HB5047 EnrolledLRB103 37251 RTM 67371 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nurse Practice Act is amended by changing
5Sections 50-10, 55-10, 60-10, and 65-10 as follows:
 
6    (225 ILCS 65/50-10)  (was 225 ILCS 65/5-10)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 50-10. Definitions. Each of the following terms, when
9used in this Act, shall have the meaning ascribed to it in this
10Section, except where the context clearly indicates otherwise:
11    "Academic year" means the customary annual schedule of
12courses at a college, university, or approved school,
13customarily regarded as the school year as distinguished from
14the calendar year.
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit.
19    "Advanced practice registered nurse" or "APRN" means a
20person who has met the qualifications for a (i) certified
21nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
22(iii) certified registered nurse anesthetist (CRNA); or (iv)
23clinical nurse specialist (CNS) and has been licensed by the

 

 

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1Department. All advanced practice registered nurses licensed
2and practicing in the State of Illinois shall use the title
3APRN and may use specialty credentials CNM, CNP, CRNA, or CNS
4after their name. All advanced practice registered nurses may
5only practice in accordance with national certification and
6this Act.
7    "Advisory Board" means the Illinois Nursing Workforce
8Center Advisory Board.
9    "Approved program of professional nursing education" and
10"approved program of practical nursing education" are programs
11of professional or practical nursing, respectively, approved
12by the Department under the provisions of this Act.
13    "Board" means the Board of Nursing appointed by the
14Secretary.
15    "Center" means the Illinois Nursing Workforce Center.
16    "Collaboration" means a process involving 2 or more health
17care professionals working together, each contributing one's
18respective area of expertise to provide more comprehensive
19patient care.
20    "Competence" means an expected and measurable level of
21performance that integrates knowledge, skills, abilities, and
22judgment based on established scientific knowledge and
23expectations for nursing practice.
24    "Comprehensive nursing assessment" means the gathering of
25information about the patient's physiological, psychological,
26sociological, and spiritual status on an ongoing basis by a

 

 

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1registered professional nurse and is the first step in
2implementing and guiding the nursing plan of care.
3    "Consultation" means the process whereby an advanced
4practice registered nurse seeks the advice or opinion of
5another health care professional.
6    "Credentialed" means the process of assessing and
7validating the qualifications of a health care professional.
8    "Dentist" means a person licensed to practice dentistry
9under the Illinois Dental Practice Act.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Email address of record" means the designated email
13address recorded by the Department in the applicant's
14application file or the licensee's license file, as maintained
15by the Department's licensure maintenance unit.
16    "Focused nursing assessment" means an appraisal of an
17individual's status and current situation, contributing to the
18comprehensive nursing assessment performed by the registered
19professional nurse or advanced practice registered nurse or
20the assessment by the physician assistant, physician, dentist,
21podiatric physician, or other licensed health care
22professional, as determined by the Department, supporting
23ongoing data collection, and deciding who needs to be informed
24of the information and when to inform.
25    "Full practice authority" means the authority of an
26advanced practice registered nurse licensed in Illinois and

 

 

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1certified as a nurse practitioner, clinical nurse specialist,
2or nurse midwife to practice without a written collaborative
3agreement and:
4        (1) to be fully accountable to patients for the
5    quality of advanced nursing care rendered;
6        (2) to be fully accountable for recognizing limits of
7    knowledge and experience and for planning for the
8    management of situations beyond the advanced practice
9    registered nurse's expertise; the full practice authority
10    for advanced practice registered nurses includes accepting
11    referrals from, consulting with, collaborating with, or
12    referring to other health care professionals as warranted
13    by the needs of the patient; and
14        (3) to possess the authority to prescribe medications,
15    including Schedule II through V controlled substances, as
16    provided in Section 65-43.
17    "Full practice authority-pending advanced practice
18registered nurse" means an advanced practice registered nurse
19licensed in Illinois and certified as a nurse practitioner,
20clinical nurse specialist, or nurse midwife who has provided a
21notarized attestation of completion of at least 250 hours of
22continuing education or training in the advanced practice
23registered nurse's area of certification and at least 4,000
24hours of clinical experience after first attaining national
25certification and who has submitted an application to the
26Department to be granted full practice authority.

