HB2436eng 92nd General Assembly


92_HB2436eng

 
HB2436 Engrossed                              LRB9204486NTsbA

 1        AN ACT concerning higher education.

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

 4        Section 5.  The  Nursing  Education  Scholarship  Law  is
 5    amended  by  changing Sections 2, 3, 4, 5, 6, 7, 9, and 10 as
 6    follows:

 7        (110 ILCS 975/2) (from Ch. 144, par. 2752)
 8        Sec. 2.  Legislative finding and declaration  of  policy.
 9    The  General  Assembly  finds  and  hereby  declares that the
10    provision of a  higher  education  leading  to  an  associate
11    degree  in  of  nursing,  an  associate  degree in of applied
12    sciences in nursing, a  hospital-based  diploma  in  hospital
13    based  nursing,  program  diploma,  completion of a practical
14    nursing education program,  and  a  baccalaureate  degree  in
15    nursing, or a certificate in practical nursing for persons of
16    this  State  who desire such an education is important to the
17    health, welfare and security of this State  and  Nation,  and
18    consequently  is an important public purpose.  Many qualified
19    and potential nurses are deterred by financial considerations
20    from  pursuing  their  nursing  education,  with   consequent
21    irreparable  loss to the State and Nation of talents vital to
22    health, welfare and  security.   A  system  of  scholarships,
23    repayment  of  which  may  be  excused  if  the individual is
24    employed as a registered practices professional nurse nursing
25    or a licensed practical  nurse  nursing  after  obtaining  an
26    associate  degree  in nursing, associate degree in of applied
27    sciences in nursing, or hospital-based diploma in  completing
28    a   practical   nursing  education  program,  hospital  based
29    nursing,  program  diploma,  or  a  baccalaureate  degree  in
30    nursing, or certificate in  practical  nursing,  will  enable
31    such individuals to attend approved qualified institutions of
 
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 1    their choice in the State, public or private.
 2    (Source: P.A. 89-237, eff. 8-4-95.)

 3        (110 ILCS 975/3) (from Ch. 144, par. 2753)
 4        Sec. 3.  Definitions.
 5        The  following  terms, whenever used or referred to, have
 6    the following  meanings  except  where  the  context  clearly
 7    indicates otherwise:
 8        (1)  "Board"  means the Board of Higher Education created
 9    by the Board of Higher Education Act.
10        (2)  "Department" means the Illinois Department of Public
11    Health.
12        (3)  "Approved  institution"  means  a  public  community
13    college, private junior college,  hospital-based  diploma  in
14    hospital  based nursing program, or public or private college
15    or university located in this State that which  has  National
16    League   for   Nursing   accreditation  or  approval  by  the
17    Department of Professional Regulation for  an  the  associate
18    degree  program  in  nursing  program, associate degree in of
19    applied sciences in nursing program,  hospital-based  diploma
20    in  hospital  based  nursing  program  diploma, baccalaureate
21    degree  in  nursing  program,  or  certificate  in  practical
22    nursing education program of not less than one academic year,
23    or baccalaureate degree in nursing.
24        (4)  "Baccalaureate degree in nursing  program"  means  a
25    program  offered  by an approved institution and leading to a
26    bachelor of science degree in nursing.
27        (5)  "Enrollment" means the establishment and maintenance
28    of an  individual's  status  as  a  student  in  an  approved
29    institution,  regardless of the terms used at the institution
30    to describe such status.
31        (6)  "Academic  year"  means  the  period  of  time  from
32    September 1 of one year through August 31 of the next year or
33    as otherwise defined by the academic institution.
 
