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91_HB4161
LRB9111963NTdv
1 AN ACT to amend the Nursing Education Scholarship Law by
2 changing Sections 2, 3, 4, 5, 6, 7, 9, and 10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Education Scholarship Law is
6 amended by changing Sections 2, 3, 4, 5, 6, 7, 9, and 10 as
7 follows:
8 (110 ILCS 975/2) (from Ch. 144, par. 2752)
9 Sec. 2. Legislative finding and declaration of policy.
10 The General Assembly finds and hereby declares that the
11 provision of a higher education leading to an associate
12 degree in of nursing, an associate degree in of applied
13 sciences in nursing, a hospital-based diploma in hospital
14 based nursing, program diploma, completion of a practical
15 nursing education program, and a baccalaureate degree in
16 nursing, or a certificate in practical nursing for persons of
17 this State who desire such an education is important to the
18 health, welfare and security of this State and Nation, and
19 consequently is an important public purpose. Many qualified
20 and potential nurses are deterred by financial considerations
21 from pursuing their nursing education, with consequent
22 irreparable loss to the State and Nation of talents vital to
23 health, welfare and security. A system of scholarships,
24 repayment of which may be excused if the individual is
25 employed as a registered practices professional nurse nursing
26 or a licensed practical nurse nursing after obtaining an
27 associate degree in nursing, associate degree in of applied
28 sciences in nursing, or hospital-based diploma in completing
29 a practical nursing education program, hospital based
30 nursing, program diploma, or a baccalaureate degree in
31 nursing, or a certificate in practical nursing, will enable
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1 such individuals to attend approved qualified institutions of
2 their choice in the State, public or private.
3 (Source: P.A. 89-237, eff. 8-4-95.)
4 (110 ILCS 975/3) (from Ch. 144, par. 2753)
5 Sec. 3. Definitions.
6 The following terms, whenever used or referred to, have
7 the following meanings except where the context clearly
8 indicates otherwise:
9 (1) "Board" means the Board of Higher Education created
10 by the Board of Higher Education Act.
11 (2) "Department" means the Illinois Department of Public
12 Health.
13 (3) "Approved institution" means a public community
14 college, private junior college, hospital-based diploma in
15 hospital based nursing program, or public or private college
16 or university located in this State that which has National
17 League for Nursing accreditation or approval by the
18 Department of Professional Regulation for an the associate
19 degree program in nursing program, associate degree in of
20 applied sciences in nursing program, hospital-based diploma
21 in hospital based nursing program diploma, baccalaureate
22 degree in nursing program, or practical nursing education
23 program of not less than one academic year, or baccalaureate
24 degree in nursing.
25 (4) "Baccalaureate degree in nursing program" means a
26 program offered by an approved institution and leading to a
27 bachelor of science degree in nursing.
28 (5) "Enrollment" means the establishment and maintenance
29 of an individual's status as a student in an approved
30 institution, regardless of the terms used at the institution
31 to describe such status.
32 (6) "Academic year" means the period of time from
33 September 1 of one year through August 31 of the next year or
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1 as otherwise defined by the academic institution.
2 (7) "Associate degree in nursing program or
3 hospital-based diploma in nursing hospital based program"
4 means a program offered by an approved institution and
5 leading to an the associate degree in of nursing, associate
6 degree in of applied sciences in nursing, or hospital-based
7 diploma in nursing hospital based nursing program diploma.
8 (8) "Director" means the Director of the Illinois
9 Department of Public Health.
10 (9) "Accepted for admission" means a student has
11 completed the requirements for entry into an associate degree
12 in nursing program, associate degree in applied sciences in
13 nursing program, hospital-based diploma in nursing program,
14 baccalaureate degree in nursing program, or practical nursing
15 program at an approved institution, as documented by the
16 institution.
17 (10) "Fees" means those mandatory charges, in addition
18 to tuition, that all enrolled students must pay, including
19 required course or lab fees.
20 (11) "Full-time student" means a student enrolled for at
21 least 12 hours per term or as otherwise determined by the
22 academic institution.
23 (12) "Full-time employment" means nursing employment in
24 Illinois of at least 24 hours per weekend shift or 35 hours
25 per week per weekday shift.
26 (13) "Law" means the Nursing Education Scholarship Law.
