Public Act 094-1020
 
SB0931 Enrolled LRB094 04557 LJB 34586 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 5. GENERAL PROVISIONS.

 
    Section 5-5. Short title. This Act may be cited as the
Nurse Educator Assistance Act.
 
    Section 5-10. Purpose. The purpose of this Act is to
attract capable and promising students to the nursing educator
profession, increase employment and retention of individuals
who are working towards or who have received a master's or
doctoral degree in nursing, and provide opportunities for
persons making mid-career decisions to enter the nurse educator
profession.
 
    Section 5-15. Definitions. In this Act:
    "Approved program of professional nursing education" and
"approved program of practical nursing education" mean
programs of professional or practical nursing, respectively,
approved by the Department of Financial and Professional
Regulation under the provisions of the Nursing and Advanced
Practice Nursing Act.
    "Commission" means the Illinois Student Assistance
Commission.
 
    Section 5-20. Rulemaking. The Commission shall adopt all
rules necessary for the administration of this Act.
 
ARTICLE 10. NURSE EDUCATOR LOAN REPAYMENT PROGRAM.

 
    Section 10-5. Nurse Educator Loan Repayment Program. There
is created, beginning July 1, 2007, the Nurse Educator Loan
Repayment Program to be administered by the Illinois Student
Assistance Commission. The program shall provide assistance,
subject to appropriation, to eligible nurse educators.
 
    Section 10-10. Award; maximum time period; maximum amount.
Subject to appropriation, the Commission shall award a grant to
each qualified applicant for a maximum of 4 years. The amount
of this grant shall not exceed $5,000 per year. The Commission
shall encourage the recipient of a grant awarded under the
program to use the grant award for payment of the recipient's
educational loan.
 
    Section 10-15. Application. All applications for grant
assistance under the program shall be made to the Commission in
a form and manner prescribed by the Commission. Applicants
shall also submit any supporting documents deemed necessary by
the Commission at the time of application.
 
    Section 10-20. Eligibility.
    (a) The Commission shall, on an annual basis, receive and
consider applications for grant assistance under the program.
An applicant is eligible for a grant under the program if the
Commission finds that the applicant:
        (1) is a United States citizen or permanent resident;
        (2) is a resident of Illinois;
        (3) has worked for at least 12 consecutive months as a
    nurse educator in an approved program of professional or
    practical nursing education in Illinois;
        (4) is a borrower with an outstanding balance due on an
    educational loan; and
        (5) has not defaulted on an educational loan.
    (b) Preference may be given to previous recipients of a
grant under the program, provided that the recipient continues
to meet the eligibility requirements set forth in this Section.
    (c) A recipient of a grant under the program must fulfill a
separate 12-month period as a nurse educator in an approved
program of professional or practical nursing education in
Illinois for each grant that he or she is awarded.
 
ARTICLE 15. NURSE EDUCATOR SCHOLARSHIP PROGRAM.

 
    Section 15-5. Nurse Educator Scholarship Program. There is
created, beginning July 1, 2006, the Nurse Educator Scholarship
Program to be administered by the Illinois Student Assistance
Commission. The program shall provide scholarship assistance
until July 1, 2010, subject to appropriation, to eligible
students for nursing-related graduate study.
 
    Section 15-10. Scholarship award; maximum time period;
maximum amount.
    (a) Subject to appropriation, the Commission shall award a
nurse educator scholarship to each qualified applicant in an
amount sufficient to pay the tuition and fees of the Illinois
institution of higher learning at which the recipient is
enrolled, up to the current maximum amount of tuition and fees
charged to students enrolled in an approved program of
professional or practical nursing education at a public
university.
    (b) Scholarship recipients shall also receive a stipend,
the amount of which shall not exceed $10,000, to cover other
costs of attendance, including, but not limited to, living
expenses. Stipend amounts for recipients enrolled on less than
a full-time basis shall be prorated by credit hour.
    (c) A recipient may receive scholarship assistance under
the program for the equivalent of 8 semesters or 16 quarters of
full-time enrollment.
    (d) The total amount of scholarship assistance awarded by
the Commission under the program to an individual in any given
fiscal year, when added to other financial assistance awarded
to that individual for that year, may not exceed the cost of
attendance at the institution of higher learning at which the
student is enrolled.
 
