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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Education Scholarship Law is amended | ||||||
5 | by changing Sections 2 and 3 and by adding Section 6.5 as | ||||||
6 | follows:
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7 | (110 ILCS 975/2) (from Ch. 144, par. 2752)
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8 | Sec. 2. Legislative finding and declaration of policy. | ||||||
9 | (a) The General Assembly finds and hereby declares that the | ||||||
10 | provision of a
higher education leading to an associate degree | ||||||
11 | in nursing, an
associate
degree in applied sciences in nursing, | ||||||
12 | a hospital-based diploma
in nursing, a
baccalaureate degree in | ||||||
13 | nursing, a graduate degree in nursing, or a certificate in | ||||||
14 | practical nursing for
persons of this State
who desire such an | ||||||
15 | education is important to the health, welfare and
security of | ||||||
16 | this State and Nation, and consequently is an important public
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17 | purpose. Many qualified and potential nurses
are deterred by | ||||||
18 | financial considerations from pursuing their nursing
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19 | education, with consequent irreparable loss to the State and | ||||||
20 | Nation of
talents vital to health, welfare and security. A | ||||||
21 | system of scholarships,
repayment of which may be excused if | ||||||
22 | the individual is employed as a
registered professional
nurse | ||||||
23 | or a licensed practical nurse after
obtaining an associate |
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1 | degree in
nursing, associate degree in applied sciences in | ||||||
2 | nursing, hospital-based
diploma in nursing, baccalaureate | ||||||
3 | degree in nursing, graduate degree in nursing, or certificate
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4 | in practical nursing, will enable such individuals
to attend | ||||||
5 | approved institutions of their choice in the State,
public or
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6 | private.
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7 | (b) The General Assembly finds that there is a critical | ||||||
8 | shortage of nursing instructors in this State, and such a | ||||||
9 | shortage will only worsen the shortage of available nurses in | ||||||
10 | this State and jeopardize the quality of healthcare citizens of | ||||||
11 | this State have every right to enjoy. In order to provide for | ||||||
12 | the health, safety, and welfare of the citizens of this State, | ||||||
13 | the General Assembly declares that there is a need for an | ||||||
14 | increase in skilled nurse educators in this State. | ||||||
15 | (Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
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16 | (110 ILCS 975/3) (from Ch. 144, par. 2753)
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17 | Sec. 3. Definitions.
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18 | The following terms, whenever used or referred to, have the | ||||||
19 | following
meanings except where the context clearly indicates | ||||||
20 | otherwise:
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21 | (1) "Board" means the Board of Higher Education created by | ||||||
22 | the Board
of Higher Education Act.
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23 | (2) "Department" means the Illinois Department of Public | ||||||
24 | Health.
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25 | (3) "Approved institution" means a public community |
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1 | college, private
junior college, hospital-based diploma in | ||||||
2 | nursing
program, or public or private
college or university | ||||||
3 | located in this State that has approval by the Department of | ||||||
4 | Professional
Regulation for an associate degree in nursing
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5 | program,
associate degree in applied
sciences in nursing | ||||||
6 | program, hospital-based diploma in nursing
program,
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7 | baccalaureate degree in nursing program, graduate degree in | ||||||
8 | nursing program, or
certificate in practical
nursing program.
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9 | (4) "Baccalaureate degree in nursing program" means a | ||||||
10 | program offered by
an
approved institution and leading to a | ||||||
11 | bachelor of science degree in nursing.
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12 | (5) "Enrollment" means the establishment and maintenance | ||||||
13 | of an
individual's status as a student in an approved | ||||||
14 | institution, regardless of
the terms used at the institution to | ||||||
15 | describe such status.
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16 | (6) "Academic year" means the period of time from September | ||||||
17 | 1 of one
year through August 31 of the next year or as | ||||||
18 | otherwise defined by the
academic institution.
