Public Act 094-0932
 
SB2372 Enrolled LRB094 15151 RAS 50331 b

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    (Section scheduled to be repealed on January 1, 2008)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