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| Public Act 096-0805 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Education Scholarship Law is amended | ||||
by changing Sections 2 and 3 and by adding Section 6.5 as | ||||
follows:
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(110 ILCS 975/2) (from Ch. 144, par. 2752)
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Sec. 2. Legislative finding and declaration of policy. | ||||
(a) The General Assembly finds and hereby declares that the | ||||
provision of a
higher education leading to an associate degree | ||||
in nursing, an
associate
degree in applied sciences in nursing, | ||||
a hospital-based diploma
in nursing, a
baccalaureate degree in | ||||
nursing, a graduate degree in nursing, or a certificate in | ||||
practical nursing for
persons of this State
who desire such an | ||||
education is important to the health, welfare and
security of | ||||
this State and Nation, and consequently is an important public
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purpose. Many qualified and potential nurses
are deterred by | ||||
financial considerations from pursuing their nursing
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education, with consequent irreparable loss to the State and | ||||
Nation of
talents vital to health, welfare and security. A | ||||
system of scholarships,
repayment of which may be excused if | ||||
the individual is employed as a
registered professional
nurse | ||||
or a licensed practical nurse after
obtaining an associate | ||||
degree in
nursing, associate degree in applied sciences in | ||
nursing, hospital-based
diploma in nursing, baccalaureate | ||
degree in nursing, graduate degree in nursing, or certificate
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in practical nursing, will enable such individuals
to attend | ||
approved institutions of their choice in the State,
public or
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private.
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(b) The General Assembly finds that there is a critical | ||
shortage of nursing instructors in this State, and such a | ||
shortage will only worsen the shortage of available nurses in | ||
this State and jeopardize the quality of healthcare citizens of | ||
this State have every right to enjoy. In order to provide for | ||
the health, safety, and welfare of the citizens of this State, | ||
the General Assembly declares that there is a need for an | ||
increase in skilled nurse educators in this State. | ||
(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
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(110 ILCS 975/3) (from Ch. 144, par. 2753)
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Sec. 3. Definitions.
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The following terms, whenever used or referred to, have the | ||
following
meanings except where the context clearly indicates | ||
otherwise:
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(1) "Board" means the Board of Higher Education created by | ||
the Board
of Higher Education Act.
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(2) "Department" means the Illinois Department of Public | ||
Health.
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(3) "Approved institution" means a public community | ||
college, private
junior college, hospital-based diploma in | ||
nursing
program, or public or private
college or university | ||
located in this State that has approval by the Department of | ||
Professional
Regulation for an associate degree in nursing
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program,
associate degree in applied
sciences in nursing | ||
program, hospital-based diploma in nursing
program,
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baccalaureate degree in nursing program, graduate degree in | ||
nursing program, or
certificate in practical
nursing program.
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(4) "Baccalaureate degree in nursing program" means a | ||
program offered by
an
approved institution and leading to a | ||
bachelor of science degree in nursing.
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(5) "Enrollment" means the establishment and maintenance | ||
of an
individual's status as a student in an approved | ||
institution, regardless of
the terms used at the institution to | ||
describe such status.
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(6) "Academic year" means the period of time from September | ||
1 of one
year through August 31 of the next year or as | ||
otherwise defined by the
academic institution.
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(7) "Associate degree in nursing program or hospital-based | ||
diploma in
nursing program" means a program
offered by an | ||
approved institution and leading to an associate
degree in
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nursing, associate degree in applied sciences in nursing, or
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hospital-based diploma in nursing.
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(8) "Graduate degree in nursing program" means a program | ||
offered by an approved institution and leading to a master of | ||
science degree in nursing or a doctorate of philosophy or | ||
doctorate of nursing degree in nursing.
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(9) "Director" means the Director of the Illinois | ||
Department of Public
Health.
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(10) "Accepted for admission" means a student has completed | ||
the
requirements for entry into an associate degree in nursing | ||
program,
associate degree in applied sciences in nursing | ||
program, hospital-based
diploma in nursing program,
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baccalaureate degree in nursing program, graduate degree in | ||
nursing program, or
certificate in practical nursing program at | ||
an approved institution, as
documented by the
institution.
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(11) "Fees" means those mandatory charges, in addition to | ||
tuition, that
all enrolled students must pay, including | ||
required course or lab fees.
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(12) "Full-time student" means a student enrolled for at | ||
least 12 hours
per
term or as otherwise determined by the | ||
academic institution.
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(13) "Law" means the Nursing Education Scholarship Law.
