HB5155ham001 103RD GENERAL ASSEMBLY

Rep. Eva-Dina Delgado

Filed: 3/27/2024

10300HB5155ham001 LRB103 37838 RTM 71400 a

AMENDMENT TO HOUSE BILL 5155

AMENDMENT NO. ______. Amend House Bill 5155 by replacing everything after the enacting clause with the following:

"Section 5. The Nurse Practice Act is amended by changing Sections 60-5 and 60-10 and by adding Section 60-7 as follows:

(225 ILCS 65/60-5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 60-5. RN education program requirements; out-of-State programs.

(a) All registered professional nurse education programs must be reviewed by the Board and approved by the Department before the successful completion of such a program may be applied toward meeting the requirements for registered professional nurse licensure under this Act. Any program changing the level of educational preparation or the relationship with or to the parent institution or establishing an extension of an existing program must request a review by the Board and approval by the Department. The Board shall review and make a recommendation for the approval or disapproval of a program by the Department based on the following criteria:

(1) a feasibility study that describes the need for the program and the facilities used, the potential of the program to recruit faculty and students, financial support for the program, and other criteria, as established by rule;

(2) program curriculum that meets all State requirements;

(2.5) whether the program satisfies one of the criteria for program effectiveness set forth in subsection (a) of Section 60-7 measurement of program effectiveness based on a passage rate of all graduates over the 3 most recent calendar years without reference to first-time test takers;

(3) the administration of the program by a Nurse Administrator and the involvement of a Nurse Administrator in the development of the program;

(4) the occurrence of a site visit prior to approval; and

(5) 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. The Department may adopt rules regarding a warning process and reaccreditation.

(b) In order to obtain initial Department approval and to maintain Department approval, a registered professional nursing program must meet all of the following requirements:

(1) The institution responsible for conducting the program and the Nurse Administrator must ensure that individual faculty members are academically and professionally competent.

(2) The program curriculum must contain all applicable requirements established by rule, including both theory and clinical components.

(3) The passage rates of the program's graduating classes on the State-approved licensure exam must meet one of the measurements of program effectiveness set forth in subsection (a) of Section 60-7 be deemed satisfactory by the Department.

On and after the effective date of this amendatory Act of the 103rd General Assembly, a registered professional nurse education program meeting one of the measurements of program effectiveness referenced in subsection (a) of Section 60-7 of this Act, as submitted to the Board each February 15 shall be deemed to be in good standing.

(c) Program site visits to an institution conducting or hosting a professional nursing program may be made at the discretion of the Nursing Coordinator or upon recommendation of the Board. Full routine site visits may be conducted by the Department for periodic evaluation. Such visits shall be used to determine compliance with this Act. Full routine site visits must be announced and may be waived at the discretion of the Department if the program maintains accreditation with an accrediting body recognized by the United States Department of Education and approved by the Department.

(d) Any institution conducting a registered professional nursing program that wishes to discontinue the program must do each of the following:

(1) Notify the Department, in writing, of its intent to discontinue the program.

(2) Continue to meet the requirements of this Act and the rules adopted thereunder until the official date of termination of the program.

(3) Notify the Department of the date on which the last student shall graduate from the program and the program shall terminate.

(4) Assist remaining students in the continuation of their education in the event of program termination prior to the graduation of the program's final student.

(5) Upon the closure of the program, notify the Department, in writing, of the location of student and graduate records' storage.

(e) Out-of-State registered professional nursing education programs planning to offer clinical practice experiences in this State must meet the requirements set forth in this Section and must meet the clinical and faculty requirements for institutions outside of this State, as established by rule. The institution responsible for conducting an out-of-State registered professional nursing education program and the administrator of the program shall be responsible for ensuring that the individual faculty and preceptors overseeing the clinical experience are academically and professionally competent.

(Source: P.A. 103-533, eff. 1-1-24.)

(225 ILCS 65/60-7 new)

Sec. 60-7. Registered professional nurse education program effectiveness.

(a) The measurement of a registered professional nurse education program's effectiveness is determined by whether the program's:

(1) most recent annual pass rate on a State-approved licensure examination is 75% or greater for all first-time test-takers; or

(2) average pass rate on a State-approved licensure examination for the 3 most recent years is 75% or greater for all first-time test-takers.

(b) Outliers may be removed when calculating State-approved licensure examination pass rates. A registered professional nurse education program shall be responsible for tracking outliers. If a professional nurse education program elects to remove outliers when calculating State-approved licensure examination pass rates, then the professional nurse education program must provide the Department with a roster of removed outliers and the documentation necessary to confirm each outlier's status as an outlier.

