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92_HB0205ham001
LRB9202604LDpram01
1 AMENDMENT TO HOUSE BILL 205
2 AMENDMENT NO. . Amend House Bill 205 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Nursing and Advanced Practice Nursing
5 Act is amended by changing Section 10-30 as follows:
6 (225 ILCS 65/10-30)
7 Sec. 10-30. Qualifications for licensure.
8 (a) Each applicant who successfully meets the
9 requirements of this Section shall be entitled to licensure
10 as a Registered Nurse or Licensed Practical Nurse, whichever
11 is applicable.
12 (b) An applicant for licensure by examination to
13 practice as a registered nurse or licensed practical nurse
14 shall:
15 (1) submit a completed written application, on
16 forms provided by the Department and fees as established
17 by the Department;
18 (2) for registered nurse licensure, have completed
19 an approved professional nursing education program of not
20 less than 2 academic years and have graduated from the
21 program; for licensed practical nurse licensure, have
22 completed an approved practical nursing education program
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1 of not less than one academic year and have graduated
2 from the program;
3 (3) have not violated the provisions of Section
4 10-45 of this Act. The Department may take into
5 consideration any felony conviction of the applicant, but
6 such a conviction shall not operate as an absolute bar to
7 licensure;
8 (4) meet all other requirements as established by
9 rule;
10 (5) pay, either to the Department or its designated
11 testing service, a fee covering the cost of providing the
12 examination. Failure to appear for the examination on the
13 scheduled date at the time and place specified after the
14 applicant's application for examination has been received
15 and acknowledged by the Department or the designated
16 testing service shall result in the forfeiture of the
17 examination fee.
18 If an applicant neglects, fails, or refuses to take an
19 examination or fails to pass an examination for a license
20 under this Act within 3 years after filing the application,
21 the application shall be denied. However, the applicant may
22 make a new application accompanied by the required fee and
23 provide evidence of meeting the requirements in force at the
24 time of the new application.
25 An applicant who has never been licensed previously in
26 any jurisdiction that utilizes a Department-approved
27 examination and who has taken and failed to pass the
28 examination within 3 years after filing the application must
29 submit proof of successful completion of a
30 Department-authorized nursing education program or
31 recompletion of an approved registered nursing program or
32 licensed practical nursing program, as appropriate, prior to
33 re-application.
34 An applicant shall have one year from the date of
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1 notification of successful completion of the examination to
2 apply to the Department for a license. If an applicant fails
3 to apply within one year, the applicant shall be required to
4 again take and pass the examination unless licensed in
5 another jurisdiction of the United States within one year of
6 passing the examination.
7 (c) An applicant for licensure who is a registered
8 professional nurse or a licensed practical nurse licensed by
9 examination under the laws of another state or territory of
10 the United States shall:
11 (1) submit a completed written application, on
12 forms supplied by the Department, and fees as established
13 by the Department;
14 (2) for registered nurse licensure, have completed
15 an approved professional nursing education program of not
16 less than 2 academic years and have graduated from the
17 program; for licensed practical nurse licensure, have
18 completed an approved practical nursing education program
19 of not less than one academic year and have graduated
20 from the program;
21 (3) submit verification of licensure status
22 directly from the United States jurisdiction of
23 licensure;
24 (4) have passed the examination authorized by the
25 Department;
26 (5) meet all other requirements as established by
27 rule.
28 (d) All applicants for licensure pursuant to this
29 Section who are graduates of nursing educational programs in
30 a country other than the United States or its territories
31 must submit to the Department certification of successful
32 completion of the Commission of Graduates of Foreign Nursing
33 Schools (CGFNS) examination. An applicant, who is unable to
34 provide appropriate documentation to satisfy CGFNS of her or
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1 his educational qualifications for the CGFNS examination,
2 shall be required to pass an examination to test competency
3 in the English language which shall be prescribed by the
4 Department, if the applicant is determined by the Board to be
5 educationally prepared in nursing. The Board shall make
6 appropriate inquiry into the reasons for any adverse
7 determination by CGFNS before making its own decision.
