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92_SB0129
LRB9202605LDpr
1 AN ACT in relation to nursing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing and Advanced Practice Nursing Act
5 is amended by changing Section 10-30 as follows:
6 (225 ILCS 65/10-30)
7 Sec. 10-30. Qualifications for licensure.
8 (a) Each applicant who successfully meets the
9 requirements of this Section shall be entitled to licensure
10 as a Registered Nurse or Licensed Practical Nurse, whichever
11 is applicable.
12 (b) An applicant for licensure by examination to
13 practice as a registered nurse or licensed practical nurse
14 shall:
15 (1) submit a completed written application, on
16 forms provided by the Department and fees as established
17 by the Department;
18 (2) for registered nurse licensure, have completed
19 an approved professional nursing education program of not
20 less than 2 academic years and have graduated from the
21 program; for licensed practical nurse licensure, have
22 completed an approved practical nursing education program
23 of not less than one academic year and have graduated
24 from the program;
25 (3) have not violated the provisions of Section
26 10-45 of this Act. The Department may take into
27 consideration any felony conviction of the applicant, but
28 such a conviction shall not operate as an absolute bar to
29 licensure;
30 (4) meet all other requirements as established by
31 rule;
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1 (5) pay, either to the Department or its designated
2 testing service, a fee covering the cost of providing the
3 examination. Failure to appear for the examination on the
4 scheduled date at the time and place specified after the
5 applicant's application for examination has been received
6 and acknowledged by the Department or the designated
7 testing service shall result in the forfeiture of the
8 examination fee.
9 If an applicant neglects, fails, or refuses to take an
10 examination or fails to pass an examination for a license
11 under this Act within 3 years after filing the application,
12 the application shall be denied. However, the applicant may
13 make a new application accompanied by the required fee and
14 provide evidence of meeting the requirements in force at the
15 time of the new application.
16 An applicant shall have one year from the date of
17 notification of successful completion of the examination to
18 apply to the Department for a license. If an applicant fails
19 to apply within one year, the applicant shall be required to
20 again take and pass the examination unless licensed in
21 another jurisdiction of the United States within one year of
22 passing the examination.
23 (c) An applicant for licensure who is a registered
24 professional nurse or a licensed practical nurse licensed by
25 examination under the laws of another state or territory of
26 the United States shall:
27 (1) submit a completed written application, on
28 forms supplied by the Department, and fees as established
29 by the Department;
30 (2) for registered nurse licensure, have completed
31 an approved professional nursing education program of not
32 less than 2 academic years and have graduated from the
33 program; for licensed practical nurse licensure, have
34 completed an approved practical nursing education program
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1 of not less than one academic year and have graduated
2 from the program;
3 (3) submit verification of licensure status
4 directly from the United States jurisdiction of
5 licensure;
6 (4) have passed the examination authorized by the
7 Department;
8 (5) meet all other requirements as established by
9 rule.
10 (d) All applicants for licensure pursuant to this
11 Section who are graduates of nursing educational programs in
12 a country other than the United States or its territories
13 must submit to the Department certification of successful
14 completion of the Commission of Graduates of Foreign Nursing
15 Schools (CGFNS) examination. An applicant, who is unable to
16 provide appropriate documentation to satisfy CGFNS of her or
17 his educational qualifications for the CGFNS examination,
18 shall be required to pass an examination to test competency
19 in the English language which shall be prescribed by the
20 Department, if the applicant is determined by the Board to be
21 educationally prepared in nursing. The Board shall make
22 appropriate inquiry into the reasons for any adverse
23 determination by CGFNS before making its own decision.
24 An applicant licensed in another state or territory who
25 is applying for licensure and has received her or his
26 education in a country other than the United States or its
27 territories shall be exempt from the completion of the
28 Commission of Graduates of Foreign Nursing Schools (CGFNS)
29 examination if the applicant meets all of the following
30 requirements:
31 (1) successful passage of the licensure examination
32 authorized by the Department;
33 (2) holds an active, unencumbered license in
34 another state; and
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1 (3) has been actively practicing for a minimum of 2
2 years in another state.
