Public Act 094-1020
 		





SB0931 Enrolled
LRB094 04557 LJB 34586 b






    AN ACT concerning regulation.

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

 
ARTICLE 5. GENERAL PROVISIONS.

 
    Section 5-5. Short title. This Act may be cited as the 
Nurse Educator Assistance Act.
 
    Section 5-10. Purpose. The purpose of this Act is to 
attract capable and promising students to the nursing educator 
profession, increase employment and retention of individuals 
who are working towards or who have received a master's or 
doctoral degree in nursing, and provide opportunities for 
persons making mid-career decisions to enter the nurse educator 
profession.
 
    Section 5-15. Definitions. In this Act:
    "Approved program of professional nursing education" and 
"approved program of practical nursing education" mean 
programs of professional or practical nursing, respectively, 
approved by the Department of Financial and Professional 
Regulation under the provisions of the Nursing and Advanced 
Practice Nursing Act.
    "Commission" means the Illinois Student Assistance 
Commission.
 
    Section 5-20. Rulemaking.  The Commission shall adopt all 
rules necessary for the administration of this Act.
 
ARTICLE 10.  NURSE EDUCATOR LOAN REPAYMENT PROGRAM.

 
    Section 10-5. Nurse Educator Loan Repayment Program. There 
is created, beginning July 1, 2007, the Nurse Educator Loan 
Repayment Program to be administered by the Illinois Student 
Assistance Commission.  The program shall provide assistance, 
subject to appropriation, to eligible nurse educators.
 
    Section 10-10. Award; maximum time period; maximum amount. 
Subject to appropriation, the Commission shall award a grant to 
each qualified applicant for a maximum of 4 years.  The amount 
of this grant shall not exceed $5,000 per year.  The Commission 
shall encourage the recipient of a grant awarded under the 
program to use the grant award for payment of the recipient's 
educational loan.

 
    Section 10-15. Application. All applications for grant 
assistance  under the program shall be made to the Commission in 
a form and manner prescribed by the Commission. Applicants 
shall also submit any supporting documents deemed necessary by 
the Commission at the time of application.

 
    Section 10-20. Eligibility. 
    (a)     The Commission shall, on an annual basis, receive and 
consider applications for grant assistance under the program.  
An applicant is eligible for a grant under the program if the 
Commission finds that the applicant:


        (1)    is a United States citizen or permanent resident;
        (2)    is a resident of Illinois;


        (3)    has worked for at least 12 consecutive months as a 
    nurse educator in an approved program of professional or 
    practical nursing education in Illinois;


        (4)    is a borrower with an outstanding balance due on an 
    educational loan; and


        (5)    has not defaulted on an educational loan.


    (b)    Preference may be given to previous recipients of a 
grant under the program, provided that the recipient continues 
to meet the eligibility requirements set forth in this Section.


    (c)     A recipient of a grant under the program must fulfill a 
separate 12-month period as a nurse educator in an approved 
program of professional or practical nursing education in 
Illinois for each grant that he or she is awarded.


 
ARTICLE 15.  NURSE EDUCATOR SCHOLARSHIP PROGRAM.

 
    Section 15-5. Nurse Educator Scholarship Program. There is 
created, beginning July 1, 2006, the Nurse Educator Scholarship 
Program to be administered by the Illinois Student Assistance 
Commission.  The program shall provide scholarship assistance 
until July 1, 2010, subject to appropriation, to eligible 
students for nursing-related graduate study.

 
    Section 15-10. Scholarship award; maximum time period; 
maximum amount. 
    (a) Subject to appropriation, the Commission shall award a 
nurse educator scholarship to each qualified applicant in an 
amount sufficient to pay the tuition and fees of the Illinois 
institution of higher learning at which the recipient is 
enrolled, up to the current maximum amount of tuition and fees 
charged to students enrolled in an approved program of 
professional or practical nursing education at a public 
university.


    (b) Scholarship recipients shall also receive a stipend, 
the amount of which shall not exceed $10,000, to cover other 
costs of attendance, including, but not limited to, living 
expenses.  Stipend amounts for recipients enrolled on less than 
a full-time basis shall be prorated by credit hour.


