Sen. Susan Garrett
Filed: 3/15/2005
 
 

 




 

 		












09400SB2064sam001

LRB094 11566 RAS 43623 a






1

AMENDMENT TO SENATE BILL 2064 




2
    AMENDMENT NO. ______. Amend Senate Bill 2064 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Nursing and Advanced Practice Nursing Act 
5
is amended  by changing Section 10-30 as follows:
 



6
    (225 ILCS 65/10-30)



7
    (Section scheduled to be repealed on January 1, 2008)

8
    Sec. 10-30. Qualifications for licensure. 

9
    (a) Each applicant who successfully meets the requirements 
10
of this Section
shall be entitled to licensure as a Registered 
11
Nurse or Licensed Practical
Nurse, whichever is applicable.

12
    (b) An applicant for licensure by examination to practice 
13
as a registered
nurse or licensed practical nurse shall:


14
        (1) submit a completed written application, on forms 
15
    provided by the
Department and fees as established by the 
16
    Department;


17
        (2) for registered nurse licensure, have graduated 
18
    from a
professional nursing education program approved by 
19
    the Department;


20
        (2.5) for licensed practical nurse licensure, have 
21
    graduated
graduate from a practical nursing education 
22
    program approved by the
Department;


23
        (3) have not violated the provisions of Section 10-45 
24
    of this Act.  The
Department may take into consideration any 
 


 






09400SB2064sam001
- 2 -
LRB094 11566 RAS 43623 a




1
    felony conviction of the applicant,
but such a conviction 
2
    shall not operate as an absolute bar to licensure;


3
        (4) meet all other requirements as established by rule;


4
        (5) pay, either to the Department or its designated 
5
    testing service,
a fee covering the cost of providing the 
6
    examination.  Failure to appear for
the examination on the 
7
    scheduled date at the time and place specified after the

8
    applicant's application for examination has been received 
9
    and acknowledged by
the Department or the designated 
10
    testing service shall result in the forfeiture
of the 
11
    examination fee.

12
    If an applicant neglects, fails, or refuses to take an 
13
examination or fails
to pass an examination for a license under 
14
this Act within 3 years after filing
the application, the 
15
application shall be denied.  However, the applicant may
make a 
16
new application accompanied by the required fee and provide

17
evidence of meeting the requirements in force at the time of 
18
the new
application.

19
    An applicant may take and successfully complete a 
20
Department-approved
examination in another jurisdiction.  
21
However, an applicant who has never been
licensed previously in 
22
any jurisdiction that utilizes a Department-approved

23
examination and who has taken and failed to
pass the 
24
examination within 3 years after filing the application must 
25
submit
proof of successful completion of a 
26
Department-authorized nursing education
program or 
27
recompletion of an approved registered nursing program or 
28
licensed
practical nursing program, as appropriate, prior to 
29
re-application.

30
    An applicant shall have one year from the date of 
31
notification of successful
completion of the examination to 
32
apply to the Department for a license.  If an
applicant fails to 
33
apply within one year, the applicant shall be required to
again 
34
take and pass the examination unless licensed in another 
 


 






09400SB2064sam001
- 3 -
LRB094 11566 RAS 43623 a




1
jurisdiction of
the United States within one year of passing 
2
the examination.

3
    (c) An applicant for licensure by endorsement who is a 
4
registered
professional nurse or a licensed practical nurse 
5
licensed by examination
under the laws of another state or 
6
territory of the United States or a
foreign country, 
7
jurisdiction, territory, or province shall:


8
        (1) submit a completed written application, on forms 
9
    supplied by the
Department, and fees as established by the 
10
    Department;


11
        (2) for registered nurse licensure, have graduated 
12
    from a professional
nursing education program approved by 
13
    the Department;


14
        (2.5) for licensed practical nurse licensure, have 
15
    graduated
from a practical nursing education program 
16
    approved by the Department;


17
        (3) submit verification of licensure status directly 
18
    from the United
States jurisdiction of licensure, if 
19
    applicable, as defined by rule;


20
        (4) have passed the examination authorized by the 
21
    Department;


22
        (5) meet all other requirements as established by rule.

23
    (d) All applicants for registered nurse licensure pursuant 
24
to item (2) of
subsection (b) and item (2) of subsection (c) of 
25
this Section who are graduates
of nursing educational programs 
26
in a country other than the United States or
its territories 
27
shall have their nursing education credentials evaluated by a 
28
Department-approved nursing credentialing evaluation service.  
29
No such applicant may be issued a license under this Act unless 
30
the applicant's program is deemed by the nursing credentialing 
31
evaluation service to be equivalent to a professional nursing 
32
education program approved by the Department. An applicant who 
33
has graduated from a nursing educational program outside of the 
34
United States or its territories and whose first language is 
 


 






09400SB2064sam001
- 4 -
LRB094 11566 RAS 43623 a




1
not English shall submit certification of passage of the Test 
2
of English as a Foreign Language (TOEFL), as defined by rule.  
3
The Department may waive the requirement that the applicant 
4
pass the TOEFL examination if the applicant submits 
5
verification of the successful completion of a nursing 
6
education program conducted in English.
must submit to the 
7
Department certification of successful
completion of the 
8
Commission of Graduates of Foreign Nursing Schools (CGFNS)

9
examination.  An applicant who is unable to provide appropriate 
10
documentation
to satisfy CGFNS of her or his educational 
11
qualifications for the CGFNS
examination shall be required to 
12
pass an examination to test competency in the
English language, 
13
which shall be prescribed by the Department, if the
applicant 
14
is determined by the Board to be educationally prepared in

15
nursing.  The Board shall make appropriate inquiry into the 
16
reasons for
any adverse determination by CGFNS before making 
17
its own decision.

