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Public Act 103-0686 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Nurse Practice Act is amended by changing | ||||
Sections 50-10, 55-10, 60-10, and 65-10 as follows: | ||||
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10) | ||||
(Section scheduled to be repealed on January 1, 2028) | ||||
Sec. 50-10. Definitions. Each of the following terms, when | ||||
used in this Act, shall have the meaning ascribed to it in this | ||||
Section, except where the context clearly indicates otherwise: | ||||
"Academic year" means the customary annual schedule of | ||||
courses at a college, university, or approved school, | ||||
customarily regarded as the school year as distinguished from | ||||
the calendar year. | ||||
"Address of record" means the designated address recorded | ||||
by the Department in the applicant's or licensee's application | ||||
file or license file as maintained by the Department's | ||||
licensure maintenance unit. | ||||
"Advanced practice registered nurse" or "APRN" means a | ||||
person who has met the qualifications for a (i) certified | ||||
nurse midwife (CNM); (ii) certified nurse practitioner (CNP); | ||||
(iii) certified registered nurse anesthetist (CRNA); or (iv) | ||||
clinical nurse specialist (CNS) and has been licensed by the |
Department. All advanced practice registered nurses licensed | ||
and practicing in the State of Illinois shall use the title | ||
APRN and may use specialty credentials CNM, CNP, CRNA, or CNS | ||
after their name. All advanced practice registered nurses may | ||
only practice in accordance with national certification and | ||
this Act. | ||
"Advisory Board" means the Illinois Nursing Workforce | ||
Center Advisory Board. | ||
"Approved program of professional nursing education" and | ||
"approved program of practical nursing education" are programs | ||
of professional or practical nursing, respectively, approved | ||
by the Department under the provisions of this Act. | ||
"Board" means the Board of Nursing appointed by the | ||
Secretary. | ||
"Center" means the Illinois Nursing Workforce Center. | ||
"Collaboration" means a process involving 2 or more health | ||
care professionals working together, each contributing one's | ||
respective area of expertise to provide more comprehensive | ||
patient care. | ||
"Competence" means an expected and measurable level of | ||
performance that integrates knowledge, skills, abilities, and | ||
judgment based on established scientific knowledge and | ||
expectations for nursing practice. | ||
"Comprehensive nursing assessment" means the gathering of | ||
information about the patient's physiological, psychological, | ||
sociological, and spiritual status on an ongoing basis by a |
registered professional nurse and is the first step in | ||
implementing and guiding the nursing plan of care. | ||
"Consultation" means the process whereby an advanced | ||
practice registered nurse seeks the advice or opinion of | ||
another health care professional. | ||
"Credentialed" means the process of assessing and | ||
validating the qualifications of a health care professional. | ||
"Dentist" means a person licensed to practice dentistry | ||
under the Illinois Dental Practice Act. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file, as maintained | ||
by the Department's licensure maintenance unit. | ||
"Focused nursing assessment" means an appraisal of an | ||
individual's status and current situation, contributing to the | ||
comprehensive nursing assessment performed by the registered | ||
professional nurse or advanced practice registered nurse or | ||
the assessment by the physician assistant, physician, dentist, | ||
podiatric physician, or other licensed health care | ||
professional, as determined by the Department, supporting | ||
ongoing data collection, and deciding who needs to be informed | ||
of the information and when to inform. | ||
"Full practice authority" means the authority of an | ||
advanced practice registered nurse licensed in Illinois and |
certified as a nurse practitioner, clinical nurse specialist, | ||
or nurse midwife to practice without a written collaborative | ||
agreement and: | ||
(1) to be fully accountable to patients for the | ||
quality of advanced nursing care rendered; | ||
(2) to be fully accountable for recognizing limits of | ||
knowledge and experience and for planning for the | ||
management of situations beyond the advanced practice | ||
registered nurse's expertise; the full practice authority | ||
for advanced practice registered nurses includes accepting | ||
referrals from, consulting with, collaborating with, or | ||