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(14) "Nursing employment obligation" means employment in | ||
this State as a
registered
professional
nurse, or licensed | ||
practical nurse, or advanced practice nurse in direct patient | ||
care
or as a nurse educator in the case of a graduate degree in | ||
nursing program recipient for at least one year for each year | ||
of scholarship assistance received through
the Nursing
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Education Scholarship Program.
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(15) "Part-time student" means a person who is enrolled for | ||
at least
one-third of the number of hours required per term by | ||
a school for its
full-time students.
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(16) "Practical nursing program" means a program offered by | ||
an approved
institution leading to a certificate in practical | ||
nursing.
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(17) "Registered professional nurse" means a
person who is | ||
currently licensed as a registered professional nurse
by the | ||
Department of Professional
Regulation under the Nurse Practice | ||
Act.
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(18) "Licensed practical nurse" means a
person who is | ||
currently licensed as a licensed practical nurse
by the | ||
Department of Professional
Regulation under the Nurse Practice | ||
Act.
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(19) "School term" means an academic term, such as a | ||
semester, quarter,
trimester, or number of clock hours, as | ||
defined by an approved institution.
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(20) "Student in good standing" means a student maintaining | ||
a cumulative
grade point average equivalent to at least the | ||
academic grade of a "C".
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(21) "Total and permanent disability" means a physical or | ||
mental impairment,
disease, or loss of a permanent nature that | ||
prevents nursing employment with or
without reasonable | ||
accommodation. Proof of disability shall be a declaration
from | ||
the social security administration, Illinois Workers' | ||
Compensation Commission,
Department of Defense, or an insurer | ||
authorized to transact business in
Illinois who is providing | ||
disability insurance coverage to a contractor.
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(22) "Tuition" means the established charges of an | ||
institution of higher
learning for instruction at that | ||
institution.
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(23) "Nurse educator" means a person who is currently | ||
licensed as a registered nurse by the Department of | ||
Professional Regulation under the Nurse Practice Act, who has a | ||
graduate degree in nursing, and who is employed by an approved | ||
academic institution to educate registered nursing students, | ||
licensed practical nursing students, and registered nurses | ||
pursuing graduate degrees.
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(24) "Nurse educator employment obligation" means | ||
employment in this State as a nurse educator for at least 2 | ||
years for each year of scholarship assistance received under | ||
Section 6.5 of this Law. | ||
Rulemaking authority to implement this amendatory Act of | ||
the 96th General Assembly, if any, is conditioned on the rules | ||
being adopted in accordance with all provisions of the Illinois | ||
Administrative Procedure Act and all rules and procedures of | ||
the Joint Committee on Administrative Rules; any purported rule | ||
not so adopted, for whatever reason, is unauthorized. | ||
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
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(110 ILCS 975/6.5 new) | ||
Sec. 6.5. Nurse educator scholarships. | ||
(a) Beginning with the fall term of the 2009-2010 academic | ||
year, the Department shall provide scholarships to individuals | ||
selected from among those applicants who qualify for | ||
consideration by showing the following: | ||
(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 a graduate degree in nursing program at an | ||
approved institution; and | ||
(3) that he or she agrees to meet the nurse educator | ||
employment obligation. | ||
(b) If in any year the number of qualified applicants | ||
exceeds the number of scholarships to be awarded under this | ||
Section, the Department shall, in consultation with the Center | ||
for Nursing Advisory Board, consider the following factors in | ||
granting priority in awarding scholarships: | ||
(1) 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 to full-time basis and who already | ||
have a diploma in nursing and are pursuing a higher degree. | ||
(2) A student's status as a registered nurse who is | ||
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. | ||
(3) A student's merit, as shown through his or her | ||
grade point average, class rank, experience as a nurse, | ||
including supervisory experience, experience as a nurse in | ||
the United States military, and other academic and | ||
extracurricular activities. | ||
(c) Unless otherwise indicated, scholarships under this | ||
Section shall be awarded to recipients at approved institutions | ||
for a period of up to 3 years. | ||
(d) Within 12 months after graduation from a graduate | ||
degree in nursing program for nurse educators, any recipient | ||
who accepted a scholarship under this Section shall begin | ||
meeting the required nurse educator employment obligation. In | ||
order to defer his or her continuous employment obligation, a | ||
recipient must request the deferment in writing from the | ||
Department. A recipient shall receive a deferment if he or she | ||
notifies the Department, within 30 days after enlisting, that | ||
