AUTHORITY: Implementing the Nurse Practice Act [225 ILCS 65] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 34 Ill. Reg. 14012, effective September 17, 2010; amended at 37 Ill. Reg. 9467, effective July 5, 2013; amended at 38 Ill. Reg. 15988, effective August 1, 2014; amended at 39 Ill. Reg. 15764, effective November 24, 2015; Subpart D recodified at 42 Ill. Reg. 17955; amended at 43 Ill. Reg. 6924, effective June 14, 2019; amended at 45 Ill. Reg. 228, effective January 4, 2021.

SUBPART A: GENERAL PROVISIONS

 

Section 1300.10  Definitions

 

The following definitions shall apply to this Part:

 

"Act" means the Nurse Practice Act [225 ILCS 65].

 

"Address of Record" means the address recorded by the Division in the applicant's or licensee's application file or license file, as maintained by the Division's licensure maintenance unit.

 

"Advanced Practice Registered Nurse" or "APRN" means a person who has met the qualifications for a:

 

certified nurse midwife (CNM);

 

certified nurse practitioner (CNP);

 

certified registered nurse anesthetist (CRNA); or

 

clinical nurse specialist (CNS) and has been licensed by the Division.

 

All advanced practice registered nurses licensed and practicing in the State of Illinois shall use the title APRN and may use specialty credentials after their name. 

 

"APRN Practice Pending Licensure" means practice by an APRN, under a temporary permit, who is scheduled to take the National Certification Examination.  This period of practice cannot exceed 6 months from date of application for the license. APRN Practice Pending Licensure does not include prescriptive authority.

 

"Board" means the Board of Nursing.

 

"Collaboration" means a process involving 2 or more health care professionals working together, each contributing one's respective area of expertise to provide more comprehensive patient care.  (Section 50-10 of the Act)

 

"Consultation" means the process by which an advanced practice registered nurse seeks the advice or opinion of another health care professional.  (Section 50-10 of the Act)

 

"Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act [225 ILCS 25]. (Section 50-10 of the Act)

 

"Department" means the Department of Financial and Professional Regulation.

 

"Direction" means to give authoritative instruction to another regarding nursing interventions and/or professional responsibilities.

 

"Director" means the Director of the Division of Professional Regulation, with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Impaired Nurse" means a nurse licensed under the Act who is unable to practice with reasonable judgment, skill and safety because of a physical or mental disability, as evidenced by a written determination or written consent based on clinical evidence, including loss of motor skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient degree to diminish his or her ability to deliver competent patient care. (Section 50-10 of the Act)

 

"Licensed Practical Nurse" or "LPN" means a person who is licensed as a practical nurse under the Act and practices pratical nursing as defined by the Act. (Section 50-10 of the Act)

 

"Nursing Intervention" means any treatment, based on clinical nursing judgment or knowledge, that a nurse performs.  An individual or entity shall not mandate that a registered professional nurse delegate a nursing intervention if the registered professional nurse determines it is inappropriate to do so.  A nurse shall not be subject to disciplinary or any other adverse action for refusing to delegate a nursing intervention based on patient safety.  (Section 5-10 of the Act)

 

"Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 [225 ILCS 60]. (Section 50-10 of the Act)

 

"Physician Assistant" means a person licensed under the Physician Assistant Practice Act of 1987 [225 ILCS 95]. (Section 50-10 of the Act)

 

"Podiatrist" or "Podiatric Physician" means a person licensed to practice podiatry under the Podiatric Medical Practice Act of 1987 [225 ILCS 100]. (Section 50-10 of the Act)

 

"Professional Responsibility" includes making decisions and judgments requiring use of knowledge acquired by completion of an approved program for licensure as a practical, professional or advanced practice registered nurse.

 

"Registered Nurse", "Registered Professional Nurse", or "RN" means a person who is licensed as a professional nurse under the Act and practices nursing as defined by the Act.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.20  Nursing Delegation by a Registered Professional Nurse

 

a)         For the purposes of this Section:

 

"Community-Based Setting" means facilities within the community where individuals, groups and populations may seek or receive assistance and/or care.  These include, but are not limited to, schools, assisted living facilities, physicians' and APRNs' offices, clinics, home health, and residences where individuals receive services under the Home Health, Home Services, and Home Nursing Licensing Act [210 ILCS 55] or Hospice Program Licensing Act [210 ILCS 60]. Community-based setting does not include Home Services Agencies and Home Service Placement Agencies.

 

"Delegation" means transferring to a specific individual the authority to perform a specific nursing intervention, in a specific situation.

 

"Predictability of outcomes" means that a registered professional nurse or advanced practice registered nurse has determined that the patient's or individual's clinical status is stable and expected to improve or the patient's or individual's deteriorating condition is expected to follow a known or expected course."

 

"Stability" means a registered professional nurse or advanced practice registered nurse has determined that the individual's clinical status and nursing care needs are consistent.  (Section 50-75(a) of the Act)

 

b)         A registered professional nurse may:

 

1)         Delegate nursing interventions to other registered professional nurses, licensed practical nurses, and other unlicensed personnel.  The delegation should be based on the comprehensive nursing assessment that includes, but is not limited to:

 

A)        The stability and condition of the patient;

 

B)        The potential for harm;

 

C)        The complexity of the nursing intervention to be delegated;

 

D)        The predictability of outcomes; and

 

E)        The competency of the person to whom the  nursing intervention is delegated. To ensure competency, the RN may have to provide instruction to the individual or evaluate the individual's experience, training and/or education.

 

2)         Delegate medication administration to other licensed nurses.

 

3)         Refuse to delegate, stop, or rescind a previously authorized delegation.  (Section 5-75(b) of the Act)

 

c)         In community-based or in-home care settings, an RN may:

 

1)         Delegate medication administration (limited to oral or subcutaneous dosage and topical or transdermal application) to unlicensed personnel, if the conditions of delegations set forth in subsection (b) are met.

 

2)         Delegate, guide and evaluate the implementations of nursing interventions as a component of patient care coordination after completion of the comprehensive patient assessment based on analysis of the comprehensive nursing assessment data.  Care coordination may occur in person, by telecommunication, or by electronic communication.  (Section 5-75(b) of the Act)

 

d)         The following actions are prohibited by this Section:

 

1)         Mandating an RN to delegate nurse interventions when the RN has determined that it is not appropriate to do so.

 

2)         Delegating medication administration to unlicensed personnel in any institutional or long-term facility, including but not limited to those facilities licensed by the Hospital Licensing Act [210 ILCS 85], the University of Illinois Hospital Act [110 ILCS 330], State-operated mental health hospitals, or State-operated developmental centers.

 

3)         Delegating nursing judgement, the comprehensive patient assessment, development of a plan of care, and evaluations of care to licensed or unlicensed personnel;

 

4)         Allowing a licensed practical nurse or unlicensed personnel to re‑delegate a nursing intervention that had been delegated to him or her by the RN.  (Section 50-75(b) of the Act)

 

e)         Practice in End Stage Renal Dialysis Facilities

 

1)         For the purposes of this Section only, an individual working as a dialysis technician in a Medicare-certified End Stage Renal Dialysis Facility or a facility regulated under the End Stage Renal Disease Facility Act [210 ILCS 62] shall be considered a licensed individual for the purposes of delegation only under Section 50-75 of the Act.  A person working to acquire the experience necessary to obtain certification under subsection (e)(2) may practice in accordance with this subsection (e) for a period of no more than 18 months so long as his or her practice is in compliance with the experience standards set forth by the entities listed in subsection (e)(2).

 

2)         Delegation under this subsection (e) shall only be allowed if the individual receiving delegation currently holds, or is in the process of acquiring, the necessary experience to apply for and achieve one of the following certifications:

 

A)        Certified Clinical Hemodialysis Technician (CCHT) by the Nephrology Nursing Certification Commission (NNCC);

 

B)        Certified Hemodialysis Technician (CHT) by the Board of Nephrology Examiners Nursing and Technology (BONENT);

 

C)        Certified in Clinical Nephrology Technology (CCNT) by the National Nephrology Certification Organization (NNCO).

 

3)         Delegation under this subsection (e) shall not include medication administration except for saline flushes and application of topical anesthetics.  All patient care provided by a certified dialysis technician practicing under this subsection (e) shall be under the direct and immediate on-site supervision of a licensed physician, advanced practice registered nurse, physician assistant or registered nurse.

 

4)         Delegation under this subsection (e) shall also comply with any rules adopted under the End Stage Renal Disease Facility Act.

 

5)         Nothing in this subsection (e) shall be construed to apply to any other facility or practice setting.  This subsection (e) shall not be construed as granting a license under the Act and shall not allow individuals receiving delegation under this subsection (e) to use any title regulated by the Act.

 

f)         The delegation of medication administration in a community-based setting shall be rescinded upon the discharge of the patient from the home health, home nursing, or hospice agency, or when the nurse who delegated the nursing intervention is no longer providing or coordinating the nursing clinical care.

 

g)         An RN who has delegated a nursing intervention does not have to be physically present while the individual is performing the delegation so long as the RN has satisfied the conditions of delegation set forth in subsection (b) and is available to assist in person or by telecommunications.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.30  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license as a registered professional nurse, and a licensed practical nurse is $50.  In addition, applicants for an examination shall be required to pay, either to the Division or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and 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 Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

2)         The fee for a temporary restoration or endorsement permit for a license as an advanced practice registered nurse, a registered professional nurse and a licensed practical nurse is $25.

 

3)         The fee for application for a license as an advanced practice registered nurse or as an advanced practice registered nurse with full practice authority is $125.

 

4)         The fee for application as an approved continuing education sponsor is $500.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a practical nurse license shall be calculated at the rate of $40 per year.

 

2)         The fee for the renewal of a registered professional nurse license shall be calculated at the rate of $40 per year.

 

3)         The fee for the renewal of a license as an advanced practice registered nurse or an advanced practice registered nurse with full practice authority shall be calculated at the rate of $40 per year.

 

4)         The fee for renewal of an APRN, LPN or RN continuing education sponsor approval is $250 for 2 years.

 

c)         General Fees

 

1)                  The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees, but not to exceed $250.

 

2)         The fee for a certification of a licensee's record for any purpose is $20.

 

3)         The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fees charged by the applicable testing service.

 

4)         The fee for processing a fingerprint card by the Department of State Police is the cost of processing, which shall be made payable to the State Police Services Fund and shall be remitted to the State Police for deposit into the Fund.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.40  Renewals

 

a)         Every APRN license issued under the Act, including APRNs granted full practice authority, shall expire on May 31 of each even-numbered year.  The holder of a license may renew the license during the month preceding the expiration date by paying the fee required by Section 1300.30.  During every renewal, a renewal applicant will be required to complete 80 hours of continuing education as set forth in Section 1300.130.  A licensee's registered nurse license shall be renewed in order to renew the advanced practice registered nurse license.  At the time of renewal, APRNs shall attest to continued, current national certification in their specialty, except an advanced practice registered nurse who has continuously held an unencumbered license under the Act since 2001 and does not meet the educational requirements necessary to obtain national certification as provided in Section 65-15(c) of the Act.

 

b)         Every registered professional nurse license issued under the Act shall expire on May 31 of each even-numbered year.  The holder of a license may renew the license during the month preceding the expiration date by paying the fee required by Section 1300.30.  During every renewal, a renewal applicant will be required to complete 20 hours of continuing education as set forth in Section 1300.130.

 

c)         Every licensed practical nurse license issued under the Act shall expire on January 31 of each odd-numbered year.  The holder of a license may renew the license during the month preceding the expiration date by paying the fee required by Section 1300.30.  During every renewal, a renewal applicant will be required to complete 20 hours of continuing education as set forth in Section 1300.130.

 

d)         It is the responsibility of each licensee to notify the Division of any change of address or email address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

 

e)         Practice on a license that has expired is the unlicensed practice of nursing and shall be grounds for discipline pursuant to Section 70-5 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.50  Restoration

 

a)         A licensee seeking restoration of a license that has expired for 5 years or less shall have the license restored upon completion of all forms required by the Division, payment of the fees required by Section 1300.30, and completion of his or her CE requirement.

 

b)         A licensee seeking restoration of a license that has been placed on inactive status for 5 years or less shall have the license restored upon completion of all forms required by the Division, payment of the current renewal fee set forth in Section 1300.30(b), and completion of his or her CE requirement.

 

c)         A licensee seeking restoration of his or her license shall submit verification of fingerprint processing from the Illinois State Police (ISP), or its designated agent.  Applicants shall contact an Illinois-licensed fingerprint vendor for fingerprint processing.  Out-of-state residents may have their fingerprints taken by an out-of-state vendor but the fingerprints must be processed by an Illinois Livescan Vendor.  Fingerprints shall be taken within the 60 days prior to application.

 

d)         A licensee seeking restoration of a licensed practical nurse license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the restoration fee specified in Section 1300.30(c)(1), when restoring an expired license, or the current renewal fee set forth in Section 1300.30(b), when restoring an inactive license.  The licensee shall also submit proof of completion of his or her current CE requirement set forth in Section 1300.130(a).  The licensee shall also submit proof of fitness to practice, which includes one of the following:

 

1)         Certification of active practice in another jurisdiction.  This certification shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice; or

 

2)         An affidavit attesting to military service as provided in Section 55-20(c) of the Act.  If application is made within 2 years after discharge, and if all other provisions of Section 55-10 of the Act are satisfied, the applicant will be required to pay the current renewal fee, but not the restoration fee; or

 

3)         Proof of successful completion of one of the following:

 

A)        A Division-approved LPN licensure examination;

 

B)        A refresher course subject to Division approval.

 

e)         A licensee seeking restoration of an RN license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the restoration fee specified in Section 1300.30(c)(1), when restoring an expired license, or the current renewal fee set forth in Section 1300.30(b), when restoring an inactive license.  The licensee shall also submit proof of completion of his or her current CE requirement as set forth in Section 1300.130(b).  The licensee shall also submit proof of fitness to practice, which includes one of the following:

 

1)         Certification of active practice in another jurisdiction.  This certification shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice;

 

2)         An affidavit attesting to military service as provided in Section 60-25(c) of the Act.  If application is made within 2 years after discharge, and if all other provisions of Section 60-10 of the Act are satisfied, the applicant will be required to pay the current renewal fee, but not the restoration fee; or

 

3)         Proof of the successful completion of one of the following:

 

A)        A Division-approved RN licensure examination;

 

B)        A refresher course subjected to Division approval.

 

f)         A licensee seeking restoration of an APRN license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the restoration fee specified in Section 1300.30(c)(1), when restoring an expired license, or the current renewal fee set forth in Section 1300.30(b), when restoring an inactive license.  The licensee shall also submit proof of completion of his or her current CE requirements as set forth in Section 1300.130(c).  The licensee shall also submit proof of fitness to practice, which includes one of the following:

 

1)         Certification of active practice in another jurisdiction. This certification shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice; or

 

2)         An affidavit attesting to military service as provided in Section 65-20(c) of the Act.  If application is made within 2 years after discharge, and if all other provisions of Section 65-5 of the Act are satisfied, the applicant will be required to pay the current renewal fee, but not the restoration fee; or

 

3)         Verification of continued, current certification in the APRN's specialty prior to restoration.

 

g)         Individuals applying for restoration of an inactive or non-renewed license may apply to the Division, on forms provided by the Division, to receive a temporary restoration permit that allows the applicant to work pending the issuance of a license by restoration.

 

1)         The temporary restoration permit application shall include:

 

A)        A completed signed restoration application, along with the restoration fee required by Section 1300.30(c)(1).  All supporting documents shall be submitted to the Division before a permanent license by restoration shall be issued;

 

B)        Either:

 

i)          Photocopies of all current active nursing licenses and/or temporary permits/licenses from other jurisdictions (current active licensure in at least one United States jurisdiction is required); or

 

ii)         Verification of employment in nursing practice within the last 5 years in a United States jurisdiction;

 

C)        Verification that fingerprints have been submitted to the Division or the ISP or its designated agent; and

 

D)        The temporary restoration permit fee required by Section 1300.30(a)(2).

 

2)         The Division will issue a temporary restoration permit no later than 14 days after receipt of a completed application as set forth in this Section.