referring to other health care professionals as warranted | ||
by the needs of the patient; and | ||
(3) to possess the authority to prescribe medications, | ||
including Schedule II through V controlled substances, as | ||
provided in Section 65-43. | ||
"Full practice authority-pending advanced practice | ||
registered nurse" means an advanced practice registered nurse | ||
licensed in Illinois and certified as a nurse practitioner, | ||
clinical nurse specialist, or nurse midwife who has provided a | ||
notarized attestation of completion of at least 250 hours of | ||
continuing education or training in the advanced practice | ||
registered nurse's area of certification and at least 4,000 | ||
hours of clinical experience after first attaining national | ||
certification and who has submitted an application to the | ||
Department to be granted full practice authority. |
"Hospital affiliate" means a corporation, partnership, | ||
joint venture, limited liability company, or similar | ||
organization, other than a hospital, that is devoted primarily | ||
to the provision, management, or support of health care | ||
services and that directly or indirectly controls, is | ||
controlled by, or is under common control of the hospital. For | ||
the purposes of this definition, "control" means having at | ||
least an equal or a majority ownership or membership interest. | ||
A hospital affiliate shall be 100% owned or controlled by any | ||
combination of hospitals, their parent corporations, or | ||
physicians licensed to practice medicine in all its branches | ||
in Illinois. "Hospital affiliate" does not include a health | ||
maintenance organization regulated under the Health | ||
Maintenance Organization Act. | ||
"Impaired nurse" means a nurse licensed under this Act who | ||
is unable to practice with reasonable skill and safety because | ||
of a physical or mental disability as evidenced by a written | ||
determination or written consent based on clinical evidence, | ||
including loss of motor skills, abuse of drugs or alcohol, or a | ||
psychiatric disorder, of sufficient degree to diminish his or | ||
her ability to deliver competent patient care. | ||
"License-pending advanced practice registered nurse" means | ||
a registered professional nurse who has completed all | ||
requirements for licensure as an advanced practice registered | ||
nurse except the certification examination and has applied to | ||
take the next available certification exam and received a |
temporary permit from the Department. | ||
"License-pending registered nurse" means a person who has | ||
passed the Department-approved registered nurse licensure exam | ||
and has applied for a license from the Department. A | ||
license-pending registered nurse shall use the title "RN lic | ||
pend" on all documentation related to nursing practice. | ||
"Nursing intervention" means any treatment based on | ||
clinical nursing judgment or knowledge that a nurse performs. | ||
An individual or entity shall not mandate that a registered | ||
professional nurse delegate nursing interventions if the | ||
registered professional nurse determines it is inappropriate | ||
to do so. A nurse shall not be subject to disciplinary or any | ||
other adverse action for refusing to delegate a nursing | ||
intervention based on patient safety. | ||
"Physician" means a person licensed to practice medicine | ||
in all its branches under the Medical Practice Act of 1987. | ||
"Podiatric physician" means a person licensed to practice | ||
podiatry under the Podiatric Medical Practice Act of 1987. | ||
"Practical nurse" or "licensed practical nurse" means a | ||
person who is licensed as a practical nurse under this Act and | ||
practices practical nursing as defined in this Act. Only a | ||
practical nurse licensed under this Act is entitled to use the | ||
title "licensed practical nurse" and the abbreviation | ||
"L.P.N.". | ||
"Practical nursing" means the performance of nursing | ||
interventions requiring the nursing knowledge, judgment, and |
skill acquired by means of completion of an approved practical | ||
nursing education program. Practical nursing includes | ||
assisting in the nursing process under the guidance of a | ||
registered professional nurse or an advanced practice | ||
registered nurse. The practical nurse may work under the | ||
direction of a licensed physician, dentist, podiatric | ||
physician, or other health care professional determined by the | ||
Department. | ||
"Privileged" means the authorization granted by the | ||
governing body of a healthcare facility, agency, or | ||
organization to provide specific patient care services within | ||
well-defined limits, based on qualifications reviewed in the | ||