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19 | (7) "Associate degree in nursing program or hospital-based | ||||||
20 | diploma in
nursing program" means a program
offered by an | ||||||
21 | approved institution and leading to an associate
degree in
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22 | nursing, associate degree in applied sciences in nursing, or
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23 | hospital-based diploma in nursing.
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24 | (8) "Graduate degree in nursing program" means a program | ||||||
25 | offered by an approved institution and leading to a master of | ||||||
26 | science degree in nursing or a doctorate of philosophy or |
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1 | doctorate of nursing degree in nursing.
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2 | (9) "Director" means the Director of the Illinois | ||||||
3 | Department of Public
Health.
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4 | (10) "Accepted for admission" means a student has completed | ||||||
5 | the
requirements for entry into an associate degree in nursing | ||||||
6 | program,
associate degree in applied sciences in nursing | ||||||
7 | program, hospital-based
diploma in nursing program,
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8 | baccalaureate degree in nursing program, graduate degree in | ||||||
9 | nursing program, or
certificate in practical nursing program at | ||||||
10 | an approved institution, as
documented by the
institution.
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11 | (11) "Fees" means those mandatory charges, in addition to | ||||||
12 | tuition, that
all enrolled students must pay, including | ||||||
13 | required course or lab fees.
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14 | (12) "Full-time student" means a student enrolled for at | ||||||
15 | least 12 hours
per
term or as otherwise determined by the | ||||||
16 | academic institution.
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17 | (13) "Law" means the Nursing Education Scholarship Law.
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18 | (14) "Nursing employment obligation" means employment in | ||||||
19 | this State as a
registered
professional
nurse , or licensed | ||||||
20 | practical nurse , or advanced practical nurse in direct patient | ||||||
21 | care
or as a nurse educator in the case of a graduate degree in | ||||||
22 | nursing program recipient for at least one year for each year | ||||||
23 | of scholarship assistance received through
the Nursing
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24 | Education Scholarship Program.
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25 | (15) "Part-time student" means a person who is enrolled for | ||||||
26 | at least
one-third of the number of hours required per term by |
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1 | a school for its
full-time students.
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2 | (16) "Practical nursing program" means a program offered by | ||||||
3 | an approved
institution leading to a certificate in practical | ||||||
4 | nursing.
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5 | (17) "Registered professional nurse" means a
person who is | ||||||
6 | currently licensed as a registered professional nurse
by the | ||||||
7 | Department of Professional
Regulation under the Nurse Practice | ||||||
8 | Act.
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9 | (18) "Licensed practical nurse" means a
person who is | ||||||
10 | currently licensed as a licensed practical nurse
by the | ||||||
11 | Department of Professional
Regulation under the Nurse Practice | ||||||
12 | Act.
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13 | (19) "School term" means an academic term, such as a | ||||||
14 | semester, quarter,
trimester, or number of clock hours, as | ||||||
15 | defined by an approved institution.
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16 | (20) "Student in good standing" means a student maintaining | ||||||
17 | a cumulative
grade point average equivalent to at least the | ||||||
18 | academic grade of a "C".
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19 | (21) "Total and permanent disability" means a physical or | ||||||
20 | mental impairment,
disease, or loss of a permanent nature that | ||||||
21 | prevents nursing employment with or
without reasonable | ||||||
22 | accommodation. Proof of disability shall be a declaration
from | ||||||
23 | the social security administration, Illinois Workers' | ||||||
24 | Compensation Commission,
Department of Defense, or an insurer | ||||||
25 | authorized to transact business in
Illinois who is providing | ||||||
26 | disability insurance coverage to a contractor.
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1 | (22) "Tuition" means the established charges of an | ||||||
2 | institution of higher
learning for instruction at that | ||||||
3 | institution.
