State of Illinois
92^nd General Assembly
Legislation

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92_SB2223eng

 
SB2223 Engrossed                               LRB9213174ACcd

 1        AN ACT concerning the practice of 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 Sections 5-23  and  10-30  and  adding
 6    Section 15-13 as follows:

 7        (225 ILCS 65/5-23)
 8        (Section scheduled to be repealed on January 1, 2008)
 9        Sec.   5-23.    Criminal  background  check.   After  the
10    effective date of this amendatory Act  of  the  91st  General
11    Assembly,  the  Department  shall  require  an  applicant for
12    initial licensure under this Act  to  submit  to  a  criminal
13    background check by the Illinois State Police and the Federal
14    Bureau  of  Investigation  as  part  of the qualification for
15    licensure.   If  an  applicant's  criminal  background  check
16    indicates criminal conviction,  the  applicant  must  further
17    submit to a fingerprint-based criminal background check.  The
18    Department shall adopt rules to implement this Section.
19    (Source: P.A. 91-369, eff. 1-1-00.)

20        (225 ILCS 65/10-30)
21        (Section scheduled to be repealed on January 1, 2008)
22        Sec. 10-30. Qualifications for licensure.
23        (a)  Each    applicant   who   successfully   meets   the
24    requirements of this Section shall be entitled  to  licensure
25    as  a Registered Nurse or Licensed Practical Nurse, whichever
26    is applicable.
27        (b)  An  applicant  for  licensure  by   examination   to
28    practice  as  a  registered nurse or licensed practical nurse
29    shall:
30             (1)  submit  a  completed  written  application,  on
 
SB2223 Engrossed            -2-                LRB9213174ACcd
 1        forms provided by the Department and fees as  established
 2        by the Department;
 3             (2)  for  registered nurse licensure, have graduated
 4        from  a  completed  an  approved   professional   nursing
 5        education  program approved by the Department of not less
 6        than  2  academic  years  and  have  graduated  from  the
 7        program;
 8             (2.5)  for licensed practical nurse licensure,  have
 9        graduate  from  a completed an approved practical nursing
10        education program approved by the Department of not  less
11        than  one  academic  year  and  have  graduated  from the
12        program;
13             (3)  have not violated  the  provisions  of  Section
14        10-45   of  this  Act.   The  Department  may  take  into
15        consideration any felony conviction of the applicant, but
16        such a conviction shall not operate as an absolute bar to
17        licensure;
18             (4)  meet all other requirements as  established  by
19        rule;
20             (5)  pay, either to the Department or its designated
21        testing service, a fee covering the cost of providing the
22        examination. Failure to appear for the examination on the
23        scheduled  date at the time and place specified after the
24        applicant's application for examination has been received
25        and acknowledged by  the  Department  or  the  designated
26        testing  service  shall  result  in the forfeiture of the
27        examination fee.
28        If an applicant neglects, fails, or refuses  to  take  an
29    examination  or  fails  to  pass an examination for a license
30    under this Act within 3 years after filing  the  application,
31    the  application shall be denied.  However, the applicant may
32    make a new application accompanied by the  required  fee  and
33    provide  evidence of meeting the requirements in force at the
34    time of the new application.
 
SB2223 Engrossed            -3-                LRB9213174ACcd
 1        An  applicant  may  take  and  successfully  complete   a
 2    Department-approved   examination  in  another  jurisdiction.
 3    However, an applicant who has never been licensed  previously
 4    in  any  jurisdiction  that  utilizes  a  Department-approved
 5    examination  and  who  has  taken  and  failed  to  pass  the
 6    examination  within 3 years after filing the application must
 7    submit    proof    of    successful    completion    of     a
 8    Department-authorized    nursing    education    program   or
 9    recompletion of an approved  registered  nursing  program  or
10    licensed  practical nursing program, as appropriate, prior to
11    re-application.
12        An applicant  shall  have  one  year  from  the  date  of
13    notification  of  successful completion of the examination to
14    apply to the Department for a license.  If an applicant fails
15    to apply within one year, the applicant shall be required  to
16    again  take  and  pass  the  examination  unless  licensed in
17    another jurisdiction of the United States within one year  of
18    passing the examination.
19        (c)  An  applicant  for licensure by endorsement who is a
20    registered professional nurse or a licensed  practical  nurse
21    licensed  by  examination  under the laws of another state or
22    territory  of  the  United  States  or  a  foreign   country,
23    jurisdiction, territory, or province shall:
24             (1)  submit  a  completed  written  application,  on
25        forms supplied by the Department, and fees as established
26        by the Department;
27             (2)  for  registered nurse licensure, have graduated
28        from  a  completed  an  approved   professional   nursing
29        education  program approved by the Department of not less
30        than  2  academic  years  and  have  graduated  from  the
31        program;
32             (2.5)  for licensed practical nurse licensure,  have
33        graduated  from a completed an approved practical nursing
34        education program approved by the Department of not  less
 
