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90_HB1078
225 ILCS 65/3 from Ch. 111, par. 3503
225 ILCS 65/4 from Ch. 111, par. 3504
225 ILCS 65/6 from Ch. 111, par. 3506
225 ILCS 65/7 from Ch. 111, par. 3507
225 ILCS 65/12 from Ch. 111, par. 3512
Amends the Illinois Nursing Act of 1987. Provides for
practice as an advanced practice registered nurse. Provides
that an advanced practice registered nurse shall hold a
current license to practice as a registered nurse in
Illinois, hold applicable national certification in his or
her nursing specialty, and have completed a post-basic,
advanced formal education program in the area of his or her
nursing specialty. Increases the number of members on the
Committee from 11 to 13. Provides that the 2 additional
members and the 2 members that currently represent advanced
specialty practice shall represent advanced practice nursing.
LRB9001268LDdvA
LRB9001268LDdvA
1 AN ACT to amend the Illinois Nursing Practice Act of 1987
2 by changing Sections 3, 4, 6, 7, and 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Nursing Act of 1987 is amended
6 by changing Sections 3, 4, 6, 7, and 12 as follows:
7 (225 ILCS 65/3) (from Ch. 111, par. 3503)
8 Sec. 3. Each of the following terms, when used in this
9 Act, shall have the meaning ascribed to it in this Section,
10 except where the context clearly indicates otherwise:
11 (a) "Department" means the Department of Professional
12 Regulation;
13 (b) "Director" means the Director of the Department of
14 Professional Regulation;
15 (c) "Committee" means the Committee on Nursing appointed
16 by the Director;
17 (d) "Academic year" means the customary annual schedule
18 of courses at a college, university or approved school,
19 customarily regarded as the school year as distinguished from
20 the calendar year;
21 (e) "Approved program of professional nursing education"
22 and "approved program of practical nursing education" are
23 programs of professional or practical nursing, respectively,
24 approved by the Department under the provisions of this Act;
25 (f) "Nursing Coordinator" means a registered
26 professional nurse appointed by the Director to carry out the
27 administrative policies of the Department;
28 (g) "Assistant Nursing Coordinator" means a registered
29 professional nurse appointed by the Director to assist in
30 carrying out the administrative policies of the Department;
31 (h) "Registered" is the equivalent of "licensed";
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1 (i) "Practical nurse" or "licensed practical nurse"
2 means a person who is licensed as a practical nurse under
3 this Act and practices practical nursing as defined in
4 paragraph (j) of this Section. Only a practical nurse
5 licensed under this Act is entitled to use the title
6 "licensed practical nurse" and the abbreviation "L.P.N.";
7 (j) "Practical nursing" means the performance, for
8 compensation, of acts in the care of the ill, injured, or
9 infirmed, selected by and performed under the direction of a
10 registered professional nurse, licensed physician, dentist,
11 or podiatrist, requiring the basic nursing skill, judgment,
12 and knowledge acquired by means of a completed course of
13 study in an approved practical nursing education program;
14 (k) "Registered Nurse" or "Registered Professional
15 Nurse" means a person who is licensed as a professional nurse
16 under this Act and practices nursing as defined in paragraph
17 (l) of this Section. Only a registered nurse licensed under
18 this Act is entitled to use the titles "registered nurse" and
19 "registered professional nurse" and the abbreviation, "R.N.";
20 (l) "Professional nursing" includes all its specialties,
21 and means the performance for compensation of any nursing
22 act, (1) in the nursing evaluation, observation, care, and
23 counsel of the ill, injured, or infirmed; (2) in the
24 maintenance of health or prevention of illness of others; (3)
25 the administration of medications and treatments as
26 prescribed by a licensed physician, dentist, or podiatrist;
27 or (4) any act in the supervision or teaching of nursing,
28 which requires substantial, specialized judgment and skill
29 the proper performance of which is based on knowledge and
30 application of the principles of biological, physical, and
31 social science acquired by means of a completed course in an
32 approved school of professional nursing. The foregoing shall
33 not be deemed to include those acts of medical diagnosis or
34 prescription of therapeutic or corrective measures which are
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1 properly performed only by physicians licensed in the State
2 of Illinois;
3 (m) "Current nursing practice update course" means a
4 planned nursing education curriculum approved by the
5 Department consisting of activities which have educational
6 objectives, instructional methods, content or subject matter,
7 clinical practice, and evaluation methods, related to basic
8 review and updating content and specifically planned for
9 those nurses previously licensed in the United States or its
10 territories and preparing for reentry into nursing practice;
11 and .