    (c) A recipient may receive scholarship assistance under 
the program for the equivalent of 8 semesters or 16 quarters of 
full-time enrollment.


    (d) The total amount of scholarship assistance awarded by 
the Commission under the program to an individual in any given 
fiscal year, when added to other financial assistance awarded 
to that individual for that year, may not exceed the cost of 
attendance at the institution of higher learning at which the 
student is enrolled.


 
    Section 15-15. Application. All applications for a 
scholarship under the program shall be made to the Commission 
in a form and manner prescribed by the Commission. Applicants 
shall also submit any supporting documents deemed necessary by 
the Commission at the time of application.

 
    Section 15-20. Eligibility. 
    (a)    The Commission shall, on an annual basis until July 1, 
2010, receive and consider applications for scholarship 
assistance under the program.  An applicant is eligible for a 
scholarship under the program if the Commission finds that the 
applicant:


        (1)   is a United States citizen or permanent resident;


        (2)   is a resident of Illinois;


        (3)   is enrolled or accepted for enrollment on at least 
    a half-time basis in an approved program of professional or 
    practical nursing education at the graduate level at an 
    Illinois institution of higher learning.


    (b)   Scholarship recipients shall be selected from among 
eligible applicants based on a combination of academic 
excellence and financial need, as determined by the Commission.


    (c)    Preference may be given to previous recipients of a 
scholarship under the program, provided that the recipient 
continues to meet the eligibility requirements set forth in 
this Section and maintains satisfactory academic progress as 
determined by the institution of higher education at which he 
or she is enrolled.


    (d)   Prior to receiving scholarship assistance for an 
academic year, each recipient of a scholarship awarded under 
the program must sign an agreement pledging that, within the 
one-year period following the termination of the academic 
program for which the recipient was awarded a scholarship, the 
recipient shall (i)  begin working as an educator in an approved 
program of professional nursing education or an approved 
program of practical nursing education in Illinois for a period 
of not less than 5 years and (ii) upon request of the 
Commission, provide the Commission with evidence that he or she 
is fulfilling or has fulfilled the terms of the work agreement 
required under this subsection (d).


 
    Section 15-25. Payment to institution. All scholarship 
funds distributed under the program shall be paid to the 
institution on behalf of the scholarship recipient.
 
    Section 15-30. Repayment upon default; exception.
 
    (a)                          If a recipient of a scholarship awarded under this 
Section fails to fulfill the work agreement required under the 
program, the Commission shall require the recipient to repay 
the amount of the scholarship or scholarships received, 
prorated according to the fraction of the work agreement not 
completed, plus interest at a rate of 5% and, if applicable, 
reasonable collection fees.


    (b)                          Payments received by the Commission under this Section 
shall be remitted to the State Comptroller for deposit into the 
General Revenue Fund, except that that portion of a recipient's 
repayment that equals the amount in expenses that the 
Commission has reasonably incurred in attempting collection 
from that recipient shall be remitted to the State Comptroller 
for deposit into the Commission's Accounts Receivable Fund.


    (c)                          A recipient of a scholarship awarded by the Commission 
under the program shall not be in violation of the agreement 
entered into pursuant to this Article if the recipient is (i) 
serving as a member of the armed services of the United States, 
(ii) temporarily totally disabled, as established by a sworn 
affidavit of a qualified physician, (iii) seeking and unable to 
find full-time employment as a nursing educator and is able to 
provide evidence of that fact, or (iv) taking additional 
courses, on at least a half-time basis, related to nursing 
education.  Any extension of the period during which the work 
requirement must be fulfilled shall be subject to limitations 
of duration established by the Commission.


 
ARTICLE 90. AMENDATORY PROVISIONS.

 
    Section 90-2. The State Finance Act is amended  by changing 
and renumbering Section 5.570, as added by Public Act 92-589, 
as follows:
 



    (30 ILCS 105/5.569)


    Sec. 5.569
5.570.  The National Guard and Naval Militia

Grant Fund. 
(Source: P.A. 92-589, eff. 7-1-02; revised 8-27-02.)


