
| or a licensed
optometrist or as prescribed by a physician | 8 |
| assistant in accordance with
written guidelines required under | 9 |
| the Physician Assistant Practice Act of 1987
or by an advanced | 10 |
| practice nurse in accordance with a written
collaborative | 11 |
| agreement required under the Nursing and
Advanced Practice | 12 |
| Nursing Act; (5) the
coordination and management of the nursing | 13 |
| plan of care; (6) the delegation to
and supervision of | 14 |
| individuals who assist the registered professional nurse
| 15 |
| implementing the plan of care; and (7) teaching and supervision | 16 |
| of nursing
students. The foregoing shall not be deemed to | 17 |
| include
those acts of medical diagnosis or prescription of | 18 |
| therapeutic or
corrective measures that are properly performed | 19 |
| only by
physicians licensed in the State of Illinois.
| 20 |
| (m) "Current nursing practice update course" means a | 21 |
| planned nursing
education curriculum approved by the | 22 |
| Department consisting of activities
that have educational | 23 |
| objectives,
instructional methods, content or subject matter, | 24 |
| clinical practice, and
evaluation methods, related to basic | 25 |
| review and updating content and
specifically planned for those | 26 |
| nurses previously licensed in the United
States or its | 27 |
| territories and preparing for reentry into nursing
practice.
| 28 |
| (n) "Professional assistance program for nurses" means a | 29 |
| professional
assistance program that meets criteria | 30 |
| established by the Board of Nursing
and approved by the | 31 |
| Director, which provides a non-disciplinary treatment
approach | 32 |
| for nurses licensed under this Act whose ability to practice is
| 33 |
| compromised by alcohol or chemical substance addiction.
| 34 |
| (o) "Privilege to practice" means the authorization to | 35 |
| practice as a
practical
nurse or a registered nurse in the | 36 |
| State under Title 25 of this Act.
|
|
|
|
SB0086 Engrossed |
- 16 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| (p) "License" or "licensed" means the permission granted a | 2 |
| person to
practice
nursing under this Act, including the | 3 |
| privilege to practice.
| 4 |
| (q) "Licensee" means a person who has been issued a license | 5 |
| to practice
nursing in the state or who holds the privilege to | 6 |
| practice nursing in this
State.
| 7 |
| (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; | 8 |
| 90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
| 9 |
| (225 ILCS 65/5-15)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 5-15. Policy; application of Act. For the protection | 12 |
| of life and the
promotion of health, and the prevention of | 13 |
| illness and communicable diseases,
any person practicing or | 14 |
| offering to practice professional and practical
nursing in | 15 |
| Illinois shall submit evidence that he or she is qualified to
| 16 |
| practice, and shall be licensed or hold the privilege to | 17 |
| practice as provided under this Act. No person shall
practice | 18 |
| or offer to practice professional or practical nursing in | 19 |
| Illinois or
use any title, sign, card or device to indicate | 20 |
| that such a person is
practicing professional or practical | 21 |
| nursing unless such person has been
licensed or holds the | 22 |
| privilege to practice under the provisions of this Act.
| 23 |
| This Act does not prohibit the following:
| 24 |
| (a) The practice of nursing in Federal employment in | 25 |
| the discharge of the
employee's duties by a person who is | 26 |
| employed by the United States
government or any bureau, | 27 |
| division or agency thereof and is a legally
qualified and | 28 |
| licensed nurse of another state or territory and not in
| 29 |
| conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
| 30 |
| (b) Nursing that is included in their program of study | 31 |
| by
students
enrolled in programs of nursing or in current | 32 |
| nurse practice update courses
approved by the Department.
| 33 |
| (c) The furnishing of nursing assistance in an | 34 |
| emergency.
| 35 |
| (d) The practice of nursing by a nurse who holds an |
|
|
|
SB0086 Engrossed |
- 17 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| active license in
another state when providing services to | 2 |
| patients in Illinois during a bonafide
emergency or in | 3 |
| immediate preparation for or during interstate
transit.
| 4 |
| (e) The incidental care of the sick by members of the | 5 |
| family, domestic
servants or housekeepers, or care of the | 6 |
| sick where treatment is by prayer
or spiritual means.
