State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_SB0129sam001

 










                                             LRB9202605LDpram

 1                    AMENDMENT TO SENATE BILL 129

 2        AMENDMENT NO.     .  Amend Senate Bill 129  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Nursing and Advanced Practice Nursing
 5    Act 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
 
                            -2-              LRB9202605LDpram
 1        of  not  less  than  one academic year and have graduated
 2        from the program;
 3             (3)  have not violated  the  provisions  of  Section
 4        10-45   of  this  Act.   The  Department  may  take  into
 5        consideration any felony conviction of the applicant, but
 6        such a conviction shall not operate as an absolute bar to
 7        licensure;
 8             (4)  meet all other requirements as  established  by
 9        rule;
10             (5)  pay, either to the Department or its designated
11        testing service, a fee covering the cost of providing the
12        examination. Failure to appear for the examination on the
13        scheduled  date at the time and place specified after the
14        applicant's application for examination has been received
15        and acknowledged by  the  Department  or  the  designated
16        testing  service  shall  result  in the forfeiture of the
17        examination fee.
18        If an applicant neglects, fails, or refuses  to  take  an
19    examination  or  fails  to  pass an examination for a license
20    under this Act within 3 years after filing  the  application,
21    the  application shall be denied.  However, the applicant may
22    make a new application accompanied by the  required  fee  and
23    provide  evidence of meeting the requirements in force at the
24    time of the new application.
25        An applicant who has never been  licensed  previously  in
26    any   jurisdiction   that   utilizes   a  Department-approved
27    examination  and  who  has  taken  and  failed  to  pass  the
28    examination within 3 years after filing the application  must
29    submit     proof    of    successful    completion    of    a
30    Department-authorized   nursing    education    program    or
31    recompletion  of  an  approved  registered nursing program or
32    licensed practical nursing program, as appropriate, prior  to
33    re-application.
34        An  applicant  shall  have  one  year  from  the  date of
 
                            -3-              LRB9202605LDpram
 1    notification of successful completion of the  examination  to
 2    apply to the Department for a license.  If an applicant fails
 3    to  apply within one year, the applicant shall be required to
 4    again take  and  pass  the  examination  unless  licensed  in
 5    another  jurisdiction of the United States within one year of
 6    passing the examination.
 7        (c)  An applicant  for  licensure  who  is  a  registered
 8    professional  nurse or a licensed practical nurse licensed by
 9    examination under the laws of another state or  territory  of
10    the United States shall:
11             (1)  submit  a  completed  written  application,  on
12        forms supplied by the Department, and fees as established
13        by the Department;
14             (2)  for  registered nurse licensure, have completed
15        an approved professional nursing education program of not
16        less than 2 academic years and have  graduated  from  the
17        program;  for  licensed  practical  nurse licensure, have
18        completed an approved practical nursing education program
19        of not less than one academic  year  and  have  graduated
20        from the program;
21             (3)  submit   verification   of   licensure   status
22        directly   from   the   United   States  jurisdiction  of
23        licensure;
24             (4)  have passed the examination authorized  by  the
25        Department;
26             (5)  meet  all  other requirements as established by
27        rule.
28        (d)  All  applicants  for  licensure  pursuant  to   this
29    Section  who are graduates of nursing educational programs in
30    a country other than the United  States  or  its  territories
31    must  submit  to  the  Department certification of successful
32    completion of the Commission of Graduates of Foreign  Nursing
33    Schools  (CGFNS)  examination. An applicant, who is unable to
34    provide appropriate documentation to satisfy CGFNS of her  or
 
                            -4-              LRB9202605LDpram
 1    his  educational  qualifications  for  the CGFNS examination,
 2    shall be required to pass an examination to  test  competency
 3    in  the  English  language  which  shall be prescribed by the
 4    Department, if the applicant is determined by the Board to be
 5    educationally prepared in  nursing.   The  Board  shall  make
 6    appropriate   inquiry   into  the  reasons  for  any  adverse
 7    determination by CGFNS before making its own decision.
 8        An applicant licensed in another state or  territory  who
 9    is  applying  for  licensure  and  has  received  her  or his
10    education in a country other than the United  States  or  its
11    territories  shall  be  exempt  from  the  completion  of the
12    Commission of Graduates of Foreign  Nursing  Schools  (CGFNS)
13    examination  if  the  applicant  meets  all  of the following
14    requirements:
15             (1)  successful passage of the licensure examination
16        authorized by the Department;
17             (2)  holds  an  active,  unencumbered   license   in
18        another state; and
19             (3)  has been actively practicing for a minimum of 2
20        years in another state.
21        (e)  (Blank).  No  applicant shall be issued a license as
22    a registered nurse or  practical  nurse  under  this  Section
23    unless he or she has passed the examination authorized by the
24    Department  within  3 years of completion and graduation from
25    an approved nursing education program, unless such  applicant
26    submits    proof    of    successful    completion    of    a
27    Department-authorized  remedial  nursing education program or
28    recompletion of an approved  registered  nursing  program  or
29    licensed practical nursing program, as appropriate.
30        (f)  Pending  the  issuance of a license under subsection
31    (b) of this Section, the Department may grant an applicant  a
32    temporary  license  to practice nursing as a registered nurse
33    or as  a  licensed  practical  nurse  if  the  Department  is
34    satisfied  that  the  applicant holds an active, unencumbered
 
