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91_HB0801
LRB9103498ACtm
1 AN ACT to amend the Nursing and Advanced Practice Nursing
2 Act by changing Section 5-15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing and Advanced Practice Nursing Act
6 is amended by changing Section 5-15 as follows:
7 (225 ILCS 65/5-15)
8 Sec. 5-15. Policy; application of Act. For the protection
9 of life and the promotion of health, and the prevention of
10 illness and communicable diseases, any person practicing or
11 offering to practice professional and practical nursing in
12 Illinois shall submit evidence that he or she is qualified to
13 practice, and shall be licensed as provided under this Act.
14 No person shall practice or offer to practice professional or
15 practical nursing in Illinois or use any title, sign, card or
16 device to indicate that such a person is practicing
17 professional or practical nursing unless such person has been
18 licensed under the provisions of this Act.
19 This Act does not prohibit the following:
20 (a) The practice of nursing in Federal employment in the
21 discharge of the employee's duties by a person who is
22 employed by the United States government or any bureau,
23 division or agency thereof and is a legally qualified and
24 licensed nurse of another state or territory and not in
25 conflict with Sections 10-5, 10-30, and 10-45 of this Act.
26 (b) Nursing that is included in their program of study
27 by students enrolled in programs of nursing or in current
28 nurse practice update courses approved by the Department.
29 (c) The furnishing of nursing assistance in an
30 emergency.
31 (d) The practice of nursing by a nurse who holds an
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1 active license in another state when providing services to
2 patients in Illinois during a bonafide emergency or in
3 immediate preparation for or during interstate transit.
4 (e) The incidental care of the sick by members of the
5 family, domestic servants or housekeepers, or care of the
6 sick where treatment is by prayer or spiritual means.
7 (f) Persons from being employed as nursing aides,
8 attendants, orderlies, and other auxiliary workers in private
9 homes, long term care facilities, nurseries, hospitals or
10 other institutions.
11 (g) The practice of practical nursing by one who has
12 applied in writing to the Department in form and substance
13 satisfactory to the Department, for a license as a licensed
14 practical nurse and who has complied with all the provisions
15 under Section 10-30, except the passing of an examination to
16 be eligible to receive the such license, until: the decision
17 of the Department that the applicant has failed to pass the
18 next available examination authorized by the Department or
19 has failed, without an approved excuse, to take the next
20 available examination authorized by the Department or until
21 the withdrawal of the application, but not to exceed 3
22 months. No applicant for licensure practicing under the
23 provisions of this paragraph shall practice practical nursing
24 except under the direct supervision of a registered
25 professional nurse licensed under this Act or a licensed
26 physician, dentist or podiatrist. In no instance shall any
27 such applicant practice or be employed in any supervisory
28 capacity.
29 (h) The practice of practical nursing by one who is a
30 licensed practical nurse under the laws of another U.S.
31 jurisdiction and has applied in writing to the Department, in
32 form and substance satisfactory to the Department, for a
33 license as a licensed practical nurse and who is qualified to
34 receive such license under Section 10-30, until (1) the
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1 expiration of 6 months after the filing of such written
2 application, (2) the withdrawal of such application, or (3)
3 the denial of such application by the Department.
4 (i) The practice of professional nursing by one who has
5 applied in writing to the Department in form and substance
6 satisfactory to the Department for a license as a registered
7 professional nurse and has complied with all the provisions
8 under Section 10-30 except the passing of an examination to
9 be eligible to receive such license, until the decision of
10 the Department that the applicant has failed to pass the next
11 available examination authorized by the Department or has
12 failed, without an approved excuse, to take the next
13 available examination authorized by the Department or until
14 the withdrawal of the application, but not to exceed 3
15 months. No applicant for licensure practicing under the
16 provisions of this paragraph shall practice professional
17 nursing except under the direct supervision of a registered
18 professional nurse licensed under this Act. In no instance
19 shall any such applicant practice or be employed in any
20 supervisory capacity.
21 (j) The practice of professional nursing by one who is a
22 registered professional nurse under the laws of another
23 state, territory of the United States or country and has
24 applied in writing to the Department, in form and substance
25 satisfactory to the Department, for a license as a registered
26 professional nurse and who is qualified to receive such
27 license under Section 10-30, until (1) the expiration of 6
28 months after the filing of such written application, (2) the
29 withdrawal of such application, or (3) the denial of such
30 application by the Department.
31 (k) The practice of professional nursing that is
32 included in a program of study by one who is a registered
33 professional nurse under the laws of another state or
34 territory of the United States or foreign country, territory
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1 or province and who is enrolled in a graduate nursing
2 education program or a program for the completion of a
3 baccalaureate nursing degree in this State, which includes
4 clinical supervision by faculty as determined by the
5 educational institution offering the program and the health
6 care organization where the practice of nursing occurs. The
7 educational institution will file with the Department each
8 academic term a list of the names and origin of license of
9 all professional nurses practicing nursing as part of their
10 programs under this provision.
11 (l) Any person licensed in this State under any other
12 Act from engaging in the practice for which she or he is
13 licensed.
14 An applicant for license practicing under the exceptions
15 set forth in subparagraphs (g), (h), (i), and (j) of this
16 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
17 Pend. respectively and no other.
18 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
19 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)