Full Text of HB5155 103rd General Assembly
HB5155ham001 103RD GENERAL ASSEMBLY | Rep. Eva-Dina Delgado Filed: 3/27/2024 | | 10300HB5155ham001 | | LRB103 37838 RTM 71400 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5155
| 2 | | AMENDMENT NO. ______. Amend House Bill 5155 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 60-5 and 60-10 and by adding Section 60-7 as follows: | 6 | | (225 ILCS 65/60-5) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 60-5.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 |
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| 1 | | an extension of an existing program must request a review by | 2 | | the Board and approval by the Department. The Board shall | 3 | | review and make a recommendation for the approval or | 4 | | disapproval of a program by the Department based on the | 5 | | following 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) whether the program satisfies one of the | 14 | | criteria for program effectiveness set forth in subsection | 15 | | (a) of Section 60-7 measurement of program effectiveness | 16 | | based on a passage rate of all graduates over the 3 most | 17 | | recent calendar years without reference to first-time test | 18 | | takers ; | 19 | | (3) the administration of the program by a Nurse | 20 | | Administrator and the involvement of a Nurse Administrator | 21 | | in the development of the program; | 22 | | (4) the occurrence of a site visit prior to approval; | 23 | | and | 24 | | (5) beginning December 31, 2022, obtaining and | 25 | | maintaining programmatic accreditation by a national | 26 | | accrediting body for nursing education recognized by the |
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| 1 | | United States Department of Education and approved by the | 2 | | Department. | 3 | | The Department and Board of Nursing shall be notified | 4 | | within 30 days if the program loses its accreditation. The | 5 | | Department may adopt rules regarding a warning process and | 6 | | reaccreditation. | 7 | | (b) In order to obtain initial Department approval and to | 8 | | maintain Department approval, a registered professional | 9 | | nursing program must meet all of the following requirements: | 10 | | (1) The institution responsible for conducting the | 11 | | program and the Nurse Administrator must ensure that | 12 | | individual faculty members are academically and | 13 | | professionally competent. | 14 | | (2) The program curriculum must contain all applicable | 15 | | requirements established by rule, including both theory | 16 | | and clinical components. | 17 | | (3) The passage rates of the program's graduating | 18 | | classes on the State-approved licensure exam must meet one | 19 | | of the measurements of program effectiveness set forth in | 20 | | subsection (a) of Section 60-7 be deemed satisfactory by | 21 | | the Department . | 22 | | On and after the effective date of this amendatory Act of | 23 | | the 103rd General Assembly, a registered professional nurse | 24 | | education program meeting one of the measurements of program | 25 | | effectiveness referenced in subsection (a) of Section 60-7 of | 26 | | this Act, as submitted to the Board each February 15 shall be |
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| 1 | | deemed to be in good standing. | 2 | | (c) Program site visits to an institution conducting or | 3 | | hosting a professional nursing program may be made at the | 4 | | discretion of the Nursing Coordinator or upon recommendation | 5 | | of the Board. Full routine site visits may be conducted by the | 6 | | Department for periodic evaluation. Such visits shall be used | 7 | | to determine compliance with this Act. Full routine site | 8 | | visits must be announced and may be waived at the discretion of | 9 | | the Department if the program maintains accreditation with an | 10 | | accrediting body recognized by the United States Department of | 11 | | Education and approved by the Department. | 12 | | (d) Any institution conducting a registered professional | 13 | | nursing program that wishes to discontinue the program must do | 14 | | each of the following: | 15 | | (1) Notify the Department, in writing, of its intent | 16 | | to discontinue the program. | 17 | | (2) Continue to meet the requirements of this Act and | 18 | | the rules adopted thereunder until the official date of | 19 | | termination of the program. | 20 | | (3) Notify the Department of the date on which the | 21 | | last student shall graduate from the program and the | 22 | | program shall terminate. | 23 | | (4) Assist remaining students in the continuation of | 24 | | their education in the event of program termination prior | 25 | | to the graduation of the program's final student. | 26 | | (5) Upon the closure of the program, notify the |
