[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0606 225 ILCS 65/3 from Ch. 111, par. 3503 225 ILCS 65/4 from Ch. 111, par. 3504 225 ILCS 65/6 from Ch. 111, par. 3506 225 ILCS 65/7 from Ch. 111, par. 3507 225 ILCS 65/12 from Ch. 111, par. 3512 Amends the Illinois Nursing Act of 1987. Provides for practice as an advanced practice registered nurse. Provides that an advanced practice registered nurse shall hold a current license to practice as a registered nurse in Illinois, hold applicable national certification in his or her nursing specialty, and have completed a post-basic, advanced formal education program in the area of his or her nursing specialty. Increases the number of members on the Committee from 11 to 13. Provides that the 2 additional members and the 2 members that currently represent advanced specialty practice shall represent advanced practice nursing. LRB9001264LDdvA LRB9001264LDdvA 1 AN ACT to amend the Illinois Nursing Practice Act of 1987 2 by changing Sections 3, 4, 6, 7, and 12. 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, 4, 6, 7, and 12 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"; -2- LRB9001264LDdvA 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 acts in the care of the ill, injured, or 9 infirmed, selected by and performed under the direction of a 10 registered professional nurse, licensed physician, dentist, 11 or podiatrist, requiring the basic nursing skill, judgment, 12 and knowledge acquired by means of a completed course of 13 study in an approved practical nursing education program; 14 (k) "Registered Nurse" or "Registered Professional 15 Nurse" means a person who is licensed as a professional nurse 16 under this Act and practices nursing as defined in paragraph 17 (l) of this Section. Only a registered nurse licensed under 18 this Act is entitled to use the titles "registered nurse" and 19 "registered professional nurse" and the abbreviation, "R.N."; 20 (l) "Professional nursing" includes all its specialties, 21 and means the performance for compensation of any nursing 22 act, (1) in the nursing evaluation, observation, care, and 23 counsel of the ill, injured, or infirmed; (2) in the 24 maintenance of health or prevention of illness of others; (3) 25 the administration of medications and treatments as 26 prescribed by a licensed physician, dentist, or podiatrist; 27 or (4) any act in the supervision or teaching of nursing, 28 which requires substantial, specialized judgment and skill 29 the proper performance of which is based on knowledge and 30 application of the principles of biological, physical, and 31 social science acquired by means of a completed course in an 32 approved school of professional nursing. The foregoing shall 33 not be deemed to include those acts of medical diagnosis or 34 prescription of therapeutic or corrective measures which are -3- LRB9001264LDdvA 1 properly performed only by physicians licensed in the State 2 of Illinois; 3 (m) "Current nursing practice update course" means a 4 planned nursing education curriculum approved by the 5 Department consisting of activities which have educational 6 objectives, instructional methods, content or subject matter, 7 clinical practice, and evaluation methods, related to basic 8 review and updating content and specifically planned for 9 those nurses previously licensed in the United States or its 10 territories and preparing for reentry into nursing practice; 11 and.12 (n) "Advanced practice registered nurse" (APRN) means a 13 person who meets the requirements of a registered nurse as 14 well as additional educational and experience requirements 15 provided in this Act and regulations for advanced practice 16 nursing. APRNs care for their patients by: 17 (1) using advanced diagnostic skills, the results 18 of diagnostic tests and procedures ordered by the APRN or 19 others, and independent judgment to initiate and 20 coordinate the care of patients; 21 (2) collaborating and interacting with licensed and 22 other health care professionals in the diagnosis of 23 illness and management of wellness and other conditions 24 as appropriate to the level and area of APRN practice; 25 and 26 (3) ordering diagnostic tests, prescribing, 27 dispensing, and administering drugs, medical, 28 therapeutic, and corrective measures to treat illness, 29 improving health status, or providing preventive care. 30 Advance practice registered nurses include certified 31 nurse midwives (CNM), certified nurse practitioners (CNP), 32 certified registered nurse anesthetists (CRNA), and clinical 33 nurse specialists (CNS). 