| 7 |
| (f) Persons from being employed as nursing aides, | 8 |
| attendants, orderlies,
and
other auxiliary workers in | 9 |
| private homes, long term care facilities,
nurseries, | 10 |
| hospitals or other institutions.
| 11 |
| (g) The practice of practical nursing by one who has | 12 |
| applied in writing to
the Department in form and substance | 13 |
| satisfactory to the Department, for a
license as a licensed | 14 |
| practical nurse and who has complied with all the
| 15 |
| provisions under Section 10-30, except the passing of an | 16 |
| examination
to be eligible to receive such license, until: | 17 |
| the decision of the Department
that the applicant has | 18 |
| failed to pass the next available examination
authorized by | 19 |
| the Department or has failed, without an approved excuse, | 20 |
| to
take the next available examination authorized by the | 21 |
| Department or until the
withdrawal of the application, but | 22 |
| not to exceed 3 months.
An applicant practicing practical | 23 |
| nursing under this Section who passes the
examination, | 24 |
| however, may continue to practice under this Section until | 25 |
| such
time as he or she receives his or her license to | 26 |
| practice or until the
Department notifies him or her that | 27 |
| the license has been denied.
No applicant
for licensure | 28 |
| practicing under
the provisions of this paragraph shall | 29 |
| practice practical nursing except
under the direct | 30 |
| supervision of a registered professional nurse licensed
| 31 |
| under this Act or a licensed physician, dentist or | 32 |
| podiatrist. In no
instance shall any such applicant | 33 |
| practice or be
employed in any supervisory capacity.
| 34 |
| (h) The practice of practical nursing by one who is a | 35 |
| licensed practical
nurse under the laws of another U.S. | 36 |
| jurisdiction and has applied in writing
to the Department, |
|
|
|
SB0086 Engrossed |
- 18 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| in form and substance satisfactory to the Department,
for a | 2 |
| license as a licensed practical nurse and who is qualified | 3 |
| to receive
such license under Section 10-30, until (1) the | 4 |
| expiration of 6 months after
the filing of such written | 5 |
| application, (2) the withdrawal of such application,
or (3) | 6 |
| the denial of such application by the Department.
| 7 |
| (i) The practice of professional nursing by one who has | 8 |
| applied in writing
to the Department in form and substance | 9 |
| satisfactory to the Department for
a license as a | 10 |
| registered professional nurse and has complied with all the
| 11 |
| provisions under Section 10-30 except the passing of an | 12 |
| examination to be
eligible to receive such license, until | 13 |
| the decision of the Department
that the applicant has | 14 |
| failed to pass the next available examination
authorized by | 15 |
| the Department or has failed, without an approved excuse, | 16 |
| to
take the next available examination authorized by the | 17 |
| Department or until
the withdrawal of the application, but | 18 |
| not to exceed 3 months.
An applicant practicing | 19 |
| professional nursing under this Section who passes
the
| 20 |
| examination, however, may continue to practice under this | 21 |
| Section until such
time as he or she receives his or her | 22 |
| license to practice or until the
Department notifies him or | 23 |
| her that the license has been denied.
No applicant
for | 24 |
| licensure practicing under
the provisions of this | 25 |
| paragraph shall practice professional nursing except
under | 26 |
| the direct supervision of a registered professional nurse | 27 |
| licensed
under this Act. In no instance shall any such | 28 |
| applicant practice or be
employed in any supervisory | 29 |
| capacity.
| 30 |
| (j) The practice of professional nursing by one who is | 31 |
| a registered
professional nurse under the laws of another | 32 |
| state, territory of the United
States or country and has | 33 |
| applied in writing to the Department, in form and
substance | 34 |
| satisfactory to the Department, for a license as a | 35 |
| registered
professional nurse and who is qualified to | 36 |
| receive such license under
Section 10-30, until (1) the |
|
|
|
SB0086 Engrossed |
- 19 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| expiration of 6 months after the filing of
such written | 2 |
| application, (2) the withdrawal of such application, or (3)
| 3 |
| the denial of such application by the Department.