27 (14) "Nursing employment obligation" means employment in
28 direct patient care to meet the obligation incurred by
29 accepting funding through the Nursing Education Scholarship
30 Program.
31 (15) "Part-time student" means a person who is enrolled
32 for at least one-third of the number of hours required per
33 term by a school for its full-time students.
34 (16) "Part-time employment" means nursing employment in
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1 Illinois of at least 17.5 hours per week, but no more than 35
2 hours per week.
3 (17) "Practical nursing program" means a program offered
4 by an approved institution leading to a certificate in
5 practical nursing.
6 (18) "Professional nursing practice" means any type of
7 nursing practice that is included in the definition of
8 "registered professional nursing" or "licensed practical
9 nursing" in the Nursing and Advanced Practice Nursing Act.
10 (19) "Registered professional nurse" means a person who
11 is currently licensed as a registered professional nurse by
12 the Department of Professional Regulation under the Nursing
13 and Advanced Practice Nursing Act.
14 (20) "Licensed practical nurse" means a person who is
15 currently licensed as a licensed practical nurse by the
16 Department of Professional Regulation under the Nursing and
17 Advanced Practice Nursing Act.
18 (21) "School term" means an academic term, such as a
19 semester, quarter, trimester, or number of clock hours, as
20 defined by an approved institution.
21 (22) "Student in good standing" means a student
22 maintaining a cumulative grade point average of at least a
23 "C".
24 (23) "Total and permanent disability" means a physical
25 or mental impairment, disease, or loss of a permanent nature
26 that prevents nursing employment with or without reasonable
27 accommodation. Proof of disability shall be a declaration
28 from the social security administration, Illinois Industrial
29 Commission, Department of Defense, or an insurer authorized
30 to transact business in Illinois who is providing disability
31 insurance coverage to a contractor.
32 (24) "Tuition" means the established charges of an
33 institution of higher learning for instruction at that
34 institution.
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1 (Source: P.A. 86-1467; 87-577.)
2 (110 ILCS 975/4) (from Ch. 144, par. 2754)
3 Sec. 4. Functions of Department. The Department shall
4 prepare and supervise the issuance of public information
5 about the provisions of this Article; prescribe the form and
6 regulate the submission of applications for scholarships;
7 determine the eligibility of applicants; award the
8 appropriate scholarships; prescribe the contracts or other
9 acknowledgments of scholarship which an applicant is required
10 to execute; and determine whether all or any part of a
11 recipient's an applicant's scholarship needs to be monetarily
12 repaid, or has been excused from repayment, and the extent of
13 any repayment or excused repayment. The Department may
14 require a scholarship recipient to reimburse the State for
15 expenses, including but not limited to attorney's fees,
16 incurred by the Department or other agent of the State for a
17 successful legal action against the recipient for a breach of
18 any provision of the scholarship contract. The Department
19 may utilize referral to the Department of Professional
20 Regulation to revoke, suspend, refuse to renew, place on
21 probationary status, or take other disciplinary action. The
22 Department is authorized to make all necessary and proper
23 rules, not inconsistent with this Article, for the efficient
24 exercise of the foregoing functions.
25 (Source: P.A. 86-1467.)
26 (110 ILCS 975/5) (from Ch. 144, par. 2755)
27 Sec. 5. Nursing education full-time undergraduate
28 scholarships. Beginning with the fall term of the 1991-1992
29 academic year, 500 scholarships shall be provided each year
30 for qualified individuals who desire to enter an approved
31 institution awarding an associate degree in nursing,
32 hospital-based diploma in nursing, diploma, or baccalaureate
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1 degree in nursing, or certificate in offering an approved
2 practical nursing education program of not less than one
3 academic year. Of the 500 scholarships provided each year, at
4 least 10% 50 shall go to persons entering an approved
5 practical nursing education program of not less than one
6 academic year. The Department, in accordance with rules and
7 regulations promulgated by it for this program, shall provide
8 funding and shall designate each year's new recipients from
9 among those applicants who qualify for consideration by
10 showing:
11 (1) that he or she has been a resident of this
12 State for at least one year prior to application, and is
13 a citizen or a lawful permanent resident alien of the
14 United States;
15 (2) that he or she is enrolled in or accepted proof
16 of enrollment or acceptance for admission to an associate
17 degree in a practical nursing program, hospital-based
18 associate degree nursing, diploma in nursing program, or
19 baccalaureate degree in nursing program, or practical
20 nursing program at an approved institution; and
21 (3) that he or she agrees to be employed serve as a
22 registered professional nurse or licensed practical nurse
23 in Illinois in accordance with Section 6.