18
    (d-5) An applicant licensed in another state or territory 
19
who is applying for
licensure and has received her or his 
20
education in a country other than the
United States or its 
21
territories shall have her or his nursing education credentials 
22
evaluated by a Department-approved nursing credentialing 
23
evaluation service.  No such applicant may be issued a license 
24
under this Act unless the applicant's program is deemed by the 
25
nursing credentialing evaluation service to be equivalent to a 
26
professional nursing education program approved by the 
27
Department.  An applicant who has graduated from a nursing 
28
educational program outside of the United States or its 
29
territories and whose first language is not English shall 
30
submit certification of passage of the Test of English as a 
31
Foreign Language (TOEFL), as defined by rule.  The Department 
32
may waive the requirement that the applicant pass the TOEFL 
33
examination if the applicant submits verification of the 
34
successful completion of a nursing education program conducted 
 


 






09400SB2064sam001
- 5 -
LRB094 11566 RAS 43623 a




1
in English or the successful passage of an approved licensing 
2
examination given in English.
be exempt from the completion of 
3
the
Commission of Graduates of Foreign Nursing Schools (CGFNS) 
4
examination if the
applicant meets all of the following 
5
requirements:


6
        (1) successful passage of the licensure examination 
7
    authorized by the
Department;


8
        (2) holds an active, unencumbered license in another 
9
    state; and


10
        (3) has been actively practicing for a minimum of 2 
11
    years in another
state.

12
    (e) (Blank).

13
    (f) Pending the issuance of a license under subsection (c) 
14
of this Section,
the Department may grant an applicant a 
15
temporary license to practice nursing
as a registered nurse or 
16
as a licensed practical nurse if the Department is
satisfied 
17
that the applicant holds an active, unencumbered license in 
18
good
standing in another jurisdiction.  If the applicant holds 
19
more than one
current active license, or one or more active 
20
temporary licenses from other
jurisdictions, the
Department 
21
shall not issue a temporary license until it is satisfied that

22
each current active license held by the applicant is 
23
unencumbered.  The
temporary license, which shall be issued no 
24
later than 14 working days
following receipt by the Department 
25
of an application for the temporary
license, shall be granted 
26
upon the submission of the following to the
Department:


27
        (1) a signed and completed application for licensure 
28
    under subsection (a)
of this Section as a registered nurse 
29
    or a licensed practical nurse;


30
        (2) proof of a current, active license in at least one 
31
    other jurisdiction
and proof that each current active 
32
    license or temporary license held by the
applicant within 
33
    the last 5 years is unencumbered;


34
        (3) a signed and completed application for a temporary 
 


 






09400SB2064sam001
- 6 -
LRB094 11566 RAS 43623 a




1
    license; and


2
        (4) the required temporary license fee.

3
    (g) The Department may refuse to issue an applicant a 
4
temporary
license authorized pursuant to this Section if, 
5
within 14 working days
following its receipt of an application 
6
for a temporary license, the
Department determines that:


7
        (1) the applicant has been convicted of a crime under 
8
    the laws of a
jurisdiction of the United States: (i) which 
9
    is a felony; or (ii) which is a
misdemeanor directly 
10
    related to the practice of the profession, within the last

11
    5 years;


12
        (2) within the last 5 years the applicant has had a 
13
    license or permit
related to the practice of nursing 
14
    revoked, suspended, or placed on probation
by
another 
15
    jurisdiction, if at least one of the grounds for revoking, 
16
    suspending,
or placing on probation is the same or 
17
    substantially equivalent to grounds in
Illinois; or


18
        (3) it intends to deny licensure by endorsement.

19
    For purposes of this Section, an "unencumbered license" 
20
means a
license against which no disciplinary action has been 
21
taken or is pending and
for which all fees and charges are paid 
22
and current.

23
    (h) The Department may revoke a temporary license issued 
24
pursuant to this
Section if:


25
        (1) it determines that the applicant has been convicted 
26
    of a crime under
the law of any jurisdiction of the United 
27
    States that is (i) a felony or
(ii) a misdemeanor directly 
28
    related to the practice of the profession,
within the last 
29
    5 years;


30
        (2) it determines that within the last 5 years the 
31
    applicant has had a
license or permit related to the 
32
    practice of nursing revoked, suspended, or
placed on 
33
    probation by another jurisdiction, if at least one of the 
34
    grounds for
revoking, suspending, or placing on probation 
 


 






09400SB2064sam001
- 7 -
LRB094 11566 RAS 43623 a




1
    is the same or substantially
equivalent to grounds in 
2
    Illinois; or


3
        (3) it determines that it intends to deny licensure by 
4
    endorsement.

5
    A temporary license shall expire 6 months from the date of 
6
issuance.
Further renewal may be granted by the Department in 
7
hardship cases, as defined
by rule and upon approval of the 
8
Director.  However, a temporary license shall
automatically 
9
expire upon issuance of the Illinois license or upon 
10
notification
that the Department intends to deny licensure, 
11
whichever occurs first.

12
    (i) Applicants have 3 years from the date of application to 
13
complete the
application process. If the process has not been 
14
completed within 3 years from
the date of application, the 
15
application shall be denied, the fee forfeited,
and the 
16
applicant must reapply and meet the requirements in effect at 
17
the time
of reapplication.

18
(Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02; 
19
revised 2-17-03.)

 

20
    Section 99. Effective date. This Act takes effect upon 
21
becoming law.".