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Public Act 094-0932
Public Act 0932 94TH GENERAL ASSEMBLY
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Public Act 094-0932
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| SB2372 Enrolled |
LRB094 15151 RAS 50331 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Nursing and Advanced Practice Nursing Act is | amended by changing Section 10-30 as follows:
| (225 ILCS 65/10-30)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 10-30. Qualifications for licensure.
| (a) Each applicant who successfully meets the requirements | of this Section
shall be entitled to licensure as a Registered | Nurse or Licensed Practical
Nurse, whichever is applicable.
| (b) An applicant for licensure by examination to practice | as a registered
nurse or licensed practical nurse shall:
| (1) submit a completed written application, on forms | provided by the
Department and fees as established by the | Department;
| (2) for registered nurse licensure, have graduated | from a
professional nursing education program approved by | the Department;
| (2.5) for licensed practical nurse licensure, have | graduated from a practical nursing education program | approved by the
Department;
| (3) have not violated the provisions of Section 10-45 | of this Act. The
Department may take into consideration any | felony conviction of the applicant,
but such a conviction | shall not operate as an absolute bar to licensure;
| (4) meet all other requirements as established by rule;
| (5) pay, either to the Department or its designated | testing service,
a fee covering the cost of providing the | examination. Failure to appear for
the examination on the | scheduled date at the time and place specified after the
| applicant's application for examination has been received |
| and acknowledged by
the Department or the designated | testing service shall result in the forfeiture
of the | examination fee.
| If an applicant neglects, fails, or refuses to take an | examination or fails
to pass an examination for a license under | this Act within 3 years after filing
the application, the | application shall be denied. However, the applicant may
make a | new application accompanied by the required fee and provide
| evidence of meeting the requirements in force at the time of | the new
application.
| An applicant may take and successfully complete a | Department-approved
examination in another jurisdiction. | However, an applicant who has never been
licensed previously in | any jurisdiction that utilizes a Department-approved
| examination and who has taken and failed to
pass the | examination within 3 years after filing the application must | submit
proof of successful completion of a | Department-authorized nursing education
program or | recompletion of an approved registered nursing program or | licensed
practical nursing program, as appropriate, prior to | re-application.
| An applicant shall have one year from the date of | notification of successful
completion of the examination to | apply to the Department for a license. If an
applicant fails to | apply within one year, the applicant shall be required to
again | take and pass the examination unless licensed in another | jurisdiction of
the United States within one year of passing | the examination.
| (c) An applicant for licensure by endorsement who is a | registered
professional nurse or a licensed practical nurse | licensed by examination
under the laws of another state or | territory of the United States or a
foreign country, | jurisdiction, territory, or province shall:
| (1) submit a completed written application, on forms | supplied by the
Department, and fees as established by the | Department;
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| (2) for registered nurse licensure, have graduated | from a professional
nursing education program approved by | the Department;
| (2.5) for licensed practical nurse licensure, have | graduated
from a practical nursing education program | approved by the Department;
| (3) submit verification of licensure status directly | from the United
States jurisdiction of licensure, if | applicable, as defined by rule;
| (4) have passed the examination authorized by the | Department;
| (5) meet all other requirements as established by rule.
| (d) All applicants for registered nurse licensure pursuant | to item (2) of
subsection (b) and item (2) of subsection (c) of | this Section who are graduates
of nursing educational programs | in a country other than the United States or
its territories | shall have their nursing education credentials evaluated by a | Department-approved nursing credentialing evaluation service. | No such applicant may be issued a license under this Act unless | the applicant's program is deemed by the nursing credentialing | evaluation service to be equivalent to a professional nursing | education program approved by the Department. An applicant who | has graduated from a nursing educational program outside of the | United States or its territories and whose first language is | not English shall submit certification of passage of the Test | of English as a Foreign Language (TOEFL), as defined by rule. | The Department may, upon recommendation from the nursing | evaluation service, waive the requirement that the applicant | pass the TOEFL examination if the applicant submits | verification of the successful completion of a nursing | education program conducted in English. The requirements of | this subsection (d) may be satisfied by the showing of proof of | a certificate from the Certificate Program or the VisaScreen | Program of the Commission on Graduates of Foreign Nursing | Schools.