he or she is spending up to 4 years in military service. A | ||
recipient shall receive a deferment if he or she notifies the | ||
Department, within 30 days after enrolling, that he or she is | ||
enrolled in an academic program leading to a graduate degree in | ||
nursing. The recipient must begin meeting the required nurse | ||
educator employment obligation no later than 6 months after the | ||
end of the deferment or deferments. | ||
Any person who fails to fulfill the nurse educator | ||
employment obligation shall pay to the Department an amount | ||
equal to the amount of scholarship funds received per year for | ||
each unfulfilled year of the nurse educator employment | ||
obligation, together with interest at 7% per year on the unpaid | ||
balance. Payment must begin within 6 months following the date | ||
of the occurrence initiating the repayment. All repayments must | ||
be completed within 6 years from the date of the occurrence | ||
initiating the repayment. However, this repayment obligation | ||
may be deferred and re-evaluated every 6 months when the | ||
failure to fulfill the nurse educator employment obligation | ||
results from involuntarily leaving the profession due to a | ||
decrease in the number of nurses employed in this State or when | ||
the failure to fulfill the nurse educator employment obligation | ||
results from total and permanent disability. The repayment | ||
obligation shall be excused if the failure to fulfill the nurse | ||
educator employment obligation results from the death or | ||
adjudication as incompetent of the person holding the | ||
scholarship. No claim for repayment may be filed against the | ||
estate of such a decedent or incompetent. | ||
The Department may allow a nurse educator employment | ||
obligation fulfillment alternative if the nurse educator | ||
scholarship recipient is unsuccessful in finding work as a | ||
nurse educator. The Department shall maintain a database of all | ||
available nurse educator positions in this State. | ||
(e) Each person applying for a scholarship under this | ||
Section must be provided with a copy of this Section at the | ||
time of application for the benefits of this scholarship. | ||
(f) Rulemaking authority to implement this amendatory Act | ||
of the 96th General Assembly, if any, is conditioned on the | ||
rules being adopted in accordance with all provisions of the | ||
Illinois Administrative Procedure Act and all rules and | ||
procedures of the Joint Committee on Administrative Rules; any | ||
purported rule not so adopted, for whatever reason, is | ||
unauthorized. | ||
Section 10. The Nurse Practice Act is amended by changing | ||
Section 70-50 as follows:
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(225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 70-50. Fund. | ||
(a) There is hereby created within the State Treasury the
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Nursing Dedicated and Professional Fund. The monies in the Fund | ||
may be
used by and at the direction of the Department for the | ||
administration and
enforcement of this Act, including but not | ||
limited to:
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(1) Distribution and publication of this Act and rules.
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(2) Employment of secretarial, nursing, | ||
administrative, enforcement, and
other staff for the | ||
administration of this Act.
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(b) Disposition of fees:
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(1) $5 of every licensure fee shall be placed in a fund | ||
for assistance to nurses enrolled in a diversionary program | ||
as approved by the Department.
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(2) All of the fees, fines, and penalties
collected | ||
pursuant to
this Act shall be deposited in the Nursing | ||
Dedicated and Professional Fund.
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(3) Each fiscal year, the moneys deposited
in the | ||
Nursing Dedicated and Professional Fund shall be | ||
appropriated to the
Department for expenses of the | ||
Department and the Board in the
administration of this Act. | ||
All earnings received from investment of
moneys in the | ||
Nursing Dedicated and Professional Fund shall be
deposited | ||
in the Nursing Dedicated and Professional Fund and shall be | ||
used
for the same purposes as fees deposited in the Fund.
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(4) For the fiscal year beginning July 1, 2009 2004 and | ||
for
each fiscal
year thereafter, $2,000,000 $1,200,000 of | ||
the moneys deposited in the
Nursing Dedicated
and | ||
Professional Fund each year shall be set aside and | ||
appropriated to the
Department of Public Health for nursing | ||
scholarships awarded pursuant to
the Nursing Education | ||
Scholarship Law.
Representatives
of the Department and the | ||
Nursing Education Scholarship Program Advisory
Council | ||
shall review this requirement and
the scholarship awards | ||
every 2 years.
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(5) Moneys in the Fund may be transferred to the | ||
Professions
Indirect Cost Fund as authorized under Section | ||
2105-300 of the
Department of Professional Regulation Law | ||
(20 ILCS 2105/2105-300).
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(c)
(f) Moneys set aside for nursing scholarships awarded | ||
pursuant to
the Nursing Education Scholarship Law as provided | ||
in item (4)
(iv) of subsection (b)
(e) of this Section may not | ||
be transferred under Section 8h of the State Finance Act. | ||
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; | ||
revised 10-23-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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