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1 | AN ACT concerning the licensure of nurses.
| ||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | ARTICLE 5
| ||||||||||||||||||||||||||||||
5 | Section 5-1. Short title. This Article may be cited as the | ||||||||||||||||||||||||||||||
6 | Nurse Licensure
Compact Act. In this Article any reference to | ||||||||||||||||||||||||||||||
7 | this Act means this Article.
| ||||||||||||||||||||||||||||||
8 | Section 5-5. Nurse Licensure Compact. The State of | ||||||||||||||||||||||||||||||
9 | Illinois ratifies and
approves the Nurse Licensure Compact and | ||||||||||||||||||||||||||||||
10 | enters into it with all other
jurisdictions that
legally join | ||||||||||||||||||||||||||||||
11 | in the compact, which is, in form, substantially as follows:
| ||||||||||||||||||||||||||||||
12 | ARTICLE I. Findings and Declaration of Purpose
| ||||||||||||||||||||||||||||||
13 | (a) The party states find that:
| ||||||||||||||||||||||||||||||
14 | (1) the health and safety of the public are affected by | ||||||||||||||||||||||||||||||
15 | the degree of
compliance with and the effectiveness of | ||||||||||||||||||||||||||||||
16 | enforcement activities related to
state
nurse licensure | ||||||||||||||||||||||||||||||
17 | laws;
| ||||||||||||||||||||||||||||||
18 | (2) violations of nurse licensure and other laws | ||||||||||||||||||||||||||||||
19 | regulating the practice
of
nursing may result in injury or | ||||||||||||||||||||||||||||||
20 | harm to the public;
| ||||||||||||||||||||||||||||||
21 | (3) the expanded mobility of nurses and the use of | ||||||||||||||||||||||||||||||
22 | advanced
communication technologies as part of our | ||||||||||||||||||||||||||||||
23 | nation's healthcare delivery system
require greater | ||||||||||||||||||||||||||||||
24 | coordination and cooperation among states in the areas of | ||||||||||||||||||||||||||||||
25 | nurse
licensure and regulation;
| ||||||||||||||||||||||||||||||
26 | (4) new practice modalities and technology make | ||||||||||||||||||||||||||||||
27 | compliance with
individual state nurse licensure laws | ||||||||||||||||||||||||||||||
28 | difficult and complex;
| ||||||||||||||||||||||||||||||
29 | (5) the current system of duplicative licensure for |
| |||||||
| |||||||
1 | nurses practicing in
multiple states is cumbersome and | ||||||
2 | redundant to both nurses and states.
| ||||||
3 | (b) The general purposes of this Compact are to:
| ||||||
4 | (1) facilitate the states' responsibility to protect | ||||||
5 | the public's health
and
safety;
| ||||||
6 | (2) ensure and encourage the cooperation of party | ||||||
7 | states in the areas of
nurse licensure and regulation;
| ||||||
8 | (3) facilitate the exchange of information between | ||||||
9 | party states in the
areas
of nurse regulation, | ||||||
10 | investigation and adverse actions;
| ||||||
11 | (4) promote compliance with the laws governing the | ||||||
12 | practice of nursing in
each jurisdiction;
| ||||||
13 | (5) invest all party states with the authority to hold | ||||||
14 | a nurse accountable
for
meeting all state practice laws in | ||||||
15 | the state in which the patient is located at
the
time care | ||||||
16 | is rendered through the mutual recognition of party state | ||||||
17 | licenses.
| ||||||
18 | ARTICLE II. Definitions
| ||||||
19 | As used in this Compact:
| ||||||
20 | (a) "Adverse Action" means a home or remote state action.
| ||||||
21 | (b) "Alternative program" means a voluntary, | ||||||
22 | non-disciplinary monitoring
program approved by a nurse | ||||||
23 | licensing board.
| ||||||
24 | (c) "Coordinated licensure information system" means an | ||||||
25 | integrated
process for collecting, storing, and sharing | ||||||
26 | information on nurse licensure and
enforcement activities | ||||||
27 | related to nurse licensure laws, which is administered
by a
| ||||||
28 | non-profit organization composed of and controlled by state | ||||||
29 | nurse licensing
boards.
| ||||||
30 | (d) "Current significant investigative information" means:
| ||||||
31 | (1) investigative information that a licensing board, | ||||||
32 | after a
preliminary inquiry that includes notification and | ||||||
33 | an opportunity for the
nurse to respond if required by | ||||||
34 | state law, has reason to believe is not
groundless and, if |
| |||||||
| |||||||
1 | proved true, would indicate more than a minor
infraction; | ||||||
2 | or
| ||||||
3 | (2) investigative information that indicates that the | ||||||
4 | nurse represents
an immediate threat to public health and | ||||||
5 | safety regardless of whether the
nurse has been notified | ||||||
6 | and had an opportunity to respond.
| ||||||
7 | (e) "Home state" means the party state which is the nurse's | ||||||
8 | primary state
of residence.
| ||||||
9 | (f) "Home state action" means any administrative, civil, | ||||||
10 | equitable or
criminal action permitted by the home state's laws | ||||||
11 | which are imposed on a nurse
by the home state's licensing | ||||||
12 | board or other authority including actions against
an | ||||||
13 | individual's license such as: revocation, suspension, | ||||||
14 | probation or any other
action which affects a nurse's | ||||||
15 | authorization to practice.
| ||||||
16 | (g) "Licensing board" means a party state's regulatory body | ||||||
17 | responsible
for issuing nurse licenses.
| ||||||
18 | (h) "Multistate licensure privilege" means current, | ||||||
19 | official authority from a
remote state permitting the practice | ||||||
20 | of nursing as either a registered nurse or a
licensed | ||||||
21 | practical/vocational nurse in such party state. All party | ||||||
22 | states have the
authority, in accordance with existing state | ||||||
23 | due process law, to take actions
against the nurse's privilege | ||||||
24 | such as: revocation, suspension, probation or any
other action | ||||||
25 | which affects a nurse's authorization to practice.
| ||||||
26 | (i) "Nurse" means a registered nurse or licensed | ||||||
27 | practical/vocational
nurse, as those terms are defined by each | ||||||
28 | party's state practice laws.
| ||||||
29 | (j) "Party state" means any state that has adopted this | ||||||
30 | Compact.
| ||||||
31 | (k) "Remote state" means a party state, other than the home | ||||||
32 | state,
| ||||||
33 | (1) where the patient is located at the time nursing | ||||||
34 | care is provided,
or,
| ||||||
35 | (2) in the case of the practice of nursing not | ||||||
36 | involving a patient, in
such party state where the |
| |||||||
| |||||||
1 | recipient of nursing practice is located.
| ||||||
2 | (l) "Remote state action" means:
| ||||||
3 | (1) any administrative, civil, equitable or criminal | ||||||
4 | action permitted
by a remote state's laws which are imposed | ||||||
5 | on a nurse by the remote
state's licensing board or other | ||||||
6 | authority including actions against an
individual's | ||||||
7 | multistate licensure privilege to practice in the remote | ||||||
8 | state,
and
| ||||||
9 | (2) cease and desist and other injunctive or equitable | ||||||
10 | orders issued
by remote states or the licensing boards | ||||||
11 | thereof.
| ||||||
12 | (m) "State" means a state, territory, or possession of the | ||||||
13 | United States,
the District of Columbia or the Commonwealth of | ||||||
14 | Puerto Rico.
| ||||||
15 | (n) "State practice laws" means those individual party's | ||||||
16 | state laws and
regulations that govern the practice of nursing, | ||||||
17 | define the scope of nursing
practice, and create the methods | ||||||
18 | and grounds for imposing discipline. "State
practice laws" does | ||||||
19 | not include the initial qualifications for licensure or
| ||||||
20 | requirements necessary to obtain and retain a license, except | ||||||
21 | for
qualifications or
requirements of the home state.
| ||||||
22 | ARTICLE III. General Provisions and Jurisdiction
| ||||||
23 | (a) A license to practice registered nursing issued by a | ||||||
24 | home state to a
resident in
that state will be recognized by | ||||||
25 | each party state as authorizing a multistate
licensure
| ||||||
26 | privilege to practice as a registered nurse in such party | ||||||
27 | state. A license to
practice
licensed practical/vocational | ||||||
28 | nursing issued by a home state to a resident in
that state will
| ||||||
29 | be recognized by each party state as authorizing a multistate | ||||||
30 | licensure
privilege to
practice as a licensed | ||||||
31 | practical/vocational nurse in such party state. In order
to | ||||||
32 | obtain or
retain a license, an applicant must meet the home | ||||||
33 | state's qualifications for
licensure and
license renewal as | ||||||
34 | well as all other applicable state laws.
|
| |||||||
| |||||||
1 | (b) Party states may, in accordance with state due process | ||||||
2 | laws, limit or revoke
the multistate licensure privilege of any | ||||||
3 | nurse to practice in their state and may take any
other actions | ||||||
4 | under their applicable state laws necessary to protect the | ||||||
5 | health and safety
of their citizens. If a party state takes | ||||||
6 | such action, it shall promptly notify the
administrator of the | ||||||
7 | coordinated licensure information system. The administrator of | ||||||
8 | the
coordinated licensure information system shall promptly | ||||||
9 | notify the home state of any
such actions by remote states.
| ||||||
10 | (c) Every nurse practicing in a party state must comply | ||||||
11 | with the state practice
laws of the state in which the patient | ||||||
12 | is located at the time care is rendered. In addition,
the | ||||||
13 | practice of nursing is not limited to patient care, but shall | ||||||
14 | include all nursing practice
as defined by the state practice | ||||||
15 | laws of a party state. The practice of nursing will subject a
| ||||||
16 | nurse to the jurisdiction of the nurse licensing board and the | ||||||
17 | courts, as well as the laws, in
that party state.
| ||||||
18 | (d) This Compact does not affect additional requirements | ||||||
19 | imposed by states for
advanced practice registered nursing. | ||||||
20 | However, a multistate licensure privilege to
practice | ||||||
21 | registered nursing granted by a party state shall be recognized | ||||||
22 | by other party
states as a license to practice registered | ||||||
23 | nursing if one is required by state law as a
precondition for | ||||||
24 | qualifying for advanced practice registered nurse | ||||||
25 | authorization.