12 (n) "Advanced practice registered nurse" (APRN) means a
13 person who meets the requirements of a registered nurse as
14 well as additional educational and experience requirements
15 provided in this Act and regulations for advanced practice
16 nursing. APRNs care for their patients by:
17 (1) using advanced diagnostic skills, the results
18 of diagnostic tests and procedures ordered by the APRN or
19 others, and independent judgment to initiate and
20 coordinate the care of patients;
21 (2) collaborating and interacting with licensed and
22 other health care professionals in the diagnosis of
23 illness and management of wellness and other conditions
24 as appropriate to the level and area of APRN practice;
25 and
26 (3) ordering diagnostic tests, prescribing,
27 dispensing, and administering drugs, medical,
28 therapeutic, and corrective measures to treat illness,
29 improving health status, or providing preventive care.
30 Advance practice registered nurses include certified
31 nurse midwives (CNM), certified nurse practitioners (CNP),
32 certified registered nurse anesthetists (CRNA), and clinical
33 nurse specialists (CNS).
34 (Source: P.A. 85-981.)
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1 (225 ILCS 65/4) (from Ch. 111, par. 3504)
2 Sec. 4. For the protection of life and the promotion of
3 health, and the prevention of illness and communicable
4 diseases, any person practicing or offering to practice
5 professional and practical nursing in Illinois shall submit
6 evidence that he or she is qualified to practice, and shall
7 be licensed as hereinafter provided. No person shall
8 practice or offer to practice professional or practical
9 nursing in Illinois or use any title, sign, card or device to
10 indicate that such a person is practicing professional or
11 practical nursing unless such person has been licensed under
12 the provisions of this Act.
13 An advanced practice registered nurse shall:
14 (1) hold a current license to practice as a
15 Registered Nurse in Illinois;
16 (2) hold applicable national certification or
17 recertification in his or her nursing speciality
18 according to the policies as defined by the certifying
19 body of his or her nursing speciality; and
20 (3) have completed a post-basic, advanced formal
21 education program in the area of his or her nursing
22 speciality.
23 As of January 1, 2003, new graduates, in addition to
24 meeting the above requirements, shall have a graduate degree
25 and applicable certification in an advanced practice nursing
26 speciality within one year of graduation.
27 This Act does not prohibit the following:
28 (a) The practice of nursing in Federal employment in the
29 discharge of the employee's duties by a person who is
30 employed by the United States government or any bureau,
31 division or agency thereof and is a legally qualified and
32 licensed nurse of another state or territory and not in
33 conflict with Sections 6, 12, 13, and 25 of this Act;
34 (b) Nursing which is included in their program of study
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1 by students enrolled in programs of nursing or in current
2 nurse practice update courses approved by the Department;
3 (c) The furnishing of nursing assistance in an
4 emergency;
5 (d) The practice of nursing by a nurse who holds an
6 active license in another state when providing services to
7 patients in Illinois during a bonafide emergency or in
8 immediate preparation for or during interstate transit;
9 (e) The incidental care of the sick by members of the
10 family, domestic servants or housekeepers, or care of the
11 sick where treatment is by prayer or spiritual means;
12 (f) Persons from being employed as nursing aides,
13 attendants, orderlies and other auxiliary workers in private
14 homes, long term care facilities, nurseries, hospitals or
15 other institutions;
16 (g) The practice of practical nursing by one who has
17 applied in writing to the Department in form and substance
18 satisfactory to the Department, for a license as a licensed
19 practical nurse and has complied with all the provisions
20 under Section 13, except the passing of an examination to be
21 eligible to receive such license, until: the decision of the
22 Department that the applicant has failed to pass the next
23 available examination authorized by the Department, or
24 failed, without an approved excuse, to take the next
25 available examination authorized by the Department, or the
26 withdrawal of the application. No applicant for licensure
27 practicing under the provisions of this paragraph shall
28 practice practical nursing except under the direct
29 supervision of a registered professional nurse licensed under
30 this Act or a licensed physician, dentist or podiatrist. In
31 no instance shall any such applicant practice or be employed
32 in any supervisory capacity;
33 (h) The practice of practical nursing by one who is a
34 licensed practical nurse under the laws of another U.S.