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| 1 | | Department, in writing, of the location of student and | 2 | | graduate records' storage. | 3 | | (e) Out-of-State registered professional nursing education | 4 | | programs planning to offer clinical practice experiences in | 5 | | this State must meet the requirements set forth in this | 6 | | Section and must meet the clinical and faculty requirements | 7 | | for institutions outside of this State, as established by | 8 | | rule. The institution responsible for conducting an | 9 | | out-of-State registered professional nursing education program | 10 | | and the administrator of the program shall be responsible for | 11 | | ensuring that the individual faculty and preceptors overseeing | 12 | | the clinical experience are academically and professionally | 13 | | competent. | 14 | | (Source: P.A. 103-533, eff. 1-1-24 .) | 15 | | (225 ILCS 65/60-7 new) | 16 | | Sec. 60-7. Registered professional nurse education program | 17 | | effectiveness. | 18 | | (a) The measurement of a registered professional nurse | 19 | | education program's effectiveness is determined by whether the | 20 | | program's: | 21 | | (1) most recent annual pass rate on a State-approved | 22 | | licensure examination is 75% or greater for all first-time | 23 | | test-takers; or | 24 | | (2) average pass rate on a State-approved licensure | 25 | | examination for the 3 most recent years is 75% or greater |
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| 1 | | for all first-time test-takers. | 2 | | (b) Outliers may be removed when calculating | 3 | | State-approved licensure examination pass rates. A registered | 4 | | professional nurse education program shall be responsible for | 5 | | tracking outliers. If a professional nurse education program | 6 | | elects to remove outliers when calculating State-approved | 7 | | licensure examination pass rates, then the professional nurse | 8 | | education program must provide the Department with a roster of | 9 | | removed outliers and the documentation necessary to confirm | 10 | | each outlier's status as an outlier. | 11 | | In this subsection, "outlier" means a graduate of a | 12 | | professional nurse education program who does not take a | 13 | | State-approved licensure examination within 180 days of | 14 | | graduating a professional nurse education program. | 15 | | (c) A registered professional nurse education program is | 16 | | responsible for calculating the passage rate of the program's | 17 | | graduates. The registered professional nurse education program | 18 | | must submit a calculation of the passage rate of the program's | 19 | | graduates and supporting documentation, which includes an | 20 | | attestation of how the program arrived at its passage rate, to | 21 | | the Board and the Department on February 15 of each year. | 22 | | (225 ILCS 65/60-10) | 23 | | (Section scheduled to be repealed on January 1, 2028) | 24 | | Sec. 60-10. RN licensure by examination. | 25 | | (a) Each applicant who successfully meets the requirements |
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| 1 | | of this Section is eligible for licensure as a registered | 2 | | professional nurse. | 3 | | (b) An applicant for licensure by examination to practice | 4 | | as a registered professional nurse is eligible for licensure | 5 | | when the following requirements are met: | 6 | | (1) the applicant has submitted a completed written | 7 | | application, on forms provided by the Department, and | 8 | | fees, as established by the Department; | 9 | | (2) the applicant has graduated from a professional | 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 the Department by rule. | 4 | | An applicant for licensure by examination may take the | 5 | | Department-approved examination in another jurisdiction. | 6 | | (b-3) An applicant who graduates from a professional | 7 | | nursing program in this State on or after January 1, 2024 ( the | 8 | | effective date of Public Act 103-533) this amendatory Act of | 9 | | the 103rd General Assembly and does not take the licensure | 10 | | examination within 180 days after his or her degree is | 11 | | conferred by the institution of higher education or fails the | 12 | | licensure examination for a second time shall be required to | 13 | | demonstrate proof of completion of a National Council | 14 | | Licensure Examination preparatory class or a comparable test | 15 | | preparatory program before taking a subsequent licensure | 16 | | examination or the graduate may return to the institution of | 17 | | higher education from which he or she graduated which shall | 18 | | provide remedial educational resources to the graduate at no | 19 | | cost to the graduate. Such an applicant must contact the | 20 | | institution of higher education from which he or she graduated | 21 | | prior to retesting. | 22 | | (b-4) (Blank) | | | . All professional nursing programs in | 23 | | probationary status on the effective date of this amendatory | 24 | | Act of the 103rd General Assembly and subject to a program | 25 | | revision plan shall be deemed in good standing for a period of | 26 | | 3 years beginning on the effective date of this amendatory Act |
