Rep. Eva-Dina Delgado

Filed: 4/28/2023





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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7    (Section scheduled to be repealed on January 1, 2028)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.
18    (c) Program site visits to an institution conducting or
19hosting a professional nursing program may be made at the
20discretion of the Nursing Coordinator or upon recommendation
21of the Board. Full routine site visits may be conducted by the
22Department for periodic evaluation. Such visits shall be used
23to determine compliance with this Act. Full routine site
24visits must be announced and may be waived at the discretion of
25the Department if the program maintains accreditation with an
26accrediting body recognized by the United States Department of



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1Education and approved by the Department.
2    (d) Any institution conducting a registered professional
3nursing program that wishes to discontinue the program must do
4each of the following:
5        (1) Notify the Department, in writing, of its intent
6    to discontinue the program.
7        (2) Continue to meet the requirements of this Act and
8    the rules adopted thereunder until the official date of
9    termination of the program.
10        (3) Notify the Department of the date on which the
11    last student shall graduate from the program and the
12    program shall terminate.
13        (4) Assist remaining students in the continuation of
14    their education in the event of program termination prior
15    to the graduation of the program's final student.
16        (5) Upon the closure of the program, notify the
17    Department, in writing, of the location of student and
18    graduate records' storage.
19    (e) Out-of-State registered professional nursing education
20programs planning to offer clinical practice experiences in
21this State must meet the requirements set forth in this
22Section and must meet the clinical and faculty requirements
23for institutions outside of this State, as established by
24rule. The institution responsible for conducting an
25out-of-State registered professional nursing education program
26and the administrator of the program shall be responsible for



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1ensuring that the individual faculty and preceptors overseeing
2the clinical experience are academically and professionally
4(Source: P.A. 100-513, eff. 1-1-18.)
5    (225 ILCS 65/60-10)
6    (Section scheduled to be repealed on January 1, 2028)
7    Sec. 60-10. RN licensure by examination.
8    (a) Each applicant who successfully meets the requirements
9of this Section is eligible for licensure as a registered
10professional nurse.
11    (b) An applicant for licensure by examination to practice
12as a registered professional nurse is eligible for licensure
13when the following requirements are met:
14        (1) the applicant has submitted a completed written
15    application, on forms provided by the Department, and
16    fees, as established by the Department;
17        (2) the applicant has graduated from a professional
18    nursing education program approved by the Department or
19    has been granted a certificate of completion of
20    pre-licensure requirements from another United States
21    jurisdiction;
22        (3) the applicant has successfully completed a
23    licensure examination approved by the Department;
24        (4) (blank);
25        (5) the applicant has submitted to the criminal



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1    history records check required under Section 50-35 of this
2    Act;
3        (6) the applicant has submitted, either to the
4    Department or its designated testing service, a fee
5    covering the cost of providing the examination; failure to
6    appear for the examination on the scheduled date at the
7    time and place specified after the applicant's application
8    for examination has been received and acknowledged by the
9    Department or the designated testing service shall result
10    in the forfeiture of the examination fee; and
11        (7) the applicant has met all other requirements
12    established by the Department by rule.
13    An applicant for licensure by examination may take the
14Department-approved examination in another jurisdiction.
15    (b-3) An applicant who graduates from a professional
16nursing program in this State on or after the effective date of
17this amendatory Act of the 103rd General Assembly and does not
18take the licensure examination within 180 days after his or
19her degree is conferred by the institution of higher education
20or fails the licensure examination for a second time shall be
21required to demonstrate proof of completion of a National
22Council Licensure Examination preparatory class or a
23comparable test preparatory program before taking a subsequent
24licensure examination or the graduate may return to the
25institution of higher education from which he or she graduated
26which shall provide remedial educational resources to the



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1graduate at no cost to the graduate. Such an applicant must
2contact the institution of higher education from which he or
3she graduated prior to retesting.
4    (b-4) All professional nursing programs in probationary
5status on the effective date of this amendatory Act of the
6103rd General Assembly and subject to a program revision plan
7shall be deemed in good standing for a period of 3 years
8beginning on the effective date of this amendatory Act of the
9103rd General Assembly. Prior to September 1, 2026, no
10professional nursing program shall be placed on probationary
11status for failing to reach a passage rate of less than 75%.
12    (b-5) If an applicant for licensure by examination
13neglects, fails, or refuses to take an examination or fails to
14pass an examination for a license within 3 years of the date of
15initial application, the application shall be denied. When an
16applicant's application is denied due to the failure to pass
17the examination within the 3-year period, that applicant must
18undertake an additional course of education as defined by rule
19prior to submitting a new application for licensure. Any new
20application must be accompanied by the required fee, evidence
21of meeting the requirements in force at the time of the new
22application, and evidence of completion of the additional
23course of education prescribed by rule.
24    (c) An applicant for licensure by examination shall have
25one year after the date of notification of the successful
26completion of the examination to apply to the Department for a



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1license. If an applicant fails to apply within one year, the
2applicant shall be required to retake and pass the examination
3unless licensed in another jurisdiction of the United States.
4    (d) An applicant for licensure by examination who passes
5the Department-approved licensure examination for professional
6nursing may obtain employment as a license-pending registered
7nurse and practice under the direction of a registered
8professional nurse or an advanced practice registered nurse
9until such time as he or she receives his or her license to
10practice or until the license is denied. In no instance shall
11any such applicant practice or be employed in any management
12capacity. An individual may be employed as a license-pending
13registered nurse if all of the following criteria are met:
14        (1) He or she has completed and passed the
15    Department-approved licensure exam and presents to the
16    employer the official written notification indicating
17    successful passage of the licensure examination.
18        (2) He or she has completed and submitted to the
19    Department an application for licensure under this Section
20    as a registered professional nurse.
21        (3) He or she has submitted the required licensure
22    fee.
23        (4) He or she has met all other requirements
24    established by rule, including having submitted to a
25    criminal history records check.
26    (e) The privilege to practice as a license-pending



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1registered nurse shall terminate with the occurrence of any of
2the following:
3        (1) Three months have passed since the official date
4    of passing the licensure exam as inscribed on the formal
5    written notification indicating passage of the exam. The
6    3-month license pending period may be extended if more
7    time is needed by the Department to process the licensure
8    application.
9        (2) Receipt of the registered professional nurse
10    license from the Department.
11        (3) Notification from the Department that the
12    application for licensure has been refused.
13        (4) A request by the Department that the individual
14    terminate practicing as a license-pending registered nurse
15    until an official decision is made by the Department to
16    grant or deny a registered professional nurse license.
17    (f) (Blank).
18    (g) (Blank).
19    (h) (Blank).
20    (i) (Blank).
21    (j) (Blank).
22    (k) All applicants for registered professional nurse
23licensure have 3 years after the date of application to
24complete the application process. If the process has not been
25completed within 3 years after the date of application, the
26application shall be denied, the fee forfeited, and the



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1applicant must reapply and meet the requirements in effect at
2the time of reapplication.
3    (l) All applicants for registered nurse licensure by
4examination who are graduates of practical nursing educational
5programs in a country other than the United States and its
6territories shall have their nursing education credentials
7evaluated by a Department-approved nursing credentialing
8evaluation service. No such applicant may be issued a license
9under this Act unless the applicant's program is deemed by the
10nursing credentialing evaluation service to be equivalent to a
11professional nursing education program approved by the
12Department. An applicant who has graduated from a nursing
13educational program outside of the United States or its
14territories and whose first language is not English shall
15submit evidence of English proficiency, as defined by rule.
16    (m) (Blank).
17(Source: P.A. 100-513, eff. 1-1-18.)".