credentialing process. | ||
"Registered Nurse" or "Registered Professional Nurse" | ||
means a person who is licensed as a professional nurse under | ||
this Act and practices nursing as defined in this Act. Only a | ||
registered nurse licensed under this Act is entitled to use | ||
the titles "registered nurse" and "registered professional | ||
nurse" and the abbreviation, "R.N.". | ||
"Registered professional nursing practice" means a | ||
scientific process founded on a professional body of knowledge | ||
that includes, but is not limited to, the protection, | ||
promotion, and optimization of health and abilities, | ||
prevention of illness and injury, development and | ||
implementation of the nursing plan of care, facilitation of | ||
nursing interventions to alleviate suffering, care |
coordination, and advocacy in the care of individuals, | ||
families, groups, communities, and populations. "Registered | ||
professional nursing practice" does not include the act of | ||
medical diagnosis or prescription of medical therapeutic or | ||
corrective measures. | ||
"Professional assistance program for nurses" means a | ||
professional assistance program that meets criteria | ||
established by the Board of Nursing and approved by the | ||
Secretary, which provides a non-disciplinary treatment | ||
approach for nurses licensed under this Act whose ability to | ||
practice is compromised by alcohol or chemical substance | ||
addiction. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Unencumbered license" means a license issued in good | ||
standing. | ||
"Written collaborative agreement" means a written | ||
agreement between an advanced practice registered nurse and a | ||
collaborating physician, dentist, or podiatric physician | ||
pursuant to Section 65-35. | ||
(Source: P.A. 103-154, eff. 6-30-23.) | ||
(225 ILCS 65/55-10) (was 225 ILCS 65/10-30) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 55-10. LPN licensure by examination. | ||
(a) Each applicant who successfully meets the requirements |
of this Section is eligible for licensure as a licensed | ||
practical nurse. | ||
(b) An applicant for licensure by examination to practice | ||
as a practical nurse is eligible for licensure when the | ||
following requirements are met: | ||
(1) the applicant has submitted a completed written | ||
application on forms provided by the Department and fees | ||
as established by the Department; | ||
(2) the applicant has graduated from a practical | ||
nursing education program approved by the Department or | ||
has been granted a certificate of completion of | ||
pre-licensure requirements from another United States | ||
jurisdiction; | ||
(3) the applicant has successfully completed a | ||
licensure examination approved by the Department; | ||
(4) (blank); | ||
(5) the applicant has submitted to the criminal | ||
history records check required under Section 50-35 of this | ||
Act; | ||
(6) the applicant has submitted either to the | ||
Department or its designated testing service, a fee | ||
covering the cost of providing the examination. Failure to | ||
appear for the examination on the scheduled date at the | ||
time and place specified after the applicant's application | ||
for examination has been received and acknowledged by the | ||
Department or the designated testing service shall result |
in the forfeiture of the examination fee; and | ||
(7) the applicant has met all other requirements | ||
established by rule. | ||
(b-5) If an applicant for licensure by examination | ||
neglects, fails, or refuses to take an examination or fails to | ||
pass an examination for a license under this Act within 3 years | ||
of the date of initial application, the application shall be | ||
denied. When an applicant's application is denied due to the | ||
failure to pass the examination within the 3-year period, that | ||
applicant must undertake an additional course of education as | ||
defined by rule prior to submitting a new application for | ||
licensure. Any new application must be accompanied by the | ||
required fee, evidence of meeting the requirements in force at | ||
the time of the new application, and evidence of completion of | ||
the additional course of education prescribed by rule. | ||
An applicant may take and successfully complete a | ||
Department-approved examination in another jurisdiction. | ||
However, an applicant who has never been licensed previously | ||
in any jurisdiction that utilizes a Department-approved | ||
examination and who has taken and failed to pass the | ||
examination within 3 years after filing the application must | ||
submit proof of successful completion of a | ||
Department-authorized nursing education program or | ||