| 4 |
| (k) The practice of professional nursing that is | 5 |
| included in a program of
study by one who is a registered | 6 |
| professional nurse under the laws of
another state or | 7 |
| territory of the United States or foreign country,
| 8 |
| territory or province and who is enrolled in a graduate | 9 |
| nursing education
program or a program for the completion | 10 |
| of a baccalaureate nursing degree in
this State, which | 11 |
| includes clinical supervision by faculty as
determined by | 12 |
| the educational institution offering the program and the
| 13 |
| health care organization where the practice of nursing | 14 |
| occurs. The
educational institution will file with the | 15 |
| Department each academic term a
list of the names and | 16 |
| origin of license of all professional nurses
practicing | 17 |
| nursing as part of their programs under this provision.
| 18 |
| (l) Any person licensed in this State under any other | 19 |
| Act from engaging
in the practice for which she or he is | 20 |
| licensed.
| 21 |
| (m) Delegation to authorized direct care staff trained | 22 |
| under Section 15.4
of the Mental Health and
Developmental | 23 |
| Disabilities Administrative Act.
| 24 |
| An applicant for license practicing under the exceptions | 25 |
| set forth in
subparagraphs (g), (h), (i), and (j) of this | 26 |
| Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. | 27 |
| Pend. respectively and no other.
| 28 |
| (Source: P.A. 93-265, eff. 7-22-03.)
| 29 |
| (225 ILCS 65/10-30)
| 30 |
| (Section scheduled to be repealed on January 1, 2008)
| 31 |
| Sec. 10-30. Qualifications for licensure.
| 32 |
| (a) Each applicant who successfully meets the requirements | 33 |
| of this Section
shall be entitled to licensure as a Registered | 34 |
| Nurse or Licensed Practical
Nurse, whichever is applicable.
| 35 |
| (b) An applicant for licensure by examination to practice |
|
|
|
SB0086 Engrossed |
- 20 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| as a registered
nurse or licensed practical nurse shall:
| 2 |
| (1) submit a completed written application, on forms | 3 |
| provided by the
Department and fees as established by the | 4 |
| Department;
| 5 |
| (2) for registered nurse licensure, have graduated | 6 |
| from a
professional nursing education program approved by | 7 |
| the Department;
| 8 |
| (2.5) for licensed practical nurse licensure, have | 9 |
| graduated
graduate from a practical nursing education | 10 |
| program approved by the
Department;
| 11 |
| (3) have not violated the provisions of Section 10-45 | 12 |
| of this Act. The
Department may take into consideration any | 13 |
| felony conviction of the applicant,
but such a conviction | 14 |
| shall not operate as an absolute bar to licensure;
| 15 |
| (4) meet all other requirements as established by rule;
| 16 |
| (5) pay, either to the Department or its designated | 17 |
| testing service,
a fee covering the cost of providing the | 18 |
| examination. Failure to appear for
the examination on the | 19 |
| scheduled date at the time and place specified after the
| 20 |
| applicant's application for examination has been received | 21 |
| and acknowledged by
the Department or the designated | 22 |
| testing service shall result in the forfeiture
of the | 23 |
| examination fee.
| 24 |
| If an applicant neglects, fails, or refuses to take an | 25 |
| examination or fails
to pass an examination for a license under | 26 |
| this Act within 3 years after filing
the application, the | 27 |
| application shall be denied. However, the applicant may
make a | 28 |
| new application accompanied by the required fee and provide
| 29 |
| evidence of meeting the requirements in force at the time of | 30 |
| the new
application.
| 31 |
| An applicant may take and successfully complete a | 32 |
| Department-approved
examination in another jurisdiction. | 33 |
| However, an applicant who has never been
licensed previously in | 34 |
| any jurisdiction that utilizes a Department-approved
| 35 |
| examination and who has taken and failed to
pass the | 36 |
| examination within 3 years after filing the application must |
|
|
|
SB0086 Engrossed |
- 21 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| submit
proof of successful completion of a | 2 |
| Department-authorized nursing education
program or | 3 |
| recompletion of an approved registered nursing program or | 4 |
| licensed
practical nursing program, as appropriate, prior to | 5 |
| re-application.