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 1        (7)  "Associate   degree   in    nursing    program    or
 2    hospital-based  diploma  in  nursing  hospital based program"
 3    means a  program  offered  by  an  approved  institution  and
 4    leading  to  an the associate degree in of nursing, associate
 5    degree in of applied sciences in nursing,  or  hospital-based
 6    diploma in nursing hospital based nursing program diploma.
 7        (8)  "Director"   means  the  Director  of  the  Illinois
 8    Department of Public Health.
 9        (9)  "Accepted  for  admission"  means  a   student   has
10    completed the requirements for entry into an associate degree
11    in  nursing  program, associate degree in applied sciences in
12    nursing program, hospital-based diploma in  nursing  program,
13    baccalaureate  degree  in  nursing program, or certificate in
14    practical nursing program  at  an  approved  institution,  as
15    documented by the institution.
16        (10)  "Fees"  means  those mandatory charges, in addition
17    to tuition, that all enrolled students  must  pay,  including
18    required course or lab fees.
19        (11)  "Full-time student" means a student enrolled for at
20    least  12  hours  per  term or as otherwise determined by the
21    academic institution.
22        (12)  "Law" means the Nursing Education Scholarship Law.
23        (13)  "Nursing employment obligation" means employment in
24    this State as a registered  professional  nurse  or  licensed
25    practical nurse in direct patient care to meet the obligation
26    incurred  by  accepting funding through the Nursing Education
27    Scholarship Program.
28        (14)  "Part-time student" means a person who is  enrolled
29    for  at  least  one-third of the number of hours required per
30    term by a school for its full-time students.
31        (15)  "Practical nursing program" means a program offered
32    by an  approved  institution  leading  to  a  certificate  in
33    practical nursing.
34        (16)  "Registered  professional nurse" means a person who
 
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 1    is currently licensed as a registered professional  nurse  by
 2    the  Department  of Professional Regulation under the Nursing
 3    and Advanced Practice Nursing Act.
 4        (17)  "Licensed practical nurse" means a  person  who  is
 5    currently  licensed  as  a  licensed  practical  nurse by the
 6    Department of Professional Regulation under the  Nursing  and
 7    Advanced Practice Nursing Act.
 8        (18)  "School  term"  means  an  academic term, such as a
 9    semester, quarter, trimester, or number of  clock  hours,  as
10    defined by an approved institution.
11        (19)  "Student   in   good   standing"  means  a  student
12    maintaining a cumulative grade point average equivalent to at
13    least the academic grade of a "C".
14        (20)  "Total and permanent disability" means  a  physical
15    or  mental impairment, disease, or loss of a permanent nature
16    that prevents nursing employment with or  without  reasonable
17    accommodation.   Proof  of  disability shall be a declaration
18    from the social security administration, Illinois  Industrial
19    Commission,  Department  of Defense, or an insurer authorized
20    to transact business in Illinois who is providing  disability
21    insurance coverage to a contractor.
22        (21)  "Tuition"  means  the  established  charges  of  an
23    institution  of  higher  learning  for  instruction  at  that
24    institution.
25    (Source: P.A. 86-1467; 87-577.)

26        (110 ILCS 975/4) (from Ch. 144, par. 2754)
27        Sec.  4.   Functions  of Department. The Department shall
28    prepare and supervise  the  issuance  of  public  information
29    about  the provisions of this Article; prescribe the form and
30    regulate the submission  of  applications  for  scholarships;
31    determine   the   eligibility   of   applicants;   award  the
32    appropriate scholarships; prescribe the  contracts  or  other
33    acknowledgments of scholarship which an applicant is required
 
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 1    to  execute;  and  determine  whether  all  or  any part of a
 2    recipient's an applicant's scholarship needs to be monetarily
 3    repaid, or has been excused from repayment, and the extent of
 4    any repayment  or  excused  repayment.   The  Department  may
 5    require  a  scholarship  recipient to reimburse the State for
 6    expenses, including  but  not  limited  to  attorney's  fees,
 7    incurred  by the Department or other agent of the State for a
 8    successful legal action against the recipient for a breach of
 9    any provision of the scholarship contract.  In  a  breach  of
10    contract,   the   Department  may  utilize  referral  to  the
11    Department of Professional  Regulation  to  revoke,  suspend,
12    refuse  to renew, place on probationary status, or take other
13    disciplinary action concerning the  recipient's  credentials.
14    The Department is authorized to make all necessary and proper
15    rules,  not inconsistent with this Article, for the efficient
16    exercise of the foregoing functions.
17    (Source: P.A. 86-1467.)

