093_HB2553
LRB093 06488 AMC 06613 b
1 AN ACT concerning nursing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing and Advanced Practice Nursing Act
5 is amended by changing Section 10-30 as follows:
6 (225 ILCS 65/10-30)
7 (Section scheduled to be repealed on January 1, 2008)
8 Sec. 10-30. Qualifications for licensure.
9 (a) Each applicant who successfully meets the
10 requirements of this Section shall be entitled to licensure
11 as a Registered Nurse or Licensed Practical Nurse, whichever
12 is applicable.
13 (b) An applicant for licensure by examination to
14 practice as a registered nurse or licensed practical nurse
15 shall:
16 (1) submit a completed written application, on
17 forms provided by the Department and fees as established
18 by the Department;
19 (2) for registered nurse licensure, have graduated,
20 or will graduate prior to testing, from a professional
21 nursing education program approved by the Department.
22 Proof of graduation must be submitted to the Department
23 prior to testing;
24 (2.5) for licensed practical nurse licensure, have
25 graduated, or will graduate prior to testing, graduate
26 from a practical nursing education program approved by
27 the Department. Proof of graduation must be submitting
28 to the Department prior to testing;
29 (3) have not violated the provisions of Section
30 10-45 of this Act. The Department may take into
31 consideration any felony conviction of the applicant, but
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1 such a conviction shall not operate as an absolute bar to
2 licensure;
3 (4) meet all other requirements as established by
4 rule;
5 (5) pay, either to the Department or its designated
6 testing service, a fee covering the cost of providing the
7 examination. Failure to appear for the examination on the
8 scheduled date at the time and place specified after the
9 applicant's application for examination has been received
10 and acknowledged by the Department or the designated
11 testing service shall result in the forfeiture of the
12 examination fee.
13 If an applicant neglects, fails, or refuses to take an
14 examination or fails to pass an examination for a license
15 under this Act within 3 years after filing the application,
16 the application shall be denied. However, the applicant may
17 make a new application accompanied by the required fee and
18 provide evidence of meeting the requirements in force at the
19 time of the new application.
20 An applicant may take and successfully complete a
21 Department-approved examination in another jurisdiction.
22 However, an applicant who has never been licensed previously
23 in any jurisdiction that utilizes a Department-approved
24 examination and who has taken and failed to pass the
25 examination within 3 years after filing the application must
26 submit proof of successful completion of a
27 Department-authorized nursing education program or
28 recompletion of an approved registered nursing program or
29 licensed practical nursing program, as appropriate, prior to
30 re-application.
31 An applicant shall have one year from the date of
32 notification of successful completion of the examination to
33 apply to the Department for a license. If an applicant fails
34 to apply within one year, the applicant shall be required to
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1 again take and pass the examination unless licensed in
2 another jurisdiction of the United States within one year of
3 passing the examination.
4 (c) An applicant for licensure by endorsement who is a
5 registered professional nurse or a licensed practical nurse
6 licensed by examination under the laws of another state or
7 territory of the United States or a foreign country,
8 jurisdiction, territory, or province shall:
9 (1) submit a completed written application, on
10 forms supplied by the Department, and fees as established
11 by the Department;
12 (2) for registered nurse licensure, have graduated
13 from a professional nursing education program approved by
14 the Department;
15 (2.5) for licensed practical nurse licensure, have
16 graduated from a practical nursing education program
17 approved by the Department;
18 (3) submit verification of licensure status
19 directly from the United States jurisdiction of
20 licensure, if applicable, as defined by rule;
21 (4) have passed the examination authorized by the
22 Department;
23 (5) meet all other requirements as established by
24 rule.
25 (d) All applicants for registered nurse licensure
26 pursuant to item (2) of subsection (b) and item (2) of
27 subsection (c) of this Section who are graduates of nursing
28 educational programs in a country other than the United
29 States or its territories must submit to the Department
30 certification of successful completion of the Commission of
31 Graduates of Foreign Nursing Schools (CGFNS) examination. An
32 applicant who is unable to provide appropriate documentation
33 to satisfy CGFNS of her or his educational qualifications for
34 the CGFNS examination shall be required to pass an
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1 examination to test competency in the English language, which
2 shall be prescribed by the Department, if the applicant is
3 determined by the Board to be educationally prepared in
4 nursing. The Board shall make appropriate inquiry into the
5 reasons for any adverse determination by CGFNS before making
6 its own decision.
