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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
|[ Senate Amendment 002 ]|
92_SB2223enr SB2223 Enrolled LRB9213174ACcd 1 AN ACT concerning the practice of nursing. 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 5 is amended by changing Sections 5-23 and 10-30 and adding 6 Section 15-13 as follows: 7 (225 ILCS 65/5-23) 8 (Section scheduled to be repealed on January 1, 2008) 9 Sec. 5-23. Criminal background check. After the 10 effective date of this amendatory Act of the 91st General 11 Assembly, the Department shall require an applicant for 12 initial licensure under this Act to submit to a criminal 13 background check by the Illinois State Police and the Federal 14 Bureau of Investigation as part of the qualification for 15 licensure. If an applicant's criminal background check 16 indicates criminal conviction, the applicant must further 17 submit to a fingerprint-based criminal background check. The 18 Department shall adopt rules to implement this Section. 19 (Source: P.A. 91-369, eff. 1-1-00.) 20 (225 ILCS 65/10-30) 21 (Section scheduled to be repealed on January 1, 2008) 22 Sec. 10-30. Qualifications for licensure. 23 (a) Each applicant who successfully meets the 24 requirements of this Section shall be entitled to licensure 25 as a Registered Nurse or Licensed Practical Nurse, whichever 26 is applicable. 27 (b) An applicant for licensure by examination to 28 practice as a registered nurse or licensed practical nurse 29 shall: 30 (1) submit a completed written application, on SB2223 Enrolled -2- LRB9213174ACcd 1 forms provided by the Department and fees as established 2 by the Department; 3 (2) for registered nurse licensure, have graduated 4 from a
completed an approvedprofessional nursing 5 education program approved by the Department of not less6 than 2 academic years and have graduated from the7 program; 8 (2.5) for licensed practical nurse licensure, have 9 graduate from a completed an approvedpractical nursing 10 education program approved by the Department of not less11 than one academic year and have graduated from the12 program; 13 (3) have not violated the provisions of Section 14 10-45 of this Act. The Department may take into 15 consideration any felony conviction of the applicant, but 16 such a conviction shall not operate as an absolute bar to 17 licensure; 18 (4) meet all other requirements as established by 19 rule; 20 (5) pay, either to the Department or its designated 21 testing service, a fee covering the cost of providing the 22 examination. Failure to appear for the examination on the 23 scheduled date at the time and place specified after the 24 applicant's application for examination has been received 25 and acknowledged by the Department or the designated 26 testing service shall result in the forfeiture of the 27 examination fee. 28 If an applicant neglects, fails, or refuses to take an 29 examination or fails to pass an examination for a license 30 under this Act within 3 years after filing the application, 31 the application shall be denied. However, the applicant may 32 make a new application accompanied by the required fee and 33 provide evidence of meeting the requirements in force at the 34 time of the new application. SB2223 Enrolled -3- LRB9213174ACcd 1 An applicant may take and successfully complete a 2 Department-approved examination in another jurisdiction. 3 However, an applicant who has never been licensed previously 4 in any jurisdiction that utilizes a Department-approved 5 examination and who has taken and failed to pass the 6 examination within 3 years after filing the application must 7 submit proof of successful completion of a 8 Department-authorized nursing education program or 9 recompletion of an approved registered nursing program or 10 licensed practical nursing program, as appropriate, prior to 11 re-application. 12 An applicant shall have one year from the date of 13 notification of successful completion of the examination to 14 apply to the Department for a license. If an applicant fails 15 to apply within one year, the applicant shall be required to 16 again take and pass the examination unless licensed in 17 another jurisdiction of the United States within one year of 18 passing the examination. 19 (c) An applicant for licensure by endorsement who is a 20 registered professional nurse or a licensed practical nurse 21 licensed by examination under the laws of another state or 22 territory of the United States or a foreign country, 23 jurisdiction, territory, or province shall: 24 (1) submit a completed written application, on 25 forms supplied by the Department, and fees as established 26 by the Department; 27 (2) for registered nurse licensure, have graduated 28 from a completed an approvedprofessional nursing 29 education program approved by the Department of not less30 than 2 academic years and have graduated from the31 program; 32 (2.5) for licensed practical nurse licensure, have 33 graduated from a completed an approvedpractical nursing 34 education program approved by the Department of not lessSB2223 Enrolled -4- LRB9213174ACcd 1 than one academic year and have graduated from the2 program; 3 (3) submit verification of licensure status 4 directly from the United States jurisdiction of 5 licensure, if applicable, as defined by rule; 6 (4) have passed the examination authorized by the 7 Department; 8 (5) meet all other requirements as established by 9 rule. 10 (d) All applicants for registered nurse licensure 11 pursuant to item (2) of subsection (b) and item (2) of 12 subsection (c) of this Section who are graduates of nursing 13 educational programs in a country other than the United 14 States or its territories must submit to the Department 15 certification of successful completion of the Commission of 16 Graduates of Foreign Nursing Schools (CGFNS) examination. An 17 applicant ,who is unable to provide appropriate documentation 18 to satisfy CGFNS of her or his educational qualifications for 19 the CGFNS examination ,shall be required to pass an 20 examination to test competency in the English language, which 21 shall be prescribed by the Department, if the applicant is 22 determined by the Board to be educationally prepared in 23 nursing. The Board shall make appropriate inquiry into the 24 reasons for any adverse determination by CGFNS before making 25 its own decision. 