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1 jurisdiction and has applied in writing to the Department, in
2 form and substance satisfactory to the Department, for a
3 license as a licensed practical nurse and who is qualified to
4 receive such license under Section 13, until: (1) the
5 expiration of 6 months after the filing of such written
6 application, or (2) the withdrawal of such application, or
7 (3) the denial of such application by the Department;
8 (i) The practice of professional nursing by one who has
9 applied in writing to the Department in form and substance
10 satisfactory to the Department for a license as a registered
11 professional nurse and has complied with all the provisions
12 under Section 12 except the passing of an examination to be
13 eligible to receive such license until: the decision of the
14 Department that the applicant has failed to pass the next
15 available examination authorized by the Department, or
16 failed, without an approved excuse, to take the next
17 available examination authorized by the Department or the
18 withdrawal of the application. No applicant for licensure
19 practicing under the provisions of this paragraph shall
20 practice professional nursing except under the direct
21 supervision of a registered professional nurse licensed under
22 this Act. In no instance shall any such applicant practice
23 or be employed in any supervisory capacity;
24 (j) The practice of professional nursing by one who is a
25 registered professional nurse under the laws of another
26 state, territory of the United States or Country and has
27 applied in writing to the Department, in form and substance
28 satisfactory to the Department, for a license as a registered
29 professional nurse and who is qualified to receive such
30 license under Section 12, until: (1) the expiration of 12
31 months after the filing of such written application, or (2)
32 the withdrawal of such application, or (3) the denial of such
33 application by the Department;
34 (k) The practice of professional nursing which is
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1 included in a program of study by one who is a registered
2 professional nurse under the laws of another state or
3 territory of the United States or foreign country, territory
4 or province and who is enrolled in a graduate nursing
5 education program or a program for the completion of a
6 baccalaureate nursing degree in this State which program
7 includes clinical supervision by faculty as determined by the
8 educational institution offering the program and the health
9 care organization where the practice of nursing occurs. The
10 educational institution will file with the Department each
11 academic term a list of the names and origin of license of
12 all professional nurses practicing nursing as part of their
13 programs under this provision; or
14 (l) Any person licensed in this State under any other
15 Act from engaging in the practice for which she or he is
16 licensed.
17 An applicant for license practicing under the exceptions
18 set forth in subparagraphs (g), (h), (i), and (j) of this
19 Section shall use the title R.N. Lic. Pend., A.P.R.N. Pend.,
20 or L.P.N. Lic. Pend. respectively and no other.
21 (Source: P.A. 85-981.)
22 (225 ILCS 65/6) (from Ch. 111, par. 3506)
23 Sec. 6. No person shall:
24 (a) Practice professional nursing without a valid
25 license as a registered professional nurse except as provided
26 in paragraphs (i) and (j) of Section 4 of this Act;
27 (b) Practice practical nursing without a valid license
28 as a licensed practical nurse; or practice practical nursing
29 other than under the direction of a licensed physician,
30 licensed dentist, or registered professional nurse; except as
31 provided in paragraphs (g), (h) and (j) of Section 4 of this
32 Act;
33 (c) Practice nursing under cover of any diploma,
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1 license, or record illegally or fraudulently obtained or
2 signed or issued unlawfully or under fraudulent
3 representation;
4 (d) Practice nursing during the time her or his license
5 is suspended, revoked, expired or on inactive status;
6 (e) Use any words, abbreviations, figures, letters,
7 title, sign, card, or device tending to imply that she or he
8 is a registered professional nurse, including the titles or
9 initials, "Registered Nurse," "Professional Nurse,"
10 "Registered Professional Nurse," "Certified Nurse," "Trained
11 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
12 similar titles or initials with intention of indicating
13 practice without a valid license as a registered professional
14 nurse;
15 (f) Use any words, abbreviations figures, letters,
16 title, sign, card, or device tending to imply that she or he
17 is a licensed practical nurse including the titles or
18 initials "Practical Nurse," "Licensed Practical Nurse,"
19 "P.N.," or "L.P.N.," or similar titles or initials with
