State of Illinois
92nd General Assembly
Legislation

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92_SB0129

 
                                               LRB9202605LDpr

 1        AN ACT in relation to nursing.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Nursing and Advanced Practice Nursing Act
 5    is amended by changing Section 10-30 as follows:

 6        (225 ILCS 65/10-30)
 7        Sec. 10-30. Qualifications for licensure.
 8        (a)  Each    applicant   who   successfully   meets   the
 9    requirements of this Section shall be entitled  to  licensure
10    as  a Registered Nurse or Licensed Practical Nurse, whichever
11    is applicable.
12        (b)  An  applicant  for  licensure  by   examination   to
13    practice  as  a  registered nurse or licensed practical nurse
14    shall:
15             (1)  submit  a  completed  written  application,  on
16        forms provided by the Department and fees as  established
17        by the Department;
18             (2)  for  registered nurse licensure, have completed
19        an approved professional nursing education program of not
20        less than 2 academic years and have  graduated  from  the
21        program;  for  licensed  practical  nurse licensure, have
22        completed an approved practical nursing education program
23        of not less than one academic  year  and  have  graduated
24        from the program;
25             (3)  have  not  violated  the  provisions of Section
26        10-45  of  this  Act.   The  Department  may  take   into
27        consideration any felony conviction of the applicant, but
28        such a conviction shall not operate as an absolute bar to
29        licensure;
30             (4)  meet  all  other requirements as established by
31        rule;
 
                            -2-                LRB9202605LDpr
 1             (5)  pay, either to the Department or its designated
 2        testing service, a fee covering the cost of providing the
 3        examination. Failure to appear for the examination on the
 4        scheduled date at the time and place specified after  the
 5        applicant's application for examination has been received
 6        and  acknowledged  by  the  Department  or the designated
 7        testing service shall result in  the  forfeiture  of  the
 8        examination fee.
 9        If  an  applicant  neglects, fails, or refuses to take an
10    examination or fails to pass an  examination  for  a  license
11    under  this  Act within 3 years after filing the application,
12    the application shall be denied.  However, the applicant  may
13    make  a  new  application accompanied by the required fee and
14    provide evidence of meeting the requirements in force at  the
15    time of the new application.
16        An  applicant  shall  have  one  year  from  the  date of
17    notification of successful completion of the  examination  to
18    apply to the Department for a license.  If an applicant fails
19    to  apply within one year, the applicant shall be required to
20    again take  and  pass  the  examination  unless  licensed  in
21    another  jurisdiction of the United States within one year of
22    passing the examination.
23        (c)  An applicant  for  licensure  who  is  a  registered
24    professional  nurse or a licensed practical nurse licensed by
25    examination under the laws of another state or  territory  of
26    the United States shall:
27             (1)  submit  a  completed  written  application,  on
28        forms supplied by the Department, and fees as established
29        by the Department;
30             (2)  for  registered nurse licensure, have completed
31        an approved professional nursing education program of not
32        less than 2 academic years and have  graduated  from  the
33        program;  for  licensed  practical  nurse licensure, have
34        completed an approved practical nursing education program
 
                            -3-                LRB9202605LDpr
 1        of not less than one academic  year  and  have  graduated
 2        from the program;
 3             (3)  submit   verification   of   licensure   status
 4        directly   from   the   United   States  jurisdiction  of
 5        licensure;
 6             (4)  have passed the examination authorized  by  the
 7        Department;
 8             (5)  meet  all  other requirements as established by
 9        rule.
10        (d)  All  applicants  for  licensure  pursuant  to   this
11    Section  who are graduates of nursing educational programs in
12    a country other than the United  States  or  its  territories
13    must  submit  to  the  Department certification of successful
14    completion of the Commission of Graduates of Foreign  Nursing
15    Schools  (CGFNS)  examination. An applicant, who is unable to
16    provide appropriate documentation to satisfy CGFNS of her  or
17    his  educational  qualifications  for  the CGFNS examination,
18    shall be required to pass an examination to  test  competency
19    in  the  English  language  which  shall be prescribed by the
20    Department, if the applicant is determined by the Board to be
21    educationally prepared in  nursing.   The  Board  shall  make
22    appropriate   inquiry   into  the  reasons  for  any  adverse
23    determination by CGFNS before making its own decision.
24        An applicant licensed in another state or  territory  who
25    is  applying  for  licensure  and  has  received  her  or his
26    education in a country other than the United  States  or  its
27    territories  shall  be  exempt  from  the  completion  of the
28    Commission of Graduates of Foreign  Nursing  Schools  (CGFNS)
29    examination  if  the  applicant  meets  all  of the following
30    requirements:
31             (1)  successful passage of the licensure examination
32        authorized by the Department;
33             (2)  holds  an  active,  unencumbered   license   in
34        another state; and
 