34 (Source: P.A. 85-981.) -4- LRB9001264LDdvA 1 (225 ILCS 65/4) (from Ch. 111, par. 3504) 2 Sec. 4. For the protection of life and the promotion of 3 health, and the prevention of illness and communicable 4 diseases, any person practicing or offering to practice 5 professional and practical nursing in Illinois shall submit 6 evidence that he or she is qualified to practice, and shall 7 be licensed as hereinafter provided. No person shall 8 practice or offer to practice professional or practical 9 nursing in Illinois or use any title, sign, card or device to 10 indicate that such a person is practicing professional or 11 practical nursing unless such person has been licensed under 12 the provisions of this Act. 13 An advanced practice registered nurse shall: 14 (1) hold a current license to practice as a 15 Registered Nurse in Illinois; 16 (2) hold applicable national certification or 17 recertification in his or her nursing speciality 18 according to the policies as defined by the certifying 19 body of his or her nursing speciality; and 20 (3) have completed a post-basic, advanced formal 21 education program in the area of his or her nursing 22 speciality. 23 As of January 1, 2003, new graduates, in addition to 24 meeting the above requirements, shall have a graduate degree 25 and applicable certification in an advanced practice nursing 26 speciality within one year of graduation. 27 This Act does not prohibit the following: 28 (a) The practice of nursing in Federal employment in the 29 discharge of the employee's duties by a person who is 30 employed by the United States government or any bureau, 31 division or agency thereof and is a legally qualified and 32 licensed nurse of another state or territory and not in 33 conflict with Sections 6, 12, 13, and 25 of this Act; 34 (b) Nursing which is included in their program of study -5- LRB9001264LDdvA 1 by students enrolled in programs of nursing or in current 2 nurse practice update courses approved by the Department; 3 (c) The furnishing of nursing assistance in an 4 emergency; 5 (d) The practice of nursing by a nurse who holds an 6 active license in another state when providing services to 7 patients in Illinois during a bonafide emergency or in 8 immediate preparation for or during interstate transit; 9 (e) The incidental care of the sick by members of the 10 family, domestic servants or housekeepers, or care of the 11 sick where treatment is by prayer or spiritual means; 12 (f) Persons from being employed as nursing aides, 13 attendants, orderlies and other auxiliary workers in private 14 homes, long term care facilities, nurseries, hospitals or 15 other institutions; 16 (g) The practice of practical nursing by one who has 17 applied in writing to the Department in form and substance 18 satisfactory to the Department, for a license as a licensed 19 practical nurse and has complied with all the provisions 20 under Section 13, except the passing of an examination to be 21 eligible to receive such license, until: the decision of the 22 Department that the applicant has failed to pass the next 23 available examination authorized by the Department, or 24 failed, without an approved excuse, to take the next 25 available examination authorized by the Department, or the 26 withdrawal of the application. No applicant for licensure 27 practicing under the provisions of this paragraph shall 28 practice practical nursing except under the direct 29 supervision of a registered professional nurse licensed under 30 this Act or a licensed physician, dentist or podiatrist. In 31 no instance shall any such applicant practice or be employed 32 in any supervisory capacity; 33 (h) The practice of practical nursing by one who is a 34 licensed practical nurse under the laws of another U.S. -6- LRB9001264LDdvA 1 jurisdiction and has applied in writing to the Department, in 2 form and substance satisfactory to the Department, for a 3 license as a licensed practical nurse and who is qualified to 4 receive such license under Section 13, until: (1) the 5 expiration of 6 months after the filing of such written 6 application, or (2) the withdrawal of such application, or 7 (3) the denial of such application by the Department; 8 (i) The practice of professional nursing by one who has 9 applied in writing to the Department in form and substance 10 satisfactory to the Department for a license as a registered 11 professional nurse and has complied with all the provisions 12 under Section 