94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4280


 
Introduced 12/19/05, by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:
 		














225 ILCS 65/10-30









    Amends the Nursing and Advanced Practice Nursing Act.  Makes a technical change in a Section concerning qualifications for licensure.
















LRB094 14880 RAS 49899 b

















 


 


A BILL FOR









 











HB4280

LRB094 14880 RAS 49899 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Nursing and Advanced Practice Nursing Act is 
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amended  by changing Section 10-30 as follows:
 



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    (225 ILCS 65/10-30)



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    (Section scheduled to be repealed on January 1, 2008)

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    Sec. 10-30. Qualifications for licensure. 

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    (a) Each applicant who successfully meets the
the

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requirements of this Section
shall be entitled to licensure as 
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a Registered Nurse or Licensed Practical
Nurse, whichever is 
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applicable.

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    (b) An applicant for licensure by examination to practice 
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as a registered
nurse or licensed practical nurse shall:


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


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        (2) for registered nurse licensure, have graduated 
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    from a
professional nursing education program approved by 
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    the Department;


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        (2.5) for licensed practical nurse licensure, have 
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    graduated from a practical nursing education program 
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    approved by the
Department;


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        (3) have not violated the provisions of Section 10-45 
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    of this Act.  The
Department may take into consideration any 
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    felony conviction of the applicant,
but such a conviction 
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    shall not operate as an absolute bar to licensure;


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        (4) meet all other requirements as established by rule;


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        (5) pay, either to the Department or its designated 
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    testing service,
a fee covering the cost of providing the 
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    examination.  Failure to appear for
the examination on the 
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    scheduled date at the time and place specified after the

 


 






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    applicant's application for examination has been received 
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    and acknowledged by
the Department or the designated 
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    testing service shall result in the forfeiture
of the 
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    examination fee.

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    If an applicant neglects, fails, or refuses to take an 
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examination or fails
to pass an examination for a license under 
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this Act within 3 years after filing
the application, the 
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application shall be denied.  However, the applicant may
make a 
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new application accompanied by the required fee and provide

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evidence of meeting the requirements in force at the time of 
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the new
application.

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    An applicant may take and successfully complete a 
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Department-approved
examination in another jurisdiction.  
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However, an applicant who has never been
licensed previously in 
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any jurisdiction that utilizes a Department-approved

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examination and who has taken and failed to
pass the 
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examination within 3 years after filing the application must 
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submit
proof of successful completion of a 
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Department-authorized nursing education
program or 
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recompletion of an approved registered nursing program or 
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licensed
practical nursing program, as appropriate, prior to 
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re-application.

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    An applicant shall have one year from the date of 
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notification of successful
completion of the examination to 
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apply to the Department for a license.  If an
applicant fails to 
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apply within one year, the applicant shall be required to
again 
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take and pass the examination unless licensed in another 
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jurisdiction of
the United States within one year of passing 
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the examination.

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    (c) An applicant for licensure by endorsement who is a 
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registered
professional nurse or a licensed practical nurse 
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licensed by examination
under the laws of another state or 
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territory of the United States or a
foreign country, 
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jurisdiction, territory, or province shall:


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        (1) submit a completed written application, on forms 
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    supplied by the
Department, and fees as established by the 
 


 






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    Department;


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        (2) for registered nurse licensure, have graduated 
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    from a professional
nursing education program approved by 
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    the Department;


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        (2.5) for licensed practical nurse licensure, have 
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    graduated
from a practical nursing education program 
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    approved by the Department;


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        (3) submit verification of licensure status directly 
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    from the United
States jurisdiction of licensure, if 
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    applicable, as defined by rule;


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        (4) have passed the examination authorized by the 
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    Department;


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        (5) meet all other requirements as established by rule.

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    (d) All applicants for registered nurse licensure pursuant 
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to item (2) of
subsection (b) and item (2) of subsection (c) of 
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this Section who are graduates
of nursing educational programs 
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in a country other than the United States or
its territories 
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shall have their nursing education credentials evaluated by a 
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Department-approved nursing credentialing evaluation service.  
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No such applicant may be issued a license under this Act unless 
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the applicant's program is deemed by the nursing credentialing 
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evaluation service to be equivalent to a professional nursing 
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education program approved by the Department. An applicant who 
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has graduated from a nursing educational program outside of the 
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United States or its territories and whose first language is 
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not English shall submit certification of passage of the Test 
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of English as a Foreign Language (TOEFL), as defined by rule.  
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The Department may, upon recommendation from the nursing 
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evaluation service, waive the requirement that the applicant 
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pass the TOEFL examination if the applicant submits 
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verification of the successful completion of a nursing 
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education program conducted in English.