 
    Section 90-5. The Board of Higher Education Act is amended  
by adding Sections 9.31 and 9.32 as follows:
 
    (110 ILCS 205/9.31 new)

    Sec. 9.31. Competitive grants to nursing schools. In order 
to increase the number of nurses graduating from Illinois 
institutions of higher learning, the Board shall establish and 
administer a competitive grant program for institutions of 
higher learning that award degrees in nursing.  The grants may 
be awarded on the basis of performance criteria that shall 
include, but not be limited to, degree production, student 
retention, and passage rates on professional licensure 
examinations.
    The Board shall adopt those rules that are necessary for 
the implementation and administration of the grants 
established under this Section.
 
    (110 ILCS 205/9.32 new)

    Sec. 9.32. Nurse educator fellowship program. In order to 
ensure the retention of well-qualified nursing faculty, the 
Board shall establish and administer a nurse educator 
fellowship program that supplements nursing faculty salaries 
at institutions of higher learning that award degrees in 
nursing.  Fellowships awarded under the program may be awarded 
on a competitive basis.
    The Board shall adopt those rules that are necessary for 
the implementation and administration of the fellowship 
program established under this Section.

 
    Section 90-8. The Higher Education Student Assistance Act 
is amended  by changing Section 45 and by adding Section 65.80 
as follows:
 



    (110 ILCS 947/45)



    Sec. 45. Illinois National Guard and Naval Militia grant 
program. 

    (a) As used in this Section:

    "State controlled university or community college" means 
those
institutions under the administration of the Chicago 
State University Board
of Trustees, the Eastern Illinois 
University Board of Trustees, the Governors
State University 
Board of Trustees, the Illinois State University Board of

Trustees, the Northeastern Illinois University Board of 
Trustees, the Northern
Illinois University Board of Trustees, 
the Western Illinois University Board of
Trustees, Southern 
Illinois University
Board of Trustees, University of Illinois 
Board of Trustees, or the Illinois
Community College Board.

    "Tuition and fees" shall not include expenses for any 
sectarian
or denominational instruction, the construction or 
maintenance of sectarian
or denominational facilities, or any 
other sectarian or denominational
purposes or activity.

    "Fees" means matriculation, graduation, activity, term, or 
incidental fees.
Exemption shall not be granted from any other 
fees, including book rental,
service, laboratory, supply, and 
union building fees, hospital and medical
insurance fees, and 
any fees established for the operation and maintenance of

buildings, the income of which is pledged to the payment of 
interest and
principal on bonds issued by the governing board 
of any university or community
college.

    (b) Any person who has served at least one
year in the

Illinois National Guard or the Illinois Naval Militia and who 
possesses all necessary
entrance requirements shall, upon 
application and proper proof, be
awarded a grant to the 
State-controlled university or community
college of his or her 
choice, consisting of exemption from tuition and
 fees for not 
more than the equivalent of 4 years of full-time enrollment, 
including summer terms,
in relation to his or her course of 
study at that State controlled
university or community college 
while he or she is a member of the Illinois
National Guard or 
the Illinois Naval Militia.  Except as otherwise provided in 
this Section, if the recipient of any grant awarded under this 
Section
ceases to be a  member of the Illinois National Guard or 
the Illinois Naval Militia while enrolled in a
course of study 
under that grant, the grant shall be terminated as of the date

membership in the Illinois National Guard or the Illinois Naval 
Militia ended, and the recipient shall be
permitted to complete 
the school term in which he or she is then enrolled only
upon 
payment of tuition and other fees allocable to the part of the 
term then
remaining.
If the recipient of a grant awarded under 
this Section ceases to be a member of the Illinois National 
Guard or the Illinois Naval Militia while enrolled in a course 
of study under that grant but (i) has served in the Illinois 
National Guard or the Illinois Naval Militia for at least 5 
years and (ii) has served a cumulative total of at least 6 
months of active duty, then that recipient shall continue to be 
eligible for a grant for one year after membership in the 
Illinois National Guard or the Illinois Naval Militia ended, 
provided that the recipient has not already received the 
exemption from tuition and fees for the equivalent of 4 years 
of full-time enrollment, including summer terms, under this 
Section. If the recipient of the grant fails to complete his or 
her
military
service obligations or requirements for 
satisfactory participation, the
Department of Military Affairs 
shall require the recipient to repay the amount
of the grant 
received, prorated according to the fraction of the service

obligation not completed, and, if applicable, reasonable 
collection fees. The
Department of Military Affairs may adopt 
rules relating to its
collection activities for repayment of 
the grant under this Section.
Unsatisfactory participation 
shall be defined by rules adopted
by the Department of Military 
Affairs. Repayments shall be deposited
in the National Guard 
and Naval Militia Grant Fund.  The National Guard and Naval 
Militia Grant Fund is created as
a special fund in the State 
treasury.  All money in the National Guard and Naval Militia