 

3)         Temporary permits shall be terminated upon:

 

A)        The issuance of a permanent license by restoration;

 

B)        Failure to complete the application process within 6 months from the date of issuance of the permit;

 

C)        A finding by the Division that the applicant has been convicted within the last 5 years of any crime under the laws of any jurisdiction of the United States that is: 

 

i)          A felony; or

 

ii)         A misdemeanor directly related to the practice of nursing;

 

D)        A finding by the Division 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 is substantially equivalent to grounds in Illinois; or

 

E)        Upon notification that the Division intends to deny restoration of licensure for any reason.

 

4)         The Division will notify the applicant by certified or registered mail of the intent to deny licensure pursuant to subsections (g)(3)(C) and (D) of this Section and/or Section 70-5 of the Act.

 

5)         A temporary permit shall be extended beyond the 6-month period, upon recommendation of the Board and approval of the Director, due to hardship, defined as:

 

A)        Serving full-time in the Armed Forces;

 

B)        An incapacitating illness as documented by a currently licensed physician;

 

C)        Death of an immediate family member; or

 

D)        Extenuating circumstances beyond the applicant's control, as approved by the Secretary.

 

h)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is questioned by the Division because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee will be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an oral interview before the Board to explain the relevance or sufficiency, clarify information, or clean up any discrepancies or conflicts in information.  Upon recommendation of the Board and approval by the Division, an applicant shall have the license restored.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.60  Granting Variances

 

The Director may grant variances from this Part in individual cases when he or she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.70  Fines (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.80  Public Access to Records and Meetings (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.90  Unethical or Unprofessional Conduct

 

a)         The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary or non-disciplinary action based upon its findings of unethical or unprofessional conduct (see Section 70-5(b)(7) of the Act), which is interpreted to include, but is not limited to, the following acts or practices:

 

1)         Engaging in conduct likely to deceive, defraud or harm the public, or demonstrating a willful disregard for the health, welfare or safety of a patient.  Actual injury need not be established.

 

2)         A departure from or failure to conform to the standards of practice as set forth in the Act or this Part. Actual injury to a patient need not be established.

 

3)         Engaging in behavior that crosses professional boundaries (such as signing wills or other documents not related to client health care).

 

4)         Engaging in sexual conduct with a patient or conduct that may reasonably be interpreted by a patient as sexual, or in any verbal behavior that is sexually harassing to a patient.

 

5)         Demonstrating actual or potential inability to practice nursing with reasonable skill, safety or judgment by reason of illness, use of alcohol, drugs, chemicals or any other material, or as a result of any mental or physical condition.

 

6)         Engaging in activities that constitute a breach of the nurse's responsibility to a patient;

 

7)         Engaging in activities that are violative of ethical standards of the profession (such as failing to safeguard patient confidentiality and records within the constraints of law; not respecting the rights of patients, colleagues and other health professionals; not observing requirements under the Act and any rules pertaining to any relevant specialty; and failing to provide service with compassion and respect for human dignity);

 

8)         Engaging in activities that result in the assumption by the nurse of responsibility for delivery of patient care that the nurse was not properly qualified or competent to render;

 

9)         Engaging in activities that result in a delegation of responsibility for delivery of patient care when the delegated intervention could not be monitored or the follow up and evaluation of outcomes is not possible;

 

10)        Engaging in activities that cause actual harm to any member of the public; or

 

11)        Misrepresenting educational background, training, credentials or competence.

 

b)         The Division hereby incorporates by reference the "Code for Nurses with Interpretive Statements", July 2015, American Nurses Association, 8515 Georgia Avenue, Suite 400, Silver Spring MD 20910, with no later amendments or editions.

 

c)         The Division hereby incorporates by reference the "Standards of Practice and Educational Competencies of Graduates of Practical/Vocational Nursing Programs", National Association for Practical Nurse Education and Service, Inc., May 6, 2007, 1940 Duke Street, Suite 200, Alexandria VA 22314, with no later amendments or editions.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.100  Refusal to Issue a License Based on Criminal History Record (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.110  Mandatory Reporting of Impaired Licensees

 

a)         Any nurse who is an administrator or officer in any hospital, nursing home, other health care agency or facility, or nurse agency and has knowledge of any action or condition which reasonably indicates that a licensee under the Act:

 

1)         is impaired due to the use of alcohol or mood altering drugs to the extent that the impairment adversely affects the licensee'sprofessional performance; or

 

2)         unlawfully possesses, uses, distributes or converts mood altering drugs (Section 70-10(a) of the Act) shall report the individual to the Division or designee of the Division unless the licensee participates in a course of remedial professional counseling or medical treatment for substance abuse.

 

b)         The administrator need not report the licensee in question so long as the nurse actively pursues treatment under monitoring by the administrator or officer or by the hospital, nursing home, health care agency or facility, or nurse agency and the licensee continues to be employed by that hospital, nursing home, health care agency or facility, or nurse agency.

 

c)         However, if the licensee fails to comply with treatment or leaves employment of the institution for any reason, the administrator shall report the licensee to the Division.

 

d)         Notwithstanding any other Section or provisions of the Nurse Practice Act, if the Division verifies habitual intoxication or drug addiction that adversely affects professional performance or the unlawful possession, use, distribution or conversion of habit forming drugs by the reported licensee, the Division may seek to discipline the licensee pursuant to Section 70-5 of the Act.

 

(Source:  Amended at 39 Ill. Reg. 15764, effective November 24, 2015)

 

Section 1300.120  Care Counseling and Treatment Agreement

 

a)         At its discretion, the Division may offer a care counseling and treatment agreement to an impaired nurse.

 

b)         Eligibility for consideration for a care, counseling and treatment agreement may include but not be limited to the following:

 

1)         Licensee must have no prior disciplinary action in any jurisdiction concerning practice issues related to substance abuse;

 

2)         Licensee has not been convicted criminally of any felony or drug-related misdemeanor, nor is any such criminal action pending;

 

3)         Licensee acknowledges a substance use disorder or impairment; and

 

4)         Licensee has appeared for and submitted to an assessment by a physician who is a certified addictionist or an advanced practice registered nurse with specialty certification in addiction and has followed the recommendations of the assessment.  Evaluations submitted from another state may be accepted if the evaluator was approved by the nursing board of that state.  Evaluations that satisfy court orders may also be accepted.

 

c)         Pursuant to Section 70-5(e) of the Act, all substance-related allegations mandate an automatic substance abuse assessment.

 

1)         The Department may issue an Order to Compel a substance abuse assessment within 30 days, at the expense of the Department, meeting the requirements set forth in subsection (b).  A licensee's failure to timely complete a substance abuse assessment in the manner prescribed by the Department shall result in an automatic suspension pursuant to Section 70‑5(e) of the Act.

 

2)         Prior to the issuance of an Order to Compel, licensees may voluntarily agree to a substance abuse assessment meeting the requirements set forth in subsection (b).  Voluntary remedial action may be considered a mitigating factor by the Department when assessing disciplinary or non-disciplinary action pursuant to Section 2105-130(c)(6) of the Department of Professional Regulation Law [20 ILCS 2105].  In those instances, the licensee shall be responsible for the expense of the substance abuse assessment.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.130  Continuing Education

 

a)         Continuing Education (CE) Requirements

 

1)         As required by the Act, all nurses shall complete continuing education as follows:

 

A)        All licensed practical nurses shall complete 20 hours of approved continuing education per 2-year license renewal cycle.

 

B)        All registered nurses shall complete 20 hours of approved continuing education per 2-year license renewal cycle.

 

C)        All advanced practice registered nurses shall complete 80 hours of approved continuing education in the advanced practice registered nurse's specialty per 2-year license renewal cycle. Completion of the 80 hours under this subsection (a)(1)(C) shall satisfy the continuing education requirements for renewal of a registered professional nurse license.  An APRN holding more than one APRN license is required to complete 80 hours of continuing education total per license renewal period.  The 80 hours of continuing education required shall be completed as follows:

 

i)          A minimum of 50 hours of the continuing education

shall be obtained in continuing education programs that shall include no less than 20 hours of pharmacotherapeutics, including 10 hours of opioid prescribing or substance abuse education.

 

ii)         A maximum of 30 hours of credit may be obtained by presentations in the APRN's clinical specialty, evidence-based practice, or quality improvement projects, publications, research projects, or preceptor hours.

 

2)         The following time equivalencies shall apply:

 

1 contact hour	=	60 minutes
1 academic semester hour	=	15 contact hours
1 academic quarter hour	=	12.5 contact hours
1 CME	=	1 contact hour
1 CNE	=	1 contact hour
1 AMA	=	1 contact hour

 

3)         All CE must be completed in the 24 months preceding expiration of the license.

 

4)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

 

5)         Nurses licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

6)         Continuing education hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois pursuant to the provisions set forth in subsection (e).

 

b)         Approved Continuing Education

 

1)         CE hours shall be earned by verified attendance at (e.g., certificate of attendance or certificate of completion) or participation in a program or course (program) that is offered or sponsored by an approved CE sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2), (3) and (4).

 

2)         Independent study that is approved for CE credits as set forth in subsection (c) may be used, i.e., home study programs, articles from journals, and other health discipline independent study modules.

 

3)         Academic credits may be used to fulfill CE requirements if the course content is consistent with subsection (c)(3).  CE hours are awarded as outlined in subsection (a)(4).

 

A)        College/university courses that are audited may not be used for CE credit.

 

B)        Degree "core" or general education credits such as English, literature, history, math, music and physical education may not be used.

 

4)         Presenter/lecturer presentations made to other health professionals on topics related to the certification area may be used for CE credit.  Each different individual, non-repetitive 60-minute lecture may be used for 5 CE hours.  Full-time educators may not use presentations/lectures that are part of their job expectations- but may use guest lectures and other presentations made outside the duties of their job.

 

5)         CE hours may be earned for authoring papers, publications, articles, dissertations, book chapters or research projects.  These must be applicable to the practice area.  The research project must be completed during the prerenewal period.  Authoring a paper or publishing articles may be used for 10 CE hours.  Authoring a book chapter, dissertation or research project may be used for 20 CE hours.  APRNs may obtain a maximum of 30 CE hours earned under this subsection (b)(5).

 

6)         Up to 5 CE hours may be earned for completion of skills certification courses.  A maximum of 2 hours in cardiopulmonary resuscitation certified by the American Red Cross, American Heart Association, Health and Safety Institute (HSI), or other qualified organization may be accepted, while a maximum of 3 hours may be accepted for certification or recertification in Basic Life Support for Healthcare Providers (BLS), Advanced Cardiac Life Support (ACLS), or Pediatric Advanced Life Support (PALS) or their equivalent.

 

7)         CE Options for APRNs

 

A)        CE hours may be earned through preceptorship of an APRN student.  Preceptors must provide clinical supervision and education to the APRN student.  Documentation must be provided from the school of nursing in which the student is enrolled.  Precepting one student for an academic semester or quarter may be used for 10 CE hours.  Not more than 30 CE hours in each renewal period may come from precepting.

 

B)        Successful completion, during the prerenewal period, of a recertification exam in the APRN's area of specialty as recognized in Section 1300.10 may be used for 60 CE hours.

 

c)         Approved CE Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean:

 

A)        Approved providers of recognized certification bodies as outlined in Section 1300.400(a).

 

B)        Any conference that provides approved Continuing Medical Education (CME) as authorized by the Illinois Medical Practice Act.

 

C)        American Nurses Credentialing Center (ANCC) accredited or approved providers.

 

D)        Illinois Society for Advanced Practice Nursing (ISAPN).

 

E)        American Association of Nurse Practitioners (AANP).

 

F)         Nurse Practitioner Association for Continuing Education (NPACE).

 

G)        American Association of Nurse Anesthetists (AANA), or National Board of Certification and Recertification for Nurse Anesthetists (NBCNA).

 

H)        National Association of Clinical Nurse Specialists (NACNS).

 

I)         American College of Nurse Midwives (ACNM).

 

J)         American Nurses Association-Illinois (ANA-Illinois).

 

K)        Illinois Nurse Association or its affiliates.

 

L)        Providers approved by another state's board of nursing.

 

M)       Nursing education programs approved under Section 1300.230 or 1300.340 wishing to offer CE courses or programs.

 

N)        Employers licensed under the Hospital Licensing Act [210 ILCS 85] or the Ambulatory Surgical Treatment Center Act [210 ILCS 5].

 

O)        Any other accredited school, college or university, State agency, federal agency, county agency or municipality that provides CE in a form and manner consistent with this Section.

 

2)         An entity seeking approval as a CE sponsor, not specifically listed in subsection (c)(1), shall submit an application, on forms supplied by the Division, along with the application fee specified in Section 1300.30(a)(5).  The application shall include:

 

A)        Certification:

 

i)          That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) and all other criteria in this Section;

 

ii)         That the sponsor will be responsible for verifying full-time continuous attendance at each program and provide a certificate of attendance as set forth in subsection (c)(7);

 

iii)        That, upon request by the Division, the sponsor will submit evidence (e.g., certificate of attendance or course material) necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute.

 

B)        A copy of a sample program with faculty, course materials and syllabi.

 

3)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the practice of nursing;

 

B)        Foster the enhancement of general or specialized nursing practice and values;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content and teaching methods to be used; and

 

E)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

 

4)         Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants.  The evaluation may be completed on-site immediately following the program/presentation, or an evaluation questionnaire may be distributed to participants to be completed and returned by mail.  The sponsor and instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

5)         A sponsor approved pursuant to subsection (c)(1) may subcontract with individuals or organizations to provide approved programs.  All advertising, promotional materials and certificates of attendance must identify the approved sponsor.  The presenter of the program may also be identified but should be identified as a presenter.  When an approved sponsor subcontracts with a presenter, the sponsor retains all responsibility for monitoring attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

 

6)         To maintain approval as a sponsor approved under subsection (c)(2), each sponsor shall submit to the Division by May 31 of each even-numbered year a renewal application and the renewal fee specified in Section 1300.30(b).

 

7)         Certification of Attendance.  It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The sponsor's name and, if applicable, sponsor approval number;

 

B)        The name of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

8)         The sponsor shall maintain attendance records for not less than 5 years.

 

9)         The sponsor shall be responsible for assuring that no renewal applicant will receive CE credit for time not actually spent attending the program.

 

10)         Upon the failure of a sponsor to comply with any of the requirements of this subsection (c), the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE attendance at or participation in any of that sponsor's CE programs until such time as the Division receives assurances of compliance with this Section.

 

11)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificates of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100].

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

2)         If a licensee fails to submit an out-of-state CE approval form within the required time frame, late approval may be obtained by submitting the approval request with the $25 processing fee plus a late fee of $50 per CE hour, not to exceed $300.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

f)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, along with the required fee set forth in Section 1300.30(b), a statement setting forth the facts concerning noncompliance and a request for waiver of the CE requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division will waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

2)         Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

A)        Full-time service in the Armed Forces of the United States during a substantial part of the prerenewal period;

 

B)        An incapacitating illness documented by a currently licensed health care provider;

 

C)        A physical inability to access the sites of approved programs documented by a currently licensed health care provider; or

 

D)        Any other similar extenuating circumstances.

 

3)         When the licensee is requesting a waiver due to physical or mental illness or incapacity, the licensee shall provide a current fitness to practice statement from a currently licensed health care provider familiar with the licensee's medical history.

 

4)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

SUBPART B: LICENSED PRACTICAL NURSE

 

Section 1300.200  Application for Examination or Licensure

 

a)         Each applicant shall file with the Division or the testing service designated by the Division a completed, signed application, on forms supplied by the Division, that includes:

 

1)         Proof of graduation from a licensed practical nursing education program that meets the requirements of Section 1300.230;

 

2)         Verification of fingerprint processing from ISP or its designated agent.  (Practical nurses licensed in Illinois are not required to be fingerprinted when applying for a license as a registered professional nurse.)  Applicants shall contact an Illinois-licensed fingerprint vendor for fingerprint processing.  Out-of-state residents may have their fingerprints taken by an out-of-state vendor but the fingerprints must be processed by an Illinois Livescan Vendor.  Fingerprints shall be taken within the 60 days prior to application;

 

3)         The required fees set forth in Section 1300.30(a)(1);

 

4)         For applicants educated outside the United States or its territories, the following:

 

A)        A credentials evaluation report of the applicant's foreign nursing education from the Commission on Graduates of Foreign Nursing Schools (CGFNS), Credentials Evaluation Service (CES), the Educational Records Evaluation Service (ERES), or another credentialing service approved by the Division.  However, the Division shall not accept a credential report that does not evaluate the educational program of the applicant based upon receipt and review of official transcripts from the nursing education program bearing the school seal. In order to be accepted by the Division, credential reports shall be in a form and manner acceptable to the Division.

