Public Act 93-0265

HB2553 Enrolled                      LRB093 06488 AMC 06613 b

    AN ACT concerning nursing.

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

    Section 5.  The Nursing and Advanced Practice Nursing Act
is amended by changing Section 5-15 as follows:

    (225 ILCS 65/5-15)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 5-15. Policy; application of Act. For the protection
of  life  and  the promotion of health, and the prevention of
illness and communicable diseases, any person  practicing  or
offering  to  practice  professional and practical nursing in
Illinois shall submit evidence that he or she is qualified to
practice, and shall be licensed as provided under  this  Act.
No person shall practice or offer to practice professional or
practical nursing in Illinois or use any title, sign, card or
device   to   indicate  that  such  a  person  is  practicing
professional or practical nursing unless such person has been
licensed under the provisions of this Act.
    This Act does not prohibit the following:
         (a)  The practice of nursing in  Federal  employment
    in the discharge of the employee's duties by a person who
    is  employed  by  the  United  States  government  or any
    bureau, division or  agency  thereof  and  is  a  legally
    qualified   and   licensed  nurse  of  another  state  or
    territory and not in conflict with Sections 10-5,  10-30,
    and 10-45 of this Act.
         (b)  Nursing  that  is  included in their program of
    study by students enrolled in programs of nursing  or  in
    current  nurse  practice  update  courses approved by the
    Department.
         (c)  The furnishing  of  nursing  assistance  in  an
    emergency.
         (d)  The practice of nursing by a nurse who holds an
    active  license  in another state when providing services
    to patients in Illinois during a bonafide emergency or in
    immediate preparation for or during interstate transit.
         (e)  The incidental care of the sick by  members  of
    the family, domestic servants or housekeepers, or care of
    the sick where treatment is by prayer or spiritual means.
         (f)  Persons  from  being employed as nursing aides,
    attendants, orderlies, and  other  auxiliary  workers  in
    private  homes,  long  term  care  facilities, nurseries,
    hospitals or other institutions.
         (g)  The practice of practical nursing  by  one  who
    has  applied  in  writing  to  the Department in form and
    substance satisfactory to the Department, for  a  license
    as  a  licensed practical nurse and who has complied with
    all  the  provisions  under  Section  10-30,  except  the
    passing of an examination to be eligible to receive  such
    license,  until:  the decision of the Department that the
    applicant  has  failed  to  pass   the   next   available
    examination  authorized  by the Department or has failed,
    without an approved excuse, to take  the  next  available
    examination  authorized  by  the  Department or until the
    withdrawal of  the  application,  but  not  to  exceed  3
    months.  An  applicant practicing practical nursing under
    this Section who passes  the  examination,  however,  may
    continue  to  practice under this Section until such time
    as he or she receives his or her license to  practice  or
    until the Department notifies him or her that the license
    has  been  denied.  No applicant for licensure practicing
    under the provisions of  this  paragraph  shall  practice
    practical  nursing except under the direct supervision of
    a registered professional nurse licensed under  this  Act
    or  a  licensed  physician, dentist or podiatrist.  In no
    instance shall any such applicant practice or be employed
    in any supervisory capacity.
         (h)  The practice of practical nursing by one who is
    a licensed practical nurse under the laws of another U.S.
    jurisdiction  and  has  applied   in   writing   to   the
    Department,  in  form  and  substance satisfactory to the
    Department, for a license as a licensed  practical  nurse
    and  who  is  qualified  to  receive  such  license under
    Section 10-30, until (1) the expiration of 6 months after
    the  filing  of  such  written   application,   (2)   the
    withdrawal of such application, or (3) the denial of such
    application by the Department.
         (i)  The practice of professional nursing by one who
    has  applied  in  writing  to  the Department in form and
    substance satisfactory to the Department for a license as
    a registered professional nurse and has complied with all
    the provisions under Section 10-30 except the passing  of
    an  examination  to  be eligible to receive such license,
    until  the decision of the Department that the  applicant
    has   failed  to  pass  the  next  available  examination
    authorized by the Department or has  failed,  without  an
    approved  excuse,  to take the next available examination
    authorized by the Department or until the  withdrawal  of
    the application, but not to exceed 3 months. An applicant
    practicing  professional  nursing  under this Section who
    passes the examination, however, may continue to practice
    under this Section until such time as he or she  receives
    his  or  her  license to practice or until the Department
    notifies him or her that the license has been denied.  No
    applicant for licensure practicing under  the  provisions
    of  this  paragraph  shall  practice professional nursing
    except under  the  direct  supervision  of  a  registered
    professional  nurse  licensed  under  this  Act.   In  no
    instance shall any such applicant practice or be employed
    in any supervisory capacity.
         (j)  The practice of professional nursing by one who
    is  a  registered  professional  nurse  under the laws of
    another state, territory of the United States or  country
    and has applied in writing to the Department, in form and
    substance  satisfactory  to the Department, for a license
    as a registered professional nurse and who  is  qualified
    to  receive  such license under Section 10-30, until  (1)
    the expiration of 6  months  after  the  filing  of  such
    written   application,   (2)   the   withdrawal  of  such
    application, or (3) the denial of such application by the
    Department.
         (k)  The practice of professional  nursing  that  is
    included in a program of study by one who is a registered
    professional  nurse  under  the  laws of another state or
    territory  of  the  United  States  or  foreign  country,
    territory or province and who is enrolled in  a  graduate
    nursing education program or a program for the completion
    of  a  baccalaureate  nursing degree in this State, which
    includes clinical supervision by faculty as determined by
    the educational institution offering the program and  the
    health  care  organization  where the practice of nursing
    occurs.  The educational institution will file  with  the
    Department  each  academic  term  a list of the names and
    origin of license of all professional  nurses  practicing
    nursing as part of their programs under this provision.
         (l)  Any  person  licensed  in  this State under any
    other Act from engaging in the practice for which she  or
    he is licensed.
         (m)  Delegation  to  authorized  direct  care  staff
    trained  under  Section  15.4  of  the  Mental Health and
    Developmental Disabilities Administrative Act.
    An applicant for license practicing under the  exceptions
set  forth  in  subparagraphs  (g), (h), (i), and (j) of this
Section shall use the title R.N. Lic. Pend.  or  L.P.N.  Lic.
Pend. respectively and no other.
(Source:  P.A.  90-61,  eff.  12-30-97;  90-248, eff. 1-1-98;
90-655, eff. 7-30-98;  90-742,  eff.  8-13-98;  91-630,  eff.
8-19-99.)

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