Public Act 094-0352
 		





SB2064 Enrolled
LRB094 11566 RAS 42562 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Nursing and Advanced Practice Nursing Act is 
amended  by changing Section 10-30 as follows:
 



    (225 ILCS 65/10-30)



    (Section scheduled to be repealed on January 1, 2008)

    Sec. 10-30. Qualifications for licensure. 

    (a) Each applicant who successfully meets the requirements 
of this Section
shall be entitled to licensure as a Registered 
Nurse or Licensed Practical
Nurse, whichever is applicable.

    (b) An applicant for licensure by examination to practice 
as a registered
nurse or licensed practical nurse shall:


        (1) submit a completed written application, on forms 
    provided by the
Department and fees as established by the 
    Department;


        (2) for registered nurse licensure, have graduated 
    from a
professional nursing education program approved by 
    the Department;


        (2.5) for licensed practical nurse licensure, have 
    graduated
graduate from a practical nursing education 
    program approved by the
Department;


        (3) have not violated the provisions of Section 10-45 
    of this Act.  The
Department may take into consideration any 
    felony conviction of the applicant,
but such a conviction 
    shall not operate as an absolute bar to licensure;


        (4) meet all other requirements as established by rule;


        (5) pay, 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.

    If an applicant neglects, fails, or refuses to take an 
examination or fails
to pass an examination for a license under 
this Act within 3 years after filing
the application, the 
application shall be denied.  However, the applicant may
make a 
new application accompanied by the required fee and provide

evidence of meeting the requirements in force at the time of 
the new
application.

    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 registered nursing program or 
licensed
practical nursing program, as appropriate, prior to 
re-application.

    An applicant 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
again 
take and pass the examination unless licensed in another 
jurisdiction of
the United States within one year of passing 
the examination.

    (c) An applicant for licensure by endorsement who is a 
registered
professional nurse or a licensed practical nurse 
licensed by examination
under the laws of another state or 
territory of the United States or a
foreign country, 
jurisdiction, territory, or province shall:


        (1) submit a completed written application, on forms 
    supplied by the
Department, and fees as established by the 
    Department;


        (2) for registered nurse licensure, have graduated 
    from a professional
nursing education program approved by 
    the Department;


        (2.5) for licensed practical nurse licensure, have 
    graduated
from a practical nursing education program 
    approved by the Department;


        (3) submit verification of licensure status directly 
    from the United
States jurisdiction of licensure, if 
    applicable, as defined by rule;


        (4) have passed the examination authorized by the 
    Department;


        (5) meet all other requirements as established by rule.

    (d) All applicants for registered nurse licensure pursuant 
to item (2) of
subsection (b) and item (2) of subsection (c) of 
this Section 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 certification of passage of the Test 
of English as a Foreign Language (TOEFL), as defined by rule.  
The Department may, upon recommendation from the nursing 
evaluation service, waive the requirement that the applicant 
pass the TOEFL examination if the applicant submits 
verification of the successful completion of a nursing 
education program conducted in English.
must submit to the 
Department certification of successful
completion of the 
Commission of Graduates of Foreign Nursing Schools (CGFNS)

examination.  An applicant who is unable to provide appropriate 
documentation
to satisfy CGFNS of her or his educational 
qualifications for the CGFNS
examination shall be required to 
pass an examination to test competency in the
English language, 
which shall be prescribed by the Department, if the
applicant 
is determined by the Board to be educationally prepared in

nursing.  The Board shall make appropriate inquiry into the 
reasons for
any adverse determination by CGFNS before making 
its own decision.

    (d-5) An applicant licensed in another state or territory 
who is applying for
licensure and has received her or his 
education in a country other than the
United States or its 
territories shall have her or his 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 certification of passage of the Test of English as a 
Foreign Language (TOEFL), as defined by rule.  The Department 
may, upon recommendation from the nursing evaluation service, 
waive the requirement that the applicant pass the TOEFL 
examination if the applicant submits verification of the 
successful completion of a nursing education program conducted 
in English or the successful passage of an approved licensing 
examination given in English.
be exempt from the completion of 
the
Commission of Graduates of Foreign Nursing Schools (CGFNS) 
examination if the
applicant meets all of the following 
requirements:


        (1) successful passage of the licensure examination 
    authorized by the
Department;


        (2) holds an active, unencumbered license in another 
    state; and


        (3) has been actively practicing for a minimum of 2 
    years in another
state.

    (e) (Blank).

    (f) Pending the issuance of a license under subsection (c) 
of this Section,
the Department may grant an applicant a 
temporary license to practice nursing
as a registered nurse or 
as a licensed practical nurse if the Department is
satisfied 
that the applicant holds an active, unencumbered license in 
good
standing in another jurisdiction.  If the applicant holds 
more than one
current active license, or one or more active 
temporary licenses from other
jurisdictions, the
Department 
shall not issue a temporary license until it is satisfied that

each current active license held by the applicant is 
unencumbered.  The
temporary license, which shall be issued no 
later than 14 working days
following receipt by the Department 
of an application for the temporary
license, shall be granted 
upon the submission of the following to the
Department:


        (1) a signed and completed application for licensure 
    under subsection (a)
of this Section as a registered nurse 
    or a licensed practical nurse;


        (2) proof of a current, active license in at least one 
    other jurisdiction
and proof that each current active 
    license or temporary license held by the
applicant within 
    the last 5 years is unencumbered;


        (3) a signed and completed application for a temporary 
    license; and


        (4) the required temporary license fee.

    (g) The Department may refuse to issue an applicant a 
temporary
license authorized pursuant to this Section if, 
within 14 working days
following its receipt of an application 
for a temporary license, the
Department determines that:


        (1) the applicant has been convicted of a crime under 
    the laws of a
jurisdiction of the United States: (i) which 
    is a felony; or (ii) which is a
misdemeanor directly 
    related to the practice of the profession, within the last

    5 years;


        (2) within the last 5 years the applicant has had a 
    license or permit
related to the practice of nursing 
    revoked, suspended, or placed on probation
by
another 
    jurisdiction, if at least one of the grounds for revoking, 
    suspending,
or placing on probation is the same or 
    substantially equivalent to grounds in
Illinois; or


        (3) it intends to deny licensure by endorsement.

    For purposes of this Section, an "unencumbered license" 
means a
license against which no disciplinary action has been 
taken or is pending and
for which all fees and charges are paid 
and current.

    (h) The Department may revoke a temporary license issued 
pursuant to this
Section if:


        (1) it determines that the applicant has been convicted 
    of a crime under
the law of any jurisdiction of the United 
    States that is (i) a felony or
(ii) a misdemeanor directly 
    related to the practice of the profession,
within the last 
    5 years;


        (2) it determines that within the last 5 years the 
    applicant has had a
license or permit related to the 
    practice of nursing revoked, suspended, or
placed on 
    probation by another jurisdiction, if at least one of the 
    grounds for
revoking, suspending, or placing on probation 
    is the same or substantially
equivalent to grounds in 
    Illinois; or


        (3) it determines that it intends to deny licensure by 
    endorsement.

    A temporary license shall expire 6 months from the date of 
issuance.
Further renewal may be granted by the Department in 
hardship cases, as defined
by rule and upon approval of the 
Director.  However, a temporary license shall
automatically 
expire upon issuance of the Illinois license or upon 
notification
that the Department intends to deny licensure, 
whichever occurs first.

    (i) Applicants 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. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02; 
revised 2-17-03.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.