State of Illinois
91st General Assembly
Legislation

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91_HB4161eng

 
HB4161 Engrossed                               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
 
HB4161 Engrossed            -2-                LRB9111963NTdv
 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
 
HB4161 Engrossed            -3-                LRB9111963NTdv
 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
 
HB4161 Engrossed            -4-                LRB9111963NTdv
 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.
 
HB4161 Engrossed            -5-                LRB9111963NTdv
 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
 
HB4161 Engrossed            -6-                LRB9111963NTdv
 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.
 
HB4161 Engrossed            -7-                LRB9111963NTdv
 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,
 
HB4161 Engrossed            -8-                LRB9111963NTdv
 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
 
HB4161 Engrossed            -9-                LRB9111963NTdv
 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
 
HB4161 Engrossed            -10-               LRB9111963NTdv
 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.
 
HB4161 Engrossed            -11-               LRB9111963NTdv
 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.)
 
HB4161 Engrossed            -12-               LRB9111963NTdv
 1        Section  99.   Effective  date.   This  Act  takes effect
 2    January 1, 2001.

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