18        (110 ILCS 975/5) (from Ch. 144, par. 2755)
19        Sec.  5.   Nursing  education   full-time   undergraduate
20    scholarships.  Beginning  with the fall term of the 1991-1992
21    academic year, 500 scholarships shall be provided  each  year
22    for  qualified  individuals  who  desire to enter an approved
23    institution  awarding  an  associate   degree   in   nursing,
24    hospital-based  diploma in nursing, diploma, or baccalaureate
25    degree in nursing, or certificate  in  offering  an  approved
26    practical  nursing  education  program  of  not less than one
27    academic year. Of the 500 scholarships provided each year, at
28    least 10%  50  shall  go  to  persons  entering  an  approved
29    practical  nursing  education  program  of  not less than one
30    academic year.  The Department, in accordance with rules  and
31    regulations promulgated by it for this program, shall provide
32    funding  and  shall designate each year's new recipients from
33    among those  applicants  who  qualify  for  consideration  by
 
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 1    showing:
 2             (1)  that  he  or  she  has  been a resident of this
 3        State for at least one year prior to application, and  is
 4        a  citizen  or  a  lawful permanent resident alien of the
 5        United States;
 6             (2)  that he or she is enrolled in or accepted proof
 7        of enrollment or acceptance for admission to an associate
 8        degree in a  practical  nursing  program,  hospital-based
 9        associate  degree nursing, diploma in nursing program, or
10        baccalaureate degree in  nursing  program,  or  practical
11        nursing program at an approved institution; and
12             (3)  that  he or she agrees to be employed providing
13        direct patient care serve as  a  registered  professional
14        nurse   or   licensed  practical  nurse  in  Illinois  in
15        accordance with Section 6.
16        If in any year the number of qualified applicants exceeds
17    the number of scholarships  to  be  awarded,  the  Department
18    shall  give  priority in awarding scholarships to students in
19    the greatest  financial  need  as  shown  on  a  standardized
20    financial   needs   assessment  form  used  by  the  approved
21    institution.  The Department shall consider factors  such  as
22    the  applicant's  family  income, the size of the applicant's
23    family and the number of other children  in  the  applicant's
24    family  attending  college,  and whether the applicant is the
25    head of the household in determining the  financial  need  of
26    the individual.
27        Unless  otherwise  indicated, these scholarships shall be
28    awarded good for  a  period  of  up  to  3  years  while  the
29    recipient  is  enrolled  in an associate degree in nursing or
30    hospital-based diploma in  nursing  program  at  an  approved
31    institution,  for  a  period  of  for  residence  credit at a
32    community college, private junior college or  hospital  based
33    nursing  program,  and up to 4 years if enrolled in applicant
34    is pursuing a baccalaureate degree in nursing program  at  an
 
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 1    approved  institution,  and for a period of up to one year if
 2    enrolled in a certificate in practical nursing program at  an
 3    approved   institution.   a  public  or  private  college  or
 4    university;  except  that  the  length  of  scholarships  for
 5    persons studying to be licensed  practical  nurses  shall  be
 6    established   by   the  Department.   At  least  1/2  of  the
 7    scholarships awarded shall be for recipients who shall attend
 8    State  supported  schools.   The  scholarship   shall   cover
 9    tuition, fees of up to $2,000 per academic year, and a living
10    expense  stipend  of  up  to  $2,500  per  academic  year for
11    full-time students for all 4 levels  of  nursing  education.;
12    except  that  the amount of scholarships for persons studying
13    to be licensed practical nurses shall be established  by  the
14    Department.   For  purposes of calculating scholarship awards
15    for recipients attending private junior colleges or  hospital
16    based  nursing programs, or private colleges or universities,
17    tuition and fees  for  these  students  at  private  approved
18    private  institutions, scholarship funding shall be deemed to
19    not  exceed  the  Statewide  average  tuition  and  fees  for
20    students at  public  approved  public  institutions  for  the
21    academic year in which the scholarship is made.
22    (Source: P.A. 89-237, eff. 8-4-95.)

