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90_HB1079 225 ILCS 65/3 from Ch. 111, par. 3503 225 ILCS 65/4 from Ch. 111, par. 3504 Amends the Illinois Nursing Act of 1987. Deletes the definition of professional nursing and replaces it with a definition of registered professional nursing practice, which means the performance of any nursing act based upon professional knowledge, judgment, and skills acquired by means of completion of an approved registered professional nursing education program. Changes the definition of practical nursing to mean the performance of nursing acts requiring the basic nursing knowledge, judgment, and skill acquired by means of completion of an approved practical nursing education program. LRB9001266LDdv LRB9001266LDdv 1 AN ACT to amend the Illinois Nursing Act of 1987 by 2 changing Sections 3 and 4. 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 and 4 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"; -2- LRB9001266LDdv 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, for8compensation,of nursing acts requiring the basic nursing 9 knowledge, judgement, and skill acquired by means of 10 completion of an approved practical nursing education 11 program. Practical nursing includes assisting in the nursing 12 process as delegated by and under the direction of a 13 registered professional nurse. The practical nurse may work 14 under the direction of a licensed physician, dentist, or 15 podiatristin the care of the ill, injured, or infirmed,16selected by and performed under the direction of a registered17professional nurse, licensed physician, dentist, or18podiatrist, requiring the basic nursing skill, judgment, and19knowledge acquired by means of a completed course of study in20an approved practical nursing education program; 21 (k) "Registered Nurse" or "Registered Professional 22 Nurse" means a person who is licensed as a professional nurse 23 under this Act and practices nursing as defined in paragraph 24 (l) of this Section. Only a registered nurse licensed under 25 this Act is entitled to use the titles "registered nurse" and 26 "registered professional nurse" and the abbreviation, "R.N."; 27 (l) (Blank)."Professional nursing" includes all its28specialties, and means the performance for compensation of29any nursing act, (1) in the nursing evaluation, observation,30care, and counsel of the ill, injured, or infirmed; (2) in31the maintenance of health or prevention of illness of others;32(3) the administration of medications and treatments as33prescribed by a licensed physician, dentist, or podiatrist;34or (4) any act in the supervision or teaching of nursing,-3- LRB9001266LDdv 1which requires substantial, specialized judgment and skill2the proper performance of which is based on knowledge and3application of the principles of biological, physical, and4social science acquired by means of a completed course in an5approved school of professional nursing. The foregoing shall6not be deemed to include those acts of medical diagnosis or7prescription of therapeutic or corrective measures which are8properly performed only by physicians licensed in the State9of Illinois; and10 (m) "Current nursing practice update course" means a 11 planned nursing education curriculum approved by the 12 Department consisting of activities which have educational 13 objectives, instructional methods, content or subject matter, 14 clinical practice, and evaluation methods, related to basic 15 review and updating content and specifically planned for 16 those nurses previously licensed in the United States or its 17 territories and preparing for reentry into nursing practice; 18 and.19 (n) "Registered professional nursing practice" includes 20 all nursing specialities and means the performance of any 21 nursing act based upon professional knowledge, judgement, and 22 skills acquired by means of completion of an approved 23 registered professional nursing education program. A 24 registered professional nurse provides holistic nursing care 25 through the nursing process to individuals, groups, families, 26 or communities, that includes but is not limited to: (1) the 27 assessment of healthcare needs, diagnosis, planning, 28 implementation, and evaluation; (2) the promotion, 29 maintenance, and restoration of health; (3) counseling, 30 patient education, health education, and patient advocacy; 31 (4) the administration of medications and treatments as 32 prescribed by a person so authorized by State law; (5) the 33 coordination and management of the nursing plan of care; (6) 34 the delegation to and supervision of individuals who assist -4- LRB9001266LDdv 1 the registered professional nurse implementing the plan of 2 care; and (7) teaching and supervision of nursing students. 3 (Source: P.A. 85-981.) 