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    (d-5) An applicant licensed in another state or territory 
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who is applying for
licensure and has received her or his 
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education in a country other than the
United States or its 
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territories shall have her or his nursing education credentials 
 


 






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evaluated by a Department-approved nursing credentialing 
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evaluation service.  No such applicant may be issued a license 
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under this Act unless the applicant's program is deemed by the 
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nursing credentialing evaluation service to be equivalent to a 
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professional nursing education program approved by the 
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Department.  An applicant who has graduated from a nursing 
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educational program outside of the United States or its 
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territories and whose first language is not English shall 
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submit certification of passage of the Test of English as a 
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Foreign Language (TOEFL), as defined by rule.  The Department 
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may, upon recommendation from the nursing evaluation service, 
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waive the requirement that the applicant pass the TOEFL 
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examination if the applicant submits verification of the 
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successful completion of a nursing education program conducted 
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in English or the successful passage of an approved licensing 
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examination given in English.

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    (e) (Blank).

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    (f) Pending the issuance of a license under subsection (c) 
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of this Section,
the Department may grant an applicant a 
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temporary license to practice nursing
as a registered nurse or 
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as a licensed practical nurse if the Department is
satisfied 
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that the applicant holds an active, unencumbered license in 
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good
standing in another jurisdiction.  If the applicant holds 
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more than one
current active license, or one or more active 
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temporary licenses from other
jurisdictions, the
Department 
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shall not issue a temporary license until it is satisfied that

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each current active license held by the applicant is 
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unencumbered.  The
temporary license, which shall be issued no 
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later than 14 working days
following receipt by the Department 
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of an application for the temporary
license, shall be granted 
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upon the submission of the following to the
Department:


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        (1) a signed and completed application for licensure 
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    under subsection (a)
of this Section as a registered nurse 
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    or a licensed practical nurse;


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        (2) proof of a current, active license in at least one 
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    other jurisdiction
and proof that each current active 
 


 






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    license or temporary license held by the
applicant within 
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    the last 5 years is unencumbered;


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        (3) a signed and completed application for a temporary 
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    license; and


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        (4) the required temporary license fee.

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    (g) The Department may refuse to issue an applicant a 
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temporary
license authorized pursuant to this Section if, 
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within 14 working days
following its receipt of an application 
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for a temporary license, the
Department determines that:


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        (1) the applicant has been convicted of a crime under 
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    the laws of a
jurisdiction of the United States: (i) which 
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    is a felony; or (ii) which is a
misdemeanor directly 
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    related to the practice of the profession, within the last

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    5 years;


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        (2) within the last 5 years the applicant has had a 
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    license or permit
related to the practice of nursing 
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    revoked, suspended, or placed on probation
by
another 
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    jurisdiction, if at least one of the grounds for revoking, 
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    suspending,
or placing on probation is the same or 
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    substantially equivalent to grounds in
Illinois; or


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        (3) it intends to deny licensure by endorsement.

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    For purposes of this Section, an "unencumbered license" 
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means a
license against which no disciplinary action has been 
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taken or is pending and
for which all fees and charges are paid 
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and current.

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    (h) The Department may revoke a temporary license issued 
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pursuant to this
Section if:


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        (1) it determines that the applicant has been convicted 
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    of a crime under
the law of any jurisdiction of the United 
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    States that is (i) a felony or
(ii) a misdemeanor directly 
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    related to the practice of the profession,
within the last 
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    5 years;


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        (2) it determines that within the last 5 years the 
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    applicant has had a
license or permit related to the 
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    practice of nursing revoked, suspended, or
placed on 
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    probation by another jurisdiction, if at least one of the 
 


 






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    grounds for
revoking, suspending, or placing on probation 
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    is the same or substantially
equivalent to grounds in 
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    Illinois; or


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        (3) it determines that it intends to deny licensure by 
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    endorsement.

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    A temporary license shall expire 6 months from the date of 
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issuance.
Further renewal may be granted by the Department in 
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hardship cases, as defined
by rule and upon approval of the 
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Director.  However, a temporary license shall
automatically 
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expire upon issuance of the Illinois license or upon 
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notification
that the Department intends to deny licensure, 
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whichever occurs first.

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    (i) Applicants have 3 years from the date of application to 
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complete the
application process. If the process has not been 
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completed within 3 years from
the date of application, the 
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application shall be denied, the fee forfeited,
and the 
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applicant must reapply and meet the requirements in effect at 
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the time
of reapplication.

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(Source: P.A. 94-352, eff. 7-28-05.)