| (d-5) An applicant licensed in another state or territory |
| who is applying for
licensure and has received her or his | education in a country other than the
United States or its | territories shall have her or his nursing education credentials | evaluated by a Department-approved nursing credentialing | evaluation service. No such applicant may be issued a license | under this Act unless the applicant's program is deemed by the | nursing credentialing evaluation service to be equivalent to a | professional nursing education program approved by the | Department. An applicant who has graduated from a nursing | educational program outside of the United States or its | territories and whose first language is not English shall | submit certification of passage of the Test of English as a | Foreign Language (TOEFL), as defined by rule. The Department | may, upon recommendation from the nursing evaluation service, | waive the requirement that the applicant pass the TOEFL | examination if the applicant submits verification of the | successful completion of a nursing education program conducted | in English or the successful passage of an approved licensing | examination given in English. The requirements of this | subsection (d-5) may be satisfied by the showing of proof of a | certificate from the Certificate Program or the VisaScreen | Program of the Commission on Graduates of Foreign Nursing | Schools.
| (e) (Blank).
| (f) Pending the issuance of a license under subsection (c) | of this Section,
the Department may grant an applicant a | temporary license to practice nursing
as a registered nurse or | as a licensed practical nurse if the Department is
satisfied | that the applicant holds an active, unencumbered license in | good
standing in another jurisdiction. If the applicant holds | more than one
current active license, or one or more active | temporary licenses from other
jurisdictions, the
Department | shall not issue a temporary license until it is satisfied that
| each current active license held by the applicant is | unencumbered. The
temporary license, which shall be issued no | later than 14 working days
following receipt by the Department |
| of an application for the temporary
license, shall be granted | upon the submission of the following to the
Department:
| (1) a signed and completed application for licensure | under subsection (a)
of this Section as a registered nurse | or a licensed practical nurse;
| (2) proof of a current, active license in at least one | other jurisdiction
and proof that each current active | license or temporary license held by the
applicant within | the last 5 years is unencumbered;
| (3) a signed and completed application for a temporary | license; and
| (4) the required temporary license fee.
| (g) The Department may refuse to issue an applicant a | temporary
license authorized pursuant to this Section if, | within 14 working days
following its receipt of an application | for a temporary license, the
Department determines that:
| (1) the applicant has been convicted of a crime under | the laws of a
jurisdiction of the United States: (i) which | is a felony; or (ii) which is a
misdemeanor directly | related to the practice of the profession, within the last
| 5 years;
| (2) within the last 5 years the applicant has had a | license or permit
related to the practice of nursing | revoked, suspended, or placed on probation
by
another | jurisdiction, if at least one of the grounds for revoking, | suspending,
or placing on probation is the same or | substantially equivalent to grounds in
Illinois; or
| (3) it intends to deny licensure by endorsement.
| For purposes of this Section, an "unencumbered license" | means a
license against which no disciplinary action has been | taken or is pending and
for which all fees and charges are paid | and current.
| (h) The Department may revoke a temporary license issued | pursuant to this
Section if:
| (1) it determines that the applicant has been convicted | of a crime under
the law of any jurisdiction of the United |
| States that is (i) a felony or
(ii) a misdemeanor directly | related to the practice of the profession,
within the last | 5 years;
| (2) it determines that within the last 5 years the | applicant has had a
license or permit related to the | practice of nursing revoked, suspended, or
placed on | probation by another jurisdiction, if at least one of the | grounds for
revoking, suspending, or placing on probation | is the same or substantially
equivalent to grounds in | Illinois; or
| (3) it determines that it intends to deny licensure by | endorsement.
| A temporary license shall expire 6 months from the date of | issuance.
Further renewal may be granted by the Department in | hardship cases, as defined
by rule and upon approval of the | Director. However, a temporary license shall
automatically | expire upon issuance of the Illinois license or upon | notification
that the Department intends to deny licensure, | whichever occurs first.
| (i) Applicants have 3 years from the date of application to | complete the
application process. If the process has not been | completed within 3 years from
the date of application, the | application shall be denied, the fee forfeited,
and the | applicant must reapply and meet the requirements in effect at | the time
of reapplication.
| (Source: P.A. 94-352, eff. 7-28-05.)
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Effective Date: 1/1/2007
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