24 If in any year the number of qualified applicants exceeds
25 the number of scholarships to be awarded, the Department
26 shall give priority in awarding scholarships to students in
27 the greatest financial need as shown on a standardized
28 financial needs assessment form used by the approved
29 institution. The Department shall consider factors such as
30 the applicant's family income, the size of the applicant's
31 family and the number of other children in the applicant's
32 family attending college, and whether the applicant is the
33 head of the household in determining the financial need of
34 the individual.
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1 Unless otherwise indicated, these scholarships shall be
2 awarded good for a period of up to 3 years while the
3 recipient is enrolled in an associate degree in nursing or
4 hospital-based diploma in nursing program at an approved
5 institution for residence credit at a community college,
6 private junior college or hospital based nursing program, and
7 up to 4 years if enrolled in applicant is pursuing a
8 baccalaureate degree in nursing program or practical nursing
9 program at an approved institution. a public or private
10 college or university; except that the length of scholarships
11 for persons studying to be licensed practical nurses shall be
12 established by the Department. At least 1/2 of the
13 scholarships awarded shall be for recipients who shall attend
14 State supported schools. The scholarship shall cover
15 tuition, fees of up to $2,000 per academic year and a living
16 expense stipend of up to $2,500 per academic year for
17 full-time students for all 4 levels of nursing education.;
18 except that the amount of scholarships for persons studying
19 to be licensed practical nurses shall be established by the
20 Department. For purposes of calculating scholarship awards
21 for recipients attending private junior colleges or hospital
22 based nursing programs, or private colleges or universities,
23 tuition and fees for these students at private approved
24 private institutions scholarship funding shall be deemed to
25 not exceed the Statewide average tuition and fees for
26 students at public approved public institutions for the
27 academic year in which the scholarship is made.
28 (Source: P.A. 89-237, eff. 8-4-95.)
29 (110 ILCS 975/6) (from Ch. 144, par. 2756)
30 Sec. 6. Nursing requirements for scholarship recipients.
31 Within 12 months of Upon graduation from an associate degree
32 in nursing program, hospital-based diploma in nursing or
33 hospital based program, in professional nursing,
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1 baccalaureate degree in nursing program, or practical nursing
2 other program, or course of study any recipient person who
3 accepted a scholarship under Section 5 shall, during the 7
4 year period immediately following his or her graduation, be
5 employed in this State as a registered professional nurse or
6 licensed practical nurse, as each term is defined in the
7 Nursing and Advanced Practice Nursing Act, for at least one
8 year for each year of full-time scholarship support received.
9 In order to defer his or her continuous employment
10 obligation, a recipient must request the deferment in writing
11 from the Department. A recipient shall notify program staff
12 if he or she spends up to 4 years in military service before
13 or after graduation. A recipient shall notify program staff
14 if he or she is enrolled in an academic program leading to a
15 graduate degree in nursing. If a recipient receives funding
16 through the Nursing Education Scholarship Program for a
17 higher degree, the employment obligation shall be deferred
18 until he or she is no longer enrolled or has graduated. If
19 the recipient spends up to 4 years in military service before
20 or after he or she graduates, the period of military service
21 shall be excluded from the computation of that 7 year period.
22 A recipient who is enrolled in an academic program leading to
23 a graduate degree in nursing shall have the period of
24 graduate study excluded from the computation of that 7 year
25 period.
26 Calendar years of required employment will be
27 proportionally reduced for less than full academic year
28 scholarship support; provided that employment must be at
29 least 17.5 hours per week.
30 Any person who fails to fulfill the nursing employment
31 obligation requirement shall pay to the Department an amount
32 equal to the amount of scholarship funds received per year
33 for each unfulfilled year of the nursing employment
34 obligation requirement, together with interest at 7% per year
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1 on the unpaid balance. Payment must begin within 6 months
2 following the date of the occurrence initiating the
3 repayment. All repayments must be completed within 6 years
4 from the date of the occurrence initiating the repayment.
5 However, this obligation may be deferred and re-evaluated
6 every 6 months to repay does not apply when the failure to
7 fulfill the nursing employment obligation requirement results
8 from involuntarily leaving the profession due to a decrease
9 in the number of nurses employed in the State or from the
10 death or adjudication as incompetent of the person holding
11 the scholarship. No claim for repayment may be filed against
12 the estate of such a decedent or incompetent.
