Full Text of HB2509 103rd General Assembly
HB2509 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2509 Introduced 2/15/2023, by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: |
| 225 ILCS 65/60-5 | | 225 ILCS 65/60-10 | |
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Amends the Nurse Practice Act. Provides that the Board of Nursing shall review and make a recommendation for the approval or disapproval of a program by the Department of Financial and Professional Regulation based on, among other criteria, a measurement of program effectiveness based on a passage rate of all graduates over the 3 most recent calendar years without reference to first-time test takers. Provides that a graduate who does not take an examination for licensure within the first 90 days after graduation and a graduate who has failed the exam will be required to return to the institution of higher education for remediation prior to repeating or taking the exam. Provides that a graduate may retake the exam only after the institution of higher education provides approval once remediation has been successfully completed. Provides that institutional approval to retake expires 6 months after issuance of the approval to retake. Provides that a graduate with an expired approval is required to repeat the remediation and reapproval process.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 60-5 and 60-10 as follows: | 6 | | (225 ILCS 65/60-5) | 7 | | (Section scheduled to be repealed on January 1, 2028)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 | 9 | | programs. | 10 | | (a) All registered professional nurse education programs | 11 | | must be reviewed by the Board and approved by the Department | 12 | | before the successful completion of such a program may be | 13 | | applied toward meeting the requirements for registered | 14 | | professional nurse licensure under this Act. Any program | 15 | | changing the level of educational preparation or the | 16 | | relationship with or to the parent institution or establishing | 17 | | an extension of an existing program must request a review by | 18 | | the Board and approval by the Department. The Board shall | 19 | | review and make a recommendation for the approval or | 20 | | disapproval of a program by the Department based on the | 21 | | following criteria: | 22 | | (1) a feasibility study that describes the need for | 23 | | the program and the facilities used, the potential of the |
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| 1 | | program to recruit faculty and students, financial support | 2 | | for the program, and other criteria, as established by | 3 | | rule; | 4 | | (2) program curriculum that meets all State | 5 | | requirements; | 6 | | (2.5) measurement of program effectiveness based on a | 7 | | passage rate of all graduates over the 3 most recent | 8 | | calendar years without reference to first-time test | 9 | | takers; | 10 | | (3) the administration of the program by a Nurse | 11 | | Administrator and the involvement of a Nurse Administrator | 12 | | in the development of the program; | 13 | | (4) the occurrence of a site visit prior to approval; | 14 | | and | 15 | | (5) beginning December 31, 2022, obtaining and | 16 | | maintaining programmatic accreditation by a national | 17 | | accrediting body for nursing education recognized by the | 18 | | United States Department of Education and approved by the | 19 | | Department. | 20 | | The Department and Board of Nursing shall be notified | 21 | | within 30 days if the program loses its accreditation. The | 22 | | Department may adopt rules regarding a warning process and | 23 | | reaccreditation. | 24 | | (b) In order to obtain initial Department approval and to | 25 | | maintain Department approval, a registered professional | 26 | | nursing program must meet all of the following requirements: |