| ||||||
26 | (e) Individuals not residing in a party state shall | ||||||
27 | continue to be able to
apply for
nurse licensure as provided | ||||||
28 | for under the laws of each party state. However,
the license
| ||||||
29 | granted to these individuals will not be recognized as granting | ||||||
30 | the privilege
to practice
nursing in any other party state | ||||||
31 | unless explicitly agreed to by that party
state.
| ||||||
32 | ARTICLE IV. Applications for Licensure in a Party State
| ||||||
33 | (a) Upon application for a license, the licensing board in | ||||||
34 | a party state
shall
ascertain, through the coordinated |
| |||||||
| |||||||
1 | licensure information system, whether the
applicant
has ever | ||||||
2 | held, or is the holder of, a license issued by any other state,
| ||||||
3 | whether there are
any restrictions on the multistate licensure | ||||||
4 | privilege, and whether any other
adverse
action by any state | ||||||
5 | has been taken against the license.
| ||||||
6 | (b) A nurse in a party state shall hold licensure in only | ||||||
7 | one party state at a time,
issued by the home state.
| ||||||
8 | (c) A nurse who intends to change primary state of | ||||||
9 | residence may apply for
licensure in the new home state in | ||||||
10 | advance of such change. However, new licenses will
not be | ||||||
11 | issued by a party state until after a nurse provides evidence | ||||||
12 | of change in primary
state of residence satisfactory to the new | ||||||
13 | home state's licensing board.
| ||||||
14 | (d) When a nurse changes primary state of residence by:
| ||||||
15 | (1) moving between two party states, and obtains a | ||||||
16 | license from the new
home state, the license from the | ||||||
17 | former home state is no longer valid;
| ||||||
18 | (2) moving from a non-party state to a party state, and | ||||||
19 | obtains a license
from the new home state, the individual | ||||||
20 | state license issued by the non-party
state
is not affected | ||||||
21 | and will remain in full force if so provided by the laws of | ||||||
22 | the
non-party state;
| ||||||
23 | (3) moving from a party state to a non-party state, the | ||||||
24 | license issued by
the
prior home state converts to an | ||||||
25 | individual state license, valid only in the
former
home | ||||||
26 | state, without the multistate licensure privilege to | ||||||
27 | practice in other
party
states.
| ||||||
28 | ARTICLE V. Adverse Actions
| ||||||
29 | In addition to the General Provisions described in Article | ||||||
30 | III, the following
provisions apply:
| ||||||
31 | (a) The licensing board of a remote state shall promptly | ||||||
32 | report to the
administrator of the coordinated licensure | ||||||
33 | information system any remote state
actions including the | ||||||
34 | factual and legal basis for such action, if known. The
|
| |||||||
| |||||||
1 | licensing board of a remote state shall also promptly report | ||||||
2 | any significant current
investigative information yet to | ||||||
3 | result in a remote state action. The administrator
of the | ||||||
4 | coordinated licensure information system shall promptly notify | ||||||
5 | the home
state of any such reports.
| ||||||
6 | (b) The licensing board of a party state shall have the | ||||||
7 | authority to
complete any pending investigations for a nurse | ||||||
8 | who changes primary state of
residence during the course of | ||||||
9 | such investigations. It shall also have the authority
to take | ||||||
10 | appropriate action(s), and shall promptly report the | ||||||
11 | conclusions of such
investigations to the administrator of the | ||||||
12 | coordinated licensure information
system. The administrator of | ||||||
13 | the coordinated licensure information system shall
promptly | ||||||
14 | notify the new home state of any such actions.
| ||||||
15 | (c) A remote state may take adverse action affecting the | ||||||
16 | multistate
licensure privilege to practice within that party | ||||||
17 | state. However, only the home
state shall have the power to | ||||||
18 | impose adverse action against the license issued
by the home | ||||||
19 | state.
| ||||||
20 | (d) For purposes of imposing adverse action, the licensing | ||||||
21 | board of the
home state shall give the same priority and effect | ||||||
22 | to reported conduct received
from a remote state as it would if | ||||||
23 | such conduct had occurred within the home
state. In so doing, | ||||||
24 | it shall apply its own state laws to determine appropriate
| ||||||
25 | action.
| ||||||
26 | (e) The home state may take adverse action based on the | ||||||
27 | factual findings
of the remote state, so long as each state | ||||||
28 | follows its own procedures for
imposing such adverse action.
| ||||||
29 | (f) Nothing in this Compact shall override a party state's | ||||||
30 | decision that
participation in an alternative program may be | ||||||
31 | used in lieu of licensure action
and
that such participation | ||||||
32 | shall remain non-public if required by the party
state's
laws. | ||||||
33 | Party states must require nurses who enter any alternative | ||||||
34 | programs to
agree not to practice in any other party state | ||||||
35 | during the term of the
alternative
program without prior | ||||||
36 | authorization from such other party state.
|
| |||||||
| |||||||
1 | ARTICLE VI. Additional Authorities Invested
| ||||||
2 | in Party State Nurse Licensing Boards | ||||||
3 | Notwithstanding any other powers, party state nurse | ||||||
4 | licensing boards shall
have
the authority to:
| ||||||
5 | (a) if otherwise permitted by state law, recover from the | ||||||
6 | affected nurse the
costs of investigations and disposition of | ||||||
7 | cases resulting from any adverse
action
taken against that | ||||||
8 | nurse;
| ||||||
9 | (b) issue subpoenas for both hearings and investigations | ||||||
10 | which require the
attendance and testimony of witnesses, and | ||||||
11 | the production of evidence.
Subpoenas issued by a nurse | ||||||
12 | licensing board in a party state for the attendance
and | ||||||
13 | testimony of witnesses, and/or the production of evidence from | ||||||
14 | another
party
state, shall be enforced in the latter state by | ||||||
15 | any court of competent
jurisdiction,
according to the practice | ||||||
16 | and procedure of that court applicable to subpoenas
issued in | ||||||
17 | proceedings pending before it. The issuing authority shall pay | ||||||
18 | any
witness fees, travel expenses, mileage and other fees | ||||||
19 | required by the service
statutes of the state where the | ||||||
20 | witnesses and/or evidence are located;
| ||||||
21 | (c) issue cease and desist orders to limit or revoke a | ||||||
22 | nurse's authority to
practice in their state;
| ||||||
23 | (d) promulgate uniform rules and regulations as provided | ||||||
24 | for in Article
VIII(c).
| ||||||
25 | ARTICLE VII. Coordinated Licensure Information System
| ||||||
26 | (a) All party states shall participate in a cooperative | ||||||
27 | effort to create a
coordinated
data base of all licensed | ||||||
28 | registered nurses and licensed practical/vocational
nurses. | ||||||
29 | This
system will include information on the licensure and | ||||||
30 | disciplinary history of
each nurse, as
contributed by party | ||||||
31 | states, to assist in the coordination of nurse licensure
and
| ||||||
32 | enforcement efforts.
|
| |||||||
| |||||||
1 | (b) Notwithstanding any other provision of law, all party | ||||||
2 | states' licensing
boards
shall promptly report adverse | ||||||
3 | actions, actions against multistate licensure
privileges, any
| ||||||
4 | current significant investigative information yet to result in | ||||||
5 | adverse action,
denials of
applications, and the reasons for | ||||||
6 | such denials, to the coordinated licensure
information
system.
| ||||||
7 | (c) Current significant investigative information shall be | ||||||
8 | transmitted through the
coordinated licensure information | ||||||
9 | system only to party state licensing boards.
| ||||||
10 | (d) Notwithstanding any other provision of law, all party | ||||||
11 | states' licensing boards
contributing information to the | ||||||
12 | coordinated licensure information system may designate
| ||||||
13 | information that may not be shared with non-party states or | ||||||
14 | disclosed to other entities or
individuals without the express | ||||||
15 | permission of the contributing state.
| ||||||
16 | (e) Any personally identifiable information obtained by a | ||||||
17 | party states'
licensing
board from the coordinated licensure | ||||||
18 | information system may not be shared with
non-party states or | ||||||
19 | disclosed to other entities or individuals except to the
extent | ||||||
20 | permitted by
the laws of the party state contributing the | ||||||
21 | information.
| ||||||
22 | (f) Any information contributed to the coordinated | ||||||
23 | licensure information
system
that is subsequently required to | ||||||
24 | be expunged by the laws of the party state
contributing
that | ||||||
25 | information, shall also be expunged from the coordinated | ||||||
26 | licensure
information
system.
| ||||||
27 | (g) The Compact administrators, acting jointly with each | ||||||
28 | other and in
consultation
with the administrator of the | ||||||
29 | coordinated licensure information system, shall
formulate
| ||||||
30 | necessary and proper procedures for the identification, | ||||||
31 | collection and exchange
of
information under this Compact.
| ||||||
32 | ARTICLE VIII. Compact Administration and
| ||||||
33 | Interchange of Information | ||||||
34 | (a) The head of the nurse licensing board, or his/her |
| |||||||
| |||||||
1 | designee, of each
party state
shall be the administrator of | ||||||
2 | this Compact for his/her state.
| ||||||
3 | (b) The Compact administrator of each party state shall | ||||||
4 | furnish to the
Compact
administrator of each other party state | ||||||
5 | any information and documents
including, but not
limited to, a | ||||||
6 | uniform data set of investigations, identifying information,
| ||||||
7 | licensure data,
and disclosable alternative program | ||||||
8 | participation information to facilitate the
administration of | ||||||
9 | this Compact.
| ||||||
10 | (c) Compact administrators shall have the authority to | ||||||
11 | develop uniform rules
to
facilitate and coordinate | ||||||
12 | implementation of this Compact. These uniform rules
shall be
| ||||||
13 | adopted by party states, under the authority invested under | ||||||
14 | Article VI(d).