3 (e) No applicant shall be issued a license as a
4 registered nurse or practical nurse under this Section unless
5 he or she has passed the examination authorized by the
6 Department within 3 years of completion and graduation from
7 an approved nursing education program, unless such applicant
8 submits proof of successful completion of a
9 Department-authorized remedial nursing education program or
10 recompletion of an approved registered nursing program or
11 licensed practical nursing program, as appropriate. This
12 subsection (e) does not apply to applicants educated and
13 licensed under laws of another jurisdiction, including
14 applicants educated and licensed under the laws of a foreign
15 country, territory, or province.
16 (f) Pending the issuance of a license under subsection
17 (b) of this Section, the Department may grant an applicant a
18 temporary license to practice nursing as a registered nurse
19 or as a licensed practical nurse if the Department is
20 satisfied that the applicant holds an active, unencumbered
21 license in good standing in another jurisdiction. If the
22 applicant holds more than one current active license, or one
23 or more active temporary licenses from other jurisdictions,
24 the Department shall not issue a temporary license until it
25 is satisfied that each current active license held by the
26 applicant is unencumbered. The temporary license, which
27 shall be issued no later than 14 working days following
28 receipt by the Department of an application for the temporary
29 license, shall be granted upon the submission of the
30 following to the Department:
31 (1) a signed and completed application for
32 licensure under subsection (a) of this Section as a
33 registered nurse or a licensed practical nurse;
34 (2) proof of a current, active license in at least
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1 one other jurisdiction and proof that each current active
2 license or temporary license held by the applicant is
3 unencumbered;
4 (3) a signed and completed application for a
5 temporary license; and
6 (4) the required permit fee.
7 (g) The Department may refuse to issue an applicant a
8 temporary license authorized pursuant to this Section if,
9 within 14 working days following its receipt of an
10 application for a temporary license, the Department
11 determines that:
12 (1) the applicant has been convicted of a crime
13 under the laws of a jurisdiction of the United States:
14 (i) which is a felony; or (ii) which is a misdemeanor
15 directly related to the practice of the profession,
16 within the last 5 years;
17 (2) within the last 5 years the applicant has had a
18 license or permit related to the practice of nursing
19 revoked, suspended, or placed on probation by another
20 jurisdiction, if at least one of the grounds for
21 revoking, suspending, or placing on probation is the same
22 or substantially equivalent to grounds in Illinois; or
23 (3) it intends to deny licensure by endorsement.
24 For purposes of this Section, an "unencumbered license"
25 means a license against which no disciplinary action has been
26 taken or is pending and for which all fees and charges are
27 paid and current.
28 (h) The Department may revoke a temporary license issued
29 pursuant to this Section if:
30 (1) it determines that the applicant has been
31 convicted of a crime under the law of any jurisdiction of
32 the United States that is (i) a felony or (ii) a
33 misdemeanor directly related to the practice of the
34 profession, within the last 5 years;
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1 (2) it determines that within the last 5 years the
2 applicant has had a license or permit related to the
3 practice of nursing revoked, suspended, or placed on
4 probation by another jurisdiction, if at least one of the
5 grounds for revoking, suspending, or placing on probation
6 is the same or substantially equivalent to grounds in
7 Illinois; or
8 (3) it determines that it intends to deny licensure
9 by endorsement.
10 A temporary license or renewed temporary license shall
11 expire (i) upon issuance of an Illinois license or (ii) upon
12 notification that the Department intends to deny licensure by
13 endorsement. A temporary license shall expire 6 months from
14 the date of issuance. Further renewal may be granted by the
15 Department in hardship cases, as defined by rule. However, a
16 temporary license shall automatically expire upon issuance of
17 the Illinois license or upon notification that the Department
18 intends to deny licensure, whichever occurs first. No
19 extensions shall be granted beyond the 6-month period unless
20 approved by the Director. Notification by the Department
21 under this Section shall be by certified or registered mail.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.