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| 1 | | of the 103rd General Assembly. Prior to September 1, 2026, no | 2 | | professional nursing program shall be placed on probationary | 3 | | status for failing to reach a passage rate of less than 75%. | 4 | | (b-5) If an applicant for licensure by examination | 5 | | neglects, fails, or refuses to take an examination or fails to | 6 | | pass an examination for a license within 3 years of the date of | 7 | | initial application, the application shall be denied. When an | 8 | | applicant's application is denied due to the failure to pass | 9 | | the examination within the 3-year period, that applicant must | 10 | | undertake an additional course of education as defined by rule | 11 | | prior to submitting a new application for licensure. Any new | 12 | | application must be accompanied by the required fee, evidence | 13 | | of meeting the requirements in force at the time of the new | 14 | | application, and evidence of completion of the additional | 15 | | course of education prescribed by rule. | 16 | | (c) An applicant for licensure by examination shall have | 17 | | one year after the date of notification of the successful | 18 | | completion of the examination to apply to the Department for a | 19 | | license. If an applicant fails to apply within one year, the | 20 | | applicant shall be required to retake and pass the examination | 21 | | unless licensed in another jurisdiction of the United States. | 22 | | (d) An applicant for licensure by examination who passes | 23 | | the Department-approved licensure examination for professional | 24 | | nursing may obtain employment as a license-pending registered | 25 | | nurse and practice under the direction of a registered | 26 | | professional nurse or an advanced practice registered nurse |
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| 1 | | until such time as he or she receives his or her license to | 2 | | practice or until the license is denied. In no instance shall | 3 | | any such applicant practice or be employed in any management | 4 | | capacity. An individual may be employed as a license-pending | 5 | | registered nurse if all of the following criteria are met: | 6 | | (1) He or she has completed and passed the | 7 | | Department-approved licensure exam and presents to the | 8 | | employer the official written notification indicating | 9 | | successful passage of the licensure examination. | 10 | | (2) He or she has completed and submitted to the | 11 | | Department an application for licensure under this Section | 12 | | as a registered professional nurse. | 13 | | (3) He or she has submitted the required licensure | 14 | | fee. | 15 | | (4) He or she has met all other requirements | 16 | | established by rule, including having submitted to a | 17 | | criminal history records check. | 18 | | (e) The privilege to practice as a license-pending | 19 | | registered nurse shall terminate with the occurrence of any of | 20 | | the following: | 21 | | (1) Three months have passed since the official date | 22 | | of passing the licensure exam as inscribed on the formal | 23 | | written notification indicating passage of the exam. The | 24 | | 3-month license pending period may be extended if more | 25 | | time is needed by the Department to process the licensure | 26 | | application. |
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| 1 | | (2) Receipt of the registered professional nurse | 2 | | license from the Department. | 3 | | (3) Notification from the Department that the | 4 | | application for licensure has been refused. | 5 | | (4) A request by the Department that the individual | 6 | | terminate practicing as a license-pending registered nurse | 7 | | until an official decision is made by the Department to | 8 | | grant or deny a registered professional nurse license. | 9 | | (f) (Blank). | 10 | | (g) (Blank). | 11 | | (h) (Blank). | 12 | | (i) (Blank). | 13 | | (j) (Blank). | 14 | | (k) All applicants for registered professional nurse | 15 | | licensure have 3 years after the date of application to | 16 | | complete the application process. If the process has not been | 17 | | completed within 3 years after the date of application, the | 18 | | application shall be denied, the fee forfeited, and the | 19 | | applicant must reapply and meet the requirements in effect at | 20 | | the time of reapplication. | 21 | | (l) All applicants for registered nurse licensure by | 22 | | examination who are graduates of practical nursing educational | 23 | | programs in a country other than the United States and its | 24 | | territories shall have their nursing education credentials | 25 | | evaluated by a Department-approved nursing credentialing | 26 | | evaluation service. No such applicant may be issued a license |
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| 1 | | under this Act unless the applicant's program is deemed by the | 2 | | nursing credentialing evaluation service to be equivalent to a | 3 | | professional nursing education program approved by the | 4 | | Department. An applicant who has graduated from a nursing | 5 | | educational program outside of the United States or its | 6 | | territories and whose first language is not English shall | 7 | | submit evidence of English proficiency, as defined by rule. | 8 | | (m) (Blank). | 9 | | (Source: P.A. 103-533, eff. 1-1-24 .)". |
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