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4 | (23) "Nurse educator" means a person who is currently | ||||||
5 | licensed as a registered nurse by the Department of | ||||||
6 | Professional Regulation under the Nurse Practice Act, who has a | ||||||
7 | graduate degree in nursing, and who is employed by an approved | ||||||
8 | academic institution to educate registered nursing students, | ||||||
9 | licensed practical nursing students, and registered nurses | ||||||
10 | pursuing graduate degrees.
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11 | (24) "Nurse educator employment obligation" means | ||||||
12 | employment in this State as a nurse educator for at least 2 | ||||||
13 | years for each year of scholarship assistance received under | ||||||
14 | Section 6.5 of this Law. | ||||||
15 | Notwithstanding any other rulemaking authority that may | ||||||
16 | exist, neither the Governor nor any agency or agency head under | ||||||
17 | the jurisdiction of the Governor has any authority to make or | ||||||
18 | promulgate rules to implement or enforce the provisions of this | ||||||
19 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
20 | Governor believes that rules are necessary to implement or | ||||||
21 | enforce the provisions of this amendatory Act of the 95th | ||||||
22 | General Assembly, the Governor may suggest rules to the General | ||||||
23 | Assembly by filing them with the Clerk of the House and the | ||||||
24 | Secretary of the Senate and by requesting that the General | ||||||
25 | Assembly authorize such rulemaking by law, enact those | ||||||
26 | suggested rules into law, or take any other appropriate action |
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1 | in the General Assembly's discretion. Nothing contained in this | ||||||
2 | amendatory Act of the 95th General Assembly shall be | ||||||
3 | interpreted to grant rulemaking authority under any other | ||||||
4 | Illinois statute where such authority is not otherwise | ||||||
5 | explicitly given. For the purposes of this amendatory Act of | ||||||
6 | the 95th General Assembly, "rules" is given the meaning | ||||||
7 | contained in Section 1-70 of the Illinois Administrative | ||||||
8 | Procedure Act, and "agency" and "agency head" are given the | ||||||
9 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
10 | Administrative Procedure Act to the extent that such | ||||||
11 | definitions apply to agencies or agency heads under the | ||||||
12 | jurisdiction of the Governor. | ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
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14 | (110 ILCS 975/6.5 new) | ||||||
15 | Sec. 6.5. Nurse educator scholarships. | ||||||
16 | (a) Beginning with the fall term of the 2008-2009 academic | ||||||
17 | year, the Department shall provide scholarships to individuals | ||||||
18 | selected from among those applicants who qualify for | ||||||
19 | consideration by showing the following: | ||||||
20 | (1) that he or she has been a resident of this State | ||||||
21 | for at least one year prior to application and is a citizen | ||||||
22 | or a lawful permanent resident alien of the United States; | ||||||
23 | (2) that he or she is enrolled in or accepted for | ||||||
24 | admission to a graduate degree in nursing program at an | ||||||
25 | approved institution; and |
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1 | (3) that he or she agrees to meet the nurse educator | ||||||
2 | employment obligation. | ||||||
3 | (b) If in any year the number of qualified applicants | ||||||
4 | exceeds the number of scholarships to be awarded under this | ||||||
5 | Section, the Department shall, in consultation with the Center | ||||||
6 | for Nursing Advisory Board, consider the following factors in | ||||||
7 | granting priority in awarding scholarships: | ||||||
8 | (1) Financial need, as shown on a standardized | ||||||
9 | financial needs assessment form used by an approved | ||||||
10 | institution, of students who will pursue their education on | ||||||
11 | a full-time or close to full-time basis and who already | ||||||
12 | have a diploma in nursing and are pursuing a higher degree. | ||||||
13 | (2) A student's status as a registered nurse who is | ||||||
14 | pursuing a graduate degree in nursing to pursue employment | ||||||
15 | in an approved institution that educates licensed | ||||||
16 | practical nurses and that educates registered nurses in | ||||||
17 | undergraduate and graduate nursing programs. | ||||||