20 intention of indicated practice as a licensed practical nurse
21 without a valid license as a licensed practical nurse under
22 this Act;
23 (g) Obtain or furnish a license by or for money or any
24 other thing of value other than the fees required by Section
25 23, or by any fraudulent representation or act;
26 (h) Make any wilfully false oath or affirmation required
27 by this Act;
28 (i) Conduct a nursing education program preparing
29 persons for licensure that has not been approved by the
30 Department;
31 (j) Represent that any school or course is approved or
32 accredited as a school or course for the education of
33 registered professional nurses or licensed practical nurses
34 unless such school or course is approved by the Department
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1 under the provisions of this Act;
2 (k) Attempt or offer to do any of the acts enumerated in
3 this Section, or knowingly aid, abet, assist in the doing of
4 any such acts or in the attempt or offer to do any of such
5 acts;
6 (l) Seek employment as a registered professional nurse
7 under the terms of paragraphs (i) and (j) of Section 4 of
8 this Act without possessing a written authorization which has
9 been issued by the Department or designated testing service
10 and which evidences the filing of the written application
11 referred to in paragraph (i) and (j) of Section 4 of this
12 Act;
13 (m) Seek employment as a licensed practical nurse under
14 the terms of paragraphs (g) and (h) of Section 4 of this Act
15 without possessing a written authorization which has been
16 issued by the Department or designated testing service and
17 which evidences the filing of the written application
18 referred to in paragraph (g) and (h) of Section 4 of this
19 Act;
20 (n) Employ or utilize persons not licensed under this
21 Act to practice professional nursing or practical nursing;
22 and
23 (o) Otherwise intentionally violate any provision of
24 this Act; and.
25 (p) Use any words, abbreviations, figures, letters,
26 title, sign, card, or device tending to imply that he or she
27 is an advanced practice nurse, including the titles or
28 initials, "Advanced Practice Registered Nurse", "Certified
29 Nurse Midwife", "Certified Nurse Practitioner", "Certified
30 Registered Nurse Anesthetist", "Clinical Nurse Specialist",
31 "A.P.R.N.", "C.N.M.", "C.N.P.", "C.R.N.A.", "C.N.S.", or
32 similar titles or initials with intention of indicating
33 practice without meeting the requirements herein as an
34 advanced practice registered nurse.
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1 Any person, including a firm, association or corporation
2 who violates any provision of this Section shall be guilty of
3 a Class A misdemeanor.
4 (Source: P.A. 85-981.)
5 (225 ILCS 65/7) (from Ch. 111, par. 3507)
6 Sec. 7. (a) The Director shall appoint the Committee
7 which shall be composed of 11 9 registered professional
8 nurses, 2 licensed practical nurses and one public member who
9 shall be a non-voting member and who is not a licensed health
10 care provider. Three registered nurses shall hold at least a
11 master's degree in nursing and be educators in professional
12 nursing programs, one representing baccalaureate nursing
13 education, one representing associate degree nursing
14 education, and one representing diploma education; one
15 registered nurse shall hold at least a bachelor's degree with
16 a major in nursing and be an educator in a licensed practical
17 nursing program; one registered nurse shall hold a master's
18 degree in nursing and shall represent nursing service
19 administration; 2 registered nurses shall represent clinical
20 nursing practice, one of whom shall have at least a master's
21 degree in nursing; and 4 2 registered nurses shall represent
22 advanced practice nursing, with one nurse representing
23 clinical nurse specialists, one nurse representing certified
24 nurse midwives, one nurse representing certified nurse
25 practitioners, and one nurse representing certified
26 registered nurse anesthetists advanced specialty practice.
27 Each of the 11 nurses shall have had a minimum of 5 years
28 experience in nursing, three of which shall be in the area
29 they represent on the committee and be actively engaged in
30 the area of nursing they represent at the time of appointment
31 and during their tenure on the Committee. Members shall be
32 appointed for a term of 3 years. No member shall be eligible
33 for appointment to more than 2 consecutive terms and any
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1 appointment to fill a vacancy shall be for the unexpired
2 portion of the term. In making Committee appointments, the
3 Director shall give consideration to recommendations
4 submitted by nursing organizations. Consideration shall be
5 given to equal geographic representation. The Committee
6 shall receive actual and necessary expenses incurred in the
7 performance of their duties.