Grant
Fund shall be used, subject to appropriation, by the 
Illinois Student Assistance Commission for the purposes of this 
Section.

    A grant awarded under this Section shall be considered an 
entitlement
which the State-controlled university or community 
college in which the
holder is enrolled shall honor without any 
condition other than the
holder's maintenance of minimum grade 
levels and a satisfactory student
loan repayment record 
pursuant to subsection (c) of Section 20 of this
Act.

    (c) Subject to a separate appropriation for such purposes, 
the
Commission may reimburse the State-controlled university 
or community
college for grants authorized by this Section.

(Source: P.A. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04; 
94-583, eff. 8-15-05.)

 
    (110 ILCS 947/65.80 new)

    Sec. 65.80. Forensic science grant program.
    (a)  In order to encourage graduate students to enter the 
field
of forensic science and continue their careers as 
forensic scientists with the Department of State Police in one 
of the specialty areas of forensic sciences  that is considered 
a shortage specialty area, the Commission shall, subject to 
appropriation, establish and administer a forensic science 
grant program.
    (b) A qualified applicant may receive a maximum grant 
amount of $30,000 to cover those expenses related to the 
forensic science program in which he or she is enrolled.
    (c)  The Commission shall, on an annual basis until July 1, 
2010, receive and consider applications for grant assistance 
under the program.  An applicant is eligible for a grant under 
the program if the Commission finds that the applicant:
        (1)  is a United States citizen or permanent resident;
        (2)  is a resident of Illinois or will be a resident
of 
    Illinois upon completion of the forensic science program;
        (3)  is enrolled on a full-time basis in a minimum 
    one-year program that combines graduate education with 
    training in a specific forensic discipline in a manner 
    equivalent to the Department of State Police's new examiner 
    training so as to prepare him or her to do casework; and
        (4) meets or will meet all of the evaluation criteria 
    required by the Department of State Police for employment.
    (d)  Prior to receiving grant assistance for an academic

year, each recipient shall be required by the Commission to 
sign an agreement under which the recipient pledges to seek 
employment as a forensic scientist with the Department of State 
Police and, if such employment is obtained, to continue as an 
employee of the Department of State Police for a minimum period 
of 4 years. If a recipient of a grant under this Section fails 
to fulfill the employment obligation, the Commission shall 
require that the recipient repay the amount of the grant award, 
prorated according to the fraction of the obligation not 
completed, plus interest at a rate of 5% and, if applicable, 
reasonable collection fees, as established by the Commission.
    (e)  A recipient of a grant award under this Section shall 
not be in violation of the agreement entered into pursuant to 
subsection (d) of this Section if
the Department of State 
Police is unable to offer employment to the recipient.  The 
Commission may adopt rules relating to other conditions under 
which a recipient is not considered to be in violation of the 
agreement entered into pursuant to subsection (d) of this 
Section.  Any extension of the period during which the 
employment requirement under subsection (d) of this Section 
must be fulfilled shall be subject to the limitations of 
duration established by the Commission.
    (f)  The Commission and the Department of State Police shall 
adopt all rules that are necessary for the implementation and 
administration of this Section.
 
    Section 90-10. The Nursing Education Scholarship Law is 
amended  by changing Section 5 as follows:
 



    (110 ILCS 975/5)  (from Ch. 144, par. 2755)


    Sec. 5. Nursing education scholarships. Beginning with the 
fall term of the 2004-2005

academic year, the
Department, in 
accordance with rules and regulations promulgated by it for 
this
program, shall provide scholarships to individuals 
selected
from among those applicants who qualify for 
consideration by showing:


        (1) that he or she has been a resident of this State 
    for at least one
year prior to application, and is a 
    citizen or a lawful permanent resident
alien of the United 
    States;


        (2) that he or she is enrolled in or accepted for 
    admission to an associate degree in
nursing program, 
    hospital-based
diploma in nursing program, baccalaureate 
    degree
in nursing program, graduate degree in nursing 
    program, or practical nursing program at an approved

    institution; and


        (3) that he or she agrees to meet the nursing 
    employment obligation.