recompletion of an approved licensed practical nursing program | ||
prior to re-application. | ||
(c) An applicant for licensure by examination shall have |
one year from the date of notification of successful | ||
completion of the examination to apply to the Department for a | ||
license. If an applicant fails to apply within one year, the | ||
applicant shall be required to retake and pass the examination | ||
unless licensed in another jurisdiction of the United States. | ||
(d) A licensed practical nurse applicant who passes the | ||
Department-approved licensure examination and has applied to | ||
the Department for licensure may obtain employment as a | ||
license-pending practical nurse and practice as delegated by a | ||
registered professional nurse or an advanced practice | ||
registered nurse or physician. An individual may be employed | ||
as a license-pending practical nurse if all of the following | ||
criteria are met: | ||
(1) He or she has completed and passed the | ||
Department-approved licensure exam and presents to the | ||
employer the official written notification indicating | ||
successful passage of the licensure examination. | ||
(2) He or she has completed and submitted to the | ||
Department an application for licensure under this Section | ||
as a practical nurse. | ||
(3) He or she has submitted the required licensure | ||
fee. | ||
(4) He or she has met all other requirements | ||
established by rule, including having submitted to a | ||
criminal history records check. | ||
(e) The privilege to practice as a license-pending |
practical nurse shall terminate with the occurrence of any of | ||
the following: | ||
(1) Six Three months have passed since the official | ||
date of passing the licensure exam as inscribed on the | ||
formal written notification indicating passage of the | ||
exam. This 6-month 3-month period may be extended as | ||
determined by rule. | ||
(2) Receipt of the practical nurse license from the | ||
Department. | ||
(3) Notification from the Department that the | ||
application for licensure has been denied. | ||
(4) A request by the Department that the individual | ||
terminate practicing as a license-pending practical nurse | ||
until an official decision is made by the Department to | ||
grant or deny a practical nurse license. | ||
(f) (Blank). | ||
(g) All applicants for practical nurse licensure by | ||
examination who are graduates of nursing educational programs | ||
in a country other than the United States or its territories | ||
shall have their nursing education credentials evaluated by a | ||
Department-approved nursing credentialing evaluation service. | ||
No such applicant may be issued a license under this Act unless | ||
the applicant's program is deemed by the nursing credentialing | ||
evaluation service to be equivalent to a professional nursing | ||
education program approved by the Department. An applicant who | ||
has graduated from a nursing educational program outside of |
the United States or its territories and whose first language | ||
is not English shall submit evidence of English proficiency, | ||
as defined by rule. | ||
(h) (Blank). | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) (Blank). | ||
(l) (Blank). | ||
(m) All applicants for practical nurse licensure have 3 | ||
years from the date of application to complete the application | ||
process. If the process has not been completed within 3 years | ||
from the date of application, the application shall be denied, | ||
the fee forfeited, and the applicant must reapply and meet the | ||
requirements in effect at the time of reapplication. | ||
(Source: P.A. 100-513, eff. 1-1-18 .) | ||
(225 ILCS 65/60-10) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 60-10. RN licensure by examination. | ||
(a) Each applicant who successfully meets the requirements | ||
of this Section is eligible for licensure as a registered | ||
professional nurse. | ||
(b) An applicant for licensure by examination to practice | ||
as a registered professional nurse is eligible for licensure | ||
when the following requirements are met: | ||
(1) the applicant has submitted a completed written |
application, on forms provided by the Department, and | ||
fees, as established by the Department; | ||
(2) the applicant has graduated from a professional | ||
nursing education program approved by the Department or | ||
has been granted a certificate of completion of | ||
pre-licensure requirements from another United States | ||
jurisdiction; | ||
(3) the applicant has successfully completed a | ||
licensure examination approved by the Department; | ||
(4) (blank); | ||
(5) the applicant has submitted to the criminal | ||