 

 

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1    "Hospital affiliate" means a corporation, partnership,
2joint venture, limited liability company, or similar
3organization, other than a hospital, that is devoted primarily
4to the provision, management, or support of health care
5services and that directly or indirectly controls, is
6controlled by, or is under common control of the hospital. For
7the purposes of this definition, "control" means having at
8least an equal or a majority ownership or membership interest.
9A hospital affiliate shall be 100% owned or controlled by any
10combination of hospitals, their parent corporations, or
11physicians licensed to practice medicine in all its branches
12in Illinois. "Hospital affiliate" does not include a health
13maintenance organization regulated under the Health
14Maintenance Organization Act.
15    "Impaired nurse" means a nurse licensed under this Act who
16is unable to practice with reasonable skill and safety because
17of a physical or mental disability as evidenced by a written
18determination or written consent based on clinical evidence,
19including loss of motor skills, abuse of drugs or alcohol, or a
20psychiatric disorder, of sufficient degree to diminish his or
21her ability to deliver competent patient care.
22    "License-pending advanced practice registered nurse" means
23a registered professional nurse who has completed all
24requirements for licensure as an advanced practice registered
25nurse except the certification examination and has applied to
26take the next available certification exam and received a

 

 

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1temporary permit from the Department.
2    "License-pending registered nurse" means a person who has
3passed the Department-approved registered nurse licensure exam
4and has applied for a license from the Department. A
5license-pending registered nurse shall use the title "RN lic
6pend" on all documentation related to nursing practice.
7    "Nursing intervention" means any treatment based on
8clinical nursing judgment or knowledge that a nurse performs.
9An individual or entity shall not mandate that a registered
10professional nurse delegate nursing interventions if the
11registered professional nurse determines it is inappropriate
12to do so. A nurse shall not be subject to disciplinary or any
13other adverse action for refusing to delegate a nursing
14intervention based on patient safety.
15    "Physician" means a person licensed to practice medicine
16in all its branches under the Medical Practice Act of 1987.
17    "Podiatric physician" means a person licensed to practice
18podiatry under the Podiatric Medical Practice Act of 1987.
19    "Practical nurse" or "licensed practical nurse" means a
20person who is licensed as a practical nurse under this Act and
21practices practical nursing as defined in this Act. Only a
22practical nurse licensed under this Act is entitled to use the
23title "licensed practical nurse" and the abbreviation
24"L.P.N.".
25    "Practical nursing" means the performance of nursing
26interventions requiring the nursing knowledge, judgment, and

 

 

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1skill acquired by means of completion of an approved practical
2nursing education program. Practical nursing includes
3assisting in the nursing process under the guidance of a
4registered professional nurse or an advanced practice
5registered nurse. The practical nurse may work under the
6direction of a licensed physician, dentist, podiatric
7physician, or other health care professional determined by the
8Department.
9    "Privileged" means the authorization granted by the
10governing body of a healthcare facility, agency, or
11organization to provide specific patient care services within
12well-defined limits, based on qualifications reviewed in the
13credentialing process.
14    "Registered Nurse" or "Registered Professional Nurse"
15means a person who is licensed as a professional nurse under
16this Act and practices nursing as defined in this Act. Only a
17registered nurse licensed under this Act is entitled to use
18the titles "registered nurse" and "registered professional
19nurse" and the abbreviation, "R.N.".
20    "Registered professional nursing practice" means a
21scientific process founded on a professional body of knowledge
22that includes, but is not limited to, the protection,
23promotion, and optimization of health and abilities,
24prevention of illness and injury, development and
25implementation of the nursing plan of care, facilitation of
26nursing interventions to alleviate suffering, care

 

 

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1coordination, and advocacy in the care of individuals,
2families, groups, communities, and populations. "Registered
3professional nursing practice" does not include the act of
4medical diagnosis or prescription of medical therapeutic or
5corrective measures.
6    "Professional assistance program for nurses" means a
7professional assistance program that meets criteria
8established by the Board of Nursing and approved by the
9Secretary, which provides a non-disciplinary treatment
10approach for nurses licensed under this Act whose ability to
11practice is compromised by alcohol or chemical substance
12addiction.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15    "Unencumbered license" means a license issued in good
16standing.
17    "Written collaborative agreement" means a written
18agreement between an advanced practice registered nurse and a
19collaborating physician, dentist, or podiatric physician
20pursuant to Section 65-35.
21(Source: P.A. 103-154, eff. 6-30-23.)
 