12 except the passing of an examination to be 13 eligible to receive such license until: the decision of the 14 Department that the applicant has failed to pass the next 15 available examination authorized by the Department, or 16 failed, without an approved excuse, to take the next 17 available examination authorized by the Department or the 18 withdrawal of the application. No applicant for licensure 19 practicing under the provisions of this paragraph shall 20 practice professional nursing except under the direct 21 supervision of a registered professional nurse licensed under 22 this Act. In no instance shall any such applicant practice 23 or be employed in any supervisory capacity; 24 (j) The practice of professional nursing by one who is a 25 registered professional nurse under the laws of another 26 state, territory of the United States or Country and has 27 applied in writing to the Department, in form and substance 28 satisfactory to the Department, for a license as a registered 29 professional nurse and who is qualified to receive such 30 license under Section 12, until: (1) the expiration of 12 31 months after the filing of such written application, or (2) 32 the withdrawal of such application, or (3) the denial of such 33 application by the Department; 34 (k) The practice of professional nursing which is -7- LRB9001264LDdvA 1 included in a program of study by one who is a registered 2 professional nurse under the laws of another state or 3 territory of the United States or foreign country, territory 4 or province and who is enrolled in a graduate nursing 5 education program or a program for the completion of a 6 baccalaureate nursing degree in this State which program 7 includes clinical supervision by faculty as determined by the 8 educational institution offering the program and the health 9 care organization where the practice of nursing occurs. The 10 educational institution will file with the Department each 11 academic term a list of the names and origin of license of 12 all professional nurses practicing nursing as part of their 13 programs under this provision; or 14 (l) Any person licensed in this State under any other 15 Act from engaging in the practice for which she or he is 16 licensed. 17 An applicant for license practicing under the exceptions 18 set forth in subparagraphs (g), (h), (i), and (j) of this 19 Section shall use the title R.N. Lic. Pend., A.P.R.N. Pend., 20 or L.P.N. Lic. Pend. respectively and no other. 21 (Source: P.A. 85-981.) 22 (225 ILCS 65/6) (from Ch. 111, par. 3506) 23 Sec. 6. No person shall: 24 (a) Practice professional nursing without a valid 25 license as a registered professional nurse except as provided 26 in paragraphs (i) and (j) of Section 4 of this Act; 27 (b) Practice practical nursing without a valid license 28 as a licensed practical nurse; or practice practical nursing 29 other than under the direction of a licensed physician, 30 licensed dentist, or registered professional nurse; except as 31 provided in paragraphs (g), (h) and (j) of Section 4 of this 32 Act; 33 (c) Practice nursing under cover of any diploma, -8- LRB9001264LDdvA 1 license, or record illegally or fraudulently obtained or 2 signed or issued unlawfully or under fraudulent 3 representation; 4 (d) Practice nursing during the time her or his license 5 is suspended, revoked, expired or on inactive status; 6 (e) Use any words, abbreviations, figures, letters, 7 title, sign, card, or device tending to imply that she or he 8 is a registered professional nurse, including the titles or 9 initials, "Registered Nurse," "Professional Nurse," 10 "Registered Professional Nurse," "Certified Nurse," "Trained 11 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or 12 similar titles or initials with intention of indicating 13 practice without a valid license as a registered professional 14 nurse; 15 (f) Use any words, abbreviations figures, letters, 16 title, sign, card, or device tending to imply that she or he 17 is a licensed practical nurse including the titles or 18 initials "Practical Nurse," "Licensed Practical Nurse," 19 "P.N.," or "L.P.N.," or similar titles or initials with 20 intention of indicated practice as a licensed practical nurse 21 without a valid license as a licensed practical nurse under 22 this Act; 23 (g) Obtain or furnish a license by or for money or any 24 other thing of value other than the fees required by Section 25 23, or by any fraudulent representation or act; 26 (h) Make any wilfully false oath or affirmation required 