| ||||||
15 | ARTICLE IX. Immunity
| ||||||
16 | No party state or the officers or employees or agents of a | ||||||
17 | party state's
nurse
licensing board who acts in accordance with | ||||||
18 | the provisions of this Compact
shall be
liable on account of | ||||||
19 | any act or omission in good faith while engaged in the
| ||||||
20 | performance
of their duties under this Compact. Good faith in | ||||||
21 | this article shall not
include willful
misconduct, gross | ||||||
22 | negligence, or recklessness.
| ||||||
23 | ARTICLE X. Entry into Force, Withdrawal and Amendment
| ||||||
24 | (a) This Compact shall enter into force and become | ||||||
25 | effective as to any state
when
it has been enacted into the | ||||||
26 | laws of that state. Any party state may withdraw
from this
| ||||||
27 | Compact by enacting a statute repealing the same, but no such | ||||||
28 | withdrawal shall
take
effect until six months after the | ||||||
29 | withdrawing state has given notice of the
withdrawal to
the | ||||||
30 | executive heads of all other party states.
| ||||||
31 | (b) No withdrawal shall affect the validity or | ||||||
32 | applicability by the
licensing boards
of states remaining party |
| |||||||
| |||||||
1 | to the Compact of any report of adverse action
occurring prior
| ||||||
2 | to the withdrawal.
| ||||||
3 | (c) Nothing contained in this Compact shall be construed to | ||||||
4 | invalidate or
prevent
any nurse licensure agreement or other | ||||||
5 | cooperative arrangement between a party
state
and a non-party | ||||||
6 | state that is made in accordance with the other provisions of
| ||||||
7 | this
Compact.
| ||||||
8 | (d) This Compact may be amended by the party states. No | ||||||
9 | amendment to this
Compact shall become effective and binding | ||||||
10 | upon the party states unless and
until it is
enacted into the | ||||||
11 | laws of all party states.
| ||||||
12 | ARTICLE XI. Construction and Severability
| ||||||
13 | (a) This Compact shall be liberally construed so as to | ||||||
14 | effectuate the
purposes
thereof. The provisions of this Compact | ||||||
15 | shall be severable and if any phrase,
clause,
sentence or | ||||||
16 | provision of this Compact is declared to be contrary to the | ||||||
17 | constitution of any
party state or of the United States or the | ||||||
18 | applicability thereof to any government, agency,
person or | ||||||
19 | circumstance is held invalid, the validity of the remainder of | ||||||
20 | this Compact and
the applicability thereof to any government, | ||||||
21 | agency, person or circumstance shall not be
affected thereby. | ||||||
22 | If this Compact shall be held contrary to the constitution of | ||||||
23 | any state
party thereto, the Compact shall remain in full force | ||||||
24 | and effect as to the remaining party
states and in full force | ||||||
25 | and effect as to the party state affected as to all severable | ||||||
26 | matters.
| ||||||
27 | (b) In the event party states find a need for settling | ||||||
28 | disputes arising
under this
Compact:
| ||||||
29 | (1) The party states may submit the issues in dispute | ||||||
30 | to an arbitration
panel which will be comprised of an | ||||||
31 | individual appointed by the Compact
administrator in the | ||||||
32 | home state; an individual appointed by the Compact
| ||||||
33 | administrator in the remote state(s) involved; and an | ||||||
34 | individual mutually
agreed
upon by the Compact |
| |||||||
| |||||||
1 | administrators of all the party states involved in the
| ||||||
2 | dispute.
| ||||||
3 | (2) The decision of a majority of the arbitrators shall | ||||||
4 | be final and
binding.
| ||||||
5 | Section 5-10. Compact administrator. The head of the nurse | ||||||
6 | licensing board
as
used
to define the compact administrator in | ||||||
7 | Article VIII(a) of the Compact shall
mean the
Nursing Act | ||||||
8 | Coordinator as defined under Section 10-15 of the Nursing and
| ||||||
9 | Advanced
Practice Nursing Act.
| ||||||
10 | Section 5-15. Compact Evaluation Initiative. Upon the | ||||||
11 | effective date of this
Compact, the licensing board shall | ||||||
12 | participate in a Compact Evaluation
Initiative
designed to | ||||||
13 | evaluate the effectiveness and operability of the Compact. Such
| ||||||
14 | Compact
Evaluation Initiative shall be conducted by an outside | ||||||
15 | researcher. A component
of the
Evaluation shall include a | ||||||
16 | remote state identification system through which
nurses shall
| ||||||
17 | designate those remote states in which the nurse is practicing. | ||||||
18 | A nurse's
practice
information in such identification system | ||||||
19 | shall be updated upon issuance and
renewal of
the nurse | ||||||
20 | license. The Evaluation shall continue until the year 2005, | ||||||
21 | after
which time a
report shall be produced for comment by the | ||||||
22 | participating licensing boards and
shall be
submitted to the | ||||||
23 | General Assembly in the form of a Nurse Licensure Compact
| ||||||
24 | evaluation
report.
| ||||||
25 | Section 5-20. Costs of investigation and disposition of | ||||||
26 | cases. To facilitate
cross-state enforcement efforts, the | ||||||
27 | General Assembly finds that it is
necessary for Illinois to
| ||||||
28 | have the power to recover from the affected nurse the costs of | ||||||
29 | investigations
and
disposition of cases resulting from adverse | ||||||
30 | actions taken by this State against
that nurse.
| ||||||
31 | Section 5-25. Statutory obligations. This Compact is | ||||||
32 | designed to facilitate
the
regulation of nurses and does not |
| |||||||
| |||||||
1 | relieve employers from complying with
statutorily
imposed | ||||||
2 | obligations.
| ||||||
3 | Section 5-30. State labor laws. This Compact does not | ||||||
4 | supersede existing
State
labor laws.
| ||||||
5 | ARTICLE 10
| ||||||
6 | Section 10-1. Short title. This Article may be cited as | ||||||
7 | the Advanced
Practice
Registered Nurse Compact Act. In this | ||||||
8 | Article, any reference to this Act means
this Article.
| ||||||
9 | Section 10-5. Ratification and approval of compact. The | ||||||
10 | advanced practice
registered nurse compact is hereby enacted | ||||||
11 | into law and entered into on behalf
of this State with any | ||||||
12 | state that legally joins therein in substantially the
following | ||||||
13 | form:
| ||||||
14 | ARTICLE I | ||||||
15 | Findings and Declaration of Purpose
| ||||||
16 | (a) The party states find that:
| ||||||
17 | (1) The health and safety of the public are affected by | ||||||
18 | the degree of
compliance with APRN licensure/authority to | ||||||
19 | practice requirements and the
effectiveness of enforcement | ||||||
20 | activities related to state APRN
licensure/authority to | ||||||
21 | practice laws;
| ||||||
22 | (2) Violations of APRN licensure/authority to practice | ||||||
23 | and other laws
regulating
the practice of
nursing may | ||||||
24 | result in injury or harm to the public;
| ||||||
25 | (3) The expanded mobility of APRNs and the use of | ||||||
26 | advanced communication
technologies
as part of our | ||||||
27 | nation's health care delivery system require greater
| ||||||
28 | coordination and
cooperation among states in the areas of | ||||||
29 | APRN licensure/authority to practice
and
regulation;
| ||||||
30 | (4) New practice modalities and technology make |
| |||||||
| |||||||
1 | compliance with individual
state APRN
licensure/authority | ||||||
2 | to practice laws difficult and complex;
| ||||||
3 | (5) The current system of duplicative APRN | ||||||
4 | licensure/authority to practice
for APRNs
practicing in | ||||||
5 | multiple states is cumbersome and redundant to both APRNs | ||||||
6 | and
states;
| ||||||
7 | (6) Uniformity of APRN requirements throughout the | ||||||
8 | states promotes public
safety and public
health benefits; | ||||||
9 | and
| ||||||
10 | (7) Access to APRN services increases the public's | ||||||
11 | access to health care,
particularly in rural
and | ||||||
12 | underserved areas.
| ||||||
13 | (b) The general purposes of this Compact are to:
| ||||||
14 | (1) Facilitate the states' responsibilities to protect | ||||||
15 | the public's health
and safety;
| ||||||
16 | (2) Ensure and encourage the cooperation of party | ||||||
17 | states in the areas of
APRN
licensure/authority to practice | ||||||
18 | and regulation including promotion of uniform
licensure
| ||||||
19 | requirements;
| ||||||
20 | (3) Facilitate the exchange of information between | ||||||
21 | party states in the
areas of APRN regulation, investigation | ||||||
22 | and adverse actions;
| ||||||
23 | (4) Promote compliance with the laws governing APRN | ||||||
24 | practice in each
jurisdiction; and
| ||||||
25 | (5) Invest all party states with the authority to hold | ||||||
26 | an APRN accountable
for
meeting all state
practice laws in | ||||||
27 | the state in which the patient is located at the time care | ||||||
28 | is
rendered
through the mutual recognition of party state | ||||||
29 | licenses.
| ||||||
30 | ARTICLE II | ||||||
31 | Definitions
| ||||||
32 | As used in this Compact:
| ||||||
33 | (a) "Advanced Practice Registered Nurse" or "APRN" means a | ||||||
34 | Nurse
Anesthetist;
Nurse
Practitioner; Nurse Midwife; or |
| |||||||
| |||||||
1 | Clinical Nurse Specialist to the extent a party
state
licenses | ||||||
2 | or grants authority to practice in that APRN role and title.
| ||||||
3 | (b) "Adverse Action" means a home or remote state | ||||||
4 | disciplinary action.
| ||||||
5 | (c) "Alternative program" means a voluntary, | ||||||
6 | non-disciplinary monitoring
program
approved
by a licensing | ||||||
7 | board.
| ||||||
8 | (d) "APRN Licensure/Authority to Practice" means the | ||||||
9 | regulatory mechanism
used by
a party
state to grant legal | ||||||
10 | authority to practice as an APRN.
| ||||||
11 | (e) "APRN Uniform Licensure/Authority to Practice | ||||||
12 | Requirements" means those
agreed upon
minimum uniform | ||||||
13 | licensure, education and examination requirements adopted by
| ||||||
14 | licensing boards for the recognized APRN role and title.