 

B)        If the applicant's first language is not English, certification of passage of either the Test of English as a Foreign Language (TOEFL) or the International English Language Testing System (IELTS) General Training Module.  For TOEFL, the minimum passing score on the paper-based test is 560, computer-based test is 220, and internet-based test is 83.  For the IELTS General Training Module, the minimum passing score shall be 6.0 (overall score) and 7.0 (spoken band).  The Division may, upon recommendation from an approved credentials evaluation service, waive the requirement that the applicant pass the TOEFL or IELTS examination if the applicant submits verification of the successful completion of a nursing education program conducted in English or the passage of an approved licensing examination given in English;

 

5)         Official transcripts of theory and clinical education prepared by an official of the military for a practical nurse applicant who has received practical nursing education in the military service.  This education must meet the standards set forth in Section 1300.230; and

 

6)         Verification from the jurisdictions in which the applicant was originally licensed, current state of licensure and any other jurisdiction in which the applicant has been actively practicing within the last 5 years, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of original issuance of the license; and

 

B)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         Any applicant who fails to demonstrate fulfillment of the education requirements shall be notified in writing and must satisfy the deficiency before being granted temporary authority to practice nursing, as permitted by Section 60-10 of the Act, or being admitted to the examination.  Deficiencies in nursing theory and/or clinical practice may be removed by taking the required courses in an approved nursing education program.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.210  LPN Licensure Examination

 

a)         The Board shall make recommendations to the Division regarding content, design and contractor for a licensure examination.  A licensure examination contract shall be negotiated and approved by the Division.

 

b)         Licensed Practical Nurse Examination

 

1)         The passing grade on the National Council Licensure Examination (NCLEX) for LPNs shall be based on an ability scale designed to measure minimum LPN competency.  A pass/fail grade will be assigned.

 

2)         An LPN applicant who fails the examination is not eligible for licensure.

 

3)         If the examination is not passed within 3 years from the date of the first examination taken, regardless of the jurisdiction in which the examination was written, the applicant shall not be permitted to retake the examination until the applicant has enrolled in a NLCEX review course.  The applicant shall submit proof to the Division.  This subsection (b)(3) does not apply to applicants licensed in another jurisdiction.

 

4)         If 3 years from the date of original application has lapsed, the applicant shall be required to submit a new application to the Division pursuant to Section 55-10 of the Act.

 

c)         Eligibility for Licensed Practical Nurse Examination

Any candidate who is unable to pass the registered professional nurse examination will not be permitted to write the practical nurse examination until or unless that applicant has graduated from an approved practical nursing education program.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.220  LPN Licensure by Endorsement

 

a)         Each applicant who is licensed in another jurisdiction shall file a completed, signed application for licensure on the basis of endorsement, on forms supplied by the Division.  The application shall include:

 

1)         The fee required by Section 1300.30(a)(1);

 

2)         Proof of graduation from an LPN nursing education program that meets the requirements of Section 1300.230;

 

3)         Proof of passage of an examination recognized by the Division, upon recommendation of the Board (i.e., National Council Licensure Examination for practical nurses, or State Board Test Pool Examination for practical nurses);

 

4)         Verification of fingerprint processing from ISP or its designated agent.  (Practical nurses licensed in Illinois are not required to be fingerprinted when applying for a license as a registered professional nurse.)  Applicants shall contact an Illinois-licensed fingerprint vendor for fingerprint processing.  Out-of-state residents may have their fingerprints taken by an out-of-state vendor but the fingerprints must be processed by an Illinois Livescan Vendor.  Fingerprints shall be taken within the 60 days prior to application;

 

5)         Official transcripts of theory and clinical education prepared by an official of the military for a practical nurse applicant who has received his/her education in the military service.  Education must meet the standards for education set forth in Section 1300.230;

 

6)         Verification of licensure status from the jurisdiction in which the applicant was originally licensed, current licensure and any other jurisdiction in which the applicant has been actively practicing within the last 5 years; and

 

7)         A certified translation for all credentials of education and licensure, if not in English.

 

8)         For LPN applicants who received education outside of the United States, a credentials evaluation report of the applicant's foreign nursing education from the Commission on Graduates of Foreign Nursing Schools (CGFNS) Credentials Evaluation Service (CES), the Educational Records Evaluation Service (ERES) or another credentialing service approved by the Division.  This requirement can be satisfied by providing proof of licensure in a state that requires such a report for initial licensure.

 

b)         After filing the original application, any change of name must be supported by an affidavit satisfactory to the Division.

 

c)         Compliance with the provisions of Section 1300.210(b)(3) for each practical nurse applicant shall be a requirement for Illinois practical nurse licensure by endorsement.

 

d)         Eligibility for Practical Nurse Endorsement

A candidate who is unable to pass the LPN examination in another jurisdiction and is allowed to write the practical nurse examination in that jurisdiction and is subsequently licensed as a practical nurse in that jurisdiction is not eligible for endorsement in Illinois unless and until the candidate has graduated from an approved practical nursing education program.

 

e)         Individuals applying for licensure by endorsement may apply to the Division, on forms provided by the Division, to receive a Temporary Endorsement Permit pursuant to Section 55-10 of the Act.   The permit shall allow the applicant to work pending the issuance of a license by endorsement.

 

1)         The temporary endorsement permit application shall include:

 

A)        A completed, signed endorsement application, along with the required endorsement licensure fee set forth in Section 1300.30(a)(2).  All supporting documents shall be submitted to the Division before a permanent license by endorsement is issued;

 

B)        Photocopies of all current active nursing licenses and/or temporary permits/licenses from other jurisdictions.  Current active licensure in at least one United States jurisdiction is required. Each applicant's license will be checked on the Nurse System (NURSYS) disciplinary data bank to determine if any disciplinary action is pending on the applicant's file;

 

C)        Verification that fingerprints have been submitted to the Division or the Illinois Department of State Police or its designated agent; and

 

D)        The fee for a temporary permit as required in Section 1300.30(a)(2).

 

2)         The Division shall issue a temporary endorsement permit no later than 14 days after receipt of a completed application as set forth in subsection (e)(1).

 

3)         Temporary permits shall be terminated upon:

 

A)        The issuance of a permanent license by endorsement;

 

B)        Failure to complete the application process within 6 months from the date of issuance of the permit;

 

C)        A finding by the Division that the applicant has been convicted of any crime under the laws of any jurisdiction of the United States that is:

 

i)          A felony; or

 

ii)         A misdemeanor directly related to the practice of nursing, within the last 5 years;

 

D)        A finding by the Division 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 is substantially equivalent to grounds in Illinois; or

 

E)        A finding by the Division that the applicant does not meet the licensure requirements for endorsement set forth in this Section.  The Division shall notify the applicant in writing of the termination.

 

4)         The Division shall notify the applicant by certified or registered mail of the intent to deny licensure pursuant to subsections (e)(3)(D) and (E) of this Section and/or Section 70-5 of the Act.

 

5)         A temporary permit shall be renewed beyond the 6-month period, upon recommendation of the Board and approval of the Director, due to hardship, defined as:

 

A)        Serving full-time in the Armed Forces;

 

B)        An incapacitating illness as documented by a currently licensed health care provider;

 

C)        Death of an immediate family member; or

 

D)        Extenuating circumstances beyond the applicant's control, as approved by the Director.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.230  Approval of Programs

 

a)         Program Approval

Institutions desiring to establish a new nursing program that would lead to meeting requirements for licensure, change the level of educational preparation of the program, or establish an extension of an existing program shall:

 

1)         Submit a letter of intent to the Division.

 

2)         Provide a feasibility study to the Division, on forms provided by the Division, that includes, at least, documentation of:

 

A)        Need for the program in the community;

 

B)        Need for graduates of the proposed program;

 

C)        Availability of students;

 

D)        Impact on existing nursing programs in a 50 mile radius of the proposed program;

 

E)        Potential for qualified faculty, including the curriculum vitae of any potential faculty members;

 

F)         Adequacy of clinical practicum and academic resources;

 

G)        Financial commitment to support the initial and continuing program;

 

H)        Community support of the scope and philosophy of the program;

 

I)         Authorization by the appropriate education agency of the State of Illinois; and

 

J)         A timetable for development of the program and the intended date of the first class beginning.

 

3)         Identify a qualified nurse administrator with a minimum of a master's degree in nursing and with experience as a nurse educator and provide a curriculum vitae of the proposed nurse administrator.

 

4)         Submit a curriculum proposal including:

 

A)        Program philosophy and objectives;

 

B)        A plan of organization that is logical and internally consistent;

 

C)        Proposed plans of study, including requisite and elective courses with rationale;

 

D)        Course outlines or syllabi for all nursing courses;

 

E)        Student handbook;

 

F)         Faculty qualifications;

 

G)        Instructional approaches to be employed;

 

H)        Evaluation plans for progress, faculty and students; 

 

I)         Facilities and utilization plan; and

 

J)         Budget plan.

 

5)         Coordinate with the Division and/or the DPR Nursing Coordinator for a site visit to be conducted prior to program approval.

 

b)         Continued Program Approval

 

1)         Nursing education programs shall submit annual evaluation reports to the Division on forms provided by the Division.  These reports shall contain information regarding curriculum, faculty and students and other information deemed appropriate by the Division.

 

2)         Full routine site visits may be conducted by the Division for periodic evaluation.  The visits will be utilized to determine compliance with the Act.  Unannounced site visits may be conducted when the Division obtains evidence that would indicate the program is not in compliance with the Act or this Part.

 

3)         A pass rate of graduates on the National Council Licensing Examination (NCLEX) shall be included in the annual evaluation of nursing education programs.

 

A)        A pass rate of 75% of first time examinees will be required for a school to remain in good standing.

 

B)        A nursing education program having an annual pass rate of less than 75% of first time examinees for one year will receive a written warning of noncompliance from the Division.

 

C)        A nursing education program having an annual pass rate of less than 75% of first time examinees for 2 consecutive years will receive a site visit for evaluation and recommendation by the Division and will be placed on probation for program revision in accordance with 68 Ill. Adm. Code 1110.

 

D)        The nursing education program will have 2 years to demonstrate evidence of implementing strategies to correct deficiencies and bring the pass rate in line with the 75% criteria.

 

E)        If, 2 years after implementing the strategies to correct deficiencies in the program, the annual pass rate is less than 75%, the program will be reevaluated.  The program will be allowed to continue to operate on a probationary status or will be disapproved and removed from the list of Illinois approved nursing programs in accordance with 68 Ill. Adm. Code 1110.

 

c)         Major Curricular Revision

Nursing education programs desiring to make a major curricular revision, i.e., addition or deletion of content, a substantive change in philosophy or conceptual framework, or length of program, shall:

 

1)         Submit a letter of intent to the Division; and

 

2)         Submit a copy of the proposed changes and new material to the Division, at least one term prior to implementation, for Board recommendation and Division approval in accordance with the standards set forth in subsection (f).

 

d)         Minor Curricular Revisions

Nursing education programs desiring to make curricular revisions involving reorganization of current course content but not constituting a major curriculum revision shall submit the proposed changes to the Division in their annual report.

 

e)         Organization and Administration

 

1)         An institution responsible for conducting a nursing education program shall be authorized by the appropriate agency of the State of Illinois (e.g., Illinois Board of Higher Education, Illinois Community College Board);

 

2)         The relationship of the nursing education program to other units within the sponsoring institution shall be clearly delineated with organizational charts on file with the Division;

 

3)         Nursing education programs shall have clearly defined lines of authority, responsibility and communication;

 

4)         Student input into determination of academic policies and procedures, curriculum planning and evaluation of faculty effectiveness shall be assured as evidenced by information such as student membership on policy and evaluation committees, policy statements and evaluation procedures;

 

5)         Nursing education program policies and procedures shall be in written form, congruent with those of the sponsoring institution, and reviewed by members of the program on a regular schedule;

 

6)         The philosophy, purpose and objectives of the nursing education program shall be stated in writing and shall be consistent with the sponsoring institution and current social, nursing and educational trends and the Act.

 

f)         Curriculum and Instruction

 

1)         The curriculum shall be based upon the stated program purpose, philosophy and outcomes;

 

2)         Levels of progression in relation to the stated program outcomes shall be established;

 

3)         Coordinated clinical and theoretical learning experiences shall be consistent with the program outcomes;

 

4)         Curricular content shall reflect contemporary nursing practice encompassing major health needs of all age groups;

 

5)         The entire curriculum shall be based on sound nursing, education and instructional principles;

 

6)         The curriculum shall be evaluated by faculty with student input, according to a stated plan;

 

7)         The program shall be approved by the appropriate educational agency;

 

8)         Curriculum for the practical nursing programs shall:

 

A)        Include, at a minimum, basic concepts of anatomy, physiology, chemistry, microbiology, physics, communications, growth and development, interpersonal relationships, psychology, sociology, cultural diversity, pharmacology (pharmacology course standards are set forth in Section 1300.240), nutrition and diet therapy and vocational, legal and ethical aspects of nursing;

 

B)        Not  preclude a flexible curriculum that would provide appropriate integration of the nursing subject areas;

 

C)        Provide basic theoretical and clinical instruction in all areas of nursing practice in the promotion, prevention, restoration and maintenance of health in individuals and groups across the life span and in a variety of clinical settings;

 

D)        Incorporate the nursing process as an integral part of the curriculum;

 

E)        Prepare the student to assume entry level practical nursing positions to assist clients with normal and common health problems through use of basic nursing skills;

 

F)         Be at least one academic year in length; and

 

G)        If a military program, consist of a minimum of 36 to 40 weeks of theory and clinical instruction incorporating the curriculum outlined in subsection (f)(8)(A).

 

g)         Nursing Administrator and Faculty

 

1)         The institution responsible for conducting the nursing program and the nurse administrator of the nursing education program shall be responsible for ensuring that the individual faculty members are academically and professionally qualified.

 

2)         Nursing education programs shall be administered by the nurse administrator of the nursing education program.

 

3)         The nurse administrator and faculty of a nursing education program shall be currently licensed as registered professional nurses in Illinois.

 

4)         The nurse administrator of a nursing education program shall have at least:

 

A)        2 years' experience in clinical nursing practice;

 

B)        2 years' experience as a nurse educator; and

 

C)        A master's degree or higher with a major in nursing.

 

5)         Nurse faculty of a practical nursing program shall have:

 

A)        At least 2 years' experience in clinical nursing practice; and

 

B)        A baccalaureate degree or higher with a major in nursing.

 

6)         The requirements of subsections (g)(4) and (5) shall not affect incumbents as of the original date these requirements were adopted, January 14, 1980.

 

7)         Nurse administrators of nursing education programs shall be responsible for:

 

A)        Administration of the nursing education program;

 

B)        Liaison with other units of the sponsoring institution;

 

C)        Preparation and administration of the budget;

 

D)        Facilitation of faculty development and performance review;

 

E)        Facilitation and coordination of activities related to academic policies, personnel policies, curriculum, resource facilities and services and program evaluation; and

 

F)         Notification to the Division of program changes.

 

8)         Faculty shall be responsible for:

 

A)        Development, implementation and evaluation of the purpose, philosophy and objectives of the nursing education program;

 

B)        Design, implementation and evaluation of curriculum for the nursing education program;

 

C)        Participation in academic advising of students;

 

D)        Development and evaluation of student policies; and

 

E)        Evaluation of student performance in meeting the objectives of the program.

 

9)         Faculty shall participate in:

 

A)        Selection, promotion and tenure activities;

 

B)        Academic activities of the institution;

 

C)        Professional and health related community activities;

 

D)        Self-development activities for professional and personal growth;

 

E)        Research and other scholarly activities for which qualified; and

 

F)         Activities that maintain educational and clinical expertise in areas of teaching.

 

10)         Clinical experience must be under direct supervision of qualified faculty as set forth in this subsection (g) or with a registered nurse preceptor. The nurse preceptor shall be approved by the parent institution and shall work under the direction of a nurse faculty member.

 

11)         The ratio of students to faculty in the clinical area shall be appropriate to the clinical learning experience:

 

A)        When under direct supervision of the faculty, the ratio shall not exceed 10 to 1.

 

B)        When a registered nurse preceptor is used, the ratio of students to faculty member shall not exceed 12 to 1.