SB2223 Engrossed            -4-                LRB9213174ACcd
 1        than  one  academic  year  and  have  graduated  from the
 2        program;
 3             (3)  submit   verification   of   licensure   status
 4        directly  from  the   United   States   jurisdiction   of
 5        licensure, if applicable, as defined by rule;
 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  registered  nurse  licensure
11    pursuant to item (2)  of  subsection  (b)  and  item  (2)  of
12    subsection  (c)  of this Section who are graduates of nursing
13    educational programs in  a  country  other  than  the  United
14    States  or  its  territories  must  submit  to the Department
15    certification of successful completion of the  Commission  of
16    Graduates  of Foreign Nursing Schools (CGFNS) examination. An
17    applicant, who is unable to provide appropriate documentation
18    to satisfy CGFNS of her or his educational qualifications for
19    the  CGFNS  examination,  shall  be  required  to   pass   an
20    examination to test competency in the English language, which
21    shall  be  prescribed  by the Department, if the applicant is
22    determined by the  Board  to  be  educationally  prepared  in
23    nursing.   The  Board shall make appropriate inquiry into the
24    reasons for any adverse determination by CGFNS before  making
25    its own decision.
26        An  applicant  licensed in another state or territory who
27    is applying  for  licensure  and  has  received  her  or  his
28    education  in  a  country other than the United States or its
29    territories shall  be  exempt  from  the  completion  of  the
30    Commission  of  Graduates  of Foreign Nursing Schools (CGFNS)
31    examination if the  applicant  meets  all  of  the  following
32    requirements:
33             (1)  successful passage of the licensure examination
34        authorized by the Department;
 
SB2223 Engrossed            -5-                LRB9213174ACcd
 1             (2)  holds   an   active,  unencumbered  license  in
 2        another state; and
 3             (3)  has been actively practicing for a minimum of 2
 4        years in another state.
 5        (e)  (Blank).
 6        (f)  Pending the issuance of a license  under  subsection
 7    (c)  (b)  of  this  Section,  the  Department  may  grant  an
 8    applicant  a  temporary  license  to  practice  nursing  as a
 9    registered nurse or as a  licensed  practical  nurse  if  the
10    Department  is  satisfied that the applicant holds an active,
11    unencumbered   license   in   good   standing   in    another
12    jurisdiction.   If  the applicant holds more than one current
13    active license, or one or more active temporary licenses from
14    other  jurisdictions,  the  Department  shall  not  issue   a
15    temporary  license  until  it  is satisfied that each current
16    active license held by the applicant  is  unencumbered.   The
17    temporary  license,  which  shall  be issued no later than 14
18    working days  following  receipt  by  the  Department  of  an
19    application  for the temporary license, shall be granted upon
20    the submission of the following to the Department:
21             (1)  a  signed   and   completed   application   for
22        licensure  under  subsection  (a)  of  this  Section as a
23        registered nurse or a licensed practical nurse;
24             (2)  proof of a current, active license in at  least
25        one other jurisdiction and proof that each current active
26        license or temporary license held by the applicant within
27        the last 5 years is unencumbered;
28             (3)  a   signed  and  completed  application  for  a
29        temporary license; and
30             (4)  the required temporary license permit fee.
31        (g)  The Department may refuse to issue  an  applicant  a
32    temporary  license  authorized  pursuant  to this Section if,
33    within  14  working  days  following  its   receipt   of   an
34    application   for   a   temporary   license,  the  Department
 
