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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
92_HB2436enr HB2436 Enrolled LRB9204486NTsbA 1 AN ACT concerning higher education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing Education Scholarship Law is 5 amended by changing Sections 2, 3, 4, 5, 6, 7, and 9 as 6 follows: 7 (110 ILCS 975/2) (from Ch. 144, par. 2752) 8 Sec. 2. Legislative finding and declaration of policy. 9 The General Assembly finds and hereby declares that the 10 provision of a higher education leading to an associate 11 degree in
ofnursing, an associate degree in ofapplied 12 sciences in nursing, a hospital-based diploma in hospital13 basednursing, program diploma, completion of a practical14 nursing education program, anda baccalaureate degree in 15 nursing, or a certificate in practical nursing for persons of 16 this State who desire such an education is important to the 17 health, welfare and security of this State and Nation, and 18 consequently is an important public purpose. Many qualified 19 and potential nurses are deterred by financial considerations 20 from pursuing their nursing education, with consequent 21 irreparable loss to the State and Nation of talents vital to 22 health, welfare and security. A system of scholarships, 23 repayment of which may be excused if the individual is 24 employed as a registered practicesprofessional nurse nursing25 or a licensed practical nurse nursingafter obtaining an 26 associate degree in nursing, associate degree in ofapplied 27 sciences in nursing, orhospital-based diploma in completing28 a practical nursing education program, hospital based29 nursing, program diploma, or abaccalaureate degree in 30 nursing, or certificate in practical nursing, will enable 31 such individuals to attend approved qualifiedinstitutions of HB2436 Enrolled -2- LRB9204486NTsbA 1 their choice in the State, public or private. 2 (Source: P.A. 89-237, eff. 8-4-95.) 3 (110 ILCS 975/3) (from Ch. 144, par. 2753) 4 Sec. 3. Definitions. 5 The following terms, whenever used or referred to, have 6 the following meanings except where the context clearly 7 indicates otherwise: 8 (1) "Board" means the Board of Higher Education created 9 by the Board of Higher Education Act. 10 (2) "Department" means the Illinois Department of Public 11 Health. 12 (3) "Approved institution" means a public community 13 college, private junior college, hospital-based diploma in 14 hospital basednursing program, or public or private college 15 or university located in this State that whichhas National16 League for Nursing accreditation orapproval by the 17 Department of Professional Regulation for an theassociate 18 degree programin nursing program, associate degree in of19 applied sciences in nursing program, hospital-based diploma 20 in hospital basednursing program diploma, baccalaureate 21 degree in nursing program, or certificate in practical 22 nursing educationprogram of not less than one academic year,23 or baccalaureate degree in nursing. 24 (4) "Baccalaureate degree in nursing program" means a 25 program offered by an approved institution and leading to a 26 bachelor of science degree in nursing. 27 (5) "Enrollment" means the establishment and maintenance 28 of an individual's status as a student in an approved 29 institution, regardless of the terms used at the institution 30 to describe such status. 31 (6) "Academic year" means the period of time from 32 September 1 of one year through August 31 of the next year or 33 as otherwise defined by the academic institution. HB2436 Enrolled -3- LRB9204486NTsbA 1 (7) "Associate degree in nursing program or 2 hospital-based diploma in nursing hospital basedprogram" 3 means a program offered by an approved institution and 4 leading to an theassociate degree in ofnursing, associate 5 degree in ofapplied sciences in nursing, or hospital-based 6 diploma in nursing hospital based nursing program diploma. 7 (8) "Director" means the Director of the Illinois 8 Department of Public Health. 9 (9) "Accepted for admission" means a student has 10 completed the requirements for entry into an associate degree 11 in nursing program, associate degree in applied sciences in 12 nursing program, hospital-based diploma in nursing program, 13 baccalaureate degree in nursing program, or certificate in 14 practical nursing program at an approved institution, as 15 documented by the institution. 16 (10) "Fees" means those mandatory charges, in addition 17 to tuition, that all enrolled students must pay, including 18 required course or lab fees. 19 (11) "Full-time student" means a student enrolled for at 20 least 12 hours per term or as otherwise determined by the 21 academic institution. 22 (12) "Law" means the Nursing Education Scholarship Law. 23 (13) "Nursing employment obligation" means employment in 24 this State as a registered professional nurse or licensed 25 practical nurse in direct patient care for at least one year 26 for each year of scholarship assistance received through the 27 Nursing Education Scholarship Program. 28 (14) "Part-time student" means a person who is enrolled 29 for at least one-third of the number of hours required per 30 term by a school for its full-time students. 31 (15) "Practical nursing program" means a program offered 32 by an approved institution leading to a certificate in 33 practical nursing. 