 

h)         Financial Support, Facilities, Records

 

1)         Adequate financial support for the nursing education program, faculty and other necessary personnel, equipment, supplies and services shall be in evidence in the program budget.

 

2)         The faculty of the nursing education program and the staff of cooperating agencies used as sites for additional theory and clinical experience shall work together for quality of patient care.

 

3)         Articles of Affiliation

 

A)        The nursing education program shall have Articles of Affiliation between the nursing education program and each clinical facility that define the rights and responsibilities of each party, including agreements on the role and authority of the governing bodies of both the clinical site and the nursing education program.

 

B)        If portions of the required clinical or theoretical curriculum are offered at different geographical sites or by distance learning, the curriculum must be planned, supervised, administered and evaluated in concert with appropriate faculty committees, department chairmen and administrative officers of the parent school.

 

4)         There shall be adequate facilities for the nursing program for both academic and clinical experiences for students.

 

5)         There shall be access to learning resource facilities, including library and multi-media technology, that are reasonably sufficient for the curriculum and the number of students enrolled in the nursing education programs.

 

6)         Cooperating agencies shall be identified to the Division and shall be suitable to meet the objectives of the program.

 

7)         Addition or deletion of cooperating agencies shall be reported in writing to the Division on the program annual report.

 

8)         The nursing program's policies and procedures shall not violate constitutional rights and shall be written and available to faculty and students.

 

9)         Permanent student records that summarize admissions, credentials, grades and other records of performance shall be maintained by the program.

 

i)          Preceptors

A program of licensed professional nursing that uses the personnel of a clinical facility as preceptors to instruct the clinical experience must:

 

1)         Require each preceptor to have demonstrated competencies with patient populations to which the student is assigned;

 

2)         Require each preceptor to be approved by the faculty of the program of nursing;

 

3)         Require the faculty of the program to provide to each preceptor an orientation concerning the roles and responsibilities of students, faculty and preceptors;

 

4)         Require the faculty of the program to develop written competencies/outcomes and provide a copy of these to each preceptor before the preceptor begins instruction of the students;

 

5)         Designate a member of the faculty to serve as a liaison between the preceptor and each student who participates in the clinical experience;

 

6)         Require that each preceptor be present in the clinical facility or at the location of point of care and available to the students at all times when the student provides nursing care or services to patients/clients;

 

7)         Require that each preceptor have a current registered professional nurse license in the state where the student is practicing.

 

j)          Denial of Approval of Nursing Program

If the Division, in the course of reviewing an application for approval of a nursing program, determines that an applicant program has failed to comply with the application criteria or procedures outlined in this Part, or receives information that indicates that the applicant program will not be able to comply with the conditions set forth in subsection (b), the Division may deny the application for approval.

 

k)         Discontinuance of a Nursing Program

 

1)         Prior to terminating a nursing education program, the program shall:

 

A)        Notify the Division, in writing, of its intent to discontinue its program;

 

B)        Continue to meet the requirements of the Act and this Part until the official date of termination of the program;

 

C)        Notify the Division of the date on which the last student will graduate and the program will terminate; and

 

D)        Assume responsibility for assisting students to continue their education in the event of closing of the school prior to the final student graduating.

 

2)         Upon closure of the nursing education program, the institution shall notify the Division, in writing, of the location of student and graduate records storage.

 

l)          Revocation of Program Approval

 

1)         The following are grounds for disapproval of a nursing education program:

 

A)        A violation of any provision of the Act;

 

B)        Fraud or dishonesty in applying for approval of a nursing education program;

 

C)        Failure to continue to meet criteria of an approved nursing education program set forth in this Section; or

 

D)        Failure to comply with recommendations made by the Division as a result of a site visit.

 

2)         Upon written notification of the Division's proposed action, the nursing education program may:

 

A)        Submit a written response;

 

B)        Request a hearing before the Board.

 

m)        Out-of-State Education Programs Seeking Student Nurse Clinical Placement in Illinois

 

1)         Out-of-state nursing education programs offering clinical experiences in Illinois are expected to maintain the standards for approved nursing education programs set forth in this Section.

 

2)         Programs desiring to seek approval for student nurse clinical placement in Illinois shall submit the following documents:

 

A)        Evidence of approval/accreditation by the Board of Nursing or other appropriate approval bodies in the state in which the institution is located.

 

B)        A letter requesting approval to provide the clinical offering that indicates the time-frame during which the clinical experience will be conducted, the clinical agencies and the clinical units to be utilized.

 

C)        A course syllabus for the clinical experiences to be offered that specifies the related objectives of the offering.

 

D)        A copy of the executed contractual agreement between the academic institution and the clinical facility.

 

E)        A faculty qualification and/or preceptor form for individuals providing instruction in Illinois.

 

3)         Faculty

 

A)        The institution responsible for conducting the nursing program and the administrator of the nursing education program shall be responsible for ensuring that the individual faculty members are academically and professionally qualified.

 

B)        Nurse faculty of a practical nursing program shall have:

 

i)          At least 2 years' experience in clinical nursing practice; and

 

ii)         A baccalaureate degree or higher with a major in nursing.

 

C)        The faculty shall be currently licensed as registered professional nurses in Illinois.

 

D)        Clinical experience must be under direct supervision of qualified faculty as set forth in subsection (g) or with a registered nurse preceptor. The nurse preceptor shall be approved by the parent institution and shall work under the direction of a nurse faculty member.

 

E)        The ratio of students to faculty in the clinical area shall be appropriate to the clinical learning experience.

 

i)          When under direct supervision of the faculty, the ratio shall not exceed 10 to 1.

 

ii)         When a registered nurse preceptor is used, the ratio of students to faculty member shall not exceed 12 to 1.

 

4)         Approval for clinical offerings by out-of-state nursing programs shall be approved for a period of 2 years.  A program representative may request renewal of the approval every 2 years. In order to renew, the program shall submit a written report that provides updated and current data as required by this subsection (m).

 

5)         A written report of current clinical offerings and current data shall be submitted to the Division annually.  Faculty qualification and preceptor forms shall be submitted when instructors are added or changed.

 

6)         Failure to comply with the requirements set forth in this Part shall result in the immediate withdrawal of approval of the clinical experience offering.

 

n)         If the name of the program is changed or the institution in which the program is located or with which it is affiliated changes its name, the program shall notify the Division within 30 days after the name change.  If the Division is not notified within the 30 days, the program's approval may be withdrawn.

 

o)         The Division has determined that nationally accredited nurse programs meet the requirements set forth in this Section, except for those programs whose curriculums do not include a concurrent theory and clinical practice education component as required by Section 50-70 of the Act.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.240  Standards for Pharmacology/Administration of Medication Course for Practical Nurses

 

a)         Approved licensed practical nursing programs shall include a course designed to educate practical nursing students and/or licensed practical nurses to administer medications via oral, topical, subcutaneous, intradermal and intramuscular routes under the direction of a registered professional nurse, advanced practice registered nurse, physician assistant, physician, dentist or podiatric physician that contains the following minimum components:

 

1)         Prerequisites

 

A)        Basic computational math and high school algebra with proficiency in the following concepts, including, but not limited to, ratios and proportions and metric, apothecary and household measurements as documented via examination and/or coursework completed.

 

B)        Basic scientific knowledge, including, but not limited to, microbiology/asepsis and anatomy and physiology with a basic understanding of fluid and electrolytes, the inflammatory response, the immune response, and body systems as documented via examination or coursework.

 

2)         Pharmacology

 

A)        An introduction to pharmacology, including the areas of:

 

i)          Terminology and abbreviations

 

ii)         Federal and State laws related to pharmacology (e.g., Illinois Controlled Substances Act [720 ILCS 570]; federal Food, Drug and Cosmetic Act (21 USC 360))

 

iii)        Drug standards and references (i.e., United States Pharmacopoeia/National Formulary)

 

iv)        Generic versus brand name drugs

 

v)         Misuse/abuse of drugs

 

B)        Classifications of drugs (with commonly used examples), including:

 

i)          Action/Physiological effect

 

ii)         Interactions

 

iii)        Side effects and contraindications

 

iv)        Dosages and routes

 

v)         Nursing implications (including legal implications)

 

3)         Administration of Medication

 

A)        Following procedures of safety as described in subsections (a)(3)(C), (D), (E) and (F) in administering medications.

 

B)        Developmental adaptations for administering medications to patients of all ages.

 

C)        Assessment of patient condition.

 

D)        Planning for administration of medication, including:

 

i)          Checking for an order from an advanced practice registered nurse, physician assistant, physician, dentist or podiatric physician

 

ii)         Securing proper equipment

 

iii)        Verifying proper packaging of medication

 

E)        Implementation of administration of medication, including:

 

i)          Site selection

 

ii)         Verifying route of administration

 

iii)        Administering the medication

 

iv)        Recording medication administration

 

v)         Patient education for compliance

 

F)         Evaluation of patient response, including:

 

i)          Effects/side effects/allergic responses

 

ii)         Recording/reporting of effects

 

b)         This Section does not preclude a flexible curriculum that would provide appropriate integration into other practical nursing courses.

 

c)         The course/instruction shall include at least 32 hours of theory and 64 hours of lab and clinical with administration of medication to patients performed under direct supervision of qualified faculty as set forth in subsection (d).

 

d)         Nurse faculty of pharmacology and administration of medication courses shall have:

 

1)         At least 2 years experience in clinical nursing practice;

 

2)         A baccalaureate degree with a major in nursing;

 

3)         A current Illinois Registered Professional Nurse license.

 

e)         Approved licensed practical nursing programs shall include a curriculum designed to educate practical nursing students and/or licensed practical nurses to perform the following activities related to intravenous therapy under the supervision of a registered professional nurse, advanced practice registered nurse, physician assistant, physician, dentist or podiatric physician:

 

1)         Monitoring the flow rate of existing intravenous lines.

 

2)         Regulating peripheral fluid infusion rates for a continuous infusion of fluids or for intermittent infusions, through an IV access device.  A peripheral IV line is defined as a short catheter inserted through the skin terminating in a peripheral vein.

 

3)         Observing sites for local reaction and reporting results to the registered nurse.

 

4)         Discontinuing intravenous therapy with an order from an advanced practice registered nurse, physician assistant, physician, dentist or podiatric physician.

 

5)         Adding pharmacy pre-mixed antibiotic solutions to existing patent lines.

 

6)         Changing peripheral intravenous tubings and dressings.

 

7)         Monitoring existing transfusions of blood and blood components.

 

8)         Documenting intravenous procedures performed and observations made.

 

f)         This curriculum shall prepare the LPN to start peripheral intravenous therapy that consists of a short catheter inserted through the skin into a peripheral vein.

 

g)         The curriculum shall not include the following procedures:

 

1)         Administering chemotherapeutic agents via intravenous routes.

 

2)         Starting or adding blood or blood components.

 

3)         Administering medications via intravenous push or administering heparin in heparin locks.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.250  LPN Scope of Practice

 

Practice as a licensed practical nurse means a scope of basic nursing practice, with or without compensation, as delegated by a registered professional nurse or an advanced practice registered nurse or as directed by a physician assistant, physician, dentist or podiatric physician, and includes all of the following and other activities requiring a like skill level for which the LPN is properly trained:

 

a)         Conducting a focused nursing assessment and contributing to the ongoing comprehensive nursing assessment of the patient performed by the RN.

 

b)         Collaborating in the development and modification of the RN's or APRN's comprehensive nursing plan of care for all types of patients.

 

c)         Implementing aspects of the plan of care.

 

d)         Participating in health teaching and counseling to promote, attain, and maintain the optimum health level of patients.

 

e)         Serving as an advocate for the patient by communicating and collaborating with other health service personnel.

 

f)         Participating in the evaluation of patient responses to interventions.

 

g)         Communicating and collaborating with other health care professionals.

 

h)         Providing input into the development of policies and procedures to support patient safety. (Section 55-30 of the Act)

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.260  Standards for Professional Conduct for LPNs

 

a)         The licensed practical nurse shall, but is not limited to, upholding the following professional standards:

 

1)         Practice in accordance with the Act and this Part;

 

2)         Practice nursing only when in functional physical and mental health;

 

3)         Be accountable for his or her own nursing actions and competencies;

 

4)         Practice or offer to practice, including delegated nursing activities, only within the scope permitted by law and within the licensee's own educational preparation and competencies;

 

5)         Perform nursing interventions as delegated;

 

6)         Seek instruction from a registered professional nurse or advanced practice registered nurse when implementing new or unfamiliar nursing activities;

 

7)         Report unsafe, unethical or illegal health care practice or conditions to appropriate authorities and to the Division;

 

8)         Assume responsibility for continued growth and education to reflect knowledge and understanding of current nursing care practice.

 

b)         Violations of this Section may result in discipline as specified in Section 70-5 of the Act. 

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

SUBPART C: REGISTERED NURSE

 

Section 1300.300  Application for Examination or Licensure

 

a)         Each applicant shall file, with the Division or the testing service designated by the Division, a completed, signed application, on forms supplied by the Division, that includes:

 

1)         Proof of graduation from a nursing education program that meets the requirements of Section 1300.40;

 

2)         Verification of fingerprint processing from ISP or its designated agent.  (Practical nurses licensed in Illinois are not required to be fingerprinted when applying for a license as a registered professional nurse.)  Applicants shall contact an Illinois-licensed fingerprint vendor for fingerprint processing.  Out-of-state residents may have their fingerprints taken by an out-of-state vendor but the fingerprints must be processed by an Illinois Livescan Vendor.  Fingerprints shall be taken within the 60 days prior to application;

 

3)         The fees required by Section 1300.30(a)(1);

 

4)         For applicants educated outside the United States or its territories, the following:

 

A)        A credentials evaluation report of the applicant's foreign nursing education from either the Commission on Graduates of Foreign Nursing Schools (CGFNS) Credentials Evaluation Service (CES), the Educational Records Evaluation Service (ERES), or another credentialing service approved by the Division.  To be accepted, the report must:

 

i)          Verify that the applicant has successfully completed nursing education equivalent to education received in a US state or territory as determined by the Department, based upon receipt and review of official transcripts from the nursing education program bearing the school seal;

 

            ii)         Indicate any subject matter deficiencies; and

 

iii)        Be in a form and manner acceptable to the Division.  The Division will not accept a credential report until it receives all relevant information required by this Section; and

 

B)        If the applicant's first language is not English, certification of passage of either the Test of English as a Foreign Language (TOEFL) or the International English Language Testing System (IELTS) Academic Module.  For TOEFL the minimum passing score on the paper-based test is 560, computer-based test is 220, and internet-based test is 83.  For the IELTS Academic Module, the minimum passing score shall be 6.5 (overall score) and 7.0 (spoken band).  The Division may, upon recommendation from an approved credentials evaluation service, waive the requirement that the applicant pass the TOEFL or IELTS examination if the applicant submits verification of the successful completion of a nursing education program conducted in English.

 

b)         Any applicant who fails to demonstrate fulfillment of the education requirements shall be notified in writing and must satisfy the deficiency before being granted temporary authority to practice nursing, as permitted by Section 60-10 of the Act, or being admitted to the examination.  Deficiencies in nursing theory and/or clinical practice may be removed by taking the required courses in an approved nursing education program.

 

c)         When the applicant has completed the nursing education program in less than the usual length of time through advanced standing or transfer of credits from one institution to another, the director of nursing education shall include an explanation in the certification.

 

d)         Pursuant to Section 50-70 of the Act, when an applicant has completed a nonapproved program that is a correspondence course or a program of nursing that does not require coordinated or concurrent theory and clinical practice, the Division may grant a license to an applicant who has applied in accordance with subsection (a) and who has received an advanced graduate degree in nursing from an approved program with concurrent theory and clinical practice or who is currently licensed in another state and has been actively practicing in clinical nursing for a minimum of 2 years.  Clinical practice for purposes of this Section means nursing practice that involves direct physical (psychomotor and psychosocial) patient (client) care within an acute care facility.

 

1)         Clinical practice areas that would meet the requirements for clinical practice include the following:

 

A)        Adult Medical Surgical Nursing

 

B)        Pediatric Nursing

 

C)        Maternity Nursing

 

D)        Emergency Nursing

 

E)        Critical Care Nursing

 

F)         Post-Anesthesia Care Nursing

 

G)        Psychiatric Nursing

 

H)        Medicare/Skilled Nursing in a Long-Term Care Facility

 

2)         Clinical practice shall not include:

 

A)        Telephone or Triage Nursing

 

B)        Case Management

 

3)         A year of clinical practice consists of not less than 1500 hours of direct patient care.