SB2223 Engrossed            -6-                LRB9213174ACcd
 1    determines that:
 2             (1)  the applicant has been  convicted  of  a  crime
 3        under  the  laws  of a jurisdiction of the United States:
 4        (i) which is a felony; or (ii)  which  is  a  misdemeanor
 5        directly  related  to  the  practice  of  the profession,
 6        within the last 5 years;
 7             (2)  within the last 5 years the applicant has had a
 8        license or permit related  to  the  practice  of  nursing
 9        revoked,  suspended,  or  placed  on probation by another
10        jurisdiction,  if  at  least  one  of  the  grounds   for
11        revoking, suspending, or placing on probation is the same
12        or substantially equivalent to grounds in Illinois; or
13             (3)  it intends to deny licensure by endorsement.
14        For  purposes  of this Section, an "unencumbered license"
15    means a license against which no disciplinary action has been
16    taken or is pending and for which all fees  and  charges  are
17    paid and current.
18        (h)  The Department may revoke a temporary license issued
19    pursuant to this Section if:
20             (1)  it  determines  that  the  applicant  has  been
21        convicted of a crime under the law of any jurisdiction of
22        the  United  States  that  is  (i)  a  felony  or  (ii) a
23        misdemeanor directly  related  to  the  practice  of  the
24        profession, within the last 5 years;
25             (2)  it  determines that within the last 5 years the
26        applicant has had a license  or  permit  related  to  the
27        practice  of  nursing  revoked,  suspended,  or placed on
28        probation by another jurisdiction, if at least one of the
29        grounds for revoking, suspending, or placing on probation
30        is the same or substantially  equivalent  to  grounds  in
31        Illinois; or
32             (3)  it determines that it intends to deny licensure
33        by endorsement.
34        A  temporary  license  or renewed temporary license shall
 
SB2223 Engrossed            -7-                LRB9213174ACcd
 1    expire (i) upon issuance of an Illinois license or (ii)  upon
 2    notification that the Department intends to deny licensure by
 3    endorsement.   A temporary license shall expire 6 months from
 4    the date of issuance.  Further renewal may be granted by  the
 5    Department  in  hardship  cases,  as defined by rule and upon
 6    approval of the Director.  However, a temporary license shall
 7    automatically expire upon issuance of the Illinois license or
 8    upon  notification  that  the  Department  intends  to   deny
 9    licensure,  whichever  occurs  first.  No extensions shall be
10    granted beyond the 6-month  period  unless  approved  by  the
11    Director.   Notification by the Department under this Section
12    shall be by certified or registered mail.
13        (i)  Applicants have 3 years from the date of application
14    to complete the application process. If the process  has  not
15    been  completed  within 3 years from the date of application,
16    the application shall be denied, the fee forfeited,  and  the
17    applicant must reapply and meet the requirements in effect at
18    the time of reapplication.
19    (Source: P.A. 92-39, eff. 6-29-01.)

20        (225 ILCS 65/15-13 new)
21        (Section scheduled to be repealed on January 1, 2008)
22        Sec. 15-13.  License pending status.
23        (a)  A  graduate  of an advanced practice nursing program
24    may practice  in  the  State  of  Illinois  in  the  role  of
25    certified clinical nurse specialist, certified nurse midwife,
26    certified  nurse  practitioner, or certified registered nurse
27    anesthetist for not longer than 6 months provided he  or  she
28    submits all of the following:
29             (1)  An  application  for  licensure  as an advanced
30        practice nurse in Illinois.
31             (2)  Proof of an application to  take  the  national
32        certification examination in the specialty.
33             (3)  Proof  of  completion  of  a  graduate advanced
 
SB2223 Engrossed            -8-                LRB9213174ACcd
 1        practice education program that allows the  applicant  to
 2        be  eligible  for  national  certification  in a clinical
 3        advanced practice nursing speciality and that allows  the
 4        applicant to be eligible for licensure in Illinois in the
 5        area of his or her specialty.
 6             (4)  Proof that he or she is licensed in Illinois as
 7        a registered professional nurse.
 8             (5)  Proof  that  he or she has a completed proposed
 9        collaborative agreement or practice agreement as required
10        under Section 15-15 or 15-25 of this Act.
11             (6)  The license application fee as set by rule.
12        (b)  License pending status shall preclude delegation  of
13    prescriptive authority.
14        (c)  A   graduate  practicing  in  accordance  with  this
15    Section  must  use  the  title  "license  pending   certified
16    clinical  nurse specialist", "license pending certified nurse
17    midwife", "license pending certified nurse practitioner",  or
18    "license  pending  certified  registered  nurse anesthetist",
19    whichever is applicable.

20        (225 ILCS 65/10-40 rep.)
21        Section 10. The Nursing and Advanced Practice Nursing Act
22    is amended by repealing Section 10-40.

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.

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