34 (16) "Registered professional nurse" means a person who HB2436 Enrolled -4- LRB9204486NTsbA 1 is currently licensed as a registered professional nurse by 2 the Department of Professional Regulation under the Nursing 3 and Advanced Practice Nursing Act. 4 (17) "Licensed practical nurse" means a person who is 5 currently licensed as a licensed practical nurse by the 6 Department of Professional Regulation under the Nursing and 7 Advanced Practice Nursing Act. 8 (18) "School term" means an academic term, such as a 9 semester, quarter, trimester, or number of clock hours, as 10 defined by an approved institution. 11 (19) "Student in good standing" means a student 12 maintaining a cumulative grade point average equivalent to at 13 least the academic grade of a "C". 14 (20) "Total and permanent disability" means a physical 15 or mental impairment, disease, or loss of a permanent nature 16 that prevents nursing employment with or without reasonable 17 accommodation. Proof of disability shall be a declaration 18 from the social security administration, Illinois Industrial 19 Commission, Department of Defense, or an insurer authorized 20 to transact business in Illinois who is providing disability 21 insurance coverage to a contractor. 22 (21) "Tuition" means the established charges of an 23 institution of higher learning for instruction at that 24 institution. 25 (Source: P.A. 86-1467; 87-577.) 26 (110 ILCS 975/4) (from Ch. 144, par. 2754) 27 Sec. 4. Functions of Department. The Department shall 28 prepare and supervise the issuance of public information 29 about the provisions of this Article; prescribe the form and 30 regulate the submission of applications for scholarships; 31 determine the eligibility of applicants; award the 32 appropriate scholarships; prescribe the contracts or other 33 acknowledgments of scholarship which an applicant is required HB2436 Enrolled -5- LRB9204486NTsbA 1 to execute; and determine whether all or any part of a 2 recipient's an applicant'sscholarship needs to be monetarily 3 repaid, or has been excused from repayment, and the extent of 4 any repayment or excused repayment. The Department may 5 require a scholarshiprecipient to reimburse the State for 6 expenses, including but not limited to attorney's fees, 7 incurred by the Department or other agent of the State for a 8 successful legal action against the recipient for a breach of 9 any provision of the scholarship contract. In a breach of 10 contract, the Department may utilize referral to the 11 Department of Professional Regulation to revoke, suspend, 12 refuse to renew, place on probationary status, or take other 13 disciplinary action concerning the recipient's credentials. 14 The Department is authorized to make all necessary and proper 15 rules, not inconsistent with this Article, for the efficient 16 exercise of the foregoing functions. 17 (Source: P.A. 86-1467.) 18 (110 ILCS 975/5) (from Ch. 144, par. 2755) 19 Sec. 5. Nursing education full-timeundergraduate 20 scholarships. Beginning with the fall term of the 2002-2003 21 1991-1992academic year, 500 scholarships shall be provided22 each year for qualified individuals who desire to enter an23 approved institution awarding an associate degree, nursing24 diploma, or baccalaureate degree in nursing or offering an25 approved practical nursing education program of not less than26 one academic year. Of the 500 scholarships provided each27 year, at least 50 shall go to persons entering an approved28 practical nursing education program of not less than one29 academic year.the Department, in accordance with rules and 30 regulations promulgated by it for this program, shall provide 31 scholarships to individuals selected funding and shall32 designate each year's new recipientsfrom among those 33 applicants who qualify for consideration by showing: HB2436 Enrolled -6- LRB9204486NTsbA 1 (1) that he or she has been a resident of this 2 State for at least one year prior to application, and is 3 a citizen or a lawful permanent resident alien of the 4 United States; 5 (2) that he or she is enrolled in or accepted proof6 of enrollment or acceptancefor admission to an associate 7 degree in a practicalnursing program, hospital-based 8 associate degree nursing,diploma in nursing program, or9 baccalaureate degree in nursing program, or practical 10 nursing program at an approved institution; and 11 (3) that he or she agrees to meet the nursing 12 employment obligation serve as a registered professional13 nurse or licensed practical nurse in Illinois in14 accordance with Section 6. 