| ||||||
15 | (f) "Coordinated licensure information system" means an | ||||||
16 | integrated process
for
collecting,
storing and sharing | ||||||
17 | information on APRN licensure/authority to practice and
| ||||||
18 | enforcement
activities related to APRN licensure/authority to | ||||||
19 | practice laws, which is
administered by a
non-profit | ||||||
20 | organization composed of and controlled by state licensing | ||||||
21 | boards.
| ||||||
22 | (g) "Current significant investigative information" means:
| ||||||
23 | (1) Investigative information that a licensing board, | ||||||
24 | after a preliminary
inquiry that
includes notification and | ||||||
25 | an opportunity for the APRN to respond if required by
state
| ||||||
26 | law, has reason to believe is not groundless and, if proved | ||||||
27 | true, would
indicate more
than a minor infraction; or
| ||||||
28 | (2) Investigative information that indicates that the | ||||||
29 | APRN represents an
immediate threat
to public health and | ||||||
30 | safety regardless of whether the APRN has been notified
and | ||||||
31 | had
an opportunity to respond.
| ||||||
32 | (h) "Home state" means the party state that is the APRN's | ||||||
33 | primary state of
residence.
| ||||||
34 | (i) "Home state action" means any administrative, civil, | ||||||
35 | equitable or
criminal
action permitted
by the home state's laws | ||||||
36 | which are imposed on an APRN by the home state's
licensing
|
| |||||||
| |||||||
1 | board or other authority including actions against an | ||||||
2 | individual's
license/authority to
practice such as: | ||||||
3 | revocation, suspension, probation or any other action which
| ||||||
4 | affects an
APRN's authorization to practice.
| ||||||
5 | (j) "Licensing board" means a party state's regulatory body | ||||||
6 | responsible for
issuing APRN
licensure/authority to practice.
| ||||||
7 | (k) "Multistate advanced practice privilege" means current | ||||||
8 | authority from a
remote state
permitting an APRN to practice in | ||||||
9 | that state in the same role and title as the
APRN is
| ||||||
10 | licensed/authorized to practice in the home state to the extent | ||||||
11 | that the remote
state laws
recognize such APRN role and title. | ||||||
12 | A remote state has the authority, in
accordance with
existing | ||||||
13 | state due process laws, to take actions against the APRN's | ||||||
14 | privilege,
including
revocation, suspension, probation, or any | ||||||
15 | other action that affects an APRN's
multistate
privilege to | ||||||
16 | practice.
| ||||||
17 | (l) "Party state" means any state that has adopted this | ||||||
18 | Compact.
| ||||||
19 | (m) "Prescriptive authority" means the legal authority to | ||||||
20 | prescribe
medications
and devices as
defined by party state | ||||||
21 | laws.
| ||||||
22 | (n) "Remote state" means a party state, other than the home | ||||||
23 | state,
| ||||||
24 | (1) Where the patient is located at the time APRN care | ||||||
25 | is provided, or
| ||||||
26 | (2) In the case of APRN practice not involving a | ||||||
27 | patient, in such party
state where the recipient of APRN | ||||||
28 | practice is located.
| ||||||
29 | (o) "Remote state action" means:
| ||||||
30 | (1) Any administrative, civil, equitable or criminal | ||||||
31 | action permitted by a
remote state's laws which are imposed | ||||||
32 | on an APRN by the remote state's
licensing board or other | ||||||
33 | authority including actions against an individual's
| ||||||
34 | multistate advanced practice privilege in the remote | ||||||
35 | state, and
| ||||||
36 | (2) Cease and desist and other injunctive or equitable |
| |||||||
| |||||||
1 | orders issued by
remote states or the licensing boards | ||||||
2 | thereof.
| ||||||
3 | (p) "State" means a state, territory, or possession of the | ||||||
4 | United States.
| ||||||
5 | (q) "State practice laws" means a party state's laws and | ||||||
6 | regulations that
govern
APRN
practice, define the scope of | ||||||
7 | advanced nursing practice including prescriptive
authority,
| ||||||
8 | and create the methods and grounds for imposing discipline. | ||||||
9 | State practice laws
do not
include the requirements necessary | ||||||
10 | to obtain and retain APRN
licensure/authority to practice as an | ||||||
11 | APRN, except for qualifications or
requirements of the home | ||||||
12 | state.
| ||||||
13 | (r) "Unencumbered" means that a state has no current | ||||||
14 | disciplinary action
against an APRN's license/authority to | ||||||
15 | practice.
| ||||||
16 | ARTICLE III | ||||||
17 | General Provisions and Jurisdiction
| ||||||
18 | (a) All party states shall participate in the Nurse | ||||||
19 | Licensure Compact for
registered nurses and licensed | ||||||
20 | practical/vocational nurses in order to enter
into the APRN | ||||||
21 | Compact.
| ||||||
22 | (b) No state shall enter the APRN Compact until the state | ||||||
23 | adopts, at a
minimum, the APRN Uniform Licensure/Authority to | ||||||
24 | Practice Requirements for each
APRN role and title recognized | ||||||
25 | by the state seeking to enter the APRN Compact.
| ||||||
26 | (c) APRN Licensure/Authority to practice issued by a home | ||||||
27 | state to a
resident in that state will be recognized by each | ||||||
28 | party state as authorizing a
multistate advanced practice | ||||||
29 | privilege to the extent that the role and title
are recognized | ||||||
30 | by each party state. To obtain or retain APRN
| ||||||
31 | licensure/authority to practice as an APRN, an applicant must | ||||||
32 | meet the home
state's qualifications for authority or renewal | ||||||
33 | of authority as well as all
other applicable state laws.
| ||||||
34 | (d) The APRN multistate advanced practice privilege does |
| |||||||
| |||||||
1 | not include
prescriptive authority, and does not affect any | ||||||
2 | requirements imposed by states
to grant to an APRN initial and | ||||||
3 | continuing prescriptive authority according to
state practice | ||||||
4 | laws. However, a party state may grant prescriptive authority | ||||||
5 | to
an individual on the basis of a multistate advanced
practice | ||||||
6 | privilege to the extent permitted by state practice laws.
| ||||||
7 | (e) A party state may, in accordance with state due process | ||||||
8 | laws, limit or
revoke the multistate advanced practice | ||||||
9 | privilege in the party state and may
take any other necessary | ||||||
10 | actions under the party state's applicable laws to
protect the | ||||||
11 | health and safety of the party state's citizens. If a party | ||||||
12 | state
takes action, the party state shall promptly notify the | ||||||
13 | administrator of the
coordinated licensure information system. | ||||||
14 | The administrator of the coordinated
licensure information | ||||||
15 | system shall promptly notify the home state of any such
actions | ||||||
16 | by remote states.
| ||||||
17 | (f) An APRN practicing in a party state must comply with | ||||||
18 | the state practice
laws of the state in which the patient is | ||||||
19 | located at the time care is provided.
The APRN practice | ||||||
20 | includes patient care and all advanced nursing practice
defined | ||||||
21 | by the party state's practice laws. The APRN practice will | ||||||
22 | subject an
APRN to the jurisdiction of the licensing board, the | ||||||
23 | courts, and the laws of
the party state.
| ||||||
24 | (g) Individuals not residing in a party state may apply for | ||||||
25 | APRN
licensure/authority to practice as an APRN under the laws | ||||||
26 | of a party state.
However, the authority to practice granted to | ||||||
27 | these individuals will not be
recognized as granting the | ||||||
28 | privilege to practice as an APRN in any other party
state | ||||||
29 | unless explicitly agreed to by that party state.
| ||||||
30 | ARTICLE IV | ||||||
31 | Applications for APRN Licensure/Authority
| ||||||
32 | to Practice in a Party State
| ||||||
33 | (a) Once an application for APRN licensure/authority to | ||||||
34 | practice is
submitted, a party state shall ascertain, through |
| |||||||
| |||||||
1 | the Coordinated Licensure
Information System, whether:
| ||||||
2 | (1) The applicant has held or is the holder of a | ||||||
3 | nursing license/authority
to practice
issued by another | ||||||
4 | state;
| ||||||
5 | (2) The applicant has had a history of previous | ||||||
6 | disciplinary action by any
state;
| ||||||
7 | (3) An encumbrance exists on any license/authority to | ||||||
8 | practice; and
| ||||||
9 | (4) Any other adverse action by any other state has | ||||||
10 | been taken against a
license/authority to practice.
| ||||||
11 | This information may be used in approving or denying an | ||||||
12 | application for APRN
licensure/authority to practice.
| ||||||
13 | (b) An APRN in a party state shall hold APRN | ||||||
14 | licensure/authority to practice
in only one party state at a | ||||||
15 | time, issued by the home state.
| ||||||
16 | (c) An APRN who intends to change primary state of | ||||||
17 | residence may apply for
APRN licensure/authority to practice in | ||||||
18 | the new home state in advance of such
change. However, new | ||||||
19 | licensure/authority to practice will not be issued by a
party | ||||||
20 | state until after an APRN provides evidence of change in | ||||||
21 | primary state of
residence satisfactory to the new home state's | ||||||
22 | licensing board.
| ||||||
23 | (d) When an APRN changes primary state of residence by:
| ||||||
24 | (1) Moving between two party states, and obtains APRN | ||||||
25 | licensure/authority
to practice from the new home state, | ||||||
26 | the APRN licensure/authority to practice
from the former | ||||||
27 | home state is no longer valid;
| ||||||
28 | (2) Moving from a non-party state to a party state, and | ||||||
29 | obtains APRN
licensure/authority to practice from the new | ||||||
30 | home state, the individual state
license issued by the | ||||||
31 | non-party state is not affected and will remain in full
| ||||||
32 | force if so provided by the laws of the non-party state;
| ||||||
33 | (3) Moving from a party state to a non-party state, the | ||||||
34 | APRN
licensure/authority to practice issued by the prior | ||||||
35 | home state converts to an
individual state license, valid | ||||||
36 | only in the former home state, without the
multistate |
| |||||||
| |||||||
1 | licensure privilege to practice in other party states.