 

4)         The Board of Nursing will review clinical practice documentation that does not meet the requirements of this subsection (d).

 

e)         Credentials of education and licensure, if not in English, shall be accompanied by a certified translation.

 

f)         After filing the original application, any change of name must be supported by an affidavit satisfactory to the Division.

 

g)         If an applicant has taken and passed the National Council Licensure Examination (NCLEX) in accordance with Section 1300.310, the applicant shall file an application in accordance with subsection (a) and shall have the examination scores submitted to the Division directly from the testing entity or from the state of original licensure.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.310  RN Licensure Examination

 

a)         The Board shall make recommendations to the Division regarding content, design and contractor for a licensure examination.  A licensure examination contract shall be negotiated and approved by the Division.

 

b)         Registered Professional Nurse Examination

 

1)         The passing grade on the National Council Licensure Examination (NCLEX) for registered professional nurses shall be based on an ability scale designed to measure minimum RN competency.  A pass/fail grade will be assigned.

 

2)         An RN applicant who fails the examination is not eligible for licensure

 

3)         If the examination is not passed within 3 years from the date of application, regardless of jurisdiction in which the examination was written, the applicant shall not be permitted to retake the examination until the applicant has enrolled in a NCLEX review course.  The applicant shall submit proof to the Division.  This subsection (b)(3) does not apply to applicants who are licensed in another jurisdiction.

 

4)         If 3 years from the date of original application has lapsed, the applicant shall be required to submit a new application to the Division pursuant to Section 60-10 of the Act and provide evidence of meeting the requirements in force at the time of the new application.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.320  RN Licensure by Endorsement

 

a)         Each applicant who is licensed in another jurisdiction shall file a completed, signed application for licensure on the basis of endorsement, on forms supplied by the Division.  The application shall include:

 

1)         The fee required by Section 1300.30(a)(1);

 

2)         Proof of graduation from a nursing education program that meets the requirements of Section 1300.340;

 

3)         Proof of passage of an examination recognized by the Division, upon recommendation of the Board (i.e., National Council Licensure Examination for professional nurses, or State Board Test Pool Examination for professional nurses or practical nurses);

 

4)         Verification of fingerprint processing from ISP or its designated agent.  (Practical nurses licensed in Illinois are not required to be fingerprinted when applying for a license as a registered professional nurse.)  Applicants shall contact an Illinois-licensed fingerprint vendor for fingerprint processing.  Out-of-state residents may have their fingerprints taken by an out-of-state vendor but the fingerprints must be processed by an Illinois Livescan Vendor. Fingerprints shall be taken within the 60 days prior to application;

 

5)         For RN applicants who received education outside of the United States, a credentials evaluation report of the applicant's foreign nursing education from either the Commission on Graduates of Foreign Nursing Schools (CGFNS) Credentials Evaluation Service (CES), the Educational Records Evaluation Service (ERES), or another credentialing service approved by the Division.  This requirement can be satisfied by providing proof of licensure in a state that requires such a report for initial licensure.

 

A)        To be accepted, the report must:

 

i)          Verify that the applicant has successfully completed  nursing education equivalent to education received in a US state or territory as determined by the Department, based upon receipt and review of official transcripts from the nursing education program bearing the school seal;

 

ii)         Indicate any subject matter deficiencies; and

 

iii)        Be in a form and manner acceptable to the Division.  The Division will not accept a credential report until it receives all relevant information required by this Section.

 

B)        The requirement for a credentials evaluation of foreign nursing education may be satisfied by the submission of proof of a certificate from the Certificate Program or the VisaScreen Program of the Commission on Graduates of Foreign Nursing Schools, provided that the certificate was based upon licensure in the applicants country of education;

 

C)        If the applicant's first language is not English, the applicant shall provide certification of passage of either the Test of English as a Foreign Language (TOEFL) or the International English Language Testing System (IELTS) Academic Module.  For TOEFL, the minimum passing score on the paper-based test is 560, computer‑based test is 220, and internet-based test is 83.  For the IELTS Academic Module, the minimum passing score shall be 6.5 (overall score) and 7.0 (spoken band).  The Division may waive the requirement that the applicant pass the TOEFL or IELTS examination if the applicant submits verification of the successful completion of a nursing education program conducted in English or the passage of an approved licensing examination given in English;

 

D)        Applicants that have completed a minimum of 2 years of nursing education and have met the other requirements for those educated in another country may be approved for licensure. 

 

6)         Official transcripts of theory and clinical education prepared by an official of the military for a nurse applicant who has received his/her education in the military service.  Education must meet the standards for education set forth in Section 1300.340;

 

7)         Verification of licensure status from the jurisdiction in which the applicant was originally licensed, current licensure and any other jurisdiction in which the applicant has been actively practicing; and

 

8)         A certified translation for all credentials of education and licensure, if not in English.

 

b)         After filing the original application, any change of name must be supported by an affidavit satisfactory to the Division.

 

c)         Deficiencies in nursing theory and/or clinical practice may be removed by taking the required courses in an approved nursing education program.

 

d)         Compliance with the provisions of Section 1300.310(b)(3) for each RN applicant and shall be a requirement for Illinois nurse licensure by endorsement.

 

e)         Individuals applying for licensure by endorsement may apply to the Division, on forms provided by the Division, to receive a Temporary Endorsement Permit pursuant to Section 60-10 of the Act.  The permit shall allow the applicant to work pending the issuance of a license by endorsement.

 

1)         The temporary endorsement permit application shall include:

 

A)        A completed, signed endorsement application, along with the required endorsement licensure fee set forth in Section 1300.30(a)(3).  All supporting documents shall be submitted to the Division before a permanent license by endorsement is issued;

 

B)        Photocopies of all current active nursing licenses and/or temporary permits/licenses from other jurisdictions.  Current active licensure in at least one United States jurisdiction is required.  Each applicant's license will be checked on the Nurse System (NURSYS) disciplinary data bank to determine if any disciplinary action is pending on the applicant's file;

 

C)        Verification that fingerprints have been submitted to the Division or the Illinois Department of State Police or its designated agent; and

 

D)        The fee for a temporary permit as required in Section 1300.30(a)(3).

 

2)         The Division shall issue a temporary endorsement permit no later than 14 days after receipt of a completed application as set forth in subsection (e)(1).

 

3)         Temporary permits shall be terminated upon:

 

A)        The issuance of a permanent license by endorsement;

 

B)        Failure to complete the application process within 6 months from the date of issuance of the permit;

 

C)        A finding by the Division that the applicant has been convicted of any crime under the laws of any jurisdiction of the United States that is:

 

i)          A felony; or

 

ii)         A misdemeanor directly related to the practice of nursing, within the last 5 years;

 

D)        A finding by the Division 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 is substantially equivalent to grounds in Illinois; or

 

E)        A finding by the Division that the applicant does not meet the licensure requirements for endorsement set forth in this Section.  The Division shall notify the applicant in writing of the termination.

 

4)         The Division shall notify the applicant by certified or registered mail of the intent to deny licensure pursuant to subsections (e)(3)(D) and (E) and/or Section 70-5 of the Act.

 

5)         A temporary permit shall be renewed beyond the 6-month period, upon recommendation of the Board and approval of the Director, due to hardship, defined as:

 

A)        Serving full-time in the Armed Forces;

 

B)        An incapacitating illness as documented by a currently licensed physician;

 

C)        Death of an immediate family member; or

 

D)        Extenuating circumstances beyond the applicant's control, as approved by the Director.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.330  Nurse Externship (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.340  Approval of Programs

 

a)         Program Approval

Institutions desiring to establish a new nursing program that would lead to meeting requirements for licensure, change the level of educational preparation of the program, or establish an extension of an existing program shall:

 

1)         Submit a letter of intent to the Division.

 

2)         Provide a feasibility study to the Division, on forms provided by the Division, that includes, at least, documentation of:

 

A)        Need for the program in the community;

 

B)        Need for graduates of the proposed program;

 

C)        Availability of students;

 

D)        Impact on existing nursing programs in a 50-mile radius of the proposed program;

 

E)        The curriculum vitae of identifiable faculty, including the curriculum vitae of any potential faculty members that will teach in the program;

 

F)         Adequacy of clinical practicum and academic resources;

 

G)        Financial commitment to support the initial and continuing program;

 

H)        Community support of the scope and philosophy of the program;

 

I)         Authorization by the appropriate education agency of the State of Illinois; and

 

J)         A timetable for development of the program and the intended date of the first class beginning.

 

3)         Identify and provide a curriculum vitae of a qualified nurse administrator with a minimum of a master's degree in nursing and with experience as a nurse educator.

 

4)         Submit a curriculum proposal including:

 

A)        Program philosophy and objectives;

 

B)        A plan of organization that is logical and internally consistent;

 

C)        Proposed plans of study, including requisite and elective courses with rationale;

 

D)        Course outlines or syllabi for all nursing courses;

 

E)        Student handbook;

 

F)         Faculty qualifications;

 

G)        Instructional approaches to be employed;

 

H)        Evaluation plans for faculty and students;

 

I)         Facilities and utilization plan; and

 

J)         Budget plan.

 

5)         Coordinate with the Division and/or Nursing Coordinator for a site visit to be conducted prior to program approval.

 

b)         Continued Program Approval

 

1)         Nursing education programs shall submit annual evaluation reports to the Division on forms provided by the Division.  These reports shall contain information regarding curriculum, faculty and students and other information deemed appropriate by the Division.

 

2)         Full routine site visits may be conducted by the Division for periodic evaluation.  The visits will be utilized to determine compliance with the Act.  Unannounced site visits may be conducted when the Division obtains evidence that would indicate the program is not in compliance with the Act or this Part.

 

3)         Beginning December 31, 2022, obtaining and maintaining programmatic accreditation by a national accrediting body for nursing education recognized by the United States Department of Education and approved by the Department.  The Department and Board of Nursing shall be notified within 30 days if the program loses its accreditation.  (Section 60-5(a)(5) of the Act)

 

A)        The Board shall issue a warning letter to any program that lost its national accreditation.  This letter shall inform the program of its probationary status and the corrective actions necessary to be in compliance with the Act.

 

B)        The program placed on probationary status must:

 

i)          Immediately notify all enrolled students and applicants that the program has lost its national accreditation and of corrective actions the program will take to regain its accreditation; and

 

ii)         Correct the deficiencies identified by the Board within 12 months unless otherwise directed by the Board, including regaining its national accreditation.  Failure to correct the deficiencies within the specified time frame shall result in the Board's withdrawal of the program's approval status.

 

4)         A pass rate of graduates on the National Council Licensing Examination (NCLEX) shall be included in the annual evaluation of nursing education programs.

 

A)        A pass rate of 75% of first-time examinees will be required for a school to remain in good standing.

 

B)        A nursing education program having an annual pass rate of less than 75% of first-time examinees for one year will receive a written warning of noncompliance from the Division.

 

C)        A nursing education program having an annual pass rate of less than 75% of first-time examinees for 2 consecutive years will receive a site visit for evaluation and recommendation by the Division and will be placed on probation for program revision in accordance with 68 Ill. Adm. Code 1110.

 

D)        The nursing education program will have 2 years to demonstrate evidence of implementing strategies to correct deficiencies and bring the pass rate in line with the 75% criteria.

 

E)        If, 2 years after implementing the strategies to correct deficiencies in the program, the annual pass rate is less than 75%, the program will be reevaluated.  The program will be allowed to continue to operate on a probationary status or will be disapproved and removed from the list of Illinois approved nursing programs in accordance with 68 Ill. Adm. Code 1110.

 

c)         Major Curricular Revision

Nursing education programs desiring to make a major curricular revision, i.e., addition or deletion of content, a substantive change in philosophy or conceptual framework, or length of program, shall:

 

1)         Submit a letter of intent to the Division; and

 

2)         Submit a copy of the proposed changes and new material to the Division, at least one term prior to implementation, for Board recommendation and Division approval in accordance with the standards set forth in subsection (f).

 

d)         Minor Curricular Revisions

Nursing education programs desiring to make curricular revisions involving reorganization of current course content but not constituting a major curriculum revision shall submit the proposed changes to the Division in their annual report.

 

e)         Organization and Administration

 

1)         An institution responsible for conducting a nursing education program shall be authorized by the appropriate agency of the State of Illinois (e.g., Illinois Board of Higher Education, State Board of Education, Illinois Community College Board);

 

2)         The relationship of the nursing education program to other units within the sponsoring institution shall be clearly delineated with organizational charts on file with the Division;

 

3)         Nursing education programs shall have clearly defined lines of authority, responsibility and communication;

 

4)         Student input into determination of academic policies and procedures, curriculum planning and evaluation of faculty effectiveness shall be assured as evidenced by information such as student membership on policy and evaluation committees, policy statements and evaluation procedures;

 

5)         Nursing education program policies and procedures shall be in written form, congruent with those of the sponsoring institution, and reviewed by members of the program on a regular schedule;

 

6)         The philosophy, purpose and objectives of the nursing education program shall be stated in writing and shall be consistent with the sponsoring institution and current social, nursing and educational trends and the Act.

 

f)         Curriculum and Instruction

 

1)         The curriculum shall be based upon the stated program purpose, philosophy and objectives;

 

2)         Levels of progression in relation to the stated program outcomes shall be established;

 

3)         Coordinated clinical and theoretical learning experiences shall be consistent with the program outcomes;

 

4)         Curricular content shall reflect contemporary nursing practice encompassing major health needs of all age groups;

 

5)         The entire curriculum shall be based on sound nursing, education and instructional principles;

 

6)         The curriculum may include a Nursing Student Internship/Cooperative Education Course that meets the following minimum requirements:

 

A)        The course must be available with the nursing major and identified on the transcript.

 

B)        Faculty must meet approved nursing education program qualifications and hold faculty status with the educational unit.

 

C)        Clinical content must be coordinated with theoretical content.

 

D)        Clinical experience must be under direct supervision of qualified faculty as set forth in subsection (g) or with a registered nurse preceptor.  The nurse preceptor shall be approved by the program and shall work under the direction of a nurse faculty member.

 

E)        Students shall not be permitted to practice beyond educational preparation or without faculty supervision.

 

F)         The course shall be based on program purpose, philosophy, objectives and framework.

 

G)        Course evaluation shall be consistent with the plan for program evaluation.

 

H)        Articles of affiliation shall clearly delineate student, educational institution and health care agency roles and responsibilities;

 

7)         The curriculum shall be evaluated by faculty with student input, according to a stated plan;

 

8)         The program shall be approved by the appropriate educational agency;

 

9)         Curriculum for professional nursing programs shall:

 

A)        Include, at a minimum, concepts in anatomy, physiology, chemistry, physics, microbiology, sociology, psychology, communications, growth and development, interpersonal relationships, group dynamics, cultural diversity, pharmacology and the administration of medication, nutrition and diet therapy, patho-physiology, ethics, nursing history, trends and theories, professional and legal aspects of nursing, leadership and management in nursing, and teaching-learning theory;

 

B)        Not preclude a flexible curriculum that would provide appropriate integration of the nursing subject matters;

 

C)        Provide theoretical and clinical instruction in all areas of nursing practice in the promotion, prevention, restoration and maintenance of health in individuals and groups across the life span and in a variety of clinical settings;

 

D)        Incorporate the nursing process as an integral part of the curriculum;

 

E)        Prepare the student to assume beginning level professional nursing positions;

 

F)         Be at least 2 academic years in length.

 

g)         Nursing Administrator and Faculty

 

1)         The institution responsible for conducting the nursing program and the nurse administrator of the nursing education program shall be responsible for ensuring that the individual faculty members are academically and professionally qualified.

 

2)         Nursing education programs shall be administered by the nurse administrator of the nursing education program.

 

3)         The nurse administrator and faculty of a nursing education program shall be currently licensed as registered professional nurses in Illinois.

 

4)         The nurse administrator of a nursing education program shall have at least:

 

A)        2 years' experience in clinical nursing practice;

 

B)        2 years' experience as a nursing educator; and

 

C)        A master's degree or higher with a major in nursing.

 

5)         Nurse faculty of a professional nursing program shall have:

 

A)        At least 2 years' experience in clinical nursing practice;

 

B)        A master's degree or higher with a major in nursing.

