093_HB2553enr HB2553 Enrolled 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Practice Nursing Act 5 is amended by changing Section 5-15 as follows: 6 (225 ILCS 65/5-15) 7 (Section scheduled to be repealed on January 1, 2008) 8 Sec. 5-15. Policy; application of Act. For the protection 9 of life and the promotion of health, and the prevention of 10 illness and communicable diseases, any person practicing or 11 offering to practice professional and practical nursing in 12 Illinois shall submit evidence that he or she is qualified to 13 practice, and shall be licensed as provided under this Act. 14 No person shall practice or offer to practice professional or 15 practical nursing in Illinois or use any title, sign, card or 16 device to indicate that such a person is practicing 17 professional or practical nursing unless such person has been 18 licensed under the provisions of this Act. 19 This Act does not prohibit the following: 20 (a) The practice of nursing in Federal employment 21 in the discharge of the employee's duties by a person who 22 is employed by the United States government or any 23 bureau, division or agency thereof and is a legally 24 qualified and licensed nurse of another state or 25 territory and not in conflict with Sections 10-5, 10-30, 26 and 10-45 of this Act. 27 (b) Nursing that is included in their program of 28 study by students enrolled in programs of nursing or in 29 current nurse practice update courses approved by the 30 Department. 31 (c) The furnishing of nursing assistance in an HB2553 Enrolled -2- LRB093 06488 AMC 06613 b 1 emergency. 2 (d) The practice of nursing by a nurse who holds an 3 active license in another state when providing services 4 to patients in Illinois during a bonafide emergency or in 5 immediate preparation for or during interstate transit. 6 (e) The incidental care of the sick by members of 7 the family, domestic servants or housekeepers, or care of 8 the sick where treatment is by prayer or spiritual means. 9 (f) Persons from being employed as nursing aides, 10 attendants, orderlies, and other auxiliary workers in 11 private homes, long term care facilities, nurseries, 12 hospitals or other institutions. 13 (g) The practice of practical nursing by one who 14 has applied in writing to the Department in form and 15 substance satisfactory to the Department, for a license 16 as a licensed practical nurse and who has complied with 17 all the provisions under Section 10-30, except the 18 passing of an examination to be eligible to receive such 19 license, until: the decision of the Department that the 20 applicant has failed to pass the next available 21 examination authorized by the Department or has failed, 22 without an approved excuse, to take the next available 23 examination authorized by the Department or until the 24 withdrawal of the application, but not to exceed 3 25 months. An applicant practicing practical nursing under 26 this Section who passes the examination, however, may 27 continue to practice under this Section until such time 28 as he or she receives his or her license to practice or 29 until the Department notifies him or her that the license 30 has been denied. No applicant for licensure practicing 31 under the provisions of this paragraph shall practice 32 practical nursing except under the direct supervision of 33 a registered professional nurse licensed under this Act 34 or a licensed physician, dentist or podiatrist. In no HB2553 Enrolled -3- LRB093 06488 AMC 06613 b 1 instance shall any such applicant practice or be employed 2 in any supervisory capacity. 3 (h) The practice of practical nursing by one who is 4 a licensed practical nurse under the laws of another U.S. 5 jurisdiction and has applied in writing to the 6 Department, in form and substance satisfactory to the 7 Department, for a license as a licensed practical nurse 8 and who is qualified to receive such license under 9 Section 10-30, until (1) the expiration of 6 months after 10 the filing of such written application, (2) the 11 withdrawal of such application, or (3) the denial of such 12 application by the Department. 13 (i) The practice of professional nursing by one who 14 has applied in writing to the Department in form and 15 substance satisfactory to the Department for a license as 16 a registered professional nurse and has complied with all 17 the provisions under Section 10-30 except the passing of 18 an examination to be eligible to receive such license, 19 until the decision of the Department that the applicant 20 has failed to pass the next available examination 21 authorized by the Department or has failed, without an 22 approved excuse, to take the next available examination 23 authorized by the Department or until the withdrawal of 24 the application, but not to exceed 3 months. An applicant 25 practicing professional nursing under this Section who 26 passes the examination, however, may continue to practice 27 under this Section until such time as he or she receives 28 his or her license to practice or until the Department 29 notifies him or her that the license has been denied. No 30 applicant for licensure practicing under the provisions 31 of this paragraph shall practice professional nursing 32 except under the direct supervision of a registered 33 professional nurse licensed under this Act. In no 34 instance shall any such applicant practice or be employed HB2553 Enrolled -4- LRB093 06488 AMC 06613 b 1 in any supervisory capacity. 2 (j) The practice of professional nursing by one who 3 is a registered professional nurse under the laws of 4 another state, territory of the United States or country 5 and has applied in writing to the Department, in form and 6 substance satisfactory to the Department, for a license 7 as a registered professional nurse and who is qualified 8 to receive such license under Section 10-30, until (1) 9 the expiration of 6 months after the filing of such 10 written application, (2) the withdrawal of such 11 application, or (3) the denial of such application by the 12 Department. 13 (k) The practice of professional nursing that is 14 included in a program of study by one who is a registered 15 professional nurse under the laws of another state or 16 territory of the United States or foreign country, 17 territory or province and who is enrolled in a graduate 18 nursing education program or a program for the completion 19 of a baccalaureate nursing degree in this State, which 20 includes clinical supervision by faculty as determined by 21 the educational institution offering the program and the 22 health care organization where the practice of nursing 23 occurs. The educational institution will file with the 24 Department each academic term a list of the names and 25 origin of license of all professional nurses practicing 26 nursing as part of their programs under this provision. 27 (l) Any person licensed in this State under any 28 other Act from engaging in the practice for which she or 29 he is licensed. 30 (m) Delegation to authorized direct care staff 31 trained under Section 15.4 of the Mental Health and 32 Developmental Disabilities Administrative Act. 33 An applicant for license practicing under the exceptions 34 set forth in subparagraphs (g), (h), (i), and (j) of this HB2553 Enrolled -5- LRB093 06488 AMC 06613 b 1 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic. 2 Pend. respectively and no other. 3 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; 4 90-655, eff. 7-30-98; 90-742, eff. 8-13-98; 91-630, eff. 5 8-19-99.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.