| ||||||
2 | ARTICLE V | ||||||
3 | Adverse Actions
| ||||||
4 | In addition to the General Provisions described in Article | ||||||
5 | III, the following
provisions apply:
| ||||||
6 | (a) The licensing board of a remote state shall promptly | ||||||
7 | report to the
administrator of the coordinated licensure | ||||||
8 | information system any remote state
actions including the | ||||||
9 | factual and legal basis for such action, if known. The
| ||||||
10 | licensing board of a remote state shall also promptly report | ||||||
11 | any significant
current investigative information yet to | ||||||
12 | result in a remote state action. The
administrator of the | ||||||
13 | coordinated licensure information system shall
promptly notify | ||||||
14 | the home state of any such reports.
| ||||||
15 | (b) The licensing board of a party state shall have the | ||||||
16 | authority to
complete any pending investigations for an APRN | ||||||
17 | who changes primary state of
residence during the course of | ||||||
18 | such investigations. It shall also have the
authority to take | ||||||
19 | appropriate action(s), and shall promptly report the
| ||||||
20 | conclusions of such investigations to the administrator of the | ||||||
21 | coordinated
licensure information system. The administrator of | ||||||
22 | the coordinated licensure
information system shall promptly | ||||||
23 | notify the new home state of any such
actions.
| ||||||
24 | (c) A remote state may take adverse action affecting the | ||||||
25 | multistate advanced
practice privilege to practice within that | ||||||
26 | party state. However, only the home
state shall have the power | ||||||
27 | to impose adverse action against the APRN
licensure/authority | ||||||
28 | to practice issued by the home state.
| ||||||
29 | (d) For purposes of imposing adverse action, the licensing | ||||||
30 | board of the home
state shall give the same priority and effect | ||||||
31 | to reported conduct received from
a remote state as it would if | ||||||
32 | such conduct had occurred within the home state.
In so doing, | ||||||
33 | it shall apply its own state laws to determine appropriate | ||||||
34 | action.
|
| |||||||
| |||||||
1 | (e) The home state may take adverse action based on the | ||||||
2 | factual findings of
the remote state, so long as each state | ||||||
3 | follows its own procedures for imposing
such adverse action.
| ||||||
4 | (f) Nothing in this Compact shall override a party state's | ||||||
5 | decision that
participation in an alternative program may be | ||||||
6 | used in lieu of adverse action
and that such participation | ||||||
7 | shall remain non-public if required by the party
state's laws. | ||||||
8 | Party states must require APRNs who enter any alternative
| ||||||
9 | programs to agree not to practice in any other party state | ||||||
10 | during the term of
the alternative program without prior | ||||||
11 | authorization from such
other party state.
| ||||||
12 | (g) All home state licensing board disciplinary orders, | ||||||
13 | agreed or otherwise,
which limit the scope of the APRN's | ||||||
14 | practice or require monitoring of the APRN
as a condition of | ||||||
15 | the order shall include the requirements that the APRN will
| ||||||
16 | limit her or his practice to the home state during the pendency | ||||||
17 | of the order.
This requirement may allow the APRN to practice | ||||||
18 | in other party states with
prior written authorization from | ||||||
19 | both the home state and party state licensing
boards.
| ||||||
20 | ARTICLE VI | ||||||
21 | Additional Authorities Invested in Party State
| ||||||
22 | Licensing Boards
| ||||||
23 | Notwithstanding any other powers, party state licensing | ||||||
24 | boards shall have the
authority to:
| ||||||
25 | (a) If otherwise permitted by state law, recover from the | ||||||
26 | affected APRN the
costs of investigations and disposition of | ||||||
27 | cases resulting from any adverse
action taken against that | ||||||
28 | APRN;
| ||||||
29 | (b) Issue subpoenas for both hearings and investigations, | ||||||
30 | which require the
attendance and testimony of witnesses, and | ||||||
31 | the production of evidence.
Subpoenas issued by a licensing | ||||||
32 | board in a party state for the attendance and
testimony of | ||||||
33 | witnesses, and/or the production of evidence from another party
| ||||||
34 | state, shall be enforced in the latter state by any court of |
| |||||||
| |||||||
1 | competent
jurisdiction, according to the practice and | ||||||
2 | procedure of that court applicable
to subpoenas issued in | ||||||
3 | proceedings pending before it. The issuing authority
shall pay | ||||||
4 | any witness fees, travel expenses, mileage and other fees | ||||||
5 | required by
the service statutes of the state where the | ||||||
6 | witnesses and/or evidence are
located;
| ||||||
7 | (c) Issue cease and desist orders to limit or revoke an | ||||||
8 | APRN's privilege or
licensure/authority to practice in their | ||||||
9 | state; and
| ||||||
10 | (d) Promulgate uniform rules and regulations as provided | ||||||
11 | for in Article
VIII(c).
| ||||||
12 | ARTICLE VII | ||||||
13 | Coordinated Licensure Information System
| ||||||
14 | (a) All party states shall participate in a cooperative | ||||||
15 | effort to create a
coordinated database of all APRNs. This | ||||||
16 | system will include information on the
APRN | ||||||
17 | licensure/authority to practice and disciplinary history of | ||||||
18 | each APRN, as
contributed by party states, to assist in the | ||||||
19 | coordination of APRN
licensure/authority to practice and | ||||||
20 | enforcement efforts.
| ||||||
21 | (b) Notwithstanding any other provision of law, all party | ||||||
22 | states' licensing
boards shall promptly report adverse | ||||||
23 | actions, actions against multistate
advanced practice | ||||||
24 | privileges, any current significant investigative information
| ||||||
25 | yet to result in adverse action, denials of applications, and | ||||||
26 | the reasons for
such denials, to the coordinated licensure | ||||||
27 | information system.
| ||||||
28 | (c) Current significant investigative information shall be | ||||||
29 | transmitted
through the coordinated licensure information | ||||||
30 | system only to party state
licensing boards.
| ||||||
31 | (d) Notwithstanding any other provision of law, all party | ||||||
32 | states' licensing
boards contributing information to the | ||||||
33 | coordinated licensure information system
may designate | ||||||
34 | information that may not be shared with non-party states or
|
| |||||||
| |||||||
1 | disclosed to other entities or individuals without the express | ||||||
2 | permission of
the contributing state.
| ||||||
3 | (e) Any personally identifiable information obtained by a | ||||||
4 | party states'
licensing board from the coordinated licensure | ||||||
5 | information system may not be
shared with non-party states or | ||||||
6 | disclosed to other entities or individuals
except to the extent | ||||||
7 | permitted by the laws of the party state contributing the
| ||||||
8 | information.
| ||||||
9 | (f) Any information contributed to the coordinated | ||||||
10 | licensure information
system that is subsequently required to | ||||||
11 | be expunged by the laws of the party
state contributing that | ||||||
12 | information, shall also be expunged from the
coordinated | ||||||
13 | licensure information system.
| ||||||
14 | (g) The Compact administrators, acting jointly with each | ||||||
15 | other and in
consultation with the administrator of the | ||||||
16 | coordinated licensure information
system, shall formulate | ||||||
17 | necessary and proper procedures for the identification,
| ||||||
18 | collection and exchange of information under this Compact.
| ||||||
19 | ARTICLE VIII
| ||||||
20 | Compact Administration and Interchange of Information
| ||||||
21 | (a) The head of the licensing board, or his/her designee, | ||||||
22 | of each party
state shall be the administrator of this Compact | ||||||
23 | for his/her state.
| ||||||
24 | (b) The Compact administrator of each party state shall | ||||||
25 | furnish to the
Compact administrator of each other party state | ||||||
26 | any information and documents
including, but not limited to, a | ||||||
27 | uniform data set of investigations,
identifying information, | ||||||
28 | licensure data, and disclosable alternative program
| ||||||
29 | participation information to facilitate the administration of | ||||||
30 | this Compact.
| ||||||
31 | (c) Compact administrators shall have the authority to | ||||||
32 | develop uniform rules
to facilitate and coordinate | ||||||
33 | implementation of this Compact. These uniform
rules shall be | ||||||
34 | adopted by party states, under the authority invested under
|
| |||||||
| |||||||
1 | Article VI(d).
| ||||||
2 | ARTICLE IX
| ||||||
3 | Immunity
| ||||||
4 | No party state or the officers or employees or agents of a | ||||||
5 | party state's
licensing board who acts in accordance with the | ||||||
6 | provisions of this Compact
shall be liable on account of any | ||||||
7 | act or omission in good faith while engaged
in the performance | ||||||
8 | of their duties under this Compact. Good faith in this
article | ||||||
9 | shall not include willful misconduct, gross negligence, or
| ||||||
10 | recklessness.
| ||||||
11 | ARTICLE X
| ||||||
12 | Entry into Force, Withdrawal and Amendment
| ||||||
13 | (a) This Compact shall enter into force and become | ||||||
14 | effective as to any state
when it has been enacted into the | ||||||
15 | laws of that state. Any party state may
withdraw from this | ||||||
16 | Compact by enacting a statute repealing the same, but no
such | ||||||
17 | withdrawal shall take effect until six months after the | ||||||
18 | withdrawing state
has given notice of the withdrawal to the | ||||||
19 | executive heads of all other party
states.
| ||||||
20 | (b) No withdrawal shall affect the validity or | ||||||
21 | applicability by the
licensing boards of states remaining party | ||||||
22 | to the Compact of any report of
adverse action occurring prior | ||||||
23 | to the withdrawal.
| ||||||
24 | (c) Nothing contained in this Compact shall be construed to | ||||||
25 | invalidate or
prevent any APRN licensure/authority to practice | ||||||
26 | agreement or other cooperative
arrangement between a party | ||||||
27 | state and a non-party state that is made in
accordance with the | ||||||
28 | other provisions of this Compact.
| ||||||
29 | (d) This Compact may be amended by the party states. No | ||||||
30 | amendment to this
Compact shall become effective and binding | ||||||
31 | upon the party states unless and
until it is enacted into the | ||||||
32 | laws of all party states.
