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(Section scheduled to be repealed on January 1, 2008)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.