27 by this Act; 28 (i) Conduct a nursing education program preparing 29 persons for licensure that has not been approved by the 30 Department; 31 (j) Represent that any school or course is approved or 32 accredited as a school or course for the education of 33 registered professional nurses or licensed practical nurses 34 unless such school or course is approved by the Department -9- LRB9001264LDdvA 1 under the provisions of this Act; 2 (k) Attempt or offer to do any of the acts enumerated in 3 this Section, or knowingly aid, abet, assist in the doing of 4 any such acts or in the attempt or offer to do any of such 5 acts; 6 (l) Seek employment as a registered professional nurse 7 under the terms of paragraphs (i) and (j) of Section 4 of 8 this Act without possessing a written authorization which has 9 been issued by the Department or designated testing service 10 and which evidences the filing of the written application 11 referred to in paragraph (i) and (j) of Section 4 of this 12 Act; 13 (m) Seek employment as a licensed practical nurse under 14 the terms of paragraphs (g) and (h) of Section 4 of this Act 15 without possessing a written authorization which has been 16 issued by the Department or designated testing service and 17 which evidences the filing of the written application 18 referred to in paragraph (g) and (h) of Section 4 of this 19 Act; 20 (n) Employ or utilize persons not licensed under this 21 Act to practice professional nursing or practical nursing; 22and23 (o) Otherwise intentionally violate any provision of 24 this Act; and.25 (p) Use any words, abbreviations, figures, letters, 26 title, sign, card, or device tending to imply that he or she 27 is an advanced practice nurse, including the titles or 28 initials, "Advanced Practice Registered Nurse", "Certified 29 Nurse Midwife", "Certified Nurse Practitioner", "Certified 30 Registered Nurse Anesthetist", "Clinical Nurse Specialist", 31 "A.P.R.N.", "C.N.M.", "C.N.P.", "C.R.N.A.", "C.N.S.", or 32 similar titles or initials with intention of indicating 33 practice without meeting the requirements herein as an 34 advanced practice registered nurse. -10- LRB9001264LDdvA 1 Any person, including a firm, association or corporation 2 who violates any provision of this Section shall be guilty of 3 a Class A misdemeanor. 4 (Source: P.A. 85-981.) 5 (225 ILCS 65/7) (from Ch. 111, par. 3507) 6 Sec. 7. (a) The Director shall appoint the Committee 7 which shall be composed of 119registered professional 8 nurses, 2 licensed practical nurses and one public member who 9 shall be a non-voting member and who is not a licensed health 10 care provider. Three registered nurses shall hold at least a 11 master's degree in nursing and be educators in professional 12 nursing programs, one representing baccalaureate nursing 13 education, one representing associate degree nursing 14 education, and one representing diploma education; one 15 registered nurse shall hold at least a bachelor's degree with 16 a major in nursing and be an educator in a licensed practical 17 nursing program; one registered nurse shall hold a master's 18 degree in nursing and shall represent nursing service 19 administration; 2 registered nurses shall represent clinical 20 nursing practice, one of whom shall have at least a master's 21 degree in nursing; and 42registered nurses shall represent 22 advanced practice nursing, with one nurse representing 23 clinical nurse specialists, one nurse representing certified 24 nurse midwives, one nurse representing certified nurse 25 practitioners, and one nurse representing certified 26 registered nurse anesthetistsadvanced specialty practice. 27 Each of the 11 nurses shall have had a minimum of 5 years 28 experience in nursing, three of which shall be in the area 29 they represent on the committee and be actively engaged in 30 the area of nursing they represent at the time of appointment 31 and during their tenure on the Committee. Members shall be 32 appointed for a term of 3 years. No member shall be eligible 33 for appointment to more than 2 consecutive terms and any -11- LRB9001264LDdvA 1 appointment to fill a vacancy shall be for the unexpired 2 portion of the term. In making Committee appointments, the 3 Director shall give consideration to recommendations 4 submitted by nursing organizations. Consideration shall be 5 given to equal geographic representation. The Committee 6 shall receive actual and necessary expenses incurred in the 7 performance of their duties. 