|
| |||||||
| |||||||
1 | ARTICLE XI
| ||||||
2 | Construction and Severability
| ||||||
3 | (a) This Compact shall be liberally construed so as to | ||||||
4 | effectuate the
purposes thereof. The provisions of this Compact | ||||||
5 | shall be severable and if any
phrase, clause, sentence or | ||||||
6 | provision of this Compact is declared to be
contrary to the | ||||||
7 | constitution of any party state or of the United States or the
| ||||||
8 | applicability thereof to any government, agency, person or | ||||||
9 | circumstance is held
invalid, the validity of the remainder of | ||||||
10 | this Compact and the applicability
thereof to any government, | ||||||
11 | agency, person or circumstance shall not be affected
thereby. | ||||||
12 | If this Compact shall be held contrary to the constitution of | ||||||
13 | any
state party thereto, the Compact shall remain in full force | ||||||
14 | and effect as to
the remaining party states and in full force | ||||||
15 | and effect as to the party state
affected as to all severable | ||||||
16 | matters.
| ||||||
17 | (b) In the event party states find a need for settling | ||||||
18 | disputes arising
under this Compact:
| ||||||
19 | (1) The party states may submit the issues in dispute | ||||||
20 | to an arbitration
panel which will be comprised of an | ||||||
21 | individual appointed by the Compact
administrator in the | ||||||
22 | home state; an individual appointed by the Compact
| ||||||
23 | administrator in the remote state(s) involved; and an | ||||||
24 | individual mutually
agreed upon by the Compact | ||||||
25 | administrators of all the party states involved in
the | ||||||
26 | dispute.
| ||||||
27 | (2) The decision of a majority of the arbitrators shall | ||||||
28 | be final and
binding.
| ||||||
29 | Section 10-10. Compact administrator; expenses.
| ||||||
30 | (a) The Director of Professional Regulation shall serve as | ||||||
31 | the compact
administrator for this State and any expenses he or | ||||||
32 | she incurs in so serving
shall be paid
from the appropriation | ||||||
33 | for the ordinary and contingent expenses of the
Department of
|
| |||||||
| |||||||
1 | Professional Regulation.
| ||||||
2 | (b) The Director shall terminate Illinois' participation | ||||||
3 | in the compact if
the
APRN
Uniform Licensure/Authority to | ||||||
4 | Practice Requirements are substantially changed
after
the | ||||||
5 | effective date of this Act. A substantial change is anything | ||||||
6 | that
significantly alters the
individual professional | ||||||
7 | qualifications for participation in the compact such as
no | ||||||
8 | longer
requiring either certification by a national | ||||||
9 | accreditation body in the APRN's specialty
appropriate to | ||||||
10 | educational preparation or completion of a graduate level APRN
| ||||||
11 | educational program accredited by a national accreditation | ||||||
12 | body. If the Director
terminates Illinois' participation in the | ||||||
13 | compact, then the Director shall provide all
APRNs practicing | ||||||
14 | in Illinois under the compact at the time 60 days written | ||||||
15 | notice of the
termination.
| ||||||
16 | (c) All APRNs practicing in Illinois under the compact at | ||||||
17 | the time of
registration
with the Department of Professional | ||||||
18 | Regulation shall be required to sign a
notarized
statement of | ||||||
19 | understanding and agreement to practice within the scope of
| ||||||
20 | practice
requirements for advanced practice nurses in Illinois | ||||||
21 | under the Nursing and
Advanced Practice Nursing Act. The | ||||||
22 | Department shall prepare the form to be
used.
| ||||||
23 | ARTICLE 90
| ||||||
24 | Section 90-5. The Nursing and Advanced Practice Nursing Act | ||||||
25 | is amended by
changing Sections 5-10, 5-15, and 10-30 as | ||||||
26 | follows:
| ||||||
27 | (225 ILCS 65/5-10)
| ||||||
28 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
29 | Sec. 5-10. Definitions. Each of the following terms, when | ||||||
30 | used
in this Act, shall have the meaning ascribed to it in this | ||||||
31 | Section, except
where the context clearly indicates otherwise:
| ||||||
32 | (a) "Department" means the Department of Professional | ||||||
33 | Regulation.
|
| |||||||
| |||||||
1 | (b) "Director" means the Director of Professional
| ||||||
2 | Regulation.
| ||||||
3 | (c) "Board" means the Board of Nursing appointed by the
| ||||||
4 | Director.
| ||||||
5 | (d) "Academic year" means the customary annual schedule of | ||||||
6 | courses at a
college, university, or approved school, | ||||||
7 | customarily regarded as the school
year as distinguished from | ||||||
8 | the calendar year.
| ||||||
9 | (e) "Approved program of professional nursing education" | ||||||
10 | and "approved
program of practical nursing education" are | ||||||
11 | programs of professional or
practical nursing, respectively, | ||||||
12 | approved by the Department under the
provisions of this Act.
| ||||||
13 | (f) "Nursing Act Coordinator" means a registered | ||||||
14 | professional nurse
appointed by
the Director to carry out the | ||||||
15 | administrative policies of the
Department.
| ||||||
16 | (g) "Assistant Nursing Act Coordinator" means a registered | ||||||
17 | professional
nurse
appointed by the Director to assist in | ||||||
18 | carrying out the administrative
policies of the Department.
| ||||||
19 | (h) "Registered" is the equivalent of "licensed".
| ||||||
20 | (i) "Practical nurse" or "licensed practical nurse" means a | ||||||
21 | person who is
licensed as a practical nurse under this Act or | ||||||
22 | holds the privilege to
practice under this Act and practices | ||||||
23 | practical
nursing as defined in paragraph (j) of this Section. | ||||||
24 | Only a practical nurse
licensed or granted the privilege to | ||||||
25 | practice under this Act is entitled to
use the title "licensed | ||||||
26 | practical
nurse" and the abbreviation "L.P.N.".
| ||||||
27 | (j) "Practical nursing" means the performance of
nursing | ||||||
28 | acts requiring the basic nursing knowledge, judgement, and | ||||||
29 | skill
acquired by means of completion of an approved practical | ||||||
30 | nursing education
program. Practical nursing includes | ||||||
31 | assisting in the nursing process as
delegated by and under the | ||||||
32 | direction of a registered professional nurse. The
practical | ||||||
33 | nurse may work under the direction of a licensed physician, | ||||||
34 | dentist,
podiatrist, or other health care professional | ||||||
35 | determined by the Department.
| ||||||
36 | (k) "Registered Nurse" or "Registered Professional Nurse" |
| |||||||
| |||||||
1 | means a person
who is licensed as a professional nurse under | ||||||
2 | this Act or holds the privilege
to practice under this Act and | ||||||
3 | practices
nursing as defined in paragraph (l) of this Section. | ||||||
4 | Only a registered
nurse licensed or granted the privilege to | ||||||
5 | practice under this Act is
entitled to use the
titles | ||||||
6 | "registered nurse" and "registered professional nurse" and the
| ||||||
7 | abbreviation, "R.N.".
| ||||||
8 | (l) "Registered professional nursing practice" includes | ||||||
9 | all
nursing
specialities and means the performance of any | ||||||
10 | nursing act based upon
professional knowledge, judgment, and | ||||||
11 | skills acquired by means of completion
of an approved | ||||||
12 | registered professional nursing education program. A | ||||||
13 | registered
professional nurse provides nursing care | ||||||
14 | emphasizing the importance of the
whole and the interdependence | ||||||
15 | of its parts through the nursing process
to individuals, | ||||||
16 | groups, families, or communities, that includes but is not
| ||||||
17 | limited to: (1) the assessment of healthcare needs, nursing | ||||||
18 | diagnosis,
planning, implementation, and nursing evaluation; | ||||||
19 | (2) the promotion,
maintenance, and restoration of health; (3) | ||||||
20 | counseling, patient education,
health education, and patient | ||||||
21 | advocacy; (4) the administration of medications
and treatments | ||||||
22 | as prescribed by a physician licensed to practice medicine in
| ||||||
23 | all of its branches, a licensed dentist, a licensed podiatrist, | ||||||
24 | or a licensed
optometrist or as prescribed by a physician | ||||||
25 | assistant in accordance with
written guidelines required under | ||||||
26 | the Physician Assistant Practice Act of 1987
or by an advanced | ||||||
27 | practice nurse in accordance with a written
collaborative | ||||||
28 | agreement required under the Nursing and
Advanced Practice | ||||||
29 | Nursing Act; (5) the
coordination and management of the nursing | ||||||
30 | plan of care; (6) the delegation to
and supervision of | ||||||
31 | individuals who assist the registered professional nurse
| ||||||
32 | implementing the plan of care; and (7) teaching and supervision | ||||||
33 | of nursing
students. The foregoing shall not be deemed to | ||||||
34 | include
those acts of medical diagnosis or prescription of | ||||||
35 | therapeutic or
corrective measures that are properly performed | ||||||
36 | only by
physicians licensed in the State of Illinois.
|
| |||||||
| |||||||
1 | (m) "Current nursing practice update course" means a | ||||||
2 | planned nursing
education curriculum approved by the | ||||||
3 | Department consisting of activities
that have educational | ||||||
4 | objectives,
instructional methods, content or subject matter, | ||||||
5 | clinical practice, and
evaluation methods, related to basic | ||||||
6 | review and updating content and
specifically planned for those | ||||||
7 | nurses previously licensed in the United
States or its | ||||||
8 | territories and preparing for reentry into nursing
practice.
| ||||||
9 | (n) "Professional assistance program for nurses" means a | ||||||
10 | professional
assistance program that meets criteria | ||||||
11 | established by the Board of Nursing
and approved by the | ||||||
12 | Director, which provides a non-disciplinary treatment
approach | ||||||
13 | for nurses licensed under this Act whose ability to practice is
| ||||||
14 | compromised by alcohol or chemical substance addiction.
| ||||||
15 | (o) "Privilege to practice" means the authorization to | ||||||
16 | practice as a
practical
nurse or a registered nurse in the | ||||||
17 | State under the Nurse Licensure Compact.