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 1             (3)  has been actively practicing for a minimum of 2
 2        years in another state.
 3        (e)  No   applicant  shall  be  issued  a  license  as  a
 4    registered nurse or practical nurse under this Section unless
 5    he or she  has  passed  the  examination  authorized  by  the
 6    Department  within  3 years of completion and graduation from
 7    an approved nursing education program, unless such  applicant
 8    submits    proof    of    successful    completion    of    a
 9    Department-authorized  remedial  nursing education program or
10    recompletion of an approved  registered  nursing  program  or
11    licensed  practical  nursing  program,  as appropriate.  This
12    subsection (e) does not  apply  to  applicants  educated  and
13    licensed   under  laws  of  another  jurisdiction,  including
14    applicants educated and licensed under the laws of a  foreign
15    country, territory, or province.
16        (f)  Pending  the  issuance of a license under subsection
17    (b) of this Section, the Department may grant an applicant  a
18    temporary  license  to practice nursing as a registered nurse
19    or as  a  licensed  practical  nurse  if  the  Department  is
20    satisfied  that  the  applicant holds an active, unencumbered
21    license in good standing in  another  jurisdiction.   If  the
22    applicant  holds more than one current active license, or one
23    or more active temporary licenses from  other  jurisdictions,
24    the  Department  shall not issue a temporary license until it
25    is satisfied that each current active  license  held  by  the
26    applicant  is  unencumbered.   The  temporary  license, which
27    shall be issued no  later  than  14  working  days  following
28    receipt by the Department of an application for the temporary
29    license,   shall  be  granted  upon  the  submission  of  the
30    following to the Department:
31             (1)  a  signed   and   completed   application   for
32        licensure  under  subsection  (a)  of  this  Section as a
33        registered nurse or a licensed practical nurse;
34             (2)  proof of a current, active license in at  least
 
                            -5-                LRB9202605LDpr
 1        one other jurisdiction and proof that each current active
 2        license  or  temporary  license  held by the applicant is
 3        unencumbered;
 4             (3)  a  signed  and  completed  application  for   a
 5        temporary license; and
 6             (4)  the required permit fee.
 7        (g)  The  Department  may  refuse to issue an applicant a
 8    temporary license authorized pursuant  to  this  Section  if,
 9    within   14   working   days  following  its  receipt  of  an
10    application  for  a   temporary   license,   the   Department
11    determines that:
12             (1)  the  applicant  has  been  convicted of a crime
13        under the laws of a jurisdiction of  the  United  States:
14        (i)  which  is  a  felony; or (ii) which is a misdemeanor
15        directly related  to  the  practice  of  the  profession,
16        within the last 5 years;
17             (2)  within the last 5 years the applicant has had a
18        license  or  permit  related  to  the practice of nursing
19        revoked, suspended, or placed  on  probation  by  another
20        jurisdiction,   if  at  least  one  of  the  grounds  for
21        revoking, suspending, or placing on probation is the same
22        or substantially equivalent to grounds in Illinois; or
23             (3)  it intends to deny licensure by endorsement.
24        For purposes of this Section, an  "unencumbered  license"
25    means a license against which no disciplinary action has been
26    taken  or  is  pending and for which all fees and charges are
27    paid and current.
28        (h)  The Department may revoke a temporary license issued
29    pursuant to this Section if:
30             (1)  it  determines  that  the  applicant  has  been
31        convicted of a crime under the law of any jurisdiction of
32        the United  States  that  is  (i)  a  felony  or  (ii)  a
33        misdemeanor  directly  related  to  the  practice  of the
34        profession, within the last 5 years;
 
                            -6-                LRB9202605LDpr
 1             (2)  it determines that within the last 5 years  the
 2        applicant  has  had  a  license  or permit related to the
 3        practice of nursing  revoked,  suspended,  or  placed  on
 4        probation by another jurisdiction, if at least one of the
 5        grounds for revoking, suspending, or placing on probation
 6        is  the  same  or  substantially equivalent to grounds in
 7        Illinois; or
 8             (3)  it determines that it intends to deny licensure
 9        by endorsement.
10        A temporary license or renewed  temporary  license  shall
11    expire  (i) upon issuance of an Illinois license or (ii) upon
12    notification that the Department intends to deny licensure by
13    endorsement.  A temporary license shall expire 6 months  from
14    the  date of issuance.  Further renewal may be granted by the
15    Department in hardship cases, as defined by rule.  However, a
16    temporary license shall automatically expire upon issuance of
17    the Illinois license or upon notification that the Department
18    intends  to  deny  licensure,  whichever  occurs  first.   No
19    extensions shall be granted beyond the 6-month period  unless
20    approved  by  the  Director.   Notification by the Department
21    under this Section shall be by certified or registered mail.
22    (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.

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