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90_HB1079
225 ILCS 65/3 from Ch. 111, par. 3503
225 ILCS 65/4 from Ch. 111, par. 3504
Amends the Illinois Nursing Act of 1987. Deletes the
definition of professional nursing and replaces it with a
definition of registered professional nursing practice, which
means the performance of any nursing act based upon
professional knowledge, judgment, and skills acquired by
means of completion of an approved registered professional
nursing education program. Changes the definition of
practical nursing to mean the performance of nursing acts
requiring the basic nursing knowledge, judgment, and skill
acquired by means of completion of an approved practical
nursing education program.
LRB9001266LDdv
LRB9001266LDdv
1 AN ACT to amend the Illinois Nursing Act of 1987 by
2 changing Sections 3 and 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Nursing Act of 1987 is amended
6 by changing Sections 3 and 4 as follows:
7 (225 ILCS 65/3) (from Ch. 111, par. 3503)
8 Sec. 3. Each of the following terms, when used in this
9 Act, shall have the meaning ascribed to it in this Section,
10 except where the context clearly indicates otherwise:
11 (a) "Department" means the Department of Professional
12 Regulation;
13 (b) "Director" means the Director of the Department of
14 Professional Regulation;
15 (c) "Committee" means the Committee on Nursing appointed
16 by the Director;
17 (d) "Academic year" means the customary annual schedule
18 of courses at a college, university or approved school,
19 customarily regarded as the school year as distinguished from
20 the calendar year;
21 (e) "Approved program of professional nursing education"
22 and "approved program of practical nursing education" are
23 programs of professional or practical nursing, respectively,
24 approved by the Department under the provisions of this Act;
25 (f) "Nursing Coordinator" means a registered
26 professional nurse appointed by the Director to carry out the
27 administrative policies of the Department;
28 (g) "Assistant Nursing Coordinator" means a registered
29 professional nurse appointed by the Director to assist in
30 carrying out the administrative policies of the Department;
31 (h) "Registered" is the equivalent of "licensed";
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1 (i) "Practical nurse" or "licensed practical nurse"
2 means a person who is licensed as a practical nurse under
3 this Act and practices practical nursing as defined in
4 paragraph (j) of this Section. Only a practical nurse
5 licensed under this Act is entitled to use the title
6 "licensed practical nurse" and the abbreviation "L.P.N.";
7 (j) "Practical nursing" means the performance, for
8 compensation, of nursing acts requiring the basic nursing
9 knowledge, judgement, and skill acquired by means of
10 completion of an approved practical nursing education
11 program. Practical nursing includes assisting in the nursing
12 process as delegated by and under the direction of a
13 registered professional nurse. The practical nurse may work
14 under the direction of a licensed physician, dentist, or
15 podiatrist in the care of the ill, injured, or infirmed,
16 selected by and performed under the direction of a registered
17 professional nurse, licensed physician, dentist, or
18 podiatrist, requiring the basic nursing skill, judgment, and
19 knowledge acquired by means of a completed course of study in
20 an approved practical nursing education program;
21 (k) "Registered Nurse" or "Registered Professional
22 Nurse" means a person who is licensed as a professional nurse
23 under this Act and practices nursing as defined in paragraph
24 (l) of this Section. Only a registered nurse licensed under
25 this Act is entitled to use the titles "registered nurse" and
26 "registered professional nurse" and the abbreviation, "R.N.";
27 (l) (Blank). "Professional nursing" includes all its
28 specialties, and means the performance for compensation of
29 any nursing act, (1) in the nursing evaluation, observation,
30 care, and counsel of the ill, injured, or infirmed; (2) in
31 the maintenance of health or prevention of illness of others;
32 (3) the administration of medications and treatments as
33 prescribed by a licensed physician, dentist, or podiatrist;
34 or (4) any act in the supervision or teaching of nursing,
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1 which requires substantial, specialized judgment and skill
2 the proper performance of which is based on knowledge and
3 application of the principles of biological, physical, and
4 social science acquired by means of a completed course in an
5 approved school of professional nursing. The foregoing shall
6 not be deemed to include those acts of medical diagnosis or
7 prescription of therapeutic or corrective measures which are
8 properly performed only by physicians licensed in the State
9 of Illinois; and
10 (m) "Current nursing practice update course" means a
11 planned nursing education curriculum approved by the
12 Department consisting of activities which have educational
13 objectives, instructional methods, content or subject matter,
14 clinical practice, and evaluation methods, related to basic
15 review and updating content and specifically planned for
16 those nurses previously licensed in the United States or its
17 territories and preparing for reentry into nursing practice;
18 and.
19 (n) "Registered professional nursing practice" includes
20 all nursing specialities and means the performance of any
21 nursing act based upon professional knowledge, judgement, and
22 skills acquired by means of completion of an approved
23 registered professional nursing education program. A
24 registered professional nurse provides holistic nursing care
25 through the nursing process to individuals, groups, families,
26 or communities, that includes but is not limited to: (1) the
27 assessment of healthcare needs, diagnosis, planning,
28 implementation, and evaluation; (2) the promotion,
29 maintenance, and restoration of health; (3) counseling,
30 patient education, health education, and patient advocacy;
31 (4) the administration of medications and treatments as
32 prescribed by a person so authorized by State law; (5) the
33 coordination and management of the nursing plan of care; (6)
34 the delegation to and supervision of individuals who assist
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1 the registered professional nurse implementing the plan of
2 care; and (7) teaching and supervision of nursing students.