| ||||||
18 | (p) "License" or "licensed" means the permission granted a | ||||||
19 | person to
practice
nursing under this Act, including the | ||||||
20 | privilege to practice.
| ||||||
21 | (q) "Licensee" means a person who has been issued a license | ||||||
22 | to practice
nursing in the state or who holds the privilege to | ||||||
23 | practice nursing in this
State.
| ||||||
24 | (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; | ||||||
25 | 90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
| ||||||
26 | (225 ILCS 65/5-15)
| ||||||
27 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
28 | Sec. 5-15. Policy; application of Act. For the protection | ||||||
29 | of life and the
promotion of health, and the prevention of | ||||||
30 | illness and communicable diseases,
any person practicing or | ||||||
31 | offering to practice professional and practical
nursing in | ||||||
32 | Illinois shall submit evidence that he or she is qualified to
| ||||||
33 | practice, and shall be licensed or hold the privilege to | ||||||
34 | practice as provided under this Act. No person shall
practice | ||||||
35 | or offer to practice professional or practical nursing in |
| |||||||
| |||||||
1 | Illinois or
use any title, sign, card or device to indicate | ||||||
2 | that such a person is
practicing professional or practical | ||||||
3 | nursing unless such person has been
licensed or holds the | ||||||
4 | privilege to practice under the provisions of this Act.
| ||||||
5 | This Act does not prohibit the following:
| ||||||
6 | (a) The practice of nursing in Federal employment in | ||||||
7 | the discharge of the
employee's duties by a person who is | ||||||
8 | employed by the United States
government or any bureau, | ||||||
9 | division or agency thereof and is a legally
qualified and | ||||||
10 | licensed nurse of another state or territory and not in
| ||||||
11 | conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
| ||||||
12 | (b) Nursing that is included in their program of study | ||||||
13 | by
students
enrolled in programs of nursing or in current | ||||||
14 | nurse practice update courses
approved by the Department.
| ||||||
15 | (c) The furnishing of nursing assistance in an | ||||||
16 | emergency.
| ||||||
17 | (d) The practice of nursing by a nurse who holds an | ||||||
18 | active license in
another state when providing services to | ||||||
19 | patients in Illinois during a bonafide
emergency or in | ||||||
20 | immediate preparation for or during interstate
transit.
| ||||||
21 | (e) The incidental care of the sick by members of the | ||||||
22 | family, domestic
servants or housekeepers, or care of the | ||||||
23 | sick where treatment is by prayer
or spiritual means.
| ||||||
24 | (f) Persons from being employed as nursing aides, | ||||||
25 | attendants, orderlies,
and
other auxiliary workers in | ||||||
26 | private homes, long term care facilities,
nurseries, | ||||||
27 | hospitals or other institutions.
| ||||||
28 | (g) The practice of practical nursing by one who has | ||||||
29 | applied in writing to
the Department in form and substance | ||||||
30 | satisfactory to the Department, for a
license as a licensed | ||||||
31 | practical nurse and who has complied with all the
| ||||||
32 | provisions under Section 10-30, except the passing of an | ||||||
33 | examination
to be eligible to receive such license, until: | ||||||
34 | the decision of the Department
that the applicant has | ||||||
35 | failed to pass the next available examination
authorized by | ||||||
36 | the Department or has failed, without an approved excuse, |
| |||||||
| |||||||
1 | to
take the next available examination authorized by the | ||||||
2 | Department or until the
withdrawal of the application, but | ||||||
3 | not to exceed 3 months.
An applicant practicing practical | ||||||
4 | nursing under this Section who passes the
examination, | ||||||
5 | however, may continue to practice under this Section until | ||||||
6 | such
time as he or she receives his or her license to | ||||||
7 | practice or until the
Department notifies him or her that | ||||||
8 | the license has been denied.
No applicant
for licensure | ||||||
9 | practicing under
the provisions of this paragraph shall | ||||||
10 | practice practical nursing except
under the direct | ||||||
11 | supervision of a registered professional nurse licensed
| ||||||
12 | under this Act or a licensed physician, dentist or | ||||||
13 | podiatrist. In no
instance shall any such applicant | ||||||
14 | practice or be
employed in any supervisory capacity.
| ||||||
15 | (h) The practice of practical nursing by one who is a | ||||||
16 | licensed practical
nurse under the laws of another U.S. | ||||||
17 | jurisdiction and has applied in writing
to the Department, | ||||||
18 | in form and substance satisfactory to the Department,
for a | ||||||
19 | license as a licensed practical nurse and who is qualified | ||||||
20 | to receive
such license under Section 10-30, until (1) the | ||||||
21 | expiration of 6 months after
the filing of such written | ||||||
22 | application, (2) the withdrawal of such application,
or (3) | ||||||
23 | the denial of such application by the Department.
| ||||||
24 | (i) The practice of professional nursing by one who has | ||||||
25 | applied in writing
to the Department in form and substance | ||||||
26 | satisfactory to the Department for
a license as a | ||||||
27 | registered professional nurse and has complied with all the
| ||||||
28 | provisions under Section 10-30 except the passing of an | ||||||
29 | examination to be
eligible to receive such license, until | ||||||
30 | the decision of the Department
that the applicant has | ||||||
31 | failed to pass the next available examination
authorized by | ||||||
32 | the Department or has failed, without an approved excuse, | ||||||
33 | to
take the next available examination authorized by the | ||||||
34 | Department or until
the withdrawal of the application, but | ||||||
35 | not to exceed 3 months.
An applicant practicing | ||||||
36 | professional nursing under this Section who passes
the
|
| |||||||
| |||||||
1 | examination, however, may continue to practice under this | ||||||
2 | Section until such
time as he or she receives his or her | ||||||
3 | license to practice or until the
Department notifies him or | ||||||
4 | her that the license has been denied.
No applicant
for | ||||||
5 | licensure practicing under
the provisions of this | ||||||
6 | paragraph shall practice professional nursing except
under | ||||||
7 | the direct supervision of a registered professional nurse | ||||||
8 | licensed
under this Act. In no instance shall any such | ||||||
9 | applicant practice or be
employed in any supervisory | ||||||
10 | capacity.
| ||||||
11 | (j) The practice of professional nursing by one who is | ||||||
12 | a registered
professional nurse under the laws of another | ||||||
13 | state, territory of the United
States or country and has | ||||||
14 | applied in writing to the Department, in form and
substance | ||||||
15 | satisfactory to the Department, for a license as a | ||||||
16 | registered
professional nurse and who is qualified to | ||||||
17 | receive such license under
Section 10-30, until (1) the | ||||||
18 | expiration of 6 months after the filing of
such written | ||||||
19 | application, (2) the withdrawal of such application, or (3)
| ||||||
20 | the denial of such application by the Department.
| ||||||
21 | (k) The practice of professional nursing that is | ||||||
22 | included in a program of
study by one who is a registered | ||||||
23 | professional nurse under the laws of
another state or | ||||||
24 | territory of the United States or foreign country,
| ||||||
25 | territory or province and who is enrolled in a graduate | ||||||
26 | nursing education
program or a program for the completion | ||||||
27 | of a baccalaureate nursing degree in
this State, which | ||||||
28 | includes clinical supervision by faculty as
determined by | ||||||
29 | the educational institution offering the program and the
| ||||||
30 | health care organization where the practice of nursing | ||||||
31 | occurs. The
educational institution will file with the | ||||||
32 | Department each academic term a
list of the names and | ||||||
33 | origin of license of all professional nurses
practicing | ||||||
34 | nursing as part of their programs under this provision.
| ||||||
35 | (l) Any person licensed in this State under any other | ||||||
36 | Act from engaging
in the practice for which she or he is |
| |||||||
| |||||||
1 | licensed.
| ||||||
2 | (m) Delegation to authorized direct care staff trained | ||||||
3 | under Section 15.4
of the Mental Health and
Developmental | ||||||
4 | Disabilities Administrative Act.
| ||||||
5 | An applicant for license practicing under the exceptions | ||||||
6 | set forth in
subparagraphs (g), (h), (i), and (j) of this | ||||||
7 | Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. | ||||||
8 | Pend. respectively and no other.
| ||||||
9 | (Source: P.A. 93-265, eff. 7-22-03.)
| ||||||
10 | (225 ILCS 65/10-30)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 10-30. Qualifications for licensure.
| ||||||
13 | (a) Each applicant who successfully meets the requirements | ||||||
14 | of this Section
shall be entitled to licensure as a Registered | ||||||
15 | Nurse or Licensed Practical
Nurse, whichever is applicable.
| ||||||
16 | (b) An applicant for licensure by examination to practice | ||||||
17 | as a registered
nurse or licensed practical nurse shall:
| ||||||
18 | (1) submit a completed written application, on forms | ||||||
19 | provided by the
Department and fees as established by the | ||||||
20 | Department;
| ||||||
21 | (2) for registered nurse licensure, have graduated | ||||||
22 | from a
professional nursing education program approved by | ||||||
23 | the Department;
| ||||||
24 | (2.5) for licensed practical nurse licensure, have | ||||||
25 | graduated
graduate from a practical nursing education | ||||||
26 | program approved by the
Department;
| ||||||
27 | (3) have not violated the provisions of Section 10-45 | ||||||
28 | of this Act. The
Department may take into consideration any | ||||||
29 | felony conviction of the applicant,
but such a conviction | ||||||
30 | shall not operate as an absolute bar to licensure;
| ||||||
31 | (4) meet all other requirements as established by rule;
| ||||||
32 | (5) pay, either to the Department or its designated | ||||||
33 | testing service,
a fee covering the cost of providing the | ||||||
34 | examination. Failure to appear for
the examination on the | ||||||
35 | scheduled date at the time and place specified after the
|
| |||||||
| |||||||
1 | applicant's application for examination has been received | ||||||
2 | and acknowledged by
the Department or the designated | ||||||
3 | testing service shall result in the forfeiture
of the | ||||||
4 | examination fee.
