State of Illinois
90th General Assembly
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90_SB0609

      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.
                                                     LRB9001270LDdv
                                               LRB9001270LDdv
 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";
                            -2-                LRB9001270LDdv
 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,
                            -3-                LRB9001270LDdv
 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
                            -4-                LRB9001270LDdv
 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
                            -5-                LRB9001270LDdv
 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;
                            -6-                LRB9001270LDdv
 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
                            -7-                LRB9001270LDdv
 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.)

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