 

6)         The requirements of subsections (g)(4) and (5) shall not affect incumbents as of the original date these requirements were adopted, January 14, 1980.

 

7)         Nurse administrators of nursing education programs shall be responsible for:

 

A)        Administration of the nursing education program;

 

B)        Liaison with other units of the sponsoring institution;

 

C)        Preparation and administration of the budget;

 

D)        Facilitation of faculty development and performance review;

 

E)        Facilitation and coordination of activities related to academic policies, personnel policies, curriculum, resource facilities and services, and program evaluation; and

 

F)         Notification to the Division of program changes.

 

8)         Faculty shall be responsible for:

 

A)        Development, implementation and evaluation of the purpose, philosophy and objectives of the nursing education program;

 

B)        Design, implementation and evaluation of curriculum for the nursing education program;

 

C)        Participation in academic advising of students;

 

D)        Development and evaluation of student policies; and

 

E)        Evaluation of student performance in meeting the objectives of the program.

 

9)         Faculty shall participate in:

 

A)        Selection, promotion and tenure activities;

 

B)        Academic activities of the institution;

 

C)        Professional and health related community activities;

 

D)        Self-development activities for professional and personal growth;

 

E)        Research and other scholarly activities for which qualified; and

 

F)         Activities that maintain educational and clinical expertise in areas of teaching.

 

10)        Clinical experience must be under direct supervision of qualified faculty as set forth in this subsection (g) or with a registered nurse preceptor.  The nurse preceptor shall be approved by the parent institution and shall work under the direction of a nurse faculty member.

 

11)        The ratio of students to faculty in the clinical area shall be appropriate to the clinical learning experience:

 

A)        When under direct supervision of the faculty, the ratio shall not exceed 10 to 1.

 

B)        When a registered nurse preceptor is used, the ratio of students to faculty member shall not exceed 12 to 1.

 

h)         Financial Support, Facilities, Records

 

1)         Adequate financial support for the nursing education program, faculty and other necessary personnel, equipment, supplies and services shall be in evidence in the program budget.

 

2)         The faculty of the nursing education program and the staff of cooperating agencies used as sites for additional theory and clinical experience shall work together for quality of patient care.

 

3)         Articles of Affiliation

 

A)        The nursing education program shall have Articles of Affiliation between the nursing education program and each clinical facility that define the rights and responsibilities of each party, including agreements on the role and authority of the governing bodies of both the clinical site and the nursing education program.

 

B)        If portions of the required clinical or theoretical curriculum are offered at different geographical sites or by distance learning, the curriculum must be planned, supervised, administered and evaluated in concert with appropriate faculty committees, department chairmen and administrative officers of the parent school.

 

4)         There shall be adequate facilities for the nursing program for both academic and clinical experiences for students.

 

5)         There shall be access to learning resource facilities, including library and multi-media technology, that are reasonably sufficient for the curriculum and the number of students enrolled in the nursing education programs.

 

6)         Cooperating agencies shall be identified to the Division and shall be suitable to meet the objectives of the program.

 

7)         Addition or deletion of cooperating agencies shall be reported in writing to the Division on the program annual report.

 

8)         The nursing program's policies and procedures shall not violate constitutional rights and shall be written and available to faculty and students.

 

9)         Permanent student records that summarize admissions, credentials, grades and other records of performance shall be maintained by the program.

 

i)          Faculty Waiver

 

1)         Waivers for faculty with a graduate degree in a field other than nursing may be granted by the Division based on the following:

 

A)        The individual has a bachelor's degree in nursing;

 

B)        The individual has at least 2 years of experience in clinical nursing practice;

 

C)        The individual has a degree in a field that directly relates to the course he or she will be teaching;

 

D)        At least 80% of the school's undergraduate nursing faculty holds a master's degree in nursing.

 

2)         Waivers for faculty without a graduate degree will be granted based on the following:

 

A)        The faculty member is within one year of completion of the master's in nursing or the faculty member has completed a master's in another area or is enrolled in a doctoral degree in nursing program and has completed all coursework, except for a dissertation/final project;

 

B)        The faculty member is continuously enrolled in the graduate degree in nursing program;

 

C)        A plan exists for the timely completion of the graduate degree in nursing program; and

 

D)        At least 80% of the school's undergraduate nursing faculty holds a master's degree in nursing.

 

3)         A school that has received a waiver must notify the Board of any changes related to that faculty member, including notification that the faculty member has received the graduate degree.

 

j)          Preceptors

A program of registered professional nursing that uses the personnel of a clinical facility as preceptors to instruct the clinical experience must:

 

1)         Require each preceptor to have demonstrated competencies with patient populations to which the student is assigned;

 

2)         Require each preceptor to be approved by the faculty of the program of nursing;

 

3)         Require the faculty of the program to provide to each preceptor an orientation concerning the roles and responsibilities of students, faculty and preceptors;

 

4)         Require the faculty of the program to develop written competencies/outcomes and provide a copy of these to each preceptor before the preceptor begins instruction of the students;

 

5)         Designate a member of the faculty to serve as a liaison between the preceptor and each student who participates in the clinical experience;

 

6)         Require that each preceptor be present in the clinical facility or at the location of point of care and available to the students at all times when the student provides nursing care or services to patients/clients;

 

7)         Require that each preceptor have a current registered professional nurse license in the state where the student is practicing.

 

k)         Denial of Approval of Nursing Program

If the Division, in the course of reviewing an application for approval of a nursing program, determines that an applicant program has failed to comply with the application criteria or procedures outlined in this Part, or receives information that indicates that the applicant program will not be able to comply with the conditions set forth in subsection (b), the Division may deny the application for approval.

 

l)          Discontinuance of a Nursing Program

 

1)         Prior to termination of a nursing education program, the program shall:

 

A)        Notify the Division, in writing, of its intent to discontinue its program;

 

B)        Continue to meet the requirements of the Act and this Part until the official date of termination of the program;

 

C)        Notify the Division of the date on which the last student will graduate and the program terminate; and

 

D)        Assume responsibility for assisting students to continue their education in the event of closing of the school prior to the final student graduating.

 

2)         Upon closure of the nursing education program, the institution shall notify the Division, in writing, of the location of student and graduate records storage.

 

m)        Revocation of Program Approval

 

1)         The following are grounds for disapproval of a nursing education program:

 

A)        A violation of any provision of the Act;

 

B)        Fraud or dishonesty in applying for approval of a nursing education program;

 

C)        Failure to continue to meet criteria of an approved nursing education program set forth in this Section; or

 

D)        Failure to comply with recommendations made by the Division as a result of a site visit.

 

2)         Upon written notification of the Division's proposed action, the nursing education program may:

 

A)        Submit a written response;

 

B)        Request a hearing before the Board.

 

n)         Out-of-State Education Programs Seeking Student Nurse Clinical Placement in Illinois

 

1)         Out-of-state nursing education programs offering clinical experiences in Illinois are expected to maintain the standards for approved nursing education programs set forth in this Section.

 

2)         Programs desiring to seek approval for student nurse clinical placement in Illinois shall submit the following documents:

 

A)        Evidence of approval/accreditation by the Board of Nursing or other appropriate approval bodies in the state in which the institution is located.

 

B)        A letter requesting approval to provide the clinical offering that indicates the time-frame during which the clinical experience will be conducted, the clinical agencies and the clinical units to be utilized.

 

C)        A course syllabus for the clinical experiences to be offered that specifies the related objectives of the offering.

 

D)        A copy of the executed contractual agreement between the academic institution and the clinical facility.

 

E)        A faculty qualification and/or preceptor form for individuals providing instruction in Illinois.

 

3)         Faculty

 

A)        The institution responsible for conducting the nursing program and the administrator of the nursing education program shall be responsible for ensuring that the individual faculty members are academically and professionally qualified.

 

B)        Nurse faculty of a professional nursing program shall have:

 

i)          At least 2 years' experience in clinical nursing practice; and

 

ii)         A master's degree or higher with a major in nursing.

 

C)        The faculty shall be currently licensed as registered professional nurses in Illinois.

 

D)        Clinical experience must be under direct supervision of qualified faculty as set forth in subsection (g) or with a registered nurse preceptor. The nurse preceptor shall be approved by the parent institution and shall work under the direction of a nurse faculty member.

 

E)        The ratio of students to faculty in the clinical area shall be appropriate to the clinical learning experience.

 

i)          When under direct supervision of the faculty, the ratio shall not exceed 10 to 1.

 

ii)         When a registered nurse preceptor is used, the ratio of students to faculty member shall not exceed 12 to 1.

 

4)         Approval for clinical offerings by out-of-state nursing programs shall be approved for a period of 2 years.  A program representative may request renewal of the approval every 2 years.  In order to renew, the program shall submit a written report that provides updated and current data as required by this subsection (n).

 

5)         A written report of current clinical offerings and current data shall be submitted to the Division annually.  Faculty qualification and preceptor forms shall be submitted when instructors are added or changed.

 

6)         Failure to comply with the requirements set forth in this Part shall result in the immediate withdrawal of approval of the clinical experience offering.

 

o)         If the name of the program is changed or the institution in which the program is located or with which it is affiliated changes its name, the program shall notify the Division within 30 days after the name change.  If the Division is not notified within the 30 days, the program's approval may be withdrawn.

 

p)         The Division has determined that nurse programs approved through the Commission on Collegiate Nursing Education (CCEN), Accreditation Commission for Education Nursing (ACEN), or the US Department of Education  meet the requirements set forth in this Section, except for those programs whose curriculums do not include a concurrent theory and clinical practice education component as required by Section 50-70 of the Act.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.350  Standards of Professional Conduct for Registered Professional Nurses

 

a)         The RN shall:

 

1)         Practice in accordance with the Act and this Part;

 

2)         Uphold federal and State regulations regarding controlled substances and alcohol;

 

3)         Practice nursing only when in functional physical and mental health;

 

4)         Be accountable for his or her own nursing actions and competencies;

 

5)         Practice or offer to practice only within the scope permitted by law and within the licensee's own educational preparation and competencies;

 

6)         Seek instruction and supervision from qualified individuals when implementing new or unfamiliar nursing activities;

 

7)         Delegate nursing interventions only to individuals the licensee knows or has reason to know are competent by education or experience to perform those nursing interventions;

 

8)         Delegate professional responsibilities only to individuals whom the licensee knows or has reason to know are licensed to perform;

 

9)         Be accountable for the quality of nursing care delegated to others;

 

10)        Report unsafe, unethical or illegal health care practice or conditions to appropriate authorities; and

 

11)        Assume responsibility for continued professional growth and education to reflect knowledge and understanding of current nursing care practice.

 

b)        Violations of this Section may result in discipline as specified in Section 70-5 of the Act. 

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.360  RN Scope of Practice

 

The RN scope of nursing practice is the protection, promotion, and optimization of health and abilities, the prevention of illness and injury, the development and implementation of the nursing plan of care, the facilitation of nursing interventions to alleviate suffering, care coordination, and advocacy in the care of individuals, families, groups, communities, and populations.  Practice as an RN means this full scope of nursing, with or without compensation, that incorporates caring for all patients in all settings, through nursing standards of practice and professional performance for coordination of care, and may include, but is not limited to, all of the following:

 

a)         Collecting pertinent data and information relative to the patient's health or the situation on an ongoing basis through the comprehensive nursing assessment.

 

b)         Analyzing comprehensive nursing assessment data to determine actual or potential diagnoses, problems, and issues.

 

c)         Identifying expected outcomes for a plan individualized to the patient or the situation that prescribes strategies to attain expected, measurable outcomes.

 

d)         Implementing the identified plan, coordinating care delivery, employing strategies to promote healthy and safe environments, and administering or delegating medication administration according to Section 50-75 of the Act.

 

e)         Evaluating patient progress toward attainment of goals and outcomes.

 

f)         Delegating nursing interventions to implement the plan of care.

 

g)         Providing health education and counseling.

 

h)         Advocating for the patient.

 

i)          Practicing ethically according to the American Nurses Association Code of Ethics.

 

j)          Practicing in a manner that recognizes cultural diversity.

 

k)         Communicating effectively in all areas of practice.

 

l)          Collaborating with patients and other key stakeholders in the conduct of nursing practice.

 

m)        Participating in continuous professional development.

 

n)         Teaching the theory and practice of nursing to student nurses.

 

o)         Leading within the professional practice setting and the profession.

 

p)         Contributing to quality nursing practice.

 

q)         Integrating evidence and research findings into practice.

 

r)          Utilizing appropriate resources to plan, provide, and sustain evidence-based nursing services that are safe and effective.  (Section 60-35 of the Act)

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.370  Provision of Conscious Sedation by Registered Nurses in Ambulatory Surgical Treatment Centers

 

a)         In accordance with Section 6.7 of the Ambulatory Surgical Treatment Center Act [210 ILCS 5], nothing in that Act precludes a registered nurse from administering medications for the delivery of local or minimal sedation ordered by a physician licensed to practice medicine in all of its branches, podiatrist or dentist.

 

b)         If the ASTC policy allows the registered nurse to deliver moderate sedation ordered by a physician licensed to practice medicine in all its branches, podiatrist or dentist, the following are required:

 

1)         The registered nurse must be under the supervision of a physician licensed to practice medicine in all its branches, podiatrist or dentist during the delivery or monitoring of moderate sedation and have no other responsibilities during the procedure.

 

2)         The registered nurse must maintain current Advanced Cardiac Life Support certification or Pediatric Advanced Life Support certification as appropriate to the age of the patient.

 

3)         The supervising physician licensed to practice medicine in all its branches, podiatrist or dentist must have training and experience in delivering and monitoring moderate sedation and possess clinical privileges at the ASTC to administer moderate sedation or analgesia.

 

4)         The supervising physician licensed to practice medicine in all its branches, podiatrist or dentist must remain physically present and available on the premises during the delivery of moderate sedation for diagnosis, consultation and treatment of emergency medical conditions.

 

5)         The supervising physician licensed to practice medicine in all its branches, podiatrist or dentist must maintain current Advanced Cardiac Life Support certification or Pediatric Advanced Life Support certification as appropriate to the age of the patient.

 

c)         Local, minimal and moderate sedation are defined as follows:

 

1)         "Local Anesthesia" is numbing medication injected into the skin or other surface at the site of the procedure.  The injection is usually near the surface, but may be deeper in some cases.  The total dose of local anesthesia does not exceed 50% of the commonly accepted toxic dose on a weight adjusted lean body mass basis.

 

2)         "Minimal Sedation" (anxiolysis) is a drug-induced state during which patients respond normally to verbal commands.  Although cognitive function and coordination may be impaired, respiratory and cardiovascular functions are unaffected.

 

3)         "Moderate Sedation Analgesia" (conscious sedation) is a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation.  No interventions are required to maintain a patient airway and spontaneous ventilation is adequate.  Cardiovascular function is usually maintained.

 

d)         Registered nurses shall be limited to administering medication for moderate sedation at doses rapidly reversible pharmacologically.  [210 ILCS 5/6.7(c)] Acceptable medications are opioids, benzodiazepines and reversal agents:  Meperidine, Fentanyl, Diazepam, Midazolam, naloxone and flumazenil.  Nothing prohibits RN from monitoring or adjusting an FDA approved delivery device under the supervision of a physician.

SUBPART D: ADVANCED PRACTICE REGISTERED NURSE

 

Section 1300.400  Application for Licensure

 

a)         An applicant for licensure as an advanced practice registered nurse shall file an application on forms provided by the Division.  The application shall include:

 

1)         Current Illinois registered professional nurse license number.

 

2)         Proof of current national certification, which includes completion of an examination, from one of the following:

 

A)        Nurse Midwife certification from:

 

i)          The American Midwifery Certification Board (AMCB); or

 

ii)         Other certifications approved by the Department under subsection (a)(3).

 

B)        Nurse Practitioner certification from:

 

i)          American Academy of Nurse Practitioners Certification  Program (AANP) as a Nurse Practitioner;

 

ii)         American Nurses Credentialing Center (ANCC) as a Nurse Practitioner;

 

iii)        The Pediatric Nursing Certification Board (PNCB) as a Nurse Practitioner;

 

iv)        American Association of Critical-Care Nurses (AACN);

 

v)         National Certification Corporation (NCC): or

 

vi)        Other certifications approved by the Department under subsection (a)(3).

 

C)        Registered Nurse Anesthetist certification from:

 

i)          National Board of Certification & Recertification of Nurse Anesthetists (NBCRNA); or

 

ii)         Other certifications approved by the Department under subsection (a)(3).