history records check required under Section 50-35 of this | ||
Act; | ||
(6) the applicant has submitted, either to the | ||
Department or its designated testing service, a fee | ||
covering the cost of providing the examination; failure to | ||
appear for the examination on the scheduled date at the | ||
time and place specified after the applicant's application | ||
for examination has been received and acknowledged by the | ||
Department or the designated testing service shall result | ||
in the forfeiture of the examination fee; and | ||
(7) the applicant has met all other requirements | ||
established by the Department by rule. | ||
An applicant for licensure by examination may take the | ||
Department-approved examination in another jurisdiction. | ||
(b-3) An applicant who graduates from a professional |
nursing program in this State on or after the effective date of | ||
this amendatory Act of the 103rd General Assembly and does not | ||
take the licensure examination within 180 days after his or | ||
her degree is conferred by the institution of higher education | ||
or fails the licensure examination for a second time shall be | ||
required to demonstrate proof of completion of a National | ||
Council Licensure Examination preparatory class or a | ||
comparable test preparatory program before taking a subsequent | ||
licensure examination or the graduate may return to the | ||
institution of higher education from which he or she graduated | ||
which shall provide remedial educational resources to the | ||
graduate at no cost to the graduate. Such an applicant must | ||
contact the institution of higher education from which he or | ||
she graduated prior to retesting. | ||
(b-4) All professional nursing programs in probationary | ||
status on the effective date of this amendatory Act of the | ||
103rd General Assembly and subject to a program revision plan | ||
shall be deemed in good standing for a period of 3 years | ||
beginning on the effective date of this amendatory Act of the | ||
103rd General Assembly. Prior to September 1, 2026, no | ||
professional nursing program shall be placed on probationary | ||
status for failing to reach a passage rate of less than 75%. | ||
(b-5) If an applicant for licensure by examination | ||
neglects, fails, or refuses to take an examination or fails to | ||
pass an examination for a license within 3 years of the date of | ||
initial application, the application shall be denied. When an |
applicant's application is denied due to the failure to pass | ||
the examination within the 3-year period, that applicant must | ||
undertake an additional course of education as defined by rule | ||
prior to submitting a new application for licensure. Any new | ||
application must be accompanied by the required fee, evidence | ||
of meeting the requirements in force at the time of the new | ||
application, and evidence of completion of the additional | ||
course of education prescribed by rule. | ||
(c) An applicant for licensure by examination shall have | ||
one year after the date of notification of the successful | ||
completion of the examination to apply to the Department for a | ||
license. If an applicant fails to apply within one year, the | ||
applicant shall be required to retake and pass the examination | ||
unless licensed in another jurisdiction of the United States. | ||
(d) An applicant for licensure by examination who passes | ||
the Department-approved licensure examination for professional | ||
nursing may obtain employment as a license-pending registered | ||
nurse and practice under the direction of a registered | ||
professional nurse or an advanced practice registered nurse | ||
until such time as he or she receives his or her license to | ||
practice or until the license is denied. In no instance shall | ||
any such applicant practice or be employed in any management | ||
capacity. An individual may be employed as a license-pending | ||
registered nurse if all of the following criteria are met: | ||
(1) He or she has completed and passed the | ||
Department-approved licensure exam and presents to the |
employer the official written notification indicating | ||
successful passage of the licensure examination. | ||
(2) He or she has completed and submitted to the | ||
Department an application for licensure under this Section | ||
as a registered professional nurse. | ||
(3) He or she has submitted the required licensure | ||
fee. | ||
(4) He or she has met all other requirements | ||
established by rule, including having submitted to a | ||
criminal history records check. | ||
(e) The privilege to practice as a license-pending | ||
registered nurse shall terminate with the occurrence of any of | ||