    Section 15-15. Application. All applications for a
scholarship under the program shall be made to the Commission
in a form and manner prescribed by the Commission. Applicants
shall also submit any supporting documents deemed necessary by
the Commission at the time of application.
 
    Section 15-20. Eligibility.
    (a) The Commission shall, on an annual basis until July 1,
2010, receive and consider applications for scholarship
assistance under the program. An applicant is eligible for a
scholarship under the program if the Commission finds that the
applicant:
        (1) is a United States citizen or permanent resident;
        (2) is a resident of Illinois;
        (3) is enrolled or accepted for enrollment on at least
    a half-time basis in an approved program of professional or
    practical nursing education at the graduate level at an
    Illinois institution of higher learning.
    (b) Scholarship recipients shall be selected from among
eligible applicants based on a combination of academic
excellence and financial need, as determined by the Commission.
    (c) Preference may be given to previous recipients of a
scholarship under the program, provided that the recipient
continues to meet the eligibility requirements set forth in
this Section and maintains satisfactory academic progress as
determined by the institution of higher education at which he
or she is enrolled.
    (d) Prior to receiving scholarship assistance for an
academic year, each recipient of a scholarship awarded under
the program must sign an agreement pledging that, within the
one-year period following the termination of the academic
program for which the recipient was awarded a scholarship, the
recipient shall (i) begin working as an educator in an approved
program of professional nursing education or an approved
program of practical nursing education in Illinois for a period
of not less than 5 years and (ii) upon request of the
Commission, provide the Commission with evidence that he or she
is fulfilling or has fulfilled the terms of the work agreement
required under this subsection (d).
 
    Section 15-25. Payment to institution. All scholarship
funds distributed under the program shall be paid to the
institution on behalf of the scholarship recipient.
 
    Section 15-30. Repayment upon default; exception.
    (a) If a recipient of a scholarship awarded under this
Section fails to fulfill the work agreement required under the
program, the Commission shall require the recipient to repay
the amount of the scholarship or scholarships received,
prorated according to the fraction of the work agreement not
completed, plus interest at a rate of 5% and, if applicable,
reasonable collection fees.
    (b) Payments received by the Commission under this Section
shall be remitted to the State Comptroller for deposit into the
General Revenue Fund, except that that portion of a recipient's
repayment that equals the amount in expenses that the
Commission has reasonably incurred in attempting collection
from that recipient shall be remitted to the State Comptroller
for deposit into the Commission's Accounts Receivable Fund.
    (c) A recipient of a scholarship awarded by the Commission
under the program shall not be in violation of the agreement
entered into pursuant to this Article if the recipient is (i)
serving as a member of the armed services of the United States,
(ii) temporarily totally disabled, as established by a sworn
affidavit of a qualified physician, (iii) seeking and unable to
find full-time employment as a nursing educator and is able to
provide evidence of that fact, or (iv) taking additional
courses, on at least a half-time basis, related to nursing
education. Any extension of the period during which the work
requirement must be fulfilled shall be subject to limitations
of duration established by the Commission.
 
ARTICLE 90. AMENDATORY PROVISIONS.

 
    Section 90-2. The State Finance Act is amended by changing
and renumbering Section 5.570, as added by Public Act 92-589,
as follows:
 
    (30 ILCS 105/5.569)
    Sec. 5.569 5.570. The National Guard and Naval Militia
Grant Fund.
(Source: P.A. 92-589, eff. 7-1-02; revised 8-27-02.)
 
    Section 90-5. The Board of Higher Education Act is amended
by adding Sections 9.31 and 9.32 as follows:
 
    (110 ILCS 205/9.31 new)
    Sec. 9.31. Competitive grants to nursing schools. In order
to increase the number of nurses graduating from Illinois
institutions of higher learning, the Board shall establish and
administer a competitive grant program for institutions of
higher learning that award degrees in nursing. The grants may
be awarded on the basis of performance criteria that shall
include, but not be limited to, degree production, student
retention, and passage rates on professional licensure
examinations.
    The Board shall adopt those rules that are necessary for
the implementation and administration of the grants
established under this Section.
 
    (110 ILCS 205/9.32 new)
    Sec. 9.32. Nurse educator fellowship program. In order to
ensure the retention of well-qualified nursing faculty, the
Board shall establish and administer a nurse educator
fellowship program that supplements nursing faculty