8 In making the initial appointments, the Director shall 9 appoint all new members for terms of 2, 3 and 4 years and 10 such terms shall be staggered as follows: 3 shall be 11 appointed for terms of 2 years; 3 shall be appointed for 12 terms of 3 years, and 3 shall be appointed for terms of 4 13 years. However, such appointment shall be made in a manner 14 so that each member appointed prior to January 1, 1987, whose 15 current appointed term has not expired, will be allowed to 16 serve out the remainder of his or her term. 17 The Director may remove any member of the committee for 18 misconduct, incapacity or neglect of duty. The Director 19 shall reduce to writing any causes for removal. 20 The Committee shall meet annually to elect a chairperson 21 and vice chairperson. The Committee may hold such other 22 meetings during the year as may be necessary to conduct its 23 business. Six voting members of the Committee shall 24 constitute a quorum at any meeting. Any action taken by the 25 Committee must be on the affirmative vote of 6 members. 26 Voting by proxy shall not be permitted. 27 The Committee shall submit an annual report to the 28 Director. 29 The members of the Committee shall be immune from suit in 30 any action based upon any disciplinary proceedings or other 31 acts performed in good faith as members of the Committee. 32 (b) The Committee is authorized to: 33 (1) recommend the adoption and, from time to time, 34 the revision of such rules and regulations which may be -12- LRB9001264LDdvA 1 necessary to carry out the provisions of this Act; 2 (2) conduct hearings and disciplinary conferences 3 upon charges calling for discipline of a licensee as 4 provided in Section 25; 5 (3) report to the Department, upon completion of a 6 hearing, the disciplinary actions recommended to be taken 7 against persons violating this Act; 8 (4) recommend the approval, denial of approval, 9 withdrawal of approval, or discipline of nursing 10 education programs; 11 (5) participate in a national organization of state 12 boards of nursing; and 13 (6) recommend a list of the registered nurses to 14 serve as nursing coordinator and assistant nursing 15 coordinator respectively. 16 (Source: P.A. 87-268.) 17 (225 ILCS 65/12) (from Ch. 111, par. 3512) 18 Sec. 12. The Department shall issue a license to a 19 person qualified for licensure as a registered professional 20 nurse if that person: 21 (a) has applied in writing in form and substance 22 acceptable to the Department and has not violated the 23 provisions of Section 25 of this Act. The Department may 24 take into consideration any felony conviction of the 25 applicant, but such a conviction shall not operate as an 26 absolute bar to licensure; 27 (b) has completed an approved professional nursing 28 education program of not less than 2 academic years and 29 has graduated from the program; 30 (c) has satisfactorily completed an examination 31 authorized by the Department; and 32 (d) has paid the required fees. 33 An applicant who received her or his nursing education in -13- LRB9001264LDdvA 1 a country other than the United States or its territories 2 shall be required to submit to the Department certification 3 of successful completion of the Commission of Graduates of 4 Foreign Nursing Schools (CGFNS) Examination. An applicant 5 who is unable to provide appropriate documentation to satisfy 6 CGFNS of her or his educational qualifications for the CGFNS 7 examination shall be required to pass an examination to test 8 competency in the English language which shall be prescribed 9 by the Department, if determined by the Committee to be 10 educationally prepared in nursing. 11 An applicant licensed in another State or territory who 12 is applying for licensure and has received his or her 13 education in a country other than the United States or its 14 territories shall be exempt from completion of the Commission 15 of Graduates of Foreign Nursing Schools (CGFNS) Examination 16 if the applicant meets all of the following requirements: 17 (1) successful passage of the examination 18 authorized by the Department; 19 (2) holds an active, unencumbered license in 20 another state; and 21 (3) has been actively practicing for a minimum of 2 22 years in the other state. 23 The Committee shall make appropriate inquiry into the 24 reasons for any adverse determination by CGFNS before making 25 its own decision. 26 The Department shall keep a separate accounting of 27 advance practice registered nurses and their license shall 28 indicate "RN/APRN". 29 (Source: P.A. 88-218.)