the following: | ||
(1) Six Three months have passed since the official | ||
date of passing the licensure exam as inscribed on the | ||
formal written notification indicating passage of the | ||
exam. The 6-month license-pending 3-month license pending | ||
period may be extended if more time is needed by the | ||
Department to process the licensure application. | ||
(2) Receipt of the registered professional nurse | ||
license from the Department. | ||
(3) Notification from the Department that the | ||
application for licensure has been refused. | ||
(4) A request by the Department that the individual | ||
terminate practicing as a license-pending registered nurse | ||
until an official decision is made by the Department to |
grant or deny a registered professional nurse license. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) (Blank). | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) All applicants for registered professional nurse | ||
licensure have 3 years after the date of application to | ||
complete the application process. If the process has not been | ||
completed within 3 years after the date of application, the | ||
application shall be denied, the fee forfeited, and the | ||
applicant must reapply and meet the requirements in effect at | ||
the time of reapplication. | ||
(l) All applicants for registered nurse licensure by | ||
examination who are graduates of practical nursing educational | ||
programs in a country other than the United States and its | ||
territories shall have their nursing education credentials | ||
evaluated by a Department-approved nursing credentialing | ||
evaluation service. No such applicant may be issued a license | ||
under this Act unless the applicant's program is deemed by the | ||
nursing credentialing evaluation service to be equivalent to a | ||
professional nursing education program approved by the | ||
Department. An applicant who has graduated from a nursing | ||
educational program outside of the United States or its | ||
territories and whose first language is not English shall | ||
submit evidence of English proficiency, as defined by rule. |
(m) (Blank). | ||
(Source: P.A. 103-533, eff. 1-1-24 .) | ||
(225 ILCS 65/65-10) (was 225 ILCS 65/15-13) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 65-10. APRN license-pending license pending status. | ||
(a) A graduate of an advanced practice registered nursing | ||
program may practice in the State of Illinois in the role of | ||
certified clinical nurse specialist, certified nurse midwife, | ||
certified nurse practitioner, or certified registered nurse | ||
anesthetist for not longer than 6 months provided he or she | ||
submits all of the following: | ||
(1) An application for licensure as an advanced | ||
practice registered nurse in Illinois and all fees | ||
established by rule. | ||
(2) Proof of an application to take the national | ||
certification examination in the specialty. | ||
(3) Proof of completion of a graduate advanced | ||
practice education program that allows the applicant to be | ||
eligible for national certification in a clinical advanced | ||
practice registered nursing specialty and that allows the | ||
applicant to be eligible for licensure in Illinois in the | ||
area of his or her specialty. | ||
(4) Proof that he or she is licensed in Illinois as a | ||
registered professional nurse. | ||
(b) License-pending License pending status shall preclude |
delegation of prescriptive authority. | ||
(c) A graduate practicing in accordance with this Section | ||
must use the title " license-pending license pending certified | ||
clinical nurse specialist", " license-pending license pending | ||
certified nurse midwife", " license-pending license pending | ||
certified nurse practitioner", or " license-pending license | ||
pending certified registered nurse anesthetist", whichever is | ||
applicable. | ||
(d) A licensed advanced practice registered nurse | ||
certified as a nurse midwife, clinical nurse specialist, or | ||
nurse practitioner who files with the Department a notarized | ||
attestation of completion of at least 250 hours of continuing | ||
education or training in the advanced practice registered | ||
nurse's area of certification and at least 4,000 hours of | ||
clinical experience after first attaining national | ||
certification and thus having met the requirements to be | ||
granted full practice authority shall be granted the authority | ||
to practice as a full practice authority-pending advanced | ||
practice registered nurse under the supervision of a full | ||
practice advanced practice registered nurse or a physician for | ||
a period of 6 months. | ||
(Source: P.A. 100-513, eff. 1-1-18 .) |