3 (Source: P.A. 85-981.)
4 (225 ILCS 65/4) (from Ch. 111, par. 3504)
5 Sec. 4. For the protection of life and the promotion of
6 health, and the prevention of illness and communicable
7 diseases, any person practicing or offering to practice
8 professional and practical nursing in Illinois shall submit
9 evidence that he or she is qualified to practice, and shall
10 be licensed as hereinafter provided. No person shall
11 practice or offer to practice professional or practical
12 nursing in Illinois or use any title, sign, card or device to
13 indicate that such a person is practicing professional or
14 practical nursing unless such person has been licensed under
15 the provisions of this Act.
16 This Act does not prohibit the following:
17 (a) The practice of nursing in Federal employment in the
18 discharge of the employee's duties by a person who is
19 employed by the United States government or any bureau,
20 division or agency thereof and is a legally qualified and
21 licensed nurse of another state or territory and not in
22 conflict with Sections 6, 12, 13, and 25 of this Act;
23 (b) Nursing which is included in their program of study
24 by students enrolled in programs of nursing or in current
25 nurse practice update courses approved by the Department;
26 (c) The furnishing of nursing assistance in an
27 emergency;
28 (d) The practice of nursing by a nurse who holds an
29 active license in another state when providing services to
30 patients in Illinois during a bonafide emergency or in
31 immediate preparation for or during interstate transit;
32 (e) The incidental care of the sick by members of the
33 family, domestic servants or housekeepers, or care of the
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1 sick where treatment is by prayer or spiritual means;
2 (f) Persons from being employed to assist a nurse.
3 These persons shall meet the requirements set forth by the
4 Department of Professional Regulation and the Illinois
5 Department of Public Health as nursing aides, attendants,
6 orderlies and other auxiliary workers in private homes, long
7 term care facilities, nurseries, hospitals or other
8 institutions;
9 (g) The practice of practical nursing by one who has
10 applied in writing to the Department in form and substance
11 satisfactory to the Department, for a license as a licensed
12 practical nurse and has complied with all the provisions
13 under Section 13, except the passing of an examination to be
14 eligible to receive such license, until: the decision of the
15 Department that the applicant has failed to pass the next
16 available examination authorized by the Department, or
17 failed, without an approved excuse, to take the next
18 available examination authorized by the Department, or the
19 withdrawal of the application. No applicant for licensure
20 practicing under the provisions of this paragraph shall
21 practice practical nursing except under the direct
22 supervision of a registered professional nurse licensed under
23 this Act or a licensed physician, dentist or podiatrist. In
24 no instance shall any such applicant practice or be employed
25 in any supervisory capacity;
26 (h) The practice of practical nursing by one who is a
27 licensed practical nurse under the laws of another U.S.
28 jurisdiction and has applied in writing to the Department, in
29 form and substance satisfactory to the Department, for a
30 license as a licensed practical nurse and who is qualified to
31 receive such license under Section 13, until: (1) the
32 expiration of 6 months after the filing of such written
33 application, or (2) the withdrawal of such application, or
34 (3) the denial of such application by the Department;
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1 (i) The practice of professional nursing by one who has
2 applied in writing to the Department in form and substance
3 satisfactory to the Department for a license as a registered
4 professional nurse and has complied with all the provisions
5 under Section 12 except the passing of an examination to be
6 eligible to receive such license until: the decision of the
7 Department that the applicant has failed to pass the next
8 available examination authorized by the Department, or
9 failed, without an approved excuse, to take the next
10 available examination authorized by the Department or the
11 withdrawal of the application. No applicant for licensure
12 practicing under the provisions of this paragraph shall
13 practice professional nursing except under the direct
14 supervision of a registered professional nurse licensed under
15 this Act. In no instance shall any such applicant practice
16 or be employed in any supervisory capacity;
17 (j) The practice of professional nursing by one who is a
18 registered professional nurse under the laws of another
19 state, territory of the United States or Country and has
20 applied in writing to the Department, in form and substance
21 satisfactory to the Department, for a license as a registered
22 professional nurse and who is qualified to receive such
23 license under Section 12, until: (1) the expiration of 12
24 months after the filing of such written application, or (2)
25 the withdrawal of such application, or (3) the denial of such
26 application by the Department;
27 (k) The practice of professional nursing which is
28 included in a program of study by one who is a registered
29 professional nurse under the laws of another state or
30 territory of the United States or foreign country, territory
31 or province and who is enrolled in a graduate nursing
32 education program or a program for the completion of a
33 baccalaureate nursing degree in this State which program
34 includes clinical supervision by faculty as determined by the
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1 educational institution offering the program and the health
2 care organization where the practice of nursing occurs. The
3 educational institution will file with the Department each
4 academic term a list of the names and origin of license of
5 all professional nurses practicing nursing as part of their
6 programs under this provision; or
7 (l) Any person licensed in this State under any other
8 Act from engaging in the practice for which she or he is
9 licensed.
10 An applicant for license practicing under the exceptions
11 set forth in subparagraphs (g), (h), (i), and (j) of this
12 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
13 Pend. respectively and no other.
14 (Source: P.A. 85-981.)