                            -5-              LRB9202605LDpram
 1    license in good standing in  another  jurisdiction.   If  the
 2    applicant  holds more than one current active license, or one
 3    or more active temporary licenses from  other  jurisdictions,
 4    the  Department  shall not issue a temporary license until it
 5    is satisfied that each current active  license  held  by  the
 6    applicant  is  unencumbered.   The  temporary  license, which
 7    shall be issued no  later  than  14  working  days  following
 8    receipt by the Department of an application for the temporary
 9    license,   shall  be  granted  upon  the  submission  of  the
10    following to the Department:
11             (1)  a  signed   and   completed   application   for
12        licensure  under  subsection  (a)  of  this  Section as a
13        registered nurse or a licensed practical nurse;
14             (2)  proof of a current, active license in at  least
15        one other jurisdiction and proof that each current active
16        license  or  temporary  license  held by the applicant is
17        unencumbered;
18             (3)  a  signed  and  completed  application  for   a
19        temporary license; and
20             (4)  the required permit fee.
21        (g)  The  Department  may  refuse to issue an applicant a
22    temporary license authorized pursuant  to  this  Section  if,
23    within   14   working   days  following  its  receipt  of  an
24    application  for  a   temporary   license,   the   Department
25    determines that:
26             (1)  the  applicant  has  been  convicted of a crime
27        under the laws of a jurisdiction of  the  United  States:
28        (i)  which  is  a  felony; or (ii) which is a misdemeanor
29        directly related  to  the  practice  of  the  profession,
30        within the last 5 years;
31             (2)  within the last 5 years the applicant has had a
32        license  or  permit  related  to  the practice of nursing
33        revoked, suspended, or placed  on  probation  by  another
34        jurisdiction,   if  at  least  one  of  the  grounds  for
 
                            -6-              LRB9202605LDpram
 1        revoking, suspending, or placing on probation is the same
 2        or substantially equivalent to grounds in Illinois; or
 3             (3)  it intends to deny licensure by endorsement.
 4        For purposes of this Section, an  "unencumbered  license"
 5    means a license against which no disciplinary action has been
 6    taken  or  is  pending and for which all fees and charges are
 7    paid and current.
 8        (h)  The Department may revoke a temporary license issued
 9    pursuant to this Section if:
10             (1)  it  determines  that  the  applicant  has  been
11        convicted of a crime under the law of any jurisdiction of
12        the United  States  that  is  (i)  a  felony  or  (ii)  a
13        misdemeanor  directly  related  to  the  practice  of the
14        profession, within the last 5 years;
15             (2)  it determines that within the last 5 years  the
16        applicant  has  had  a  license  or permit related to the
17        practice of nursing  revoked,  suspended,  or  placed  on
18        probation by another jurisdiction, if at least one of the
19        grounds for revoking, suspending, or placing on probation
20        is  the  same  or  substantially equivalent to grounds in
21        Illinois; or
22             (3)  it determines that it intends to deny licensure
23        by endorsement.
24        A temporary license or renewed  temporary  license  shall
25    expire  (i) upon issuance of an Illinois license or (ii) upon
26    notification that the Department intends to deny licensure by
27    endorsement.  A temporary license shall expire 6 months  from
28    the  date of issuance.  Further renewal may be granted by the
29    Department in hardship cases, as defined by rule.  However, a
30    temporary license shall automatically expire upon issuance of
31    the Illinois license or upon notification that the Department
32    intends  to  deny  licensure,  whichever  occurs  first.   No
33    extensions shall be granted beyond the 6-month period  unless
34    approved  by  the  Director.   Notification by the Department
 
                            -7-              LRB9202605LDpram
 1    under this Section shall be by certified or registered mail.
 2    (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.".

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