    If in any year the number of qualified applicants exceeds 
the number of
scholarships to be awarded, the Department shall, 
in consultation with the Center for Nursing Advisory Board, 
consider the following factors in granting
give priority in 
awarding
scholarships:
            (A) Financial
To students in the greatest 
        financial need, as shown on a
standardized financial 
        needs assessment form used by an approved
institution, 
        of students who will pursue their education on a 
        full-time or close
closest to
full-time
basis and who 
        already have a certificate in practical nursing, a 
        diploma
in nursing, or an associate degree in nursing 
        and are pursuing a higher
degree.

            (B) A student's status as a
To registered nurse who 
        is
nurses pursuing a graduate degree in nursing to 
        pursue employment in an approved institution that 
        educates licensed practical nurses and that educates 
        registered nurses in undergraduate and graduate 
        nursing programs.

            (C) A student's merit, as shown through his or her 
        grade point average, class rank, and other academic and 
        extracurricular activities.  The Department may add to 
        and further define these merit criteria by rule.

    Unless otherwise indicated, scholarships shall be awarded 
to
recipients at approved institutions for a period
of up to 2 
years if the recipient is enrolled in an
associate degree in

nursing
program, up to 3 years if the recipient is enrolled in 
a hospital-based
diploma in nursing program, up to 4 years if 
the recipient is enrolled in a
baccalaureate degree in nursing 
program, up to 5 years if the recipient is enrolled in a 
graduate degree in nursing program, and up to one year if the

recipient is enrolled in a certificate in practical nursing 
program.  At least
40% of the scholarships awarded shall be for 
recipients who are
pursuing baccalaureate degrees in nursing, 
30% of the scholarships
awarded shall be for recipients who are 
pursuing associate degrees in
nursing
or a diploma in nursing, 
10% of the scholarships awarded
shall be for recipients who are 
pursuing a certificate in practical nursing, and 20% of the 
scholarships awarded shall be for recipients who are pursuing a 
graduate degree in nursing.

(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)


 
    Section 90-15. The Nursing and Advanced Practice Nursing 
Act is amended  by changing  Section 10-10 and  by adding Title 17 
as follows:

 



    (225 ILCS 65/10-10)



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

    Sec. 10-10. Department powers and duties. 

    (a) The Department shall exercise the powers and duties

prescribed by the Civil Administrative Code of Illinois for 
administration
of licensing acts and shall exercise other 
powers and duties necessary
for effectuating the purpose of 
this Act.  None of the functions, powers, or
duties of the 
Department with respect to licensure and examination shall
be 
exercised by the Department except upon review by the Board.

The
Department shall adopt rules to implement, interpret, or 
make specific
the provisions and purposes of this Act; however 
no such rules shall
be adopted by the Department except upon 
review by the Board.

    (b) The Department shall:


        (1) prepare and maintain a list of approved programs of 
    professional
nursing education and programs of practical 
    nursing education in this
State, whose graduates, if they 
    have the other necessary qualifications
provided in this 
    Act, shall be eligible to apply for a license to practice

    nursing in this State;


        (2) promulgate rules defining what constitutes an 
    approved program of
professional nursing education and 
    what constitutes an approved program of
practical nursing 
    education; and


        (3) adopt rules for examination of candidates for 
    licenses and for
issuance of licenses authorizing 
    candidates upon passing an examination to
practice under 
    this Act.

    (c) The Department may act upon the recommendations of the 
Center for Nursing Advisory Board.

(Source: P.A. 90-742, eff. 8-13-98.)

 
    (225 ILCS 65/Tit. 17 heading new)
    (Title heading scheduled to be repealed on January 1, 2008)
TITLE 17.  ILLINOIS CENTER FOR NURSING

 
    (225 ILCS 65/17-5  new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-5. Definitions. In this Title:
    "Board" means the Center for Nursing Advisory Board.
    "Center" means the Illinois Center for Nursing.
 