In this subsection, "outlier" means a graduate of a professional nurse education program who does not take a State-approved licensure examination within 180 days of graduating a professional nurse education program.

(c) A registered professional nurse education program is responsible for calculating the passage rate of the program's graduates. The registered professional nurse education program must submit a calculation of the passage rate of the program's graduates and supporting documentation, which includes an attestation of how the program arrived at its passage rate, to the Board and the Department on February 15 of each year.

(225 ILCS 65/60-10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 60-10. RN licensure by examination.

(a) Each applicant who successfully meets the requirements of this Section is eligible for licensure as a registered professional nurse.

(b) An applicant for licensure by examination to practice as a registered professional nurse is eligible for licensure when the following requirements are met:

(1) the applicant has submitted a completed written application, on forms provided by the Department, and fees, as established by the Department;

(2) the applicant has graduated from a professional nursing education program approved by the Department or has been granted a certificate of completion of pre-licensure requirements from another United States jurisdiction;

(3) the applicant has successfully completed a licensure examination approved by the Department;

(4) (blank);

(5) the applicant has submitted to the criminal history records check required under Section 50-35 of this Act;

(6) the applicant has submitted, 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; and

(7) the applicant has met all other requirements established by the Department by rule.

An applicant for licensure by examination may take the Department-approved examination in another jurisdiction.

(b-3) An applicant who graduates from a professional nursing program in this State on or after January 1, 2024 (the effective date of Public Act 103-533) this amendatory Act of the 103rd General Assembly and does not take the licensure examination within 180 days after his or her degree is conferred by the institution of higher education or fails the licensure examination for a second time shall be required to demonstrate proof of completion of a National Council Licensure Examination preparatory class or a comparable test preparatory program before taking a subsequent licensure examination or the graduate may return to the institution of higher education from which he or she graduated which shall provide remedial educational resources to the graduate at no cost to the graduate. Such an applicant must contact the institution of higher education from which he or she graduated prior to retesting.

(b-4) (Blank) . All professional nursing programs in probationary status on the effective date of this amendatory Act of the 103rd General Assembly and subject to a program revision plan shall be deemed in good standing for a period of 3 years beginning on the effective date of this amendatory Act of the 103rd General Assembly. Prior to September 1, 2026, no professional nursing program shall be placed on probationary status for failing to reach a passage rate of less than 75%.

(b-5) If an applicant for licensure by examination neglects, fails, or refuses to take an examination or fails to pass an examination for a license within 3 years of the date of initial application, the application shall be denied. When an applicant's application is denied due to the failure to pass the examination within the 3-year period, that applicant must undertake an additional course of education as defined by rule prior to submitting a new application for licensure. Any new application must be accompanied by the required fee, evidence of meeting the requirements in force at the time of the new application, and evidence of completion of the additional course of education prescribed by rule.

(c) An applicant for licensure by examination shall have one year after the date of notification of the 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 retake and pass the examination unless licensed in another jurisdiction of the United States.

(d) An applicant for licensure by examination who passes the Department-approved licensure examination for professional nursing may obtain employment as a license-pending registered nurse and practice under the direction of a registered professional nurse or an advanced practice registered nurse until such time as he or she receives his or her license to practice or until the license is denied. In no instance shall any such applicant practice or be employed in any management capacity. An individual may be employed as a license-pending registered nurse if all of the following criteria are met:

(1) He or she has completed and passed the Department-approved licensure exam and presents to the employer the official written notification indicating successful passage of the licensure examination.

(2) He or she has completed and submitted to the Department an application for licensure under this Section as a registered professional nurse.

(3) He or she has submitted the required licensure fee.

(4) He or she has met all other requirements established by rule, including having submitted to a criminal history records check.

(e) The privilege to practice as a license-pending registered nurse shall terminate with the occurrence of any of the following:

(1) Three months have passed since the official date of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. The 3-month license pending period may be extended if more time is needed by the Department to process the licensure application.

(2) Receipt of the registered professional nurse license from the Department.

(3) Notification from the Department that the application for licensure has been refused.

(4) A request by the Department that the individual terminate practicing as a license-pending registered nurse until an official decision is made by the Department to grant or deny a registered professional nurse license.

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) All applicants for registered professional nurse licensure have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years after 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.

(l) All applicants for registered nurse licensure by examination who are graduates of practical nursing educational programs in a country other than the United States and 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 evidence of English proficiency, as defined by rule.

(m) (Blank).

(Source: P.A. 103-533, eff. 1-1-24.)".