22    (225 ILCS 65/55-10)  (was 225 ILCS 65/10-30)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 55-10. LPN licensure by examination.
25    (a) Each applicant who successfully meets the requirements

 

 

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1of this Section is eligible for licensure as a licensed
2practical nurse.
3    (b) An applicant for licensure by examination to practice
4as a practical nurse is eligible for licensure when the
5following requirements are met:
6        (1) the applicant has submitted a completed written
7    application on forms provided by the Department and fees
8    as established by the Department;
9        (2) the applicant has graduated from a practical
10    nursing education program approved by the Department or
11    has been granted a certificate of completion of
12    pre-licensure requirements from another United States
13    jurisdiction;
14        (3) the applicant has successfully completed a
15    licensure examination approved by the Department;
16        (4) (blank);
17        (5) the applicant has submitted to the criminal
18    history records check required under Section 50-35 of this
19    Act;
20        (6) the applicant has submitted either to the
21    Department or its designated testing service, a fee
22    covering the cost of providing the examination. Failure to
23    appear for the examination on the scheduled date at the
24    time and place specified after the applicant's application
25    for examination has been received and acknowledged by the
26    Department or the designated testing service shall result

 

 

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1    in the forfeiture of the examination fee; and
2        (7) the applicant has met all other requirements
3    established by rule.
4    (b-5) If an applicant for licensure by examination
5neglects, fails, or refuses to take an examination or fails to
6pass an examination for a license under this Act within 3 years
7of the date of initial application, the application shall be
8denied. When an applicant's application is denied due to the
9failure to pass the examination within the 3-year period, that
10applicant must undertake an additional course of education as
11defined by rule prior to submitting a new application for
12licensure. Any new application must be accompanied by the
13required fee, evidence of meeting the requirements in force at
14the time of the new application, and evidence of completion of
15the additional course of education prescribed by rule.
16    An applicant may take and successfully complete a
17Department-approved examination in another jurisdiction.
18However, an applicant who has never been licensed previously
19in any jurisdiction that utilizes a Department-approved
20examination and who has taken and failed to pass the
21examination within 3 years after filing the application must
22submit proof of successful completion of a
23Department-authorized nursing education program or
24recompletion of an approved licensed practical nursing program
25prior to re-application.
26    (c) An applicant for licensure by examination shall have

 

 

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1one year from the date of notification of successful
2completion of the examination to apply to the Department for a
3license. If an applicant fails to apply within one year, the
4applicant shall be required to retake and pass the examination
5unless licensed in another jurisdiction of the United States.
6    (d) A licensed practical nurse applicant who passes the
7Department-approved licensure examination and has applied to
8the Department for licensure may obtain employment as a
9license-pending practical nurse and practice as delegated by a
10registered professional nurse or an advanced practice
11registered nurse or physician. An individual may be employed
12as a license-pending practical nurse if all of the following
13criteria 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 practical 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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1practical nurse shall terminate with the occurrence of any of
2the following:
3        (1) Six Three months have passed since the official
4    date of passing the licensure exam as inscribed on the
5    formal written notification indicating passage of the
6    exam. This 6-month 3-month period may be extended as
7    determined by rule.
8        (2) Receipt of the practical nurse license from the
9    Department.
10        (3) Notification from the Department that the
11    application for licensure has been denied.
12        (4) A request by the Department that the individual
13    terminate practicing as a license-pending practical nurse
14    until an official decision is made by the Department to
15    grant or deny a practical nurse license.
16    (f) (Blank).
17    (g) All applicants for practical nurse licensure by
18examination who are graduates of nursing educational programs
19in a country other than the United States or its territories
20shall have their nursing education credentials evaluated by a
21Department-approved nursing credentialing evaluation service.
22No such applicant may be issued a license under this Act unless
23the applicant's program is deemed by the nursing credentialing
24evaluation service to be equivalent to a professional nursing
25education program approved by the Department. An applicant who
26has graduated from a nursing educational program outside of

 

 

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1the United States or its territories and whose first language
2is not English shall submit evidence of English proficiency,
3as defined by rule.
4    (h) (Blank).
5    (i) (Blank).
6    (j) (Blank).
7    (k) (Blank).
8    (l) (Blank).
9    (m) All applicants for practical nurse licensure have 3
10years from the date of application to complete the application
11process. If the process has not been completed within 3 years
12from the date of application, the application shall be denied,
13the fee forfeited, and the applicant must reapply and meet the
14requirements in effect at the time of reapplication.
15(Source: P.A. 100-513, eff. 1-1-18.)
 
