Rep. Eva-Dina Delgado

Filed: 3/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 2509 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Nurse Practice Act is amended by changing
5Sections 60-5 and 60-10 as follows:
6    (225 ILCS 65/60-5)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 60-5. RN education program requirements; out-of-State
10    (a) All registered professional nurse education programs
11must be reviewed by the Board and approved by the Department
12before the successful completion of such a program may be
13applied toward meeting the requirements for registered
14professional nurse licensure under this Act. Any program
15changing the level of educational preparation or the
16relationship with or to the parent institution or establishing



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1an extension of an existing program must request a review by
2the Board and approval by the Department. The Board shall
3review and make a recommendation for the approval or
4disapproval of a program by the Department based on the
5following criteria:
6        (1) a feasibility study that describes the need for
7    the program and the facilities used, the potential of the
8    program to recruit faculty and students, financial support
9    for the program, and other criteria, as established by
10    rule;
11        (2) program curriculum that meets all State
12    requirements;
13        (2.5) measurement of program effectiveness based on a
14    passage rate of all graduates over the 3 most recent
15    calendar years without reference to first-time test
16    takers;
17        (3) the administration of the program by a Nurse
18    Administrator and the involvement of a Nurse Administrator
19    in the development of the program;
20        (4) the occurrence of a site visit prior to approval;
21    and
22        (5) beginning December 31, 2022, obtaining and
23    maintaining programmatic accreditation by a national
24    accrediting body for nursing education recognized by the
25    United States Department of Education and approved by the
26    Department.



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1    The Department and Board of Nursing shall be notified
2within 30 days if the program loses its accreditation. The
3Department may adopt rules regarding a warning process and
5    (b) In order to obtain initial Department approval and to
6maintain Department approval, a registered professional
7nursing program must meet all of the following requirements:
8        (1) The institution responsible for conducting the
9    program and the Nurse Administrator must ensure that
10    individual faculty members are academically and
11    professionally competent.
12        (2) The program curriculum must contain all applicable
13    requirements established by rule, including both theory
14    and clinical components.
15        (3) The passage rates of the program's graduating
16    classes on the State-approved licensure exam must be
17    deemed satisfactory by the Department; however, for
18    classes that graduate on or after the effective date of
19    this amendatory Act of the 103rd General Assembly, a
20    first-time passage rate of more than 60% shall be deemed
21    satisfactory.
22    (c) Program site visits to an institution conducting or
23hosting a professional nursing program may be made at the
24discretion of the Nursing Coordinator or upon recommendation
25of the Board. Full routine site visits may be conducted by the
26Department for periodic evaluation. Such visits shall be used



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1to determine compliance with this Act. Full routine site
2visits must be announced and may be waived at the discretion of
3the Department if the program maintains accreditation with an
4accrediting body recognized by the United States Department of
5Education and approved by the Department.
6    (d) Any institution conducting a registered professional
7nursing program that wishes to discontinue the program must do
8each of the following:
9        (1) Notify the Department, in writing, of its intent
10    to discontinue the program.
11        (2) Continue to meet the requirements of this Act and
12    the rules adopted thereunder until the official date of
13    termination of the program.
14        (3) Notify the Department of the date on which the
15    last student shall graduate from the program and the
16    program shall terminate.
17        (4) Assist remaining students in the continuation of
18    their education in the event of program termination prior
19    to the graduation of the program's final student.
20        (5) Upon the closure of the program, notify the
21    Department, in writing, of the location of student and
22    graduate records' storage.
23    (e) Out-of-State registered professional nursing education
24programs planning to offer clinical practice experiences in
25this State must meet the requirements set forth in this
26Section and must meet the clinical and faculty requirements



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1for institutions outside of this State, as established by
2rule. The institution responsible for conducting an
3out-of-State registered professional nursing education program
4and the administrator of the program shall be responsible for
5ensuring that the individual faculty and preceptors overseeing
6the clinical experience are academically and professionally
8(Source: P.A. 100-513, eff. 1-1-18.)
9    (225 ILCS 65/60-10)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 60-10. RN licensure by examination.
12    (a) Each applicant who successfully meets the requirements
13of this Section is eligible for licensure as a registered
14professional nurse.
15    (a-5) As soon as possible after the completion of each
16academic term, each institution of higher education that
17conducts a registered professional nursing program approved by
18the Department under Section 60-5 shall email to the
19designated testing service a list of applicants who are
20eligible to take the licensure examination. As soon as
21possible after receiving the eligibility list from the
22institution of higher education, the designated testing
23service shall notify the applicant by email that he or she is
24eligible to take the examination. That notification shall be
25sent to the email address provided to the institution of