 

D)        Clinical Nurse Specialist certification from:

 

i)          American Nurses Credentialing Center (ANCC) as a Clinical Nurse Specialist;

 

ii)         American Association of Critical Care Nurses (AACN) as a Clinical Nurse Specialist; or

 

iii)        Other certifications approved by the Department under subsection (a)(3).

 

3)         The Board, in addition to the certifications listed in subsection (a)(2), may review and make a recommendation to the Division to accept a certification if the certifying body meets the following requirements:

 

A)        Is national in the scope of credentialing;

 

B)        Has no requirement for an applicant to be a member of any organization;

 

C)        Has an examination that represents a specialty practice category;

 

D)        Has an examination that evaluates knowledge, skills and abilities essential for the delivery of safe and effective specialty nursing care;

 

E)        Has an examination whose content and distribution are specified in a test plan;

 

F)         Has examination items reviewed for content validity, cultural sensitivity and correct scoring, using an established mechanism, both before use and periodically;

 

G)        Has an examination evaluated for psychometric performance;

 

H)        Has a passing standard established using acceptable psychometric methods and is re-evaluated periodically;

 

I)         Has examination security maintained through established procedures;

 

J)         Issues a certification based upon passing the examination;

 

K)        Has mechanisms in place for communication to boards of nursing for timely verification of an individual's certification status, changes in certification status and changes in the certification program, including qualifications, test plan and scope of practice; and

 

L)        Has an evaluation process to provide quality assurance in its certification program.

 

4)         Proof of successful completion of a graduate degree appropriate for national certification in the clinical advanced practice registered nursing specialty or a graduate degree or post-master's certificate from a graduate level program in a clinical advanced practice registered nursing specialty.

 

5)         An applicant seeking licensure in more than one advanced practice registered nursing category shall have met the requirements for at least one advanced practice registered nursing specialty; and

 

A)        Submit proof of possession of an additional graduate education that results in a certificate for another clinical APRN category and that meets the requirements for the national certification from the appropriate nursing specialty; and

 

B)        Submit proof of a current, national certification from the appropriate certifying body for that additional advanced practice registered nursing category.

 

6)         Verification of licensure as an APRN from the state in which an applicant was originally licensed, current state of licensure or any other state in which the applicant has been actively practicing as an APRN within the last 5 years, if applicable, stating:

 

A)        The time during which the applicant was licensed in that state, including the date of the original issuance of the license; and

 

B)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

7)         The fee required in Section 1300.30(a)(4).

 

b)         An applicant for licensure as an APRN under Section 65-5 of the Act may apply to the Division for a temporary permit, on forms provided by the Division, to practice as an APRN prior to the issuance of the APRN license.  Temporary permits will not be issued prior to granting an APRN full practice authority under Section 65-43 of the Act.

 

1)         Application Requirements

 

A)        The application shall include a completed, signed application for licensure, as set forth in subsection (a).

 

B)        The application shall include documentation from an approved certifying body set forth in subsection (a)(2) indicating the date the applicant is scheduled to sit for the examination. Upon successful completion of the examination, proof of certification shall be submitted to the Division from the certifying body.

 

C)        An APRN who will be practicing in a hospital or ambulatory surgical treatment center in accordance with Section 6.5 of the Ambulatory Surgical Treatment Center Act shall not be required to have prescriptive authority or a written collaborative agreement pursuant to the Act and this Part.

 

D)        An APRN applicant who will be practicing outside of a hospital or ambulatory surgical treatment center shall provide a certifying statement indicating that the APRN applicant has entered into a written collaborative agreement as required by Section 65-35 of the Act. 

 

E)        The applicant shall include the processing fee set forth in Section 1300.30(a)(4).

 

2)         Practice Pending Licensure

 

A)        The Division will provide a letter to each applicant indicating the ability to practice pending licensure.

 

B)        Practice pending licensure shall be terminated upon:

 

i)          The issuance of a permanent license;

 

ii)         Failure to complete the application process within 6 months from the date of application;

 

iii)        A finding by the Division that the applicant has violated one or more of the grounds for discipline set forth in Section 70-5 of the Act;

 

iv)        A finding by the Division that, within the last 5 years, the applicant has had a license or permit related to the practice of advanced practice registered nursing revoked, suspended or placed on probation by another jurisdiction, if at least one of the grounds is substantially equivalent to grounds in Illinois; or

 

v)         A finding by the Division that the applicant does not meet the licensure requirements set forth in this Section.

 

C)        The Division shall notify the applicant in writing of the termination and shall notify the applicant by email of the intent to deny licensure.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

 

d)         An APRN license may be issued when the applicant meets the requirements set forth in this Section.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.410  Written Collaborative Agreements

 

a)         A written collaborative agreement is required for all advanced practice registered nurses engaged in clinical practice, except for:

 

1)         those APRNs who practice in a hospital, hospital affiliate or ambulatory surgical treatment center under Section 65-45 of the Act; and

 

2)         those APRNs who are granted full practice authority by Section 65-43 of the Act.  (Section 65-35(a))

 

b)         A written collaborative agreement shall describe the relationship of the advanced practice registered nurse with the collaborating physician and shall describe the categories of care, treatment or procedures to be provided by the advanced practice registered nurse.  (Section 65-35(b) of the Act)  A written collaborative agreement with a dentist must be in accordance with Section 65-35(c-10) of the Act.  A written collaborative agreement with a podiatric physician must be in accordance with Section 65-35(c-5) or (c-15) of the Act.

 

c)         The agreement shall be defined to promote the exercise of professional judgment by the advanced practice registered nurse commensurate with his or her education and experience.  The written agreement does not require an employment relationship.  Methods of communication shall be available for consultation with the collaborating physician (for CRNAs, a physician, anesthesiologist, dentist or podiatric physician) in person or by telecommunications or electronic communications as set forth in the written agreement.  Absent an employment relationship the written collaborative agreement may not:

 

1)         restrict the categories of patients within the scope of the APRN training and experience;

 

2)         limit third party payors or government health programs; or

 

3)         limit the geographic area or practice location of the APRN. (Section 65-35(b) of the Act)  For nurse practitioners, clinical nurse specialists and nurse midwives, the collaborative agreement shall not be construed to require the personal presence of the physician.

 

d)         For anesthesia services provided by a CRNA, the written collaborative agreement may be between the CRNA and an anesthesiologist, physician, dentist or podiatric physician who shall participate through discussion of and agreement with the anesthesia plan and remain physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation and treatment of emergency medical conditions.

 

e)         For any APRN who had a written collaborative agreement with a podiatric physician immediately before September 20, 2017, the APRN may continue in that collaborative relationship until the collaborative agreement ends or enter into a new written collaborative relationship with a podiatric physician per Section 65-35(c-15) of the Act.

 

f)         A copy of the signed, written collaborative agreement must be available to the Department upon request from both the advanced practice registered nurse and the collaborating physician, dentist or podiatric physician.  An advanced practice registered nurse shall inform each collaborating physician, dentist or podiatric physician of all collaborative agreements he or she has signed and provide a copy of these to any collaborating physician, dentist or podiatric physician, upon request.  (Section 65-35(d) and (f) of the Act)

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.420  Collaboration and Consultation  (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.430  Written Collaborative Agreement − Prescriptive Authority

 

a)         A collaborating physician or podiatric physician who delegates prescriptive authority to an advanced practice registered nurse shall include that delegation in the written collaborative agreement. This authority may include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, medical gases, and controlled substances categorized as any Schedule III through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies. The collaborating physician or podiatric physician must have a valid current Illinois controlled substances license and federal registration to delegate authority to prescribe delegated controlled substances.

 

b)         Pursuant to Section 65-40(d) of the Act, a collaborating physician may, but is not required to, delegate authority to an APRN to prescribe any Schedule II controlled substances by oral dosage or topical or transdermal application if all the following conditions apply:

 

1)         The delegated Schedule II controlled substance is specifically identified by either brand name or generic name.  For the purposes of this Section generic substitution pursuant to Section 25 of the Pharmacy Practice Act [225 ILCS 85] shall be allowed under this Section when not prohibited by a prescriber's indication on the prescription that the pharmacist "may not substitute".

 

2)         The delegated Schedule II controlled substances are routinely prescribed by the collaborating physician or podiatric physician.

 

3)         Any Schedule II controlled substance prescription must be limited to no more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician or podiatric physician.

 

4)         The APRN must discuss the condition of any patients for whom a Schedule II controlled substance is prescribed monthly with the delegating physician or podiatric physician.

 

5)         The APRN meets the education requirements of Section 303.05 of the Illinois Controlled Substances Act [720 ILCS 570].

 

c)         An APRN who has been given controlled substances prescriptive authority shall be required to obtain an Illinois mid-level practitioner controlled substances license in accordance with 77 Ill. Adm. Code 3100.  The physician or podiatric physician shall file a notice of delegation of prescriptive authority with the Division and the Prescription Monitoring Program.  (Section 65-40(c) of the Act)  The delegation of authority form shall be submitted to the Division and the Prescription Monitoring Program prior to the issuance of a mid-level controlled substances license.

 

d)         The APRN may only prescribe and dispense Schedule II controlled substances that the collaborating physician or podiatric physician prescribes.  Licensed dentists may not delegate prescriptive authority.

 

e)         The APRN shall sign his/her own name when writing and signing prescriptions.  The collaborating physician's or podiatric physician's signature is not required.

 

f)         An APRN may receive and dispense samples per the collaborative agreement.

 

g)         Medication orders shall be reviewed periodically by the collaborating physician.

 

h)         Nothing in this Section shall be construed to apply to an APRN granted full practice authority pursuant to Section 65-43.

 

i)          Nothing in this Section shall apply to any prescribing authority, including Schedule II controlled substances, of an APRN providing care in a hospital, hospital affiliate, or ambulatory surgical treatment center (see Section 65-45 of the Act).

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.440  APRN Scope of Practice

 

a)         Advanced practice registered nursing by certified nurse practitioners, certified nurse anesthetists, certified nurse midwives, or clinical nurse specialists is based on knowledge and skills acquired throughout an advanced practice registered nurse's nursing education, training and experience.

 

b)         Practice as an advanced practice registered nurse means a scope of nursing practice, with or without compensation, and includes the registered nurse scope of practice.

 

c)         The scope of practice of an advanced practice registered nurse includes, but is not limited to, each of the following:

 

1)         Advanced nursing patient assessment and diagnosis.

 

2)         Ordering diagnostic and therapeutic tests and  procedures, performing those tests and procedures when using health care equipment, and interpreting and using the results of diagnostic and therapeutic tests and procedures ordered by the advanced practice registered nurse or another health care professional.

 

3)         Ordering treatments, ordering or applying appropriate medical devices, and using nursing, medical, therapeutic, and corrective measures to treat illness and improve health status.

 

4)         Providing palliative and end-of-life care.

 

5)         Providing advanced counseling, patient education, health education, and patient advocacy.

 

6)         Prescriptive authority as defined in Section 65-40 of the Act.

 

7)         Delegating selected nursing interventions to a licensed practical nurse, a registered professional nurse, or other personnel. (Section 65-30 of the Act)

 

d)         An Illinois-licensed advanced practice registered nurse certified as a nurse practitioner, certified nurse midwife or clinical nurse specialist may be granted the authority to practice without a written collaborative agreement as set forth in Section 65-43 of the Act and Section 1300.465 of this Part.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.445  Standards of Professional Conduct for APRNs

 

APRNs shall:

 

a)         Practice in accordance with the Act and this Part;

 

b)         Uphold deferral and State regulations regarding controlled substances and alcohol;

 

c)         Practice advanced practice nursing only when in functional physical and mental health;

 

d)         Practice within the scope of his/her education, knowledge, experience, training and skill;

 

e)         Provide directions and assistance to those they supervise;

 

f)         Report unsafe, unethical or illegal health care practice or conditions to appropriate authorities; and

 

g)         Assume responsibility for continued professional growth and education to reflect knowledge and understanding of current care practice.

 

(Source:  Added at 45 Ill. Reg.228, effective January 4, 2021)

 

Section 1300.450  Delivery of Anesthesia Services by a Certified Registered Nurse Anesthetist Outside a Hospital or Ambulatory Surgical Treatment Center

 

a)         A certified registered nurse anesthetist (CRNA) who provides anesthesia services outside of a hospital or ambulatory surgical treatment center shall enter into a written collaborative agreement with an anesthesiologist or the physician licensed to practice medicine in all its branches or the podiatric physician performing the procedure. Outside of a hospital or ambulatory surgical treatment center, the CRNA may provide only those services that the collaborating podiatric physician is authorized to provide pursuant to the Podiatric Medical Practice Act of 1987 and rules adopted under that Act. A certified registered nurse anesthetist may select, order, and administer medication, including controlled substances, and apply appropriate medical devices for delivery of anesthesia services under the anesthesia plan agreed with by the anesthesiologist or the operating physician or operating podiatric physician.

 

b)         A certified registered nurse anesthetist may be delegated prescriptive authority under Section 65-40 of the Act in a written collaborative agreement meeting the requirements of Section 65-35 of the Act.

 

c)         In a physician's office, the CRNA may only provide anesthesia services if the physician has training and experience in the delivery of anesthesia services to patients.  The physician's training and experience shall meet the requirements set forth in 68 Ill. Adm. Code 1285.340.

 

d)         In addition, in a physician's office, any CRNA and physician who enter into a collaborative agreement shall obtain and maintain current Advanced Cardiac Life Support (ACLS) certification.

 

e)         A CRNA who provides anesthesia services in a dental office shall enter into a written collaborative agreement with an anesthesiologist or the physician licensed to practice medicine in all its branches or the operating dentist performing the procedure.  The agreement shall describe the working relationship of the CRNA and dentist and shall authorize the categories of care, treatment or procedures to be performed by the CRNA.  In a collaborating dentist's office, the CRNA may only provide those services that the operating dentist with the appropriate permit is authorized to provide pursuant to the Illinois Dental Practice Act and rules adopted under that Act.  For anesthesia services, an anesthesiologist, physician or operating dentist shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation and treatment of emergency medical conditions.  A CRNA may select, order and administer medication, including controlled substances, and apply appropriate medical devices for delivery of anesthesia services under the anesthesia plan agreed with by the operating dentist.

 

f)         In a podiatric physician's office, the CRNA may only provide those services the podiatric physician is authorized to provide pursuant to the Podiatric Medical Practice Act of 1987 and 68 Ill. Adm. Code 1360.  Podiatric physicians may not administer general anesthetics.

 

g)         A CRNA providing anesthesia services in a physician, dental or podiatric physician office shall do so with the active participation, approval, presence and availability of the physician, dentist or podiatric physician as well as in accordance with Standards 1 through 11 of the "Standards for Office Based Anesthesia Practice", American Association of Nurse Anesthetists, 222 South Prospect Avenue, Park Ridge, Illinois 60068 (2005), which are hereby incorporated by reference, with no later editions or amendments.  If there is a conflict between the Nurse Practice Act or this Part and those standards, the Act and this Part shall prevail.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.460  Advanced Practice Registered Nursing in Hospitals or Ambulatory Surgical Treatment Centers

 

a)         An advanced practice registered nurse may provide services in a licensed hospital or hospital affiliate as defined in the Hospital Licensing Act or the University of Illinois Hospital Act [110 ILCS 330], or a licensed ambulatory surgical treatment center without prescriptive authority or a written collaborative agreement pursuant to Section 65-35 of the Act. An APRN must possess clinical privileges recommended by the hospital medical staff and granted by the hospital or the consulting medical staff committee and ambulatory surgical treatment center in order to provide services. The medical staff or consulting medical staff committee shall periodically review the services of all APRNs granted clinical privileges. Authority may also be granted to individual APRNs to select, order and administer medications, including controlled substances as permitted under the Act and this Part, to provide delineated care. The attending physician shall determine an APRN's role in providing care for his or her patients, except as otherwise provided in the medical staff bylaws or consulting committee policies.

 

b)         An APRN who does not meet the requirements of Section 65-43 of the Act and who is privileged to order medications, including controlled substances, may complete discharge prescriptions provided the prescription is in the name of the APRN and the attending or discharging physician.

 

c)         An APRN granted full practice authority by Section 65-43 of the Act may be privileged to complete discharge orders and prescriptions under the APRN's name.