13 Each person applying for such a scholarship shall be
14 provided with a copy of this Section at the time of
15 application he or she applies for the benefits of such
16 scholarship.
17 (Source: P.A. 90-742, eff. 8-13-98.)
18 (110 ILCS 975/7) (from Ch. 144, par. 2757)
19 Sec. 7. Amount of scholarships. A scholarship shall be
20 for up to $2,500 per academic year for a living expenses
21 stipend for a the full-time student and up to $2,000 per
22 academic year for full-time tuition and fees, or a maximum of
23 $4,500 per academic year, less any other State or federal
24 assistance received by the recipient applicant to assist in
25 the applicant's pursuit of an associate degree in nursing, or
26 hospital based program hospital-based diploma in nursing, or
27 baccalaureate degree in nursing, or certificate in practical
28 nursing. A The amount of a scholarship for a person studying
29 to be a licensed practical nurse, however, shall be
30 determined by the Department. The full-time student applicant
31 may receive a scholarship for up to 3 academic years if
32 pursuing an associate degree in nursing or a hospital-based
33 diploma in nursing, and for up to 4 academic years if
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1 pursuing a baccalaureate degree in nursing degree. A
2 scholarship may be made to a part-time part time (but not
3 less than 1/3 time) student, but it shall cover only tuition
4 and fees and shall not exceed the aggregate of $4,000 for the
5 total time the student applicant may take to complete the
6 associate degree in nursing, or hospital-based diploma
7 hospital based program in nursing, or baccalaureate degree in
8 nursing. program. The Department may provide that
9 scholarships shall be on a quarterly or semi-annual basis and
10 shall be contingent upon the student's applicant's diligently
11 pursuing nursing applicant's studies and being a student in
12 good standing.
13 (Source: P.A. 86-1467; 87-577.)
14 (110 ILCS 975/9) (from Ch. 144, par. 2759)
15 Sec. 9. Student enrollment and obligations of
16 institutions.
17 (a) An approved institution is free to accept a student
18 an applicant in compliance with its own admissions
19 requirements, standards, and policies. The Department may
20 disburse any scholarship for tuition and fees to the approved
21 institution direct for the payment of tuition and other
22 necessary fees or for credit against the student's obligation
23 for such tuition and fees, and upon acceptance thereof the
24 approved institution shall be contractually obligated (1) to
25 provide facilities and instruction to the student on the same
26 terms as to other students generally, and (2) to provide the
27 notices and information described in this Section.
28 (b) If, in the course of any academic period, any
29 student enrolled in any approved institution pursuant to a
30 scholarship granted under this Article shall for any reason
31 cease to be a student in good standing, the institution shall
32 promptly give written notice to the Department concerning
33 such change of status and the reason therefor.
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1 (c) A student to whom a renewal scholarship has been
2 awarded may either re-enroll in the institution which he or
3 she attended during the preceding year, or enroll in any
4 other approved institution; and in either event, the
5 institution accepting the student for such enrollment or
6 re-enrollment shall notify the Department of such acceptance.
7 (Source: P.A. 86-1467.)
8 (110 ILCS 975/10) (from Ch. 144, par. 2760)
9 Sec. 10. Scholarship distribution. The Department, in
10 accordance with rules and regulations promulgated by it for
11 this program, shall develop and annually revise a scholarship
12 distribution formula that at a minimum considers, but is not
13 limited to, the following:
14 (a) The number of registered professional nurses
15 licensed in the State by the Department of Professional
16 Regulation.
17 (b) The number of licensed practical nurses licensed in
18 the State by the Department of Professional Regulation.
19 (c) The number of scholarship applicants pursuing
20 associate degree in nursing programs, hospital-based diploma
21 in nursing programs, baccalaureate degree in nursing
22 programs, and certificate in practical nursing programs at
23 approved institutions. baccalaureate degree nursing education
24 programs, associate degree professional nursing education
25 programs, diploma professional nursing education programs,
26 and approved practical nursing education programs of not less
27 than one academic year.
28 (d) The number of students enrolled in baccalaureate
29 degree nursing education programs, associate degree
30 professional nursing education programs, diploma professional
31 nursing education programs, and approved practical nursing
32 education programs of not less than one academic year.
33 (Source: P.A. 86-1467; 87-577.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 2001.