15 If in any year the number of qualified applicants exceeds 16 the number of scholarships to be awarded, the Department 17 shall give priority in awarding scholarships to students in 18 the greatest financial need, as shown on a standardized 19 financial needs assessment form used by an approved 20 institution who will pursue their education on a full-time or 21 closest to full-time basis and who already have a certificate 22 in practical nursing, a diploma in nursing, or an associate 23 degree in nursing and are pursuing a higher degree. The24 Department shall consider factors such as the applicant's25 family income, the size of the applicant's family and the26 number of other children in the applicant's family attending27 college, and whether the applicant is the head of the28 household in determining the financial need of the29 individual.30 Unless otherwise indicated, thesescholarships shall be 31 awarded to recipients at approved institutions goodfor a 32 period of up to 2 3years if whilethe recipient is enrolled 33 in an associate degree in nursing program, up to 3 years if 34 the recipient is enrolled in a hospital-based diploma in HB2436 Enrolled -7- LRB9204486NTsbA 1 nursing program, up to 4 years if the recipient is enrolled 2 in a baccalaureate degree in nursing program, and up to one 3 year if the recipient is enrolled in a certificate in 4 practical nursing program. At least 50% of the scholarships 5 awarded shall be for recipients who are pursuing 6 baccalaureate degrees in nursing, 40% of the scholarships 7 awarded shall be for recipients who are pursuing associate 8 degrees in nursing or a diploma in nursing, and 10% of the 9 scholarships awarded shall be for recipients who are pursuing 10 a certificate in practical nursing. for residence credit at a11 community college, private junior college or hospital based12 nursing program, and up to 4 years if applicant is pursuing a13 baccalaureate degree in a public or private college or14 university; except that the length of scholarships for15 persons studying to be licensed practical nurses shall be16 established by the Department. At least 1/2 of the17 scholarships awarded shall be for recipients who shall attend18 State supported schools. The scholarship shall cover19 tuition, fees and a stipend of $2,500 per year for full-time20 students; except that the amount of scholarships for persons21 studying to be licensed practical nurses shall be established22 by the Department. For purposes of calculating scholarship23 awards for recipients attending private junior colleges or24 hospital based nursing programs, or private colleges or25 universities, tuition and fees for these students at private26 approved institutions shall be deemed to not exceed the27 Statewide average tuition and fees for students at public28 approved institutions for the academic year in which the29 scholarship is made.30 (Source: P.A. 89-237, eff. 8-4-95.) 31 (110 ILCS 975/6) (from Ch. 144, par. 2756) 32 Sec. 6. Nursing requirements for scholarship recipients. 33 Within 12 months after Upongraduation from an associate HB2436 Enrolled -8- LRB9204486NTsbA 1 degree in nursing program, hospital-based diploma in nursing 2 or hospital basedprogram, in professional nursing,3 baccalaureate degree in nursing program, or certificate in 4 practical nursing otherprogram, or course of studyany 5 recipient personwho accepted a scholarship under Section 5 6 shall begin meeting the required nursing employment 7 obligation , during the 7 year period immediately following8 his or her graduation, be employed in this State as a9 registered professional nurse or licensed practical nurse, as10 each term defined in the Nursing and Advanced Practice11 Nursing Act, for at least one year for each year of full-time12 scholarship support received. In order to defer his or her 13 continuous employment obligation, a recipient must request 14 the deferment in writing from the Department. A recipient 15 shall notify program staff within 30 days if he or she spends 16 up to 4 years in military service before or after graduation. 17 A recipient shall notify program staff within 30 days if he 18 or she is enrolled in an academic program leading to a 19 graduate degree in nursing. If a recipient receives funding 20 through the Nursing Education Scholarship Program for a 21 higher degree, the nursing employment obligation shall be 22 deferred until he or she is no longer enrolled or has 23 graduated. The recipient must begin meeting the required 24 nursing employment obligations no later than 6 months after 25 the end of the deferments. If the recipient spends up to 426 years in military service before or after he or she27 graduates, the period of military service shall be excluded28 from the computation of that 7 year period. A recipient who29 is enrolled in an academic program leading to a graduate30 degree in nursing shall have the period of graduate study31 excluded from the computation of that 7 year period.32 Calendar years of required employment will be33 proportionally reduced for less than full academic year34 scholarship support; provided that employment must be atHB2436 Enrolled -9- LRB9204486NTsbA 1 least 17.5 hours per week.2 Any person who fails to fulfill the nursing employment 3 obligation requirementshall pay to the Department an amount 4 equal to the amount of scholarship funds received per year 5 for each unfulfilled year of the nursing employment 6 obligation requirement, together with interest at 7% per year 7 on the unpaid balance. Payment must begin within 6 months 8 following the date of the occurrence initiating the 9 repayment. All repayments must be completed within 6 years 10 from the date of the occurrence initiating the repayment. 