 

d)         An APRN granted full practice authority by Section 65-43 of the Act practicing in a hospital affiliate may be, but is not required to be, privileged to prescribe Schedule II through V controlled substances when that authority is recommended by the appropriate physician committee of the hospital affiliate and granted by the hospital affiliate.  To prescribe controlled substances in a hospital affiliate, the APRN must obtain a controlled substances license.  Medication orders for controlled substances shall be reviewed periodically by the appropriate hospital affiliate physicians committee or its physician designee. 

 

e)         The hospital affiliate shall file with the Department notice of a grant of prescriptive authority and termination of the grant of authority for all APRNs who do not meet the requirements of Section 65-43 of the Act.

 

f)         For anesthesia services provided by a certified registered nurse anesthetist, an anesthesiologist, physician, dentist, or podiatric physician shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation and treatment of emergency medical conditions, unless hospital policy adopted pursuant to Section 10.7(4)(B) of the Hospital Licensing Act or ambulatory surgical treatment center policy adopted pursuant to Section 6.5(4)(B) of the Ambulatory Surgical Treatment Center Act provides otherwise. A CRNA may select, order and administer medication for anesthesia services under the anesthesia plan agreed to by the anesthesiologist, physician, podiatric physician or dentist, in accordance with hospital alternative policy or the medical staff consulting committee policies of a licensed ambulatory surgical treatment center.

 

g)         An advanced practice registered nurse who provides services in a hospital shall do so in accordance with Section 10.7 of the Hospital Licensing Act and the University of Illinois Hospital Act, and in an ambulatory surgical treatment center, in accordance with Section 6.5 of the Ambulatory Surgical Treatment Center Act.

 

h)         Nothing in this Section shall be construed to require an APRN to have a collaborative agreement to practice in a hospital, hospital affiliate or ambulatory surgical treatment center.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.465  Full Practice Authority

 

a)         An Illinois-licensed advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist may be granted the privilege of full practice authority, which provides the ability under this Section to practice without a written collaborative agreement.

 

b)         An APRN certified as a nurse midwife, clinical nurse specialist, or nurse practitioner seeking full practice authority shall submit a form provided by the Department indicating he/she has met the necessary requirements in Section 65-43 of the Act.  The documentation shall include:

 

1)         Current APRN license number and current registered professional nurse license number.  Only applicants whose APRN license and registered professional nurse license are current, active and unrestricted are eligible for full practice authority.

 

2)         Notarized attestation, signed by the APRN, of completion of at least 250 hours of continuing education or training.  Documentation of successful completion of this requirement shall be provided to the Department upon request.

 

A)        Continuing education and training, as used in this Section, shall include, but not be limited to:

 

i)        Formal CE hours conducted by approved CE sponsors and programs as set forth in Section 1300.130(c)(1);

 

ii)       Completion of graduate education at universities or colleges;

 

iii)      CE programs required for certification or recertification by appropriate professional associations;

 

iv)      Other educational opportunities that comply with the continuing education standards in Section 1300.130.

 

B)        The continuing education or training hours required shall be in the APRN's area of certification.

 

3)         Notarized attestation of completion of at least 4000 hours of clinical experience after first attaining national certification.  The clinical experience must be in the APRN's area of certification.  The clinical experience shall be in collaboration with a physician or physicians.  Completion of the clinical experience must be attested to by the collaborating physician or physicians and the APRN.  For APRNs working in a hospital setting, the clinical experience may be attested to by the hospital medical staff committee or designee.  Documentation of successful completion of this requirement shall be provided to the Department upon request.

 

4)         The fee required by Section 1300.30(a)(5).

 

c)         The scope of practice of an APRN granted full practice authority includes:

 

1)         All matters included in Section 65-30(c) of the Act;

 

2)         Practicing without a written collaborative agreement in all practice settings consistent with national certification;

 

3)         Authority to prescribe both legend drugs and Schedule II through V controlled substances, except as provided in Section 1300.465(c)(4).  This authority includes prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, and controlled substances categorized as any Schedule II through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies;

 

4)         Prescribing benzodiazepines or Schedule II narcotic drugs, such as opioids, only in a consultation relationship with a physician;

 

A)        This consultation relationship shall be recorded in the Prescription Monitoring Program website, pursuant to Section 316 of the Illinois Controlled Substances Act, by the physician and advanced practice registered nurse with full practice authority;

 

B)        Consultation is not required to be filed with the Department;

 

C)        The specific Schedule II narcotic drug must be identified by either brand name or generic name;

 

D)        May be administered by oral dosage or topical or transdermal application;

 

E)        Delivery by injection or other route of administration is not permitted;

 

F)         At least monthly, the APRN and the physician must discuss the condition of any patients for whom a benzodiazepine or opioid is prescribed;

 

G)        Nothing in this subsection (c)(4) shall be construed to require a prescription by an APRN granted full practice authority to indicate a physician's name on the prescription; and

 

H)        All consultation records shall be available to the Department upon request;

 

5)         Authority to obtain an Illinois controlled substances license and a federal Drug Enforcement Administration number;

 

6)         Use of only local anesthetic; and

 

7)         The scope of practice of an APRN does not include operative surgery.

 

d)         Upon issuance of an APRN license with full practice authority, the regular APRN license will go inactive.

 

e)         Prior to prescribing as an APRN granted full practice authority, the APRN must apply for a practitioner license under the Illinois Controlled Substances Act. 

 

f)         Nothing in the Act shall be construed to authorize an advanced practice registered nurse with full practice authority to provide health care services required by law or rule to be performed by a physician, including, but not limited to, those acts to be performed by a physician in Section 3.1 of the Illinois Abortion Law of 1975 [720 ILCS 510].  (Section 65-43(e) of the Act)

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.466  Full Practice Authority Dispensing

 

a)         Except when dispensing manufacturers' samples or other legend drugs in a maximum 72-hour supply, APRNs shall maintain a book or file of prescriptions as required in the Pharmacy Practice Act.  Any person licensed under that Act who dispenses any drug or medicine shall dispense the drug or medicine in good faith and shall affix to the box, bottle, vessel or package containing the drug or medication a label indicating the:

 

1)         Date on which the drug or medicine is dispensed;

 

2)         Name of the patient;

 

3)         Last name of the person dispensing the drug or medicine;

 

4)         Directions for use of the drug or medication; and

 

5)         Proprietary name or names or, if there are none, the established name or names, of the drug or medicine and the dosage and quantity, except as otherwise authorized by regulation of the Department.

 

b)         The labeling requirements set forth in subsection (a) shall not apply to drugs or medicines in a package that bears a label of the manufacturer containing information describing its contents that is in compliance with requirements of the Federal Food, Drug, and Cosmetic Act (21 USC 301) and the Illinois Food, Drug, and Cosmetic Act [410 ILCS 620]. "Drug" and "medicine" have the meanings ascribed to them in the Pharmacy Practice Act. "Good faith" has the meaning ascribed to it in Section 102(u) of the Illinois Controlled Substances Act.

 

c)         Prior to dispensing a prescription to a patient, the APRN shall offer a written prescription to the patient that the patient may elect to have filled by the APRN or any licensed pharmacy.

 

d)         APRNs must indicate on their prescription orders that they have been granted full practice authority.

 

e)         A violation of any provision of this Section shall constitute a violation of the Act and shall be grounds for disciplinary action provided for in the Act.

 

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.470  Advertising

 

a)         Advertising shall contain all information necessary to make the communication informative and not misleading.  Advertising shall identify the type of license held by the licensee whose services are being promoted.  The form of advertising shall be designed to communicate information to the public in a direct, dignified and readily comprehensible manner.

 

b)         If an advertisement is communicated to the public over television or radio, it shall be prerecorded and approved for broadcast by the advanced practice registered nurse and a recording of the actual transmission, including videotape, shall be retained, for at least 5 years, by the advanced practice registered nurse.

 

c)         If an advanced practice registered nurse has a doctorate degree, when identifying himself or herself as "doctor" in a clinical setting, the APRN must clearly state that his or her educational preparation is not in medicine and that he or she is not a medical doctor or physician.

 

d)         Advertising shall otherwise comply with Section 65-55 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

 

Section 1300.480  Reports Relating to APRN Professional Conduct and Capacity

 

a)         All reports filed under Section 65-65 of the Act must contain sufficient current information to enable the Division to evaluate the impairment and determine the appropriateness of the supervision or the program of rehabilitation. If the Board finds the supervision or treatment plan submitted by the institution is not sufficient to meet the needs of the individual, the Board may direct the facility to work with the Division to revise the plan or treatment to meet the specific objections.

 

b)         Contents of Reports. Reports under this Section shall be submitted in writing on forms provided by the Division that shall include but not be limited to the following information:

 

1)         The name, address, telephone number and title of the person making the report;

 

2)         The name, address, telephone number and type of health care institution where the maker of the report is employed;

 

3)         The name, address, telephone number and professional license number of the person who is the subject of the report;

 

4)         A brief description of the facts that gave rise to the issuance of the report, including but not limited to the dates of any occurrences deemed to necessitate the filing of the report;

 

5)         If court action is involved, the identity of the court in which the action is filed, the docket number, and the date of filing of the action;

 

6)         Any further pertinent information that the reporting party deems to be an aid in the evaluation of the report.

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)

SUBPART E: MEDICATION AIDE

 

Section 1300.600  Pilot Program (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.610  Application for Examination or Licensure as a Medication Aide (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.620  Medication Aide Licensure Examination (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.630  Qualified Employers and Facilities (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.640  Standards for Termination (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.650  Site Visits (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.660  Approved Curriculum (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.670  Medication Aide Scope of Practice (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)

 

Section 1300.680  Required Reports of Qualified Facilities (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 228, effective January 4, 2021)




Section 1300.APPENDIX A   Additional Certifications Accepted for Licensure as an Advanced Practice Nurse (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 6924, effective June 14, 2019)




Section 1300.EXHIBIT A   Sample Written Collaborative Agreement

 

ADVANCED PRACTICE REGISTERED NURSING

WRITTEN COLLABORATIVE AGREEMENT

 

A.

ADVANCED PRACTICE REGISTERED NURSE INFORMATION

1.

NAME:

2.

ILLINOIS RN LICENSE NUMBER:

ILLINOIS APRN LICENSE NUMBER:

ILLINOIS CONTROLLED SUBSTANCES LICENSE NUMBER:

FEDERAL MID-LEVEL PRACTITIONER DEA NUMBER:

3.

AREAS OF CERTIFICATION:

4.

CERTIFYING ORGANIZATION:

5.

CERTIFICATION EXPIRATION DATE:

6.

CERTIFICATION NUMBER:

7.

PRACTICE SITES: (Attach List of Sites)

8.

CONTACT NUMBER:

FACSIMILE NUMBER:

EMERGENCY NUMBER:

9.

ATTACHMENTS:

Copy of Certification/Recertification

Copies of RN & APRN License

Copy of Certificate of Insurance

Copy of Controlled Substances License

B.

COLLABORATING PHYSICIAN/PODIATRIC PHYSICIAN/DENTIST INFORMATION

1.

NAME:

2.

ILLINOIS MEDICAL LICENSE NUMBER:

3.

PRACTICE AREA OR CONCENTRATION:

4.

BOARD CERTIFICATION (if any):

5.

CERTIFYING ORGANIZATION:

6.

PRACTICE SITES: (Attach List of Sites)

7.

CONTACT NUMBER:

FAX NUMBER:

EMERGENCY NUMBER:

C.     ADVANCED PRACTICE REGISTERED NURSE COLLABORATING PHYSICIAN/ PODIATRIC PHYSICIAN/DENTIST WORKING RELATIONSHIP

 

1.         WRITTEN COLLABORATIVE AGREEMENT REQUIREMENT

 

A written collaborative agreement is required for all Advanced Practice Registered Nurses (APRNs) engaged in clinical practice outside of a hospital, hospital affiliate, or ambulatory surgical treatment center (ASTC) except for those APRNs granted full practice authority.  An APRN may provide services in a licensed hospital, hospital affiliate, or ASTC without a written collaborative agreement or delegated prescriptive authority.

 

2.         SCOPE OF PRACTICE

 

Under this agreement, the APRN will collaborate with the collaborating physician, dentist or podiatric physician in an active practice to deliver health care services.  This agreement includes, but is not limited to, advanced nursing patient assessment and diagnosis, ordering diagnostic and therapeutic tests and procedures, performing those tests and procedures when using health care equipment, interpreting and using the results of diagnostic and therapeutic tests and procedures ordered by the APRN or another health care professional, ordering treatments, ordering or applying appropriate medical devices, using nursing, medical, therapeutic and corrective measures to treat illness and improve health status, providing palliative and end-of-life care, providing advanced counseling, patient education, health education and patient advocacy, prescriptive authority, and delegating nursing activities or tasks to a LPN, RN or other personnel.

 

If applicable, the APRN shall maintain privileges at the following hospitals for the designated services:

 

Hospitals:  _____________________________________________________________

 

A copy of this written collaborative agreement shall remain on file at all sites where the APRN renders service and shall be provided to the Illinois Department of Financial and Professional Regulation upon request.

 

3.         COLLABORATION AND CONSULTATION

 

(A)       Collaboration and consultation between a certified nurse midwife, certified nurse practitioner, or certified nurse specialist and  the collaborating physician includes the following:

 

(i)        The APRN seeking the advice or opinion of the collaborating physician through the mutually agreeable methods of communication, which may be in person or through telecommunications or electronic communications (see 225 ILCS 60/54.5(b)(3) and 225 ILCS 65/65-35(b));

 

(ii)       Discussing the condition of any patients for whom a controlled substance has been prescribed under delegated prescriptive authority at least once a month for Schedule II controlled substances (see 225 ILCS 65/65-40(b) and (d)(4)); and

 

(iii)      The APRN informing each collaborating physician of all written collaborative agreements he or she has signed with other physicians and providing a copy of these to any collaborating physician, upon request.

 

 

(B)       Collaboration and consultation between a certified registered nurse anesthetist (CRNA) and the collaborating physician, dentist or podiatric physician includes the following: (i)    A licensed CRNA may provide anesthesia services pursuant to the order of a licensed physician, podiatric physician or dentist.

 

(ii)        For anesthesia services, an anesthesiologist, physician, podiatric physician or dentist participates through discussion of, and agreement with, the anesthesia plan and is physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation and treatment of emergency medical conditions.

 

(iii)       A CRNA may select, order and administer medications, including controlled substances, and apply appropriate medical devices for delivery of anesthesia services under the anesthesia plan agreed to by an anesthesiologist, or the operating physician, operating podiatric physician or operating dentist.  (See 225 ILCS 65/65-35(c-5) and (c-10).)

 

(iv)       In a physician's office, the CRNA may only provide anesthesia services if the physician has training and experience in the delivery of anesthesia services to patients.

 

(v)        In a podiatric physician's office, the CRNA may only provide those services the podiatric physician is authorized to provide pursuant to the Podiatric Medical Practice Act.

 

(vi)       A collaborative agreement between a CRNA and a dentist must be in accordance with 225 ILCS 65/65-35(c-10).  In a dentist's office, the CRNA may only provide those services the dentist is authorized to provide pursuant to the Illinois Dental Practice Act.

 

4.         DELEGATION OF PRESCRIPTIVE AUTHORITY

 

As the collaborating physician/podiatric physician, any prescriptive authority delegated to the APRN is set forth in an attached document, which must be filed with the Department of Financial and Professional Regulation and the Department of Human Services Prescription Monitoring Program.

 

NOTE:  ADVANCED PRACTICE REGISTERED NURSES MAY ONLY PRESCRIBE CONTROLLED SUBSTANCES UPON RECEIPT OF A FEDERAL DEA REGISTRATION AND AN ILLINOIS MID-LEVEL PRACTITIONER CONTROLLED SUBSTANCES LICENSE.  (See 225 ILCS 65/65-40(a) and 68 Ill. Adm. Code 1300.430(c).)

 

WE THE UNDERSIGNED AGREE TO THE TERMS AND CONDITIONS OF THIS WRITTEN COLLABORATIVE AGREEMENT.
Collaborating Physician/Podiatric Physician /Dentist Signature/Date		Advanced Practice Registered Nurse Signature/Date
(Physician's/Podiatric Physician's /Dentist's Typed Name)		(Advanced Practice Registered Nurse's Typed Name)

 

(Source:  Amended at 43 Ill. Reg. 6924, effective June 14, 2019)