| 6 |
| An applicant shall have one year from the date of | 7 |
| notification of successful
completion of the examination to | 8 |
| apply to the Department for a license. If an
applicant fails to | 9 |
| apply within one year, the applicant shall be required to
again | 10 |
| take and pass the examination unless licensed in another | 11 |
| jurisdiction of
the United States within one year of passing | 12 |
| the examination.
| 13 |
| (c) An applicant for licensure by endorsement who is a | 14 |
| registered
professional nurse or a licensed practical nurse | 15 |
| licensed by examination
under the laws of another state or | 16 |
| territory of the United States or a
foreign country, | 17 |
| jurisdiction, territory, or province shall:
| 18 |
| (1) submit a completed written application, on forms | 19 |
| supplied by the
Department, and fees as established by the | 20 |
| Department;
| 21 |
| (2) for registered nurse licensure, have graduated | 22 |
| from a professional
nursing education program approved by | 23 |
| the Department;
| 24 |
| (2.5) for licensed practical nurse licensure, have | 25 |
| graduated
from a practical nursing education program | 26 |
| approved by the Department;
| 27 |
| (3) submit verification of licensure status directly | 28 |
| from the United
States jurisdiction of licensure, if | 29 |
| applicable, as defined by rule;
| 30 |
| (4) have passed the examination authorized by the | 31 |
| Department;
| 32 |
| (5) meet all other requirements as established by rule.
| 33 |
| (d) All applicants for registered nurse licensure pursuant | 34 |
| to item (2) of
subsection (b) and item (2) of subsection (c) of | 35 |
| this Section who are graduates
of nursing educational programs | 36 |
| in a country other than the United States or
its territories |
|
|
|
SB0086 Engrossed |
- 22 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| must submit to the Department certification of successful
| 2 |
| completion of the Commission of Graduates of Foreign Nursing | 3 |
| Schools (CGFNS)
examination. An applicant who is unable to | 4 |
| provide appropriate documentation
to satisfy CGFNS of her or | 5 |
| his educational qualifications for the CGFNS
examination shall | 6 |
| be required to pass an examination to test competency in the
| 7 |
| English language, which shall be prescribed by the Department, | 8 |
| if the
applicant is determined by the Board to be educationally | 9 |
| prepared in
nursing. The Board shall make appropriate inquiry | 10 |
| into the reasons for
any adverse determination by CGFNS before | 11 |
| making its own decision.
| 12 |
| An applicant licensed in another state or territory who is | 13 |
| applying for
licensure and has received her or his education in | 14 |
| a country other than the
United States or its territories shall | 15 |
| be exempt from the completion of the
Commission of Graduates of | 16 |
| Foreign Nursing Schools (CGFNS) examination if the
applicant | 17 |
| meets all of the following requirements:
| 18 |
| (1) successful passage of the licensure examination | 19 |
| authorized by the
Department;
| 20 |
| (2) holds an active, unencumbered license in another | 21 |
| state; and
| 22 |
| (3) has been actively practicing for a minimum of 2 | 23 |
| years in another
state.
| 24 |
| (e) (Blank).
| 25 |
| (f) Pending the issuance of a license under subsection (c) | 26 |
| of this Section,
the Department may grant an applicant a | 27 |
| temporary license to practice nursing
as a registered nurse or | 28 |
| as a licensed practical nurse if the Department is
satisfied | 29 |
| that the applicant holds an active, unencumbered license in | 30 |
| good
standing in another jurisdiction. If the applicant holds | 31 |
| more than one
current active license, or one or more active | 32 |
| temporary licenses from other
jurisdictions, the
Department | 33 |
| shall not issue a temporary license until it is satisfied that
| 34 |
| each current active license held by the applicant is | 35 |
| unencumbered. The
temporary license, which shall be issued no | 36 |
| later than 14 working days
following receipt by the Department |
|
|
|
SB0086 Engrossed |
- 23 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| of an application for the temporary
license, shall be granted | 2 |
| upon the submission of the following to the
Department:
| 3 |
| (1) a signed and completed application for licensure | 4 |
| under subsection (a)
of this Section as a registered nurse | 5 |
| or a licensed practical nurse;
| 6 |
| (2) proof of a current, active license in at least one | 7 |
| other jurisdiction
and proof that each current active | 8 |
| license or temporary license held by the
applicant within | 9 |
| the last 5 years is unencumbered;
| 10 |
| (3) a signed and completed application for a temporary | 11 |
| license; and
| 12 |
| (4) the required temporary license fee.