8 In making the initial appointments, the Director shall
9 appoint all new members for terms of 2, 3 and 4 years and
10 such terms shall be staggered as follows: 3 shall be
11 appointed for terms of 2 years; 3 shall be appointed for
12 terms of 3 years, and 3 shall be appointed for terms of 4
13 years. However, such appointment shall be made in a manner
14 so that each member appointed prior to January 1, 1987, whose
15 current appointed term has not expired, will be allowed to
16 serve out the remainder of his or her term.
17 The Director may remove any member of the committee for
18 misconduct, incapacity or neglect of duty. The Director
19 shall reduce to writing any causes for removal.
20 The Committee shall meet annually to elect a chairperson
21 and vice chairperson. The Committee may hold such other
22 meetings during the year as may be necessary to conduct its
23 business. Six voting members of the Committee shall
24 constitute a quorum at any meeting. Any action taken by the
25 Committee must be on the affirmative vote of 6 members.
26 Voting by proxy shall not be permitted.
27 The Committee shall submit an annual report to the
28 Director.
29 The members of the Committee shall be immune from suit in
30 any action based upon any disciplinary proceedings or other
31 acts performed in good faith as members of the Committee.
32 (b) The Committee is authorized to:
33 (1) recommend the adoption and, from time to time,
34 the revision of such rules and regulations which may be
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1 necessary to carry out the provisions of this Act;
2 (2) conduct hearings and disciplinary conferences
3 upon charges calling for discipline of a licensee as
4 provided in Section 25;
5 (3) report to the Department, upon completion of a
6 hearing, the disciplinary actions recommended to be taken
7 against persons violating this Act;
8 (4) recommend the approval, denial of approval,
9 withdrawal of approval, or discipline of nursing
10 education programs;
11 (5) participate in a national organization of state
12 boards of nursing; and
13 (6) recommend a list of the registered nurses to
14 serve as nursing coordinator and assistant nursing
15 coordinator respectively.
16 (Source: P.A. 87-268.)
17 (225 ILCS 65/12) (from Ch. 111, par. 3512)
18 Sec. 12. The Department shall issue a license to a
19 person qualified for licensure as a registered professional
20 nurse if that person:
21 (a) has applied in writing in form and substance
22 acceptable to the Department and has not violated the
23 provisions of Section 25 of this Act. The Department may
24 take into consideration any felony conviction of the
25 applicant, but such a conviction shall not operate as an
26 absolute bar to licensure;
27 (b) has completed an approved professional nursing
28 education program of not less than 2 academic years and
29 has graduated from the program;
30 (c) has satisfactorily completed an examination
31 authorized by the Department; and
32 (d) has paid the required fees.
33 An applicant who received her or his nursing education in
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1 a country other than the United States or its territories
2 shall be required to submit to the Department certification
3 of successful completion of the Commission of Graduates of
4 Foreign Nursing Schools (CGFNS) Examination. An applicant
5 who is unable to provide appropriate documentation to satisfy
6 CGFNS of her or his educational qualifications for the CGFNS
7 examination shall be required to pass an examination to test
8 competency in the English language which shall be prescribed
9 by the Department, if determined by the Committee to be
10 educationally prepared in nursing.
11 An applicant licensed in another State or territory who
12 is applying for licensure and has received his or her
13 education in a country other than the United States or its
14 territories shall be exempt from completion of the Commission
15 of Graduates of Foreign Nursing Schools (CGFNS) Examination
16 if the applicant meets all of the following requirements:
17 (1) successful passage of the examination
18 authorized by the Department;
19 (2) holds an active, unencumbered license in
20 another state; and
21 (3) has been actively practicing for a minimum of 2
22 years in the other state.
23 The Committee shall make appropriate inquiry into the
24 reasons for any adverse determination by CGFNS before making
25 its own decision.
26 The Department shall keep a separate accounting of
27 advance practice registered nurses and their license shall
28 indicate "RN/APRN".
29 (Source: P.A. 88-218.)