23        (110 ILCS 975/6) (from Ch. 144, par. 2756)
24        Sec. 6.  Nursing requirements for scholarship recipients.
25    Within  12  months  after  Upon  graduation from an associate
26    degree in nursing program, hospital-based diploma in  nursing
27    or   hospital   based   program,   in  professional  nursing,
28    baccalaureate degree in nursing program,  or  certificate  in
29    practical  nursing  other  program,  or  course  of study any
30    recipient person who accepted a scholarship under  Section  5
31    shall   begin   meeting   the   required  nursing  employment
32    obligation, during the 7 year  period  immediately  following
33    his  or  her  graduation,  be  employed  in  this  State as a
 
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 1    registered professional nurse or licensed practical nurse, as
 2    each term  defined  in  the  Nursing  and  Advanced  Practice
 3    Nursing Act, for at least one year for each year of full-time
 4    scholarship  support  received.  In order to defer his or her
 5    continuous employment obligation, a  recipient  must  request
 6    the  deferment  in  writing  from the Department. A recipient
 7    shall notify program staff within 30 days if he or she spends
 8    up to 4 years in military service before or after graduation.
 9    A recipient shall notify program staff within 30 days  if  he
10    or  she  is  enrolled  in  an  academic  program leading to a
11    graduate degree in nursing.  If a recipient receives  funding
12    through  the  Nursing  Education  Scholarship  Program  for a
13    higher degree, the nursing  employment  obligation  shall  be
14    deferred  until  he  or  she  is  no  longer  enrolled or has
15    graduated.  The recipient must  begin  meeting  the  required
16    nursing  employment  obligations no later than 6 months after
17    the end of the deferments.  If the recipient spends up  to  4
18    years   in  military  service  before  or  after  he  or  she
19    graduates, the period of military service shall  be  excluded
20    from  the computation of that 7 year period.  A recipient who
21    is enrolled in an academic  program  leading  to  a  graduate
22    degree  in  nursing  shall  have the period of graduate study
23    excluded from the computation of that 7 year period.
24        Calendar   years   of   required   employment   will   be
25    proportionally reduced  for  less  than  full  academic  year
26    scholarship  support;  provided  that  employment  must be at
27    least 17.5 hours per week.
28        Any person who fails to fulfill  the  nursing  employment
29    obligation  requirement shall pay to the Department an amount
30    equal to the amount of scholarship funds  received  per  year
31    for   each   unfulfilled   year  of  the  nursing  employment
32    obligation requirement, together with interest at 7% per year
33    on the unpaid balance.  Payment must begin  within  6  months
34    following   the   date   of  the  occurrence  initiating  the
 
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 1    repayment.  All repayments must be completed within  6  years
 2    from  the  date  of  the occurrence initiating the repayment.
 3    However, this obligation may  be  deferred  and  re-evaluated
 4    every  6  months  to repay does not apply when the failure to
 5    fulfill the nursing employment obligation requirement results
 6    from involuntarily leaving the profession due to  a  decrease
 7    in  the  number  of  nurses employed in the State or when the
 8    failure to fulfill the nursing employment obligation  results
 9    from   total   and   permanent   disability.   The  repayment
10    obligation shall be excused if the  failure  to  fulfill  the
11    nursing  employment  obligation  results  from  the  death or
12    adjudication  as  incompetent  of  the  person  holding   the
13    scholarship.  No claim for repayment may be filed against the
14    estate of such a decedent or incompetent.
15        Each  person  applying  for  such  a scholarship shall be
16    provided  with  a  copy  of  this  Section  at  the  time  of
17    application he or  she  applies  for  the  benefits  of  such
18    scholarship.
19    (Source: P.A. 90-742, eff. 8-13-98.)

20        (110 ILCS 975/7) (from Ch. 144, par. 2757)
21        Sec.  7.  Amount of scholarships. A full-time scholarship
22    shall be for up to $2,500 per  academic  year  for  a  living
23    expenses stipend for a the full-time student and up to $2,000
24    per  academic  year  for  full-time  tuition  and  fees, or a
25    maximum of $4,500 per academic year, less any other State  or
26    federal  assistance  received  by  the recipient applicant to
27    assist in the applicant's pursuit of an associate  degree  in
28    nursing,  or hospital based program hospital-based diploma in
29    nursing, or baccalaureate degree in nursing,  or  certificate
30    in  practical  nursing.  A  The amount of a scholarship for a
31    person studying to be a licensed  practical  nurse,  however,
32    shall  be determined by the Department. The full-time student
33    applicant may receive a scholarship  for  up  to  3  academic
 