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| 1 | | (1) The institution responsible for conducting the | 2 | | program and the Nurse Administrator must ensure that | 3 | | individual faculty members are academically and | 4 | | professionally competent. | 5 | | (2) The program curriculum must contain all applicable | 6 | | requirements established by rule, including both theory | 7 | | and clinical components. | 8 | | (3) The passage rates of the program's graduating | 9 | | classes on the State-approved licensure exam must be | 10 | | deemed satisfactory by the Department. | 11 | | (c) Program site visits to an institution conducting or | 12 | | hosting a professional nursing program may be made at the | 13 | | discretion of the Nursing Coordinator or upon recommendation | 14 | | of the Board. Full routine site visits may be conducted by the | 15 | | Department for periodic evaluation. Such visits shall be used | 16 | | to determine compliance with this Act. Full routine site | 17 | | visits must be announced and may be waived at the discretion of | 18 | | the Department if the program maintains accreditation with an | 19 | | accrediting body recognized by the United States Department of | 20 | | Education and approved by the Department. | 21 | | (d) Any institution conducting a registered professional | 22 | | nursing program that wishes to discontinue the program must do | 23 | | each of the following: | 24 | | (1) Notify the Department, in writing, of its intent | 25 | | to discontinue the program. | 26 | | (2) Continue to meet the requirements of this Act and |
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| 1 | | the rules adopted thereunder until the official date of | 2 | | termination of the program. | 3 | | (3) Notify the Department of the date on which the | 4 | | last student shall graduate from the program and the | 5 | | program shall terminate. | 6 | | (4) Assist remaining students in the continuation of | 7 | | their education in the event of program termination prior | 8 | | to the graduation of the program's final student. | 9 | | (5) Upon the closure of the program, notify the | 10 | | Department, in writing, of the location of student and | 11 | | graduate records' storage. | 12 | | (e) Out-of-State registered professional nursing education | 13 | | programs planning to offer clinical practice experiences in | 14 | | this State must meet the requirements set forth in this | 15 | | Section and must meet the clinical and faculty requirements | 16 | | for institutions outside of this State, as established by | 17 | | rule. The institution responsible for conducting an | 18 | | out-of-State registered professional nursing education program | 19 | | and the administrator of the program shall be responsible for | 20 | | ensuring that the individual faculty and preceptors overseeing | 21 | | the clinical experience are academically and professionally | 22 | | competent.
| 23 | | (Source: P.A. 100-513, eff. 1-1-18 .) | 24 | | (225 ILCS 65/60-10) | 25 | | (Section scheduled to be repealed on January 1, 2028)
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| 1 | | Sec. 60-10. RN licensure by examination. | 2 | | (a) Each applicant who successfully meets the requirements | 3 | | of this Section is eligible for licensure as a registered | 4 | | professional nurse. | 5 | | (b) An applicant for licensure by examination to practice | 6 | | as a registered professional nurse is eligible for licensure | 7 | | when the following requirements are met: | 8 | | (1) the applicant has submitted a completed written | 9 | | application, on forms provided by the Department, and | 10 | | fees, as established by the Department; | 11 | | (2) the applicant has graduated from a professional | 12 | | nursing education program approved by the Department or | 13 | | has been granted a certificate of completion of | 14 | | pre-licensure requirements from another United States | 15 | | jurisdiction; | 16 | | (3) the applicant has successfully completed a | 17 | | licensure examination approved by the Department; | 18 | | (4) (blank); | 19 | | (5) the applicant has submitted to the criminal | 20 | | history records check required under Section 50-35 of this | 21 | | Act; | 22 | | (6) the applicant has submitted, either to the | 23 | | Department or its designated testing service, a fee | 24 | | covering the cost of providing the examination; failure to | 25 | | appear for the examination on the scheduled date at the | 26 | | time and place specified after the applicant's application |
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| 1 | | for examination has been received and acknowledged by the | 2 | | Department or the designated testing service shall result | 3 | | in the forfeiture of the examination fee; and | 4 | | (7) the applicant has met all other requirements | 5 | | established by the Department by rule.