8 An applicant licensed in another state or territory who
9 is applying for licensure and has received her or his
10 education in a country other than the United States or its
11 territories shall be exempt from the completion of the
12 Commission of Graduates of Foreign Nursing Schools (CGFNS)
13 examination if the applicant meets all of the following
14 requirements:
15 (1) successful passage of the licensure examination
16 authorized by the Department;
17 (2) holds an active, unencumbered license in
18 another state; and
19 (3) has been actively practicing for a minimum of 2
20 years in another state.
21 (e) (Blank). No applicant shall be issued a license as
22 a registered nurse or practical nurse under this Section
23 unless he or she has passed the examination authorized by the
24 Department within 3 years of completion and graduation from
25 an approved nursing education program, unless such applicant
26 submits proof of successful completion of a
27 Department-authorized remedial nursing education program or
28 recompletion of an approved registered nursing program or
29 licensed practical nursing program, as appropriate.
30 (f) Pending the issuance of a license under subsection
31 (b) of this Section, the Department may grant an applicant a
32 temporary license to practice nursing as a registered nurse
33 or as a licensed practical nurse if the Department is
34 satisfied that the applicant holds an active, unencumbered
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1 license in good standing in another jurisdiction. If the
2 applicant holds more than one current active license, or one
3 or more active temporary licenses from other jurisdictions,
4 the Department shall not issue a temporary license until it
5 is satisfied that each current active license held by the
6 applicant is unencumbered. The temporary license, which
7 shall be issued no later than 14 working days following
8 receipt by the Department of an application for the temporary
9 license, shall be granted upon the submission of the
10 following to the Department:
11 (1) a signed and completed application for
12 licensure under subsection (a) of this Section as a
13 registered nurse or a licensed practical nurse;
14 (2) proof of a current, active license in at least
15 one other jurisdiction and proof that each current active
16 license or temporary license held by the applicant is
17 unencumbered;
18 (3) a signed and completed application for a
19 temporary license; and
20 (4) the required permit fee.
21 (g) The Department may refuse to issue an applicant a
22 temporary license authorized pursuant to this Section if,
23 within 14 working days following its receipt of an
24 application for a temporary license, the Department
25 determines that:
26 (1) the applicant has been convicted of a crime
27 under the laws of a jurisdiction of the United States:
28 (i) which is a felony; or (ii) which is a misdemeanor
29 directly related to the practice of the profession,
30 within the last 5 years;
31 (2) within the last 5 years the applicant has had a
32 license or permit related to the practice of nursing
33 revoked, suspended, or placed on probation by another
34 jurisdiction, if at least one of the grounds for
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1 revoking, suspending, or placing on probation is the same
2 or substantially equivalent to grounds in Illinois; or
3 (3) it intends to deny licensure by endorsement.
4 For purposes of this Section, an "unencumbered license"
5 means a license against which no disciplinary action has been
6 taken or is pending and for which all fees and charges are
7 paid and current.
8 (h) The Department may revoke a temporary license issued
9 pursuant to this Section if:
10 (1) it determines that the applicant has been
11 convicted of a crime under the law of any jurisdiction of
12 the United States that is (i) a felony or (ii) a
13 misdemeanor directly related to the practice of the
14 profession, within the last 5 years;
15 (2) it determines that within the last 5 years the
16 applicant has had a license or permit related to the
17 practice of nursing revoked, suspended, or placed on
18 probation by another jurisdiction, if at least one of the
19 grounds for revoking, suspending, or placing on probation
20 is the same or substantially equivalent to grounds in
21 Illinois; or
22 (3) it determines that it intends to deny licensure
23 by endorsement.
24 A temporary license or renewed temporary license shall
25 expire (i) upon issuance of an Illinois license or (ii) upon
26 notification that the Department intends to deny licensure by
27 endorsement. A temporary license shall expire 6 months from
28 the date of issuance. Further renewal may be granted by the
29 Department in hardship cases, as defined by rule. However, a
30 temporary license shall automatically expire upon issuance of
31 the Illinois license or upon notification that the Department
32 intends to deny licensure, whichever occurs first. No
33 extensions shall be granted beyond the 6-month period unless
34 approved by the Director. Notification by the Department
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1 under this Section shall be by certified or registered mail.
2 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".