16    (225 ILCS 65/60-10)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 60-10. RN licensure by examination.
19    (a) Each applicant who successfully meets the requirements
20of this Section is eligible for licensure as a registered
21professional nurse.
22    (b) An applicant for licensure by examination to practice
23as a registered professional nurse is eligible for licensure
24when the following requirements are met:
25        (1) the applicant has submitted a completed written

 

 

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1    application, on forms provided by the Department, and
2    fees, as established by the Department;
3        (2) the applicant has graduated from a professional
4    nursing education program approved by the Department or
5    has been granted a certificate of completion of
6    pre-licensure requirements from another United States
7    jurisdiction;
8        (3) the applicant has successfully completed a
9    licensure examination approved by the Department;
10        (4) (blank);
11        (5) the applicant has submitted to the criminal
12    history records check required under Section 50-35 of this
13    Act;
14        (6) the applicant has submitted, either to the
15    Department or its designated testing service, a fee
16    covering the cost of providing the examination; failure to
17    appear for the examination on the scheduled date at the
18    time and place specified after the applicant's application
19    for examination has been received and acknowledged by the
20    Department or the designated testing service shall result
21    in the forfeiture of the examination fee; and
22        (7) the applicant has met all other requirements
23    established by the Department by rule.
24    An applicant for licensure by examination may take the
25Department-approved examination in another jurisdiction.
26    (b-3) An applicant who graduates from a professional

 

 

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1nursing program in this State on or after the effective date of
2this amendatory Act of the 103rd General Assembly and does not
3take the licensure examination within 180 days after his or
4her degree is conferred by the institution of higher education
5or fails the licensure examination for a second time shall be
6required to demonstrate proof of completion of a National
7Council Licensure Examination preparatory class or a
8comparable test preparatory program before taking a subsequent
9licensure examination or the graduate may return to the
10institution of higher education from which he or she graduated
11which shall provide remedial educational resources to the
12graduate at no cost to the graduate. Such an applicant must
13contact the institution of higher education from which he or
14she graduated prior to retesting.
15    (b-4) All professional nursing programs in probationary
16status on the effective date of this amendatory Act of the
17103rd General Assembly and subject to a program revision plan
18shall be deemed in good standing for a period of 3 years
19beginning on the effective date of this amendatory Act of the
20103rd General Assembly. Prior to September 1, 2026, no
21professional nursing program shall be placed on probationary
22status for failing to reach a passage rate of less than 75%.
23    (b-5) If an applicant for licensure by examination
24neglects, fails, or refuses to take an examination or fails to
25pass an examination for a license within 3 years of the date of
26initial application, the application shall be denied. When an

 

 

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

 

 

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

 

 

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

 

 

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1    (m) (Blank).
2(Source: P.A. 103-533, eff. 1-1-24.)
 
3    (225 ILCS 65/65-10)  (was 225 ILCS 65/15-13)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 65-10. APRN license-pending license pending status.
6    (a) A graduate of an advanced practice registered nursing
7program may practice in the State of Illinois in the role of
8certified clinical nurse specialist, certified nurse midwife,
9certified nurse practitioner, or certified registered nurse
10anesthetist for not longer than 6 months provided he or she
11submits all of the following:
12        (1) An application for licensure as an advanced
13    practice registered nurse in Illinois and all fees
14    established by rule.
15        (2) Proof of an application to take the national
16    certification examination in the specialty.
17        (3) Proof of completion of a graduate advanced
18    practice education program that allows the applicant to be
19    eligible for national certification in a clinical advanced
20    practice registered nursing specialty and that allows the
21    applicant to be eligible for licensure in Illinois in the
22    area of his or her specialty.
23        (4) Proof that he or she is licensed in Illinois as a
24    registered professional nurse.
25    (b) License-pending License pending status shall preclude

 

 

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1delegation of prescriptive authority.
2    (c) A graduate practicing in accordance with this Section
3must use the title "license-pending license pending certified
4clinical nurse specialist", "license-pending license pending
5certified nurse midwife", "license-pending license pending
6certified nurse practitioner", or "license-pending license
7pending certified registered nurse anesthetist", whichever is
8applicable.
9    (d) A licensed advanced practice registered nurse
10certified as a nurse midwife, clinical nurse specialist, or
11nurse practitioner who files with the Department a notarized
12attestation of completion of at least 250 hours of continuing
13education or training in the advanced practice registered
14nurse's area of certification and at least 4,000 hours of
15clinical experience after first attaining national
16certification and thus having met the requirements to be
17granted full practice authority shall be granted the authority
18to practice as a full practice authority-pending advanced
19practice registered nurse under the supervision of a full
20practice advanced practice registered nurse or a physician for
21a period of 6 months.
22(Source: P.A. 100-513, eff. 1-1-18.)