| 6 | | An applicant for licensure by examination may take the | 7 | | Department-approved examination in another jurisdiction. | 8 | | (b-5) If an applicant for licensure by examination | 9 | | neglects, fails, or refuses to take an examination or fails to | 10 | | pass an examination for a license within 3 years of the date of | 11 | | initial application, the application shall be denied. When an | 12 | | applicant's application is denied due to the failure to pass | 13 | | the examination within the 3-year period, that applicant must | 14 | | undertake an additional course of education as defined by rule | 15 | | prior to submitting a new application for licensure. Any new | 16 | | application must be accompanied by the required fee, evidence | 17 | | of meeting the requirements in force at the time of the new | 18 | | application, and evidence of completion of the additional | 19 | | course of education prescribed by rule. | 20 | | A graduate who does not take an examination for licensure | 21 | | within the first 90 days after graduation and a graduate who | 22 | | has failed the exam will be required to return to the | 23 | | institution of higher education for remediation prior to | 24 | | repeating or taking the exam. A graduate may retake the exam | 25 | | only after the institution of higher education provides | 26 | | approval once remediation has been successfully completed. |
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| 1 | | Institutional approval to retake expires 6 months after | 2 | | issuance of the approval to retake. A graduate with an expired | 3 | | approval is required to repeat the remediation and reapproval | 4 | | process. | 5 | | (c) An applicant for licensure by examination shall have | 6 | | one year after the date of notification of the successful | 7 | | completion of the examination to apply to the Department for a | 8 | | license. If an applicant fails to apply within one year, the | 9 | | applicant shall be required to retake and pass the examination | 10 | | unless licensed in another jurisdiction of the United States. | 11 | | (d) An applicant for licensure by examination who passes | 12 | | the Department-approved licensure examination for professional | 13 | | nursing may obtain employment as a license-pending registered | 14 | | nurse and practice under the direction of a registered | 15 | | professional nurse or an advanced practice registered nurse | 16 | | until such time as he or she receives his or her license to | 17 | | practice or until the license is denied. In no instance shall | 18 | | any such applicant practice or be employed in any management | 19 | | capacity. An individual may be employed as a license-pending | 20 | | registered nurse if all of the following criteria are met: | 21 | | (1) He or she has completed and passed the | 22 | | Department-approved licensure exam and presents to the | 23 | | employer the official written notification indicating | 24 | | successful passage of the licensure examination. | 25 | | (2) He or she has completed and submitted to the | 26 | | Department an application for licensure under this Section |
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| 1 | | as a registered professional nurse. | 2 | | (3) He or she has submitted the required licensure | 3 | | fee. | 4 | | (4) He or she has met all other requirements | 5 | | established by rule, including having submitted to a | 6 | | criminal history records check. | 7 | | (e) The privilege to practice as a license-pending | 8 | | registered nurse shall terminate with the occurrence of any of | 9 | | the following: | 10 | | (1) Three months have passed since the official date | 11 | | of passing the licensure exam as inscribed on the formal | 12 | | written notification indicating passage of the exam. The | 13 | | 3-month license pending period may be extended if more | 14 | | time is needed by the Department to process the licensure | 15 | | application. | 16 | | (2) Receipt of the registered professional nurse | 17 | | license from the Department. | 18 | | (3) Notification from the Department that the | 19 | | application for licensure has been refused. | 20 | | (4) A request by the Department that the individual | 21 | | terminate practicing as a license-pending registered nurse | 22 | | until an official decision is made by the Department to | 23 | | grant or deny a registered professional nurse license. | 24 | | (f) (Blank). | 25 | | (g) (Blank). | 26 | | (h) (Blank). |
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| 1 | | (i) (Blank). | 2 | | (j) (Blank). | 3 | | (k) All applicants for registered professional nurse | 4 | | licensure have 3 years after the date of application to | 5 | | complete the application process. If the process has not been | 6 | | completed within 3 years after the date of application, the | 7 | | application shall be denied, the fee forfeited, and the | 8 | | applicant must reapply and meet the requirements in effect at | 9 | | the time of reapplication. | 10 | | (l) All applicants for registered nurse licensure by | 11 | | examination who are graduates of practical nursing educational | 12 | | programs in a country other than the United States and its | 13 | | territories shall have their nursing education credentials | 14 | | evaluated by a Department-approved nursing credentialing | 15 | | evaluation service. No such applicant may be issued a license | 16 | | under this Act unless the applicant's program is deemed by the | 17 | | nursing credentialing evaluation service to be equivalent to a | 18 | | professional nursing education program approved by the | 19 | | Department. An applicant who has graduated from a nursing | 20 | | educational program outside of the United States or its | 21 | | territories and whose first language is not English shall | 22 | | submit evidence of English proficiency, as defined by rule. | 23 | | (m) (Blank).
| 24 | | (Source: P.A. 100-513, eff. 1-1-18 .)
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