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92_SB0129eng SB129 Engrossed 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; SB129 Engrossed -2- LRB9202605LDpr 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 who has never been licensed previously in 17 any jurisdiction that utilizes a Department-approved 18 examination and who has taken and failed to pass the 19 examination within 3 years after filing the application must 20 submit proof of successful completion of a 21 Department-authorized nursing education program or 22 recompletion of an approved registered nursing program or 23 licensed practical nursing program, as appropriate, prior to 24 re-application.. 25 An applicant shall have one year from the date of 26 notification of successful completion of the examination to 27 apply to the Department for a license. If an applicant fails 28 to apply within one year, the applicant shall be required to 29 again take and pass the examination unless licensed in 30 another jurisdiction of the United States within one year of 31 passing the examination. 32 (c) An applicant for licensure who is a registered 33 professional nurse or a licensed practical nurse licensed by 34 examination under the laws of another state or territory of SB129 Engrossed -3- LRB9202605LDpr 1 the United States shall: 2 (1) submit a completed written application, on 3 forms supplied by the Department, and fees as established 4 by the Department; 5 (2) for registered nurse licensure, have completed 6 an approved professional nursing education program of not 7 less than 2 academic years and have graduated from the 8 program; for licensed practical nurse licensure, have 9 completed an approved practical nursing education program 10 of not less than one academic year and have graduated 11 from the program; 12 (3) submit verification of licensure status 13 directly from the United States jurisdiction of 14 licensure; 15 (4) have passed the examination authorized by the 16 Department; 17 (5) meet all other requirements as established by 18 rule. 19 (d) All applicants for licensure pursuant to this 20 Section who are graduates of nursing educational programs in 21 a country other than the United States or its territories 22 must submit to the Department certification of successful 23 completion of the Commission of Graduates of Foreign Nursing 24 Schools (CGFNS) examination. An applicant, who is unable to 25 provide appropriate documentation to satisfy CGFNS of her or 26 his educational qualifications for the CGFNS examination, 27 shall be required to pass an examination to test competency 28 in the English language which shall be prescribed by the 29 Department, if the applicant is determined by the Board to be 30 educationally prepared in nursing. The Board shall make 31 appropriate inquiry into the reasons for any adverse 32 determination by CGFNS before making its own decision. 33 An applicant licensed in another state or territory who 34 is applying for licensure and has received her or his SB129 Engrossed -4- LRB9202605LDpr 1 education in a country other than the United States or its 2 territories shall be exempt from the completion of the 3 Commission of Graduates of Foreign Nursing Schools (CGFNS) 4 examination if the applicant meets all of the following 5 requirements: 6 (1) successful passage of the licensure examination 7 authorized by the Department; 8 (2) holds an active, unencumbered license in 9 another state; and 10 (3) has been actively practicing for a minimum of 2 11 years in another state. 12 (e) (Blank).No applicant shall be issued a license as13a registered nurse or practical nurse under this Section14unless he or she has passed the examination authorized by the15Department within 3 years of completion and graduation from16an approved nursing education program, unless such applicant17submits proof of successful completion of a18Department-authorized remedial nursing education program or19recompletion of an approved registered nursing program or20licensed practical nursing program, as appropriate.21 (f) Pending the issuance of a license under subsection 22 (b) of this Section, the Department may grant an applicant a 23 temporary license to practice nursing as a registered nurse 24 or as a licensed practical nurse if the Department is 25 satisfied that the applicant holds an active, unencumbered 26 license in good standing in another jurisdiction. If the 27 applicant holds more than one current active license, or one 28 or more active temporary licenses from other jurisdictions, 29 the Department shall not issue a temporary license until it 30 is satisfied that each current active license held by the 31 applicant is unencumbered. The temporary license, which 32 shall be issued no later than 14 working days following 33 receipt by the Department of an application for the temporary 34 license, shall be granted upon the submission of the SB129 Engrossed -5- LRB9202605LDpr 1 following to the Department: 2 (1) a signed and completed application for 3 licensure under subsection (a) of this Section as a 4 registered nurse or a licensed practical nurse; 5 (2) proof of a current, active license in at least 6 one other jurisdiction and proof that each current active 7 license or temporary license held by the applicant is 8 unencumbered; 9 (3) a signed and completed application for a 10 temporary license; and 11 (4) the required permit fee. 12 (g) The Department may refuse to issue an applicant a 13 temporary license authorized pursuant to this Section if, 14 within 14 working days following its receipt of an 15 application for a temporary license, the Department 16 determines that: 17 (1) the applicant has been convicted of a crime 18 under the laws of a jurisdiction of the United States: 19 (i) which is a felony; or (ii) which is a misdemeanor 20 directly related to the practice of the profession, 21 within the last 5 years; 22 (2) within the last 5 years the applicant has had a 23 license or permit related to the practice of nursing 24 revoked, suspended, or placed on probation by another 25 jurisdiction, if at least one of the grounds for 26 revoking, suspending, or placing on probation is the same 27 or substantially equivalent to grounds in Illinois; or 28 (3) it intends to deny licensure by endorsement. 29 For purposes of this Section, an "unencumbered license" 30 means a license against which no disciplinary action has been 31 taken or is pending and for which all fees and charges are 32 paid and current. 33 (h) The Department may revoke a temporary license issued 34 pursuant to this Section if: SB129 Engrossed -6- LRB9202605LDpr 1 (1) it determines that the applicant has been 2 convicted of a crime under the law of any jurisdiction of 3 the United States that is (i) a felony or (ii) a 4 misdemeanor directly related to the practice of the 5 profession, within the last 5 years; 6 (2) it determines that within the last 5 years the 7 applicant has had a license or permit related to the 8 practice of nursing revoked, suspended, or placed on 9 probation by another jurisdiction, if at least one of the 10 grounds for revoking, suspending, or placing on probation 11 is the same or substantially equivalent to grounds in 12 Illinois; or 13 (3) it determines that it intends to deny licensure 14 by endorsement. 15 A temporary license or renewed temporary license shall 16 expire (i) upon issuance of an Illinois license or (ii) upon 17 notification that the Department intends to deny licensure by 18 endorsement. A temporary license shall expire 6 months from 19 the date of issuance. Further renewal may be granted by the 20 Department in hardship cases, as defined by rule. However, a 21 temporary license shall automatically expire upon issuance of 22 the Illinois license or upon notification that the Department 23 intends to deny licensure, whichever occurs first. No 24 extensions shall be granted beyond the 6-month period unless 25 approved by the Director. Notification by the Department 26 under this Section shall be by certified or registered mail. 27 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.