4 (225 ILCS 65/4) (from Ch. 111, par. 3504) 5 Sec. 4. For the protection of life and the promotion of 6 health, and the prevention of illness and communicable 7 diseases, any person practicing or offering to practice 8 professional and practical nursing in Illinois shall submit 9 evidence that he or she is qualified to practice, and shall 10 be licensed as hereinafter provided. No person shall 11 practice or offer to practice professional or practical 12 nursing in Illinois or use any title, sign, card or device to 13 indicate that such a person is practicing professional or 14 practical nursing unless such person has been licensed under 15 the provisions of this Act. 16 This Act does not prohibit the following: 17 (a) The practice of nursing in Federal employment in the 18 discharge of the employee's duties by a person who is 19 employed by the United States government or any bureau, 20 division or agency thereof and is a legally qualified and 21 licensed nurse of another state or territory and not in 22 conflict with Sections 6, 12, 13, and 25 of this Act; 23 (b) Nursing which is included in their program of study 24 by students enrolled in programs of nursing or in current 25 nurse practice update courses approved by the Department; 26 (c) The furnishing of nursing assistance in an 27 emergency; 28 (d) The practice of nursing by a nurse who holds an 29 active license in another state when providing services to 30 patients in Illinois during a bonafide emergency or in 31 immediate preparation for or during interstate transit; 32 (e) The incidental care of the sick by members of the 33 family, domestic servants or housekeepers, or care of the -5- LRB9001266LDdv 1 sick where treatment is by prayer or spiritual means; 2 (f) Persons from being employed to assist a nurse. 3 These persons shall meet the requirements set forth by the 4 Department of Professional Regulation and the Illinois 5 Department of Public Healthas nursing aides, attendants,6orderlies and other auxiliary workers in private homes, long7term care facilities, nurseries, hospitals or other8institutions; 9 (g) The practice of practical nursing by one who has 10 applied in writing to the Department in form and substance 11 satisfactory to the Department, for a license as a licensed 12 practical nurse and has complied with all the provisions 13 under Section 13, except the passing of an examination to be 14 eligible to receive such license, until: the decision of the 15 Department that the applicant has failed to pass the next 16 available examination authorized by the Department, or 17 failed, without an approved excuse, to take the next 18 available examination authorized by the Department, or the 19 withdrawal of the application. No applicant for licensure 20 practicing under the provisions of this paragraph shall 21 practice practical nursing except under the direct 22 supervision of a registered professional nurse licensed under 23 this Act or a licensed physician, dentist or podiatrist. In 24 no instance shall any such applicant practice or be employed 25 in any supervisory capacity; 26 (h) The practice of practical nursing by one who is a 27 licensed practical nurse under the laws of another U.S. 28 jurisdiction and has applied in writing to the Department, in 29 form and substance satisfactory to the Department, for a 30 license as a licensed practical nurse and who is qualified to 31 receive such license under Section 13, until: (1) the 32 expiration of 6 months after the filing of such written 33 application, or (2) the withdrawal of such application, or 34 (3) the denial of such application by the Department; -6- LRB9001266LDdv 1 (i) The practice of professional nursing by one who has 2 applied in writing to the Department in form and substance 3 satisfactory to the Department for a license as a registered 4 professional nurse and has complied with all the provisions 5 under Section 12 except the passing of an examination to be 6 eligible to receive such license until: the decision of the 7 Department that the applicant has failed to pass the next 8 available examination authorized by the Department, or 9 failed, without an approved excuse, to take the next 10 available examination authorized by the Department or the 11 withdrawal of the application. No applicant for licensure 12 practicing under the provisions of this paragraph shall 13 practice professional nursing except under the direct 14 supervision of a registered professional nurse licensed under 15 this Act. In no instance shall any such applicant practice 16 or be employed in any supervisory capacity; 17 (j) The practice of professional nursing by one who is a 18 registered professional nurse under the laws of another 19 state, territory of the United States or Country and has 20 applied in writing to the Department, in form and substance 21 satisfactory to the Department, for a license as a registered 22 professional nurse and who is qualified to receive such 23 license under Section 12, until: (1) the expiration of 12 24 months after the filing of such written application, or (2) 25 the withdrawal of such application, or (3) the denial of such 26 application by the Department; 27 (k) The practice of professional nursing which is 28 included in a program of study by one who is a registered 29 professional nurse under the laws of another state or 30 territory of the United States or foreign country, territory 31 or province and who is enrolled in a graduate nursing 32 education program or a program for the completion of a 33 baccalaureate nursing degree in this State which program 34 includes clinical supervision by faculty as determined by the -7- LRB9001266LDdv 1 educational institution offering the program and the health 2 care organization where the practice of nursing occurs. The 3 educational institution will file with the Department each 4 academic term a list of the names and origin of license of 5 all professional nurses practicing nursing as part of their 6 programs under this provision; or 7 (l) Any person licensed in this State under any other 8 Act from engaging in the practice for which she or he is 9 licensed. 10 An applicant for license practicing under the exceptions 11 set forth in subparagraphs (g), (h), (i), and (j) of this 12 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic. 13 Pend. respectively and no other. 14 (Source: P.A. 85-981.)