| 13 |
| (g) The Department may refuse to issue an applicant a | 14 |
| temporary
license authorized pursuant to this Section if, | 15 |
| within 14 working days
following its receipt of an application | 16 |
| for a temporary license, the
Department determines that:
| 17 |
| (1) the applicant has been convicted of a crime under | 18 |
| the laws of a
jurisdiction of the United States: (i) which | 19 |
| is a felony; or (ii) which is a
misdemeanor directly | 20 |
| related to the practice of the profession, within the last
| 21 |
| 5 years;
| 22 |
| (2) within the last 5 years the applicant has had a | 23 |
| license or permit
related to the practice of nursing | 24 |
| revoked, suspended, or placed on probation
by
another | 25 |
| jurisdiction, if at least one of the grounds for revoking, | 26 |
| suspending,
or placing on probation is the same or | 27 |
| substantially equivalent to grounds in
Illinois; or
| 28 |
| (3) it intends to deny licensure by endorsement.
| 29 |
| For purposes of this Section, an "unencumbered license" | 30 |
| means a
license against which no disciplinary action has been | 31 |
| taken or is pending and
for which all fees and charges are paid | 32 |
| and current.
| 33 |
| (h) The Department may revoke a temporary license issued | 34 |
| pursuant to this
Section if:
| 35 |
| (1) it determines that the applicant has been convicted | 36 |
| of a crime under
the law of any jurisdiction of the United |
|
|
|
SB0086 Engrossed |
- 24 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| States that is (i) a felony or
(ii) a misdemeanor directly | 2 |
| related to the practice of the profession,
within the last | 3 |
| 5 years;
| 4 |
| (2) it determines that within the last 5 years the | 5 |
| applicant has had a
license or permit related to the | 6 |
| practice of nursing revoked, suspended, or
placed on | 7 |
| probation by another jurisdiction, if at least one of the | 8 |
| grounds for
revoking, suspending, or placing on probation | 9 |
| is the same or substantially
equivalent to grounds in | 10 |
| Illinois; or
| 11 |
| (3) it determines that it intends to deny licensure by | 12 |
| endorsement.
| 13 |
| A temporary license shall expire 6 months from the date of | 14 |
| issuance.
Further renewal may be granted by the Department in | 15 |
| hardship cases, as defined
by rule and upon approval of the | 16 |
| Director. However, a temporary license shall
automatically | 17 |
| expire upon issuance of the Illinois license or upon | 18 |
| notification
that the Department intends to deny licensure, | 19 |
| whichever occurs first.
| 20 |
| (i) Applicants have 3 years from the date of application to | 21 |
| complete the
application process. If the process has not been | 22 |
| completed within 3 years from
the date of application, the | 23 |
| application shall be denied, the fee forfeited,
and the | 24 |
| applicant must reapply and meet the requirements in effect at | 25 |
| the time
of reapplication.
| 26 |
| (j) A practical nurse licensed by a party state under the | 27 |
| Nurse Licensure
Compact under Title 25 of this Act is granted | 28 |
| the privilege to practice practical nursing in this State. A | 29 |
| registered
nurse
licensed by a party state under the Nurse | 30 |
| Licensure Compact under Title 25 of this Act is granted the
| 31 |
| privilege to
practice registered nursing in this State. A | 32 |
| practical nurse or registered
nurse who has
been granted the | 33 |
| privilege to practice nursing in this State under this
| 34 |
| subsection (j) may be required to
notify the Department, prior | 35 |
| to commencing employment in this State as a
practical or | 36 |
| registered nurse, of the identity and location of the nurse's
|
|
|
|
SB0086 Engrossed |
- 25 - |
LRB094 06895 RAS 37006 b |
|
| 1 |
| prospective
employer.
| 2 |
| (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02; | 3 |
| revised 2-17-03.)
| 4 |
| Section 99. Effective date. This Act takes effect January | 5 |
| 1, 2006.
|
|