18 | (3) A student's merit, as shown through his or her | ||||||
19 | grade point average, class rank, experience as a nurse, | ||||||
20 | including supervisory experience, experience as a nurse in | ||||||
21 | the United States military, and other academic and | ||||||
22 | extracurricular activities. | ||||||
23 | (c) Unless otherwise indicated, scholarships under this | ||||||
24 | Section shall be awarded to recipients at approved institutions | ||||||
25 | for a period of up to 3 years. | ||||||
26 | (d) Within 12 months after graduation from a graduate |
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1 | degree in nursing program for nurse educators, any recipient | ||||||
2 | who accepted a scholarship under this Section shall begin | ||||||
3 | meeting the required nurse educator employment obligation. In | ||||||
4 | order to defer his or her continuous employment obligation, a | ||||||
5 | recipient must request the deferment in writing from the | ||||||
6 | Department. A recipient shall receive a deferment if he or she | ||||||
7 | notifies the Department, within 30 days after enlisting, that | ||||||
8 | he or she is spending up to 4 years in military service. A | ||||||
9 | recipient shall receive a deferment if he or she notifies the | ||||||
10 | Department, within 30 days after enrolling, that he or she is | ||||||
11 | enrolled in an academic program leading to a graduate degree in | ||||||
12 | nursing. The recipient must begin meeting the required nurse | ||||||
13 | educator employment obligation no later than 6 months after the | ||||||
14 | end of the deferment or deferments. | ||||||
15 | Any person who fails to fulfill the nurse educator | ||||||
16 | employment obligation shall pay to the Department an amount | ||||||
17 | equal to the amount of scholarship funds received per year for | ||||||
18 | each unfulfilled year of the nurse educator employment | ||||||
19 | obligation, together with interest at 7% per year on the unpaid | ||||||
20 | balance. Payment must begin within 6 months following the date | ||||||
21 | of the occurrence initiating the repayment. All repayments must | ||||||
22 | be completed within 6 years from the date of the occurrence | ||||||
23 | initiating the repayment. However, this repayment obligation | ||||||
24 | may be deferred and re-evaluated every 6 months when the | ||||||
25 | failure to fulfill the nurse educator employment obligation | ||||||
26 | results from involuntarily leaving the profession due to a |
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1 | decrease in the number of nurses employed in this State or when | ||||||
2 | the failure to fulfill the nurse educator employment obligation | ||||||
3 | results from total and permanent disability. The repayment | ||||||
4 | obligation shall be excused if the failure to fulfill the nurse | ||||||
5 | educator employment obligation results from the death or | ||||||
6 | adjudication as incompetent of the person holding the | ||||||
7 | scholarship. No claim for repayment may be filed against the | ||||||
8 | estate of such a decedent or incompetent. | ||||||
9 | The Department may allow a nurse educator employment | ||||||
10 | obligation fulfillment alternative if the nurse educator | ||||||
11 | scholarship recipient is unsuccessful in finding work as a | ||||||
12 | nurse educator. The Department shall maintain a database of all | ||||||
13 | available nurse educator positions in this State. | ||||||
14 | (e) Each person applying for a scholarship under this | ||||||
15 | Section must be provided with a copy of this Section at the | ||||||
16 | time of application for the benefits of this scholarship. | ||||||
17 | (f) Notwithstanding any other rulemaking authority that | ||||||
18 | may exist, neither the Governor nor any agency or agency head | ||||||
19 | under the jurisdiction of the Governor has any authority to | ||||||
20 | make or promulgate rules to implement or enforce the provisions | ||||||
21 | of this amendatory Act of the 95th General Assembly. If, | ||||||
22 | however, the Governor believes that rules are necessary to | ||||||
23 | implement or enforce the provisions of this amendatory Act of | ||||||
24 | the 95th General Assembly, the Governor may suggest rules to | ||||||
25 | the General Assembly by filing them with the Clerk of the House | ||||||
26 | and the Secretary of the Senate and by requesting that the |
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| |||||||
1 | General Assembly authorize such rulemaking by law, enact those | ||||||
