State of Illinois
92^nd General Assembly
Legislation

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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  of  nursing,  an  associate  degree in of applied
12    sciences in nursing, a  hospital-based  diploma  in  hospital
13    based  nursing,  program  diploma,  completion of a practical
14    nursing education program,  and  a  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 practices professional nurse nursing
25    or a licensed practical  nurse  nursing  after  obtaining  an
26    associate  degree  in nursing, associate degree in of applied
27    sciences in nursing, or hospital-based diploma in  completing
28    a   practical   nursing  education  program,  hospital  based
29    nursing,  program  diploma,  or  a  baccalaureate  degree  in
30    nursing, or certificate in  practical  nursing,  will  enable
31    such individuals to attend approved qualified institutions of
 
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 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  based nursing program, or public or private college
15    or university located in this State that which  has  National
16    League   for   Nursing   accreditation  or  approval  by  the
17    Department of Professional Regulation for  an  the  associate
18    degree  program  in  nursing  program, associate degree in of
19    applied sciences in nursing program,  hospital-based  diploma
20    in  hospital  based  nursing  program  diploma, baccalaureate
21    degree  in  nursing  program,  or  certificate  in  practical
22    nursing education program 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.
 
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 1        (7)  "Associate   degree   in    nursing    program    or
 2    hospital-based  diploma  in  nursing  hospital based program"
 3    means a  program  offered  by  an  approved  institution  and
 4    leading  to  an the associate degree in of nursing, associate
 5    degree in of applied 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
 
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 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
 
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 1    to execute; and determine  whether  all  or  any  part  of  a
 2    recipient's an applicant's scholarship 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 scholarship recipient 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-time  undergraduate
20    scholarships. Beginning with the fall term of  the  2002-2003
21    1991-1992  academic  year, 500 scholarships shall be provided
22    each year for qualified individuals who desire  to  enter  an
23    approved  institution  awarding  an associate degree, nursing
24    diploma, or baccalaureate degree in nursing  or  offering  an
25    approved practical nursing education program of not less than
26    one  academic  year.  Of  the  500 scholarships provided each
27    year, at least 50 shall go to persons  entering  an  approved
28    practical  nursing  education  program  of  not less than one
29    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  shall
32    designate  each  year's  new  recipients  from  among   those
33    applicants who qualify for consideration by showing:
 
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 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 proof
 6        of enrollment or acceptance for admission to an associate
 7        degree in a  practical  nursing  program,  hospital-based
 8        associate  degree nursing, diploma in nursing program, or
 9        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  professional
13        nurse   or   licensed  practical  nurse  in  Illinois  in
14        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. The
24    Department shall consider factors  such  as  the  applicant's
25    family  income,  the  size  of the applicant's family and the
26    number of other children in the applicant's family  attending
27    college,  and  whether  the  applicant  is  the  head  of the
28    household  in  determining  the   financial   need   of   the
29    individual.
30        Unless  otherwise  indicated, these scholarships shall be
31    awarded to recipients at approved  institutions  good  for  a
32    period  of up to 2 3 years if while the 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
 
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 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 a
11    community college, private junior college or  hospital  based
12    nursing program, and up to 4 years if applicant is pursuing a
13    baccalaureate  degree  in  a  public  or  private  college or
14    university;  except  that  the  length  of  scholarships  for
15    persons studying to be licensed  practical  nurses  shall  be
16    established   by   the  Department.   At  least  1/2  of  the
17    scholarships awarded shall be for recipients who shall attend
18    State  supported  schools.   The  scholarship   shall   cover
19    tuition,  fees and a stipend of $2,500 per year for full-time
20    students; except that the amount of scholarships for  persons
21    studying to be licensed practical nurses shall be established
22    by  the  Department.  For purposes of calculating scholarship
23    awards for recipients attending private  junior  colleges  or
24    hospital  based  nursing  programs,  or  private  colleges or
25    universities, tuition and fees for these students at  private
26    approved  institutions  shall  be  deemed  to  not exceed the
27    Statewide average tuition and fees  for  students  at  public
28    approved  institutions  for  the  academic  year in which the
29    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  Upon  graduation  from  an  associate
 
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 1    degree  in nursing program, hospital-based diploma in nursing
 2    or  hospital  based   program,   in   professional   nursing,
 3    baccalaureate  degree  in  nursing program, or certificate in
 4    practical nursing other  program,  or  course  of  study  any
 5    recipient  person  who accepted a scholarship under Section 5
 6    shall  begin  meeting   the   required   nursing   employment
 7    obligation,  during  the  7 year period immediately following
 8    his or her  graduation,  be  employed  in  this  State  as  a
 9    registered professional nurse or licensed practical nurse, as
10    each  term  defined  in  the  Nursing  and  Advanced Practice
11    Nursing Act, for at least one year for each year of full-time
12    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 4
26    years  in  military  service  before  or  after  he  or   she
27    graduates,  the  period of military service shall be excluded
28    from the computation of that 7 year period.  A recipient  who
29    is  enrolled  in  an  academic  program leading to a graduate
30    degree in nursing shall have the  period  of  graduate  study
31    excluded from the computation of that 7 year period.
32        Calendar   years   of   required   employment   will   be
33    proportionally  reduced  for  less  than  full  academic year
34    scholarship support; provided  that  employment  must  be  at
 
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 1    least 17.5 hours per week.
 2        Any  person  who  fails to fulfill the nursing employment
 3    obligation requirement shall 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 apply when  the  failure  to
13    fulfill the nursing employment obligation requirement results
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  applies  for  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%
 
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 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 per
16    year for living expenses for the full-time student and up  to
17    $2,000  per year for full-time tuition and fees, or a maximum
18    of  $4,500  per  year,  less  any  other  State  or   federal
19    assistance   received  by  applicant  to  assist  applicant's
20    pursuit of an associate degree,  or  hospital  based  program
21    diploma,  or baccalaureate degree in nursing. The amount of a
22    scholarship for a person studying to be a licensed  practical
23    nurse,  however,  shall  be determined by the Department. The
24    full-time student applicant may receive a scholarship  for  3
25    academic  years  if  pursuing an associate degree or diploma,
26    and for 4 academic  years  if  pursuing  a  baccalaureate  in
27    nursing  degree.   A  scholarship  may be made to a part time
28    (but not less than 1/3 time) student but it shall cover  only
29    tuition and fees and shall not exceed the aggregate of $4,000
30    for  the  total  time  applicant  may  take  to  complete the
31    associate degree, or hospital based program  in  nursing,  or
32    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's
 
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 1    diligently pursuing nursing applicant's studies 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  applicant  in  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
 
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 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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