    (225 ILCS 65/17-10  new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-10. Illinois Center for Nursing. There is created 
the Illinois Center for Nursing to address issues of supply and 
demand in the nursing profession, including issues of 
recruitment, retention, and utilization of nurse manpower 
resources. The General Assembly finds that the Center will 
enhance the delivery of quality health care services by 
providing an ongoing strategy for the allocation of the State's 
resources directed towards nursing. Each of the following 
objectives shall serve as the primary goals for the Center:
        (1) To develop a strategic plan for nursing manpower in 
    Illinois by selecting priorities that must be addressed.
        (2) To convene various groups of representatives of 
    nurses, other health care providers, businesses and 
    industries, consumers, legislators, and educators to:
            (A) review and comment on data analysis prepared 
        for the Center;
            (B) recommend systemic changes, including 
        strategies for implementation of recommended changes; 
        and
            (C) evaluate and report the results of the Board's 
        efforts to the General Assembly and others.
        (3) To enhance and promote recognition, reward, and 
    renewal activities for nurses in Illinois by:
            (A) proposing and creating reward, recognition, 
        and renewal activities for nursing; and
            (B) promoting media and positive image-building 
        efforts for nursing.
 
    (225 ILCS 65/17-15  new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-15. Center for Nursing Advisory Board.

    (a) There is created the Center for Nursing Advisory Board, 
which shall consist of 11 members appointed by the Governor, 
with 6 members of the Board being nurses representative of 
various nursing specialty areas. The other 5 members may 
include representatives of associations, health care 
providers, nursing educators, and consumers. The Board shall be 
chaired by the Nursing Act Coordinator, who shall be a voting 
member of the Board.
    (b) The membership of the Board shall reasonably reflect 
representation from the geographic areas in this State.
    (c) Members of the Board appointed by the Governor shall 
serve for terms of 4 years, with no member serving more than 10 
successive years, except that, initially, 4 members shall be 
appointed to the Board for terms that expire on June 30, 2009, 
4 members  shall be appointed to the Board for terms that expire 
on June 30, 2008, and 3 members shall be appointed to the Board 
for terms that expire on June 30, 2007. A member shall serve 
until his or her successor is appointed and has qualified.  
Vacancies shall be filled in the same manner as original 
appointments, and any member so appointed shall serve during 
the remainder of the term for which the vacancy occurred.
    (d) A quorum of the Board shall consist of a majority of 
Board members currently serving. A majority vote of the quorum 
is required for Board decisions. A vacancy in the membership of 
the Board shall not impair the right of a quorum to exercise 
all of the rights and perform all of the duties of the Board.
    (e) The Governor may remove any appointed member of the 
Board for misconduct, incapacity, or neglect of duty and shall 
be the sole judge of the sufficiency of the cause for removal.
    (f) Members of the Board are immune from suit in any action 
based upon any activities performed in good faith as members of 
the Board.
    (e) Members of the Board shall not receive compensation, 
but shall be reimbursed for actual traveling, incidentals, and 
expenses necessarily incurred in carrying out their duties as 
members of the Board, as approved by the Department.
 
    (225 ILCS 65/17-20  new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-20. Powers and duties of the Board.

    (a) The Board shall be advisory to the Department and shall 
possess and perform each of the following powers and duties:
        (1) determine operational policy;
        (2) administer grants, scholarships, internships, and 
    other programs, as defined by rule, including the 
    administration of programs, as determined by law, that 
    further those goals set forth in Section 17-10 of this 
    Title, in consultation with other State agencies, as 
    provided by law;
        (3) establish committees of the Board as needed;
        (4) recommend the adoption and, from time to time, the 
    revision of those rules that may be adopted and necessary 
    to carry out the provisions of this Act;
        (5) implement the major functions of the Center, as 
    established in the goals set forth in Section 17-10 of this 
    Title; and
        (6) seek and accept non-State funds for carrying out 
    the policy of the Center.
    (b) The Center shall work in consultation with other State 
agencies as necessary.
 
ARTICLE 99. EFFECTIVE DATE.

 

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