26 An applicant licensed in another state or territory who 27 is applying for licensure and has received her or his 28 education in a country other than the United States or its 29 territories shall be exempt from the completion of the 30 Commission of Graduates of Foreign Nursing Schools (CGFNS) 31 examination if the applicant meets all of the following 32 requirements: 33 (1) successful passage of the licensure examination 34 authorized by the Department; SB2223 Enrolled -5- LRB9213174ACcd 1 (2) holds an active, unencumbered license in 2 another state; and 3 (3) has been actively practicing for a minimum of 2 4 years in another state. 5 (e) (Blank). 6 (f) Pending the issuance of a license under subsection 7 (c) (b)of this Section, the Department may grant an 8 applicant a temporary license to practice nursing as a 9 registered nurse or as a licensed practical nurse if the 10 Department is satisfied that the applicant holds an active, 11 unencumbered license in good standing in another 12 jurisdiction. If the applicant holds more than one current 13 active license, or one or more active temporary licenses from 14 other jurisdictions, the Department shall not issue a 15 temporary license until it is satisfied that each current 16 active license held by the applicant is unencumbered. The 17 temporary license, which shall be issued no later than 14 18 working days following receipt by the Department of an 19 application for the temporary license, shall be granted upon 20 the submission of the following to the Department: 21 (1) a signed and completed application for 22 licensure under subsection (a) of this Section as a 23 registered nurse or a licensed practical nurse; 24 (2) proof of a current, active license in at least 25 one other jurisdiction and proof that each current active 26 license or temporary license held by the applicant within 27 the last 5 years is unencumbered; 28 (3) a signed and completed application for a 29 temporary license; and 30 (4) the required temporary license permitfee. 31 (g) The Department may refuse to issue an applicant a 32 temporary license authorized pursuant to this Section if, 33 within 14 working days following its receipt of an 34 application for a temporary license, the Department SB2223 Enrolled -6- LRB9213174ACcd 1 determines that: 2 (1) the applicant has been convicted of a crime 3 under the laws of a jurisdiction of the United States: 4 (i) which is a felony; or (ii) which is a misdemeanor 5 directly related to the practice of the profession, 6 within the last 5 years; 7 (2) within the last 5 years the applicant has had a 8 license or permit related to the practice of nursing 9 revoked, suspended, or placed on probation by another 10 jurisdiction, if at least one of the grounds for 11 revoking, suspending, or placing on probation is the same 12 or substantially equivalent to grounds in Illinois; or 13 (3) it intends to deny licensure by endorsement. 14 For purposes of this Section, an "unencumbered license" 15 means a license against which no disciplinary action has been 16 taken or is pending and for which all fees and charges are 17 paid and current. 18 (h) The Department may revoke a temporary license issued 19 pursuant to this Section if: 20 (1) it determines that the applicant has been 21 convicted of a crime under the law of any jurisdiction of 22 the United States that is (i) a felony or (ii) a 23 misdemeanor directly related to the practice of the 24 profession, within the last 5 years; 25 (2) it determines that within the last 5 years the 26 applicant has had a license or permit related to the 27 practice of nursing revoked, suspended, or placed on 28 probation by another jurisdiction, if at least one of the 29 grounds for revoking, suspending, or placing on probation 30 is the same or substantially equivalent to grounds in 31 Illinois; or 32 (3) it determines that it intends to deny licensure 33 by endorsement. 34 A temporary license or renewed temporary license shallSB2223 Enrolled -7- LRB9213174ACcd 1 expire (i) upon issuance of an Illinois license or (ii) upon2 notification that the Department intends to deny licensure by3 endorsement.A temporary license shall expire 6 months from 4 the date of issuance. Further renewal may be granted by the 5 Department in hardship cases, as defined by rule and upon 6 approval of the Director. However, a temporary license shall 7 automatically expire upon issuance of the Illinois license or 8 upon notification that the Department intends to deny 9 licensure, whichever occurs first. No extensions shall be10 granted beyond the 6-month period unless approved by the11 Director. Notification by the Department under this Section12 shall be by certified or registered mail.13 (i) Applicants have 3 years from the date of application 14 to complete the application process. If the process has not 15 been completed within 3 years from the date of application, 16 the application shall be denied, the fee forfeited, and the 17 applicant must reapply and meet the requirements in effect at 18 the time of reapplication. 19 (Source: P.A. 92-39, eff. 6-29-01.) 20 (225 ILCS 65/15-13 new) 21 (Section scheduled to be repealed on January 1, 2008) 22 Sec. 15-13. License pending status. 23 (a) A graduate of an advanced practice nursing program 24 may practice in the State of Illinois in the role of 25 certified clinical nurse specialist, certified nurse midwife, 26 certified nurse practitioner, or certified registered nurse 27 anesthetist for not longer than 6 months provided he or she 28 submits all of the following: 29 (1) An application for licensure as an advanced 30 practice nurse in Illinois. 31 (2) Proof of an application to take the national 32 certification examination in the specialty. 33 (3) Proof of completion of a graduate advanced SB2223 Enrolled -8- LRB9213174ACcd 1 practice education program that allows the applicant to 2 be eligible for national certification in a clinical 3 advanced practice nursing speciality and that allows the 4 applicant to be eligible for licensure in Illinois in the 5 area of his or her specialty. 6 (4) Proof that he or she is licensed in Illinois as 7 a registered professional nurse. 8 (5) Proof that he or she has a completed proposed 9 collaborative agreement or practice agreement as required 10 under Section 15-15 or 15-25 of this Act. 11 (6) The license application fee as set by rule. 12 (b) License pending status shall preclude delegation of 13 prescriptive authority. 14 (c) A graduate practicing in accordance with this 15 Section must use the title "license pending certified 16 clinical nurse specialist", "license pending certified nurse 17 midwife", "license pending certified nurse practitioner", or 18 "license pending certified registered nurse anesthetist", 19 whichever is applicable. 20 (225 ILCS 65/10-40 rep.) 21 Section 10. The Nursing and Advanced Practice Nursing Act 22 is amended by repealing Section 10-40. 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.
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