| ||||||
5 | If an applicant neglects, fails, or refuses to take an | ||||||
6 | examination or fails
to pass an examination for a license under | ||||||
7 | this Act within 3 years after filing
the application, the | ||||||
8 | application shall be denied. However, the applicant may
make a | ||||||
9 | new application accompanied by the required fee and provide
| ||||||
10 | evidence of meeting the requirements in force at the time of | ||||||
11 | the new
application.
| ||||||
12 | An applicant may take and successfully complete a | ||||||
13 | Department-approved
examination in another jurisdiction. | ||||||
14 | However, an applicant who has never been
licensed previously in | ||||||
15 | any jurisdiction that utilizes a Department-approved
| ||||||
16 | examination and who has taken and failed to
pass the | ||||||
17 | examination within 3 years after filing the application must | ||||||
18 | submit
proof of successful completion of a | ||||||
19 | Department-authorized nursing education
program or | ||||||
20 | recompletion of an approved registered nursing program or | ||||||
21 | licensed
practical nursing program, as appropriate, prior to | ||||||
22 | re-application.
| ||||||
23 | An applicant shall have one year from the date of | ||||||
24 | notification of successful
completion of the examination to | ||||||
25 | apply to the Department for a license. If an
applicant fails to | ||||||
26 | apply within one year, the applicant shall be required to
again | ||||||
27 | take and pass the examination unless licensed in another | ||||||
28 | jurisdiction of
the United States within one year of passing | ||||||
29 | the examination.
| ||||||
30 | (c) An applicant for licensure by endorsement who is a | ||||||
31 | registered
professional nurse or a licensed practical nurse | ||||||
32 | licensed by examination
under the laws of another state or | ||||||
33 | territory of the United States or a
foreign country, | ||||||
34 | jurisdiction, territory, or province shall:
| ||||||
35 | (1) submit a completed written application, on forms | ||||||
36 | supplied by the
Department, and fees as established by the |
| |||||||
| |||||||
1 | Department;
| ||||||
2 | (2) for registered nurse licensure, have graduated | ||||||
3 | from a professional
nursing education program approved by | ||||||
4 | the Department;
| ||||||
5 | (2.5) for licensed practical nurse licensure, have | ||||||
6 | graduated
from a practical nursing education program | ||||||
7 | approved by the Department;
| ||||||
8 | (3) submit verification of licensure status directly | ||||||
9 | from the United
States jurisdiction of licensure, if | ||||||
10 | applicable, as defined by rule;
| ||||||
11 | (4) have passed the examination authorized by the | ||||||
12 | Department;
| ||||||
13 | (5) meet all other requirements as established by rule.
| ||||||
14 | (d) All applicants for registered nurse licensure pursuant | ||||||
15 | to item (2) of
subsection (b) and item (2) of subsection (c) of | ||||||
16 | this Section who are graduates
of nursing educational programs | ||||||
17 | in a country other than the United States or
its territories | ||||||
18 | must submit to the Department certification of successful
| ||||||
19 | completion of the Commission of Graduates of Foreign Nursing | ||||||
20 | Schools (CGFNS)
examination. An applicant who is unable to | ||||||
21 | provide appropriate documentation
to satisfy CGFNS of her or | ||||||
22 | his educational qualifications for the CGFNS
examination shall | ||||||
23 | be required to pass an examination to test competency in the
| ||||||
24 | English language, which shall be prescribed by the Department, | ||||||
25 | if the
applicant is determined by the Board to be educationally | ||||||
26 | prepared in
nursing. The Board shall make appropriate inquiry | ||||||
27 | into the reasons for
any adverse determination by CGFNS before | ||||||
28 | making its own decision.
| ||||||
29 | An applicant licensed in another state or territory who is | ||||||
30 | applying for
licensure and has received her or his education in | ||||||
31 | a country other than the
United States or its territories shall | ||||||
32 | be exempt from the completion of the
Commission of Graduates of | ||||||
33 | Foreign Nursing Schools (CGFNS) examination if the
applicant | ||||||
34 | meets all of the following requirements:
| ||||||
35 | (1) successful passage of the licensure examination | ||||||
36 | authorized by the
Department;
|
| |||||||
| |||||||
1 | (2) holds an active, unencumbered license in another | ||||||
2 | state; and
| ||||||
3 | (3) has been actively practicing for a minimum of 2 | ||||||
4 | years in another
state.
| ||||||
5 | (e) (Blank).
| ||||||
6 | (f) Pending the issuance of a license under subsection (c) | ||||||
7 | of this Section,
the Department may grant an applicant a | ||||||
8 | temporary license to practice nursing
as a registered nurse or | ||||||
9 | as a licensed practical nurse if the Department is
satisfied | ||||||
10 | that the applicant holds an active, unencumbered license in | ||||||
11 | good
standing in another jurisdiction. If the applicant holds | ||||||
12 | more than one
current active license, or one or more active | ||||||
13 | temporary licenses from other
jurisdictions, the
Department | ||||||
14 | shall not issue a temporary license until it is satisfied that
| ||||||
15 | each current active license held by the applicant is | ||||||
16 | unencumbered. The
temporary license, which shall be issued no | ||||||
17 | later than 14 working days
following receipt by the Department | ||||||
18 | of an application for the temporary
license, shall be granted | ||||||
19 | upon the submission of the following to the
Department:
| ||||||
20 | (1) a signed and completed application for licensure | ||||||
21 | under subsection (a)
of this Section as a registered nurse | ||||||
22 | or a licensed practical nurse;
| ||||||
23 | (2) proof of a current, active license in at least one | ||||||
24 | other jurisdiction
and proof that each current active | ||||||
25 | license or temporary license held by the
applicant within | ||||||
26 | the last 5 years is unencumbered;
| ||||||
27 | (3) a signed and completed application for a temporary | ||||||
28 | license; and
| ||||||
29 | (4) the required temporary license fee.
| ||||||
30 | (g) The Department may refuse to issue an applicant a | ||||||
31 | temporary
license authorized pursuant to this Section if, | ||||||
32 | within 14 working days
following its receipt of an application | ||||||
33 | for a temporary license, the
Department determines that:
| ||||||
34 | (1) the applicant has been convicted of a crime under | ||||||
35 | the laws of a
jurisdiction of the United States: (i) which | ||||||
36 | is a felony; or (ii) which is a
misdemeanor directly |
| |||||||
| |||||||
1 | related to the practice of the profession, within the last
| ||||||
2 | 5 years;
| ||||||
3 | (2) within the last 5 years the applicant has had a | ||||||
4 | license or permit
related to the practice of nursing | ||||||
5 | revoked, suspended, or placed on probation
by
another | ||||||
6 | jurisdiction, if at least one of the grounds for revoking, | ||||||
7 | suspending,
or placing on probation is the same or | ||||||
8 | substantially equivalent to grounds in
Illinois; or
| ||||||
9 | (3) it intends to deny licensure by endorsement.
| ||||||
10 | For purposes of this Section, an "unencumbered license" | ||||||
11 | means a
license against which no disciplinary action has been | ||||||
12 | taken or is pending and
for which all fees and charges are paid | ||||||
13 | and current.
| ||||||
14 | (h) The Department may revoke a temporary license issued | ||||||
15 | pursuant to this
Section if:
| ||||||
16 | (1) it determines that the applicant has been convicted | ||||||
17 | of a crime under
the law of any jurisdiction of the United | ||||||
18 | States that is (i) a felony or
(ii) a misdemeanor directly | ||||||
19 | related to the practice of the profession,
within the last | ||||||
20 | 5 years;
| ||||||
21 | (2) it determines that within the last 5 years the | ||||||
22 | applicant has had a
license or permit related to the | ||||||
23 | practice of nursing revoked, suspended, or
placed on | ||||||
24 | probation by another jurisdiction, if at least one of the | ||||||
25 | grounds for
revoking, suspending, or placing on probation | ||||||
26 | is the same or substantially
equivalent to grounds in | ||||||
27 | Illinois; or
| ||||||
28 | (3) it determines that it intends to deny licensure by | ||||||
29 | endorsement.
| ||||||
30 | A temporary license shall expire 6 months from the date of | ||||||
31 | issuance.
Further renewal may be granted by the Department in | ||||||
32 | hardship cases, as defined
by rule and upon approval of the | ||||||
33 | Director. However, a temporary license shall
automatically | ||||||
34 | expire upon issuance of the Illinois license or upon | ||||||
35 | notification
that the Department intends to deny licensure, | ||||||
36 | whichever occurs first.
|
| |||||||
| |||||||
1 | (i) Applicants have 3 years from the date of application to | ||||||
2 | complete the
application process. If the process has not been | ||||||
3 | completed within 3 years from
the date of application, the | ||||||
4 | application shall be denied, the fee forfeited,
and the | ||||||
5 | applicant must reapply and meet the requirements in effect at | ||||||
6 | the time
of reapplication.
| ||||||
7 | (j) A practical nurse licensed by a party state under the | ||||||
8 | Nurse Licensure
Compact is
granted the privilege to practice | ||||||
9 | practical nursing in this State. A registered
nurse
licensed by | ||||||
10 | a party state under the Nurse Licensure Compact is granted the
| ||||||
11 | privilege to
practice registered nursing in this State. A | ||||||
12 | practical nurse or registered
nurse who has
been granted the | ||||||
13 | privilege to practice nursing in this State under this
| ||||||
14 | subsection, shall
notify the Department, prior to commencing | ||||||
15 | employment in this State as a
practical or registered nurse, of | ||||||
16 | the identity and location of the nurse's
prospective
employer. | ||||||
17 | A practical nurse or registered nurse who has been granted the
| ||||||
18 | privilege to
practice nursing in this State under this | ||||||
19 | subsection is subject to the schedule
of fees
authorized under | ||||||
20 | Section 20-35 and the criminal background check required under
| ||||||
21 | Section 5-23 of this Act, provided that the practical or | ||||||
22 | registered nurse may
exercise her
privilege to practice pending | ||||||
23 | completion of the criminal background check.
| ||||||
24 | (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02; | ||||||
25 | revised 2-17-03.)
| ||||||
26 | ARTICLE 99
| ||||||
27 | Section 99-5. Effective date. This Act takes effect upon | ||||||
28 | becoming law. |