State of Illinois
92nd General Assembly
Legislation

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92_SB0129eng

 
SB129 Engrossed                                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;
 
SB129 Engrossed             -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  who  has never been licensed previously in
17    any  jurisdiction   that   utilizes   a   Department-approved
18    examination  and  who  has  taken  and  failed  to  pass  the
19    examination  within 3 years after filing the application must
20    submit    proof    of    successful    completion    of     a
21    Department-authorized    nursing    education    program   or
22    recompletion of an approved  registered  nursing  program  or
23    licensed  practical nursing program, as appropriate, prior to
24    re-application..
25        An applicant  shall  have  one  year  from  the  date  of
26    notification  of  successful completion of the examination to
27    apply to the Department for a license.  If an applicant fails
28    to apply within one year, the applicant shall be required  to
29    again  take  and  pass  the  examination  unless  licensed in
30    another jurisdiction of the United States within one year  of
31    passing the examination.
32        (c)  An  applicant  for  licensure  who  is  a registered
33    professional nurse or a licensed practical nurse licensed  by
34    examination  under  the laws of another state or territory of
 
SB129 Engrossed             -3-                LRB9202605LDpr
 1    the United States shall:
 2             (1)  submit  a  completed  written  application,  on
 3        forms supplied by the Department, and fees as established
 4        by the Department;
 5             (2)  for registered nurse licensure, have  completed
 6        an approved professional nursing education program of not
 7        less  than  2  academic years and have graduated from the
 8        program; for licensed  practical  nurse  licensure,  have
 9        completed an approved practical nursing education program
10        of  not  less  than  one academic year and have graduated
11        from the program;
12             (3)  submit   verification   of   licensure   status
13        directly  from  the   United   States   jurisdiction   of
14        licensure;
15             (4)  have  passed  the examination authorized by the
16        Department;
17             (5)  meet all other requirements as  established  by
18        rule.
19        (d)  All   applicants  for  licensure  pursuant  to  this
20    Section who are graduates of nursing educational programs  in
21    a  country  other  than  the United States or its territories
22    must submit to the  Department  certification  of  successful
23    completion  of the Commission of Graduates of Foreign Nursing
24    Schools (CGFNS) examination. An applicant, who is  unable  to
25    provide  appropriate documentation to satisfy CGFNS of her or
26    his educational qualifications  for  the  CGFNS  examination,
27    shall  be  required to pass an examination to test competency
28    in the English language which  shall  be  prescribed  by  the
29    Department, if the applicant is determined by the Board to be
30    educationally  prepared  in  nursing.   The  Board shall make
31    appropriate  inquiry  into  the  reasons  for   any   adverse
32    determination by CGFNS before making its own decision.
33        An  applicant  licensed in another state or territory who
34    is applying  for  licensure  and  has  received  her  or  his
 
SB129 Engrossed             -4-                LRB9202605LDpr
 1    education  in  a  country other than the United States or its
 2    territories shall  be  exempt  from  the  completion  of  the
 3    Commission  of  Graduates  of Foreign Nursing Schools (CGFNS)
 4    examination if the  applicant  meets  all  of  the  following
 5    requirements:
 6             (1)  successful passage of the licensure examination
 7        authorized by the Department;
 8             (2)  holds   an   active,  unencumbered  license  in
 9        another state; and
10             (3)  has been actively practicing for a minimum of 2
11        years in another state.
12        (e)  (Blank).  No applicant shall be issued a license  as
13    a  registered  nurse  or  practical  nurse under this Section
14    unless he or she has passed the examination authorized by the
15    Department within 3 years of completion and  graduation  from
16    an  approved nursing education program, unless such applicant
17    submits    proof    of    successful    completion    of    a
18    Department-authorized remedial nursing education  program  or
19    recompletion  of  an  approved  registered nursing program or
20    licensed practical nursing program, as appropriate.
21        (f)  Pending the issuance of a license  under  subsection
22    (b)  of this Section, the Department may grant an applicant a
23    temporary license to practice nursing as a  registered  nurse
24    or  as  a  licensed  practical  nurse  if  the  Department is
25    satisfied that the applicant holds  an  active,  unencumbered
26    license  in  good  standing  in another jurisdiction.  If the
27    applicant holds more than one current active license, or  one
28    or  more  active temporary licenses from other jurisdictions,
29    the Department shall not issue a temporary license  until  it
30    is  satisfied  that  each  current active license held by the
31    applicant is  unencumbered.   The  temporary  license,  which
32    shall  be  issued  no  later  than  14 working days following
33    receipt by the Department of an application for the temporary
34    license,  shall  be  granted  upon  the  submission  of   the
 