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1higher education by the applicant. The applicant shall
2register to take the licensure exam by selecting a date from
3the dates provided by the designated testing service. The
4designated testing service shall provide institutions of
5higher education with real-time access to testing data,
6including registration status, testing dates, and test
8    (b) An applicant for licensure by examination to practice
9as a registered professional nurse is eligible for licensure
10when the following requirements are met:
11        (1) the applicant has submitted a completed written
12    application, on forms provided by the Department, and
13    fees, as established by the Department;
14        (2) the applicant has graduated from a professional
15    nursing education program approved by the Department or
16    has been granted a certificate of completion of
17    pre-licensure requirements from another United States
18    jurisdiction;
19        (3) the applicant has successfully completed a
20    licensure examination approved by the Department;
21        (4) (blank);
22        (5) the applicant has submitted to the criminal
23    history records check required under Section 50-35 of this
24    Act;
25        (6) the applicant has submitted, either to the
26    Department or its designated testing service, a fee



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1    covering the cost of providing the examination; failure to
2    appear for the examination on the scheduled date at the
3    time and place specified after the applicant's application
4    for examination has been received and acknowledged by the
5    Department or the designated testing service shall result
6    in the forfeiture of the examination fee; and
7        (7) the applicant has met all other requirements
8    established by the Department by rule.
9    An applicant for licensure by examination may take the
10Department-approved examination in another jurisdiction.
11    (b-3) If an applicant who graduates from a professional
12nursing program in the State on or after the effective date of
13this amendatory Act of the 103rd General Assembly does not sit
14for the licensure examination within 180 days after his or her
15degree is conferred by the institution of higher education,
16then the institution of higher education shall provide
17remedial educational resources to the graduate at no cost to
18the graduate. If an applicant fails the licensure examination
19on or after the effective date of this amendatory Act of the
20103rd General Assembly, then the applicant must contact the
21institution of higher education from which he or she graduated
22for remediation prior to retesting. If the institution of
23higher education is located in the State, then it shall
24provide remedial educational resources to the graduate at no
25cost to the graduate.
26    (b-5) If an applicant for licensure by examination



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1neglects, fails, or refuses to take an examination or fails to
2pass an examination for a license within 3 years of the date of
3initial application, the application shall be denied. When an
4applicant's application is denied due to the failure to pass
5the examination within the 3-year period, that applicant must
6undertake an additional course of education as defined by rule
7prior to submitting a new application for licensure. Any new
8application must be accompanied by the required fee, evidence
9of meeting the requirements in force at the time of the new
10application, and evidence of completion of the additional
11course of education prescribed by rule.
12    (c) An applicant for licensure by examination shall have
13one year after the date of notification of the successful
14completion of the examination to apply to the Department for a
15license. If an applicant fails to apply within one year, the
16applicant shall be required to retake and pass the examination
17unless licensed in another jurisdiction of the United States.
18    (d) An applicant for licensure by examination who passes
19the Department-approved licensure examination for professional
20nursing may obtain employment as a license-pending registered
21nurse and practice under the direction of a registered
22professional nurse or an advanced practice registered nurse
23until such time as he or she receives his or her license to
24practice or until the license is denied. In no instance shall
25any such applicant practice or be employed in any management
26capacity. An individual may be employed as a license-pending



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1registered nurse if all of the following criteria are met:
2        (1) He or she has completed and passed the
3    Department-approved licensure exam and presents to the
4    employer the official written notification indicating
5    successful passage of the licensure examination.
6        (2) He or she has completed and submitted to the
7    Department an application for licensure under this Section
8    as a registered professional nurse.
9        (3) He or she has submitted the required licensure
10    fee.
11        (4) He or she has met all other requirements
12    established by rule, including having submitted to a
13    criminal history records check.
14    (e) The privilege to practice as a license-pending
15registered nurse shall terminate with the occurrence of any of
16the following:
17        (1) Three months have passed since the official date
18    of passing the licensure exam as inscribed on the formal
19    written notification indicating passage of the exam. The
20    3-month license pending period may be extended if more
21    time is needed by the Department to process the licensure
22    application.
23        (2) Receipt of the registered professional nurse
24    license from the Department.
25        (3) Notification from the Department that the
26    application for licensure has been refused.



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1        (4) A request by the Department that the individual
2    terminate practicing as a license-pending registered nurse
3    until an official decision is made by the Department to
4    grant or deny a registered professional nurse license.
5    (f) (Blank).
6    (g) (Blank).
7    (h) (Blank).
8    (i) (Blank).
9    (j) (Blank).
10    (k) All applicants for registered professional nurse
11licensure have 3 years after the date of application to
12complete the application process. If the process has not been
13completed within 3 years after the date of application, the
14application shall be denied, the fee forfeited, and the
15applicant must reapply and meet the requirements in effect at
16the time of reapplication.
17    (l) All applicants for registered nurse licensure by
18examination who are graduates of practical nursing educational
19programs in a country other than the United States and its
20territories shall have their nursing education credentials
21evaluated by a Department-approved nursing credentialing
22evaluation service. No such applicant may be issued a license
23under this Act unless the applicant's program is deemed by the
24nursing credentialing evaluation service to be equivalent to a
25professional nursing education program approved by the
26Department. An applicant who has graduated from a nursing



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1educational program outside of the United States or its
2territories and whose first language is not English shall
3submit evidence of English proficiency, as defined by rule.
4    (m) (Blank).
5(Source: P.A. 100-513, eff. 1-1-18.)".