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 1    years  if  pursuing  an  associate  degree  in  nursing  or a
 2    hospital-based diploma in nursing, and for up to  4  academic
 3    years  if  pursuing a baccalaureate degree in nursing, or for
 4    up  to  one  academic  year  if  pursuing  a  certificate  in
 5    practical nursing degree.  A scholarship may  be  made  to  a
 6    part-time part time (but not less than 1/3 time) student, but
 7    it shall cover only tuition and fees and shall not exceed the
 8    aggregate  of $4,000 for the total time the student applicant
 9    may take to complete the  associate  degree  in  nursing,  or
10    hospital-based  diploma hospital based program in nursing, or
11    baccalaureate degree in nursing  and  shall  not  exceed  the
12    aggregate  of  $2,000  for a certificate in practical nursing
13    program.  The Department may provide that scholarships  shall
14    be   on  a  quarterly  or  semi-annual  basis  and  shall  be
15    contingent upon the student's applicant's diligently pursuing
16    nursing applicant's studies  and  being  a  student  in  good
17    standing.
18    (Source: P.A. 86-1467; 87-577.)

19        (110 ILCS 975/9) (from Ch. 144, par. 2759)
20        Sec.   9.    Student   enrollment   and   obligations  of
21    institutions.
22        (a)  An approved institution is free to accept a  student
23    an   applicant   in   compliance   with  its  own  admissions
24    requirements, standards, and policies.   The  Department  may
25    disburse any scholarship for tuition and fees to the approved
26    institution  direct  for  the  payment  of  tuition and other
27    necessary fees or for credit against the student's obligation
28    for such tuition and fees, and upon  acceptance  thereof  the
29    approved  institution shall be contractually obligated (1) to
30    provide facilities and instruction to the student on the same
31    terms as to other students generally, and (2) to provide  the
32    notices and information described in this Section.
33        (b)  If,  in  the  course  of  any  academic  period, any
 
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 1    student enrolled in any approved institution  pursuant  to  a
 2    scholarship  granted  under this Article shall for any reason
 3    cease to be a student in good standing, the institution shall
 4    promptly give written notice  to  the  Department  concerning
 5    such change of status and the reason therefor.
 6        (c)  A  student  to  whom  a renewal scholarship has been
 7    awarded may either re-enroll in the institution which  he  or
 8    she  attended  during  the  preceding  year, or enroll in any
 9    other  approved  institution;  and  in  either   event,   the
10    institution  accepting  the  student  for  such enrollment or
11    re-enrollment shall notify the Department of such acceptance.
12    (Source: P.A. 86-1467.)

13        (110 ILCS 975/10) (from Ch. 144, par. 2760)
14        Sec. 10.  Scholarship distribution.  The  Department,  in
15    accordance  with  rules and regulations promulgated by it for
16    this program, shall develop and annually revise a scholarship
17    distribution formula that at a minimum considers, but is  not
18    limited to, the following:
19        (a)  The   number   of   registered  professional  nurses
20    licensed in the  State  by  the  Department  of  Professional
21    Regulation.
22        (b)  The  number of licensed practical nurses licensed in
23    the State by the Department of Professional Regulation.
24        (c)  The  number  of  scholarship   applicants   pursuing
25    associate  degree in nursing programs, hospital-based diploma
26    in  nursing  programs,  baccalaureate   degree   in   nursing
27    programs,  and  certificate  in practical nursing programs at
28    approved institutions. baccalaureate degree nursing education
29    programs, associate  degree  professional  nursing  education
30    programs,  diploma  professional  nursing education programs,
31    and approved practical nursing education programs of not less
32    than one academic year.
33        (d)  The number of  students  enrolled  in  baccalaureate
 
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 1    degree   nursing   education   programs,   associate   degree
 2    professional nursing education programs, diploma professional
 3    nursing  education  programs,  and approved practical nursing
 4    education programs of not less than one academic year.
 5    (Source: P.A. 86-1467; 87-577.)

 6        Section 99.   Effective  date.   This  Act  takes  effect
 7    January 1, 2002.
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State of Illinois 92nd General Assembly Legislation

State of Illinois
92^nd General Assembly
Legislation