2 | suggested rules into law, or take any other appropriate action | ||||||
3 | in the General Assembly's discretion. Nothing contained in this | ||||||
4 | amendatory Act of the 95th General Assembly shall be | ||||||
5 | interpreted to grant rulemaking authority under any other | ||||||
6 | Illinois statute where such authority is not otherwise | ||||||
7 | explicitly given. For the purposes of this amendatory Act of | ||||||
8 | the 95th General Assembly, "rules" is given the meaning | ||||||
9 | contained in Section 1-70 of the Illinois Administrative | ||||||
10 | Procedure Act, and "agency" and "agency head" are given the | ||||||
11 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
12 | Administrative Procedure Act to the extent that such | ||||||
13 | definitions apply to agencies or agency heads under the | ||||||
14 | jurisdiction of the Governor. | ||||||
15 | Section 10. The Nurse Practice Act is amended by changing | ||||||
16 | Section 70-50 as follows:
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17 | (225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
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18 | (Section scheduled to be repealed on January 1, 2018)
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19 | Sec. 70-50. Fund. | ||||||
20 | (a) There is hereby created within the State Treasury the
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21 | Nursing Dedicated and Professional Fund. The monies in the Fund | ||||||
22 | may be
used by and at the direction of the Department for the | ||||||
23 | administration and
enforcement of this Act, including but not | ||||||
24 | limited to:
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1 | (1) Distribution and publication of this Act and rules.
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2 | (2) Employment of secretarial, nursing, | ||||||
3 | administrative, enforcement, and
other staff for the | ||||||
4 | administration of this Act.
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5 | (b) Disposition of fees:
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6 | (1) $5 of every licensure fee shall be placed in a fund | ||||||
7 | for assistance to nurses enrolled in a diversionary program | ||||||
8 | as approved by the Department.
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9 | (2) All of the fees, fines, and penalties
collected | ||||||
10 | pursuant to
this Act shall be deposited in the Nursing | ||||||
11 | Dedicated and Professional Fund.
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12 | (3) Each fiscal year, the moneys deposited
in the | ||||||
13 | Nursing Dedicated and Professional Fund shall be | ||||||
14 | appropriated to the
Department for expenses of the | ||||||
15 | Department and the Board in the
administration of this Act. | ||||||
16 | All earnings received from investment of
moneys in the | ||||||
17 | Nursing Dedicated and Professional Fund shall be
deposited | ||||||
18 | in the Nursing Dedicated and Professional Fund and shall be | ||||||
19 | used
for the same purposes as fees deposited in the Fund.
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20 | (4) For the fiscal year beginning July 1, 2008 2004 and | ||||||
21 | for
each fiscal
year thereafter, $2,000,000 $1,200,000 of | ||||||
22 | the moneys deposited in the
Nursing Dedicated
and | ||||||
23 | Professional Fund each year shall be set aside and | ||||||
24 | appropriated to the
Department of Public Health for nursing | ||||||
25 | scholarships awarded pursuant to
the Nursing Education | ||||||
26 | Scholarship Law.
Representatives
of the Department and the |
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1 | Nursing Education Scholarship Program Advisory
Council | ||||||
2 | shall review this requirement and
the scholarship awards | ||||||
3 | every 2 years.
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4 | (5) Moneys in the Fund may be transferred to the | ||||||
5 | Professions
Indirect Cost Fund as authorized under Section | ||||||
6 | 2105-300 of the
Department of Professional Regulation Law | ||||||
7 | (20 ILCS 2105/2105-300).
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8 | (f) Moneys set aside for nursing scholarships awarded | ||||||
9 | pursuant to
the Nursing Education Scholarship Law as provided | ||||||
10 | in item (iv) of subsection (e) of this Section may not be | ||||||
11 | transferred under Section 8h of the State Finance Act. | ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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