7 An applicant licensed in another state or territory who
8 is applying for licensure and has received her or his
9 education in a country other than the United States or its
10 territories shall be exempt from the completion of the
11 Commission of Graduates of Foreign Nursing Schools (CGFNS)
12 examination if the applicant meets all of the following
13 requirements:
14 (1) successful passage of the licensure examination
15 authorized by the Department;
16 (2) holds an active, unencumbered license in
17 another state; and
18 (3) has been actively practicing for a minimum of 2
19 years in another state.
20 (e) (Blank).
21 (f) Pending the issuance of a license under subsection
22 (c) of this Section, the Department may grant an applicant a
23 temporary license to practice nursing as a registered nurse
24 or as a licensed practical nurse if the Department is
25 satisfied that the applicant holds an active, unencumbered
26 license in good standing in another jurisdiction. If the
27 applicant holds more than one current active license, or one
28 or more active temporary licenses from other jurisdictions,
29 the Department shall not issue a temporary license until it
30 is satisfied that each current active license held by the
31 applicant is unencumbered. The temporary license, which
32 shall be issued no later than 14 working days following
33 receipt by the Department of an application for the temporary
34 license, shall be granted upon the submission of the
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1 following to the Department:
2 (1) a signed and completed application for
3 licensure under subsection (a) of this Section as a
4 registered nurse or a licensed practical nurse;
5 (2) proof of a current, active license in at least
6 one other jurisdiction and proof that each current active
7 license or temporary license held by the applicant within
8 the last 5 years is unencumbered;
9 (3) a signed and completed application for a
10 temporary license; and
11 (4) the required temporary license fee.
12 (g) The Department may refuse to issue an applicant a
13 temporary license authorized pursuant to this Section if,
14 within 14 working days following its receipt of an
15 application for a temporary license, the Department
16 determines that:
17 (1) the applicant has been convicted of a crime
18 under the laws of a jurisdiction of the United States:
19 (i) which is a felony; or (ii) which is a misdemeanor
20 directly related to the practice of the profession,
21 within the last 5 years;
22 (2) within the last 5 years the applicant has had a
23 license or permit related to the practice of nursing
24 revoked, suspended, or placed on probation by another
25 jurisdiction, if at least one of the grounds for
26 revoking, suspending, or placing on probation is the same
27 or substantially equivalent to grounds in Illinois; or
28 (3) it intends to deny licensure by endorsement.
29 For purposes of this Section, an "unencumbered license"
30 means a license against which no disciplinary action has been
31 taken or is pending and for which all fees and charges are
32 paid and current.
33 (h) The Department may revoke a temporary license issued
34 pursuant to this Section if:
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1 (1) it determines that the applicant has been
2 convicted of a crime under the law of any jurisdiction of
3 the United States that is (i) a felony or (ii) a
4 misdemeanor directly related to the practice of the
5 profession, within the last 5 years;
6 (2) it determines that within the last 5 years the
7 applicant has had a license or permit related to the
8 practice of nursing revoked, suspended, or placed on
9 probation by another jurisdiction, if at least one of the
10 grounds for revoking, suspending, or placing on probation
11 is the same or substantially equivalent to grounds in
12 Illinois; or
13 (3) it determines that it intends to deny licensure
14 by endorsement.
15 A temporary license shall expire 6 months from the date
16 of issuance. Further renewal may be granted by the
17 Department in hardship cases, as defined by rule and upon
18 approval of the Director. However, a temporary license shall
19 automatically expire upon issuance of the Illinois license or
20 upon notification that the Department intends to deny
21 licensure, whichever occurs first.
22 (i) Applicants have 3 years from the date of application
23 to complete the application process. If the process has not
24 been completed within 3 years from the date of application,
25 the application shall be denied, the fee forfeited, and the
26 applicant must reapply and meet the requirements in effect at
27 the time of reapplication.
28 (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.