11 However, this obligation may be deferred and re-evaluated 12 every 6 months to repay does not applywhen the failure to 13 fulfill the nursing employment obligation requirementresults 14 from involuntarily leaving the profession due to a decrease 15 in the number of nurses employed in the State or when the 16 failure to fulfill the nursing employment obligation results 17 from total and permanent disability. The repayment 18 obligation shall be excused if the failure to fulfill the 19 nursing employment obligation results from the death or 20 adjudication as incompetent of the person holding the 21 scholarship. No claim for repayment may be filed against the 22 estate of such a decedent or incompetent. 23 Each person applying for such a scholarship shall be 24 provided with a copy of this Section at the time of 25 application he or she appliesfor the benefits of such 26 scholarship. 27 (Source: P.A. 90-742, eff. 8-13-98.) 28 (110 ILCS 975/7) (from Ch. 144, par. 2757) 29 Sec. 7. Amount of scholarships. To determine a 30 scholarship amount, the Department shall consider tuition and 31 fee charges at community colleges and universities statewide 32 and projected living expenses. Using information provided 33 annually by the Illinois Student Assistance Commission, 75% HB2436 Enrolled -10- LRB9204486NTsbA 1 of the weighted tuition and fees charged by community 2 colleges in Illinois shall be added to the uniform living 3 allowance reported in the weighted Monetary Award Program 4 (MAP) budget to determine the full-time scholarship amount 5 for students pursuing an associate degree or diploma in 6 nursing at an Illinois community college. Scholarship 7 amounts for students pursuing associate or baccalaureate 8 degrees in nursing at a college or university shall include 9 75% of the weighted tuition and fees charged by public 10 universities in Illinois plus the uniform living allowance 11 reported in the weighted MAP budget. Scholarship amounts for 12 students in practical nursing programs shall include 75% of 13 the average of tuition charges at all practical nursing 14 programs plus the uniform living allowance reported in the 15 weighted MAP budget. A scholarship shall be for $2,500 per16 year for living expenses for the full-time student and up to17 $2,000 per year for full-time tuition and fees, or a maximum18 of $4,500 per year, less any other State or federal19 assistance received by applicant to assist applicant's20 pursuit of an associate degree, or hospital based program21 diploma, or baccalaureate degree in nursing. The amount of a22 scholarship for a person studying to be a licensed practical23 nurse, however, shall be determined by the Department. The24 full-time student applicant may receive a scholarship for 325 academic years if pursuing an associate degree or diploma,26 and for 4 academic years if pursuing a baccalaureate in27 nursing degree. A scholarship may be made to a part time28 (but not less than 1/3 time) student but it shall cover only29 tuition and fees and shall not exceed the aggregate of $4,00030 for the total time applicant may take to complete the31 associate degree, or hospital based program in nursing, or32 baccalaureate nursing program.The Department may provide 33 that scholarships shall be on a quarterly or semi-annual 34 basis and shall be contingent upon the student's applicant'sHB2436 Enrolled -11- LRB9204486NTsbA 1 diligently pursuing nursing applicant'sstudies and being a 2 student in good standing. Scholarship awards may be provided 3 to part-time students; the amount shall be determined by 4 applying the proportion represented by the part-time 5 enrollment to full-time enrollment ratio to the average 6 per-term scholarship amount for a student in the same nursing 7 degree category. 8 (Source: P.A. 86-1467; 87-577.) 9 (110 ILCS 975/9) (from Ch. 144, par. 2759) 10 Sec. 9. Student enrollment and obligations of 11 institutions. 12 (a) An approved institution is free to accept a student 13 an applicantin compliance with its own admissions 14 requirements, standards, and policies. The Department may 15 disburse any scholarship for tuition and fees to the approved 16 institution direct for the payment of tuition and other 17 necessary fees or for credit against the student's obligation 18 for such tuition and fees, and upon acceptance thereof the 19 approved institution shall be contractually obligated (1) to 20 provide facilities and instruction to the student on the same 21 terms as to other students generally, and (2) to provide the 22 notices and information described in this Section. 23 (b) If, in the course of any academic period, any 24 student enrolled in any approved institution pursuant to a 25 scholarship granted under this Article shall for any reason 26 cease to be a student in good standing, the institution shall 27 promptly give written notice to the Department concerning 28 such change of status and the reason therefor. 29 (c) A student to whom a renewal scholarship has been 30 awarded may either re-enroll in the institution which he or 31 she attended during the preceding year, or enroll in any 32 other approved institution; and in either event, the 33 institution accepting the student for such enrollment or HB2436 Enrolled -12- LRB9204486NTsbA 1 re-enrollment shall notify the Department of such acceptance. 2 (Source: P.A. 86-1467.) 3 (110 ILCS 975/10 rep.) 4 Section 10. The Nursing Education Scholarship Law is 5 amended by repealing Section 10. 6 Section 99. Effective date. This Act takes effect 7 January 1, 2002.
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