SB129 Engrossed             -5-                LRB9202605LDpr
 1    following to the Department:
 2             (1)  a   signed   and   completed   application  for
 3        licensure under subsection  (a)  of  this  Section  as  a
 4        registered nurse or a licensed practical nurse;
 5             (2)  proof  of a current, active license in at least
 6        one other jurisdiction and proof that each current active
 7        license or temporary license held  by  the  applicant  is
 8        unencumbered;
 9             (3)  a   signed  and  completed  application  for  a
10        temporary license; and
11             (4)  the required permit fee.
12        (g)  The Department may refuse to issue  an  applicant  a
13    temporary  license  authorized  pursuant  to this Section if,
14    within  14  working  days  following  its   receipt   of   an
15    application   for   a   temporary   license,  the  Department
16    determines that:
17             (1)  the applicant has been  convicted  of  a  crime
18        under  the  laws  of a jurisdiction of the United States:
19        (i) which is a felony; or (ii)  which  is  a  misdemeanor
20        directly  related  to  the  practice  of  the profession,
21        within the last 5 years;
22             (2)  within the last 5 years the applicant has had a
23        license or permit related  to  the  practice  of  nursing
24        revoked,  suspended,  or  placed  on probation by another
25        jurisdiction,  if  at  least  one  of  the  grounds   for
26        revoking, suspending, or placing on probation is the same
27        or substantially equivalent to grounds in Illinois; or
28             (3)  it intends to deny licensure by endorsement.
29        For  purposes  of this Section, an "unencumbered license"
30    means a license against which no disciplinary action has been
31    taken or is pending and for which all fees  and  charges  are
32    paid and current.
33        (h)  The Department may revoke a temporary license issued
34    pursuant to this Section if:
 
SB129 Engrossed             -6-                LRB9202605LDpr
 1             (1)  it  determines  that  the  applicant  has  been
 2        convicted of a crime under the law of any jurisdiction of
 3        the  United  States  that  is  (i)  a  felony  or  (ii) a
 4        misdemeanor directly  related  to  the  practice  of  the
 5        profession, within the last 5 years;
 6             (2)  it  determines that within the last 5 years the
 7        applicant has had a license  or  permit  related  to  the
 8        practice  of  nursing  revoked,  suspended,  or placed on
 9        probation by another jurisdiction, if at least one of the
10        grounds for revoking, suspending, or placing on probation
11        is the same or substantially  equivalent  to  grounds  in
12        Illinois; or
13             (3)  it determines that it intends to deny licensure
14        by endorsement.
15        A  temporary  license  or renewed temporary license shall
16    expire (i) upon issuance of an Illinois license or (ii)  upon
17    notification that the Department intends to deny licensure by
18    endorsement.   A temporary license shall expire 6 months from
19    the date of issuance.  Further renewal may be granted by  the
20    Department in hardship cases, as defined by rule.  However, a
21    temporary license shall automatically expire upon issuance of
22    the Illinois license or upon notification that the Department
23    intends  to  deny  licensure,  whichever  occurs  first.   No
24    extensions  shall be granted beyond the 6-month period unless
25    approved by the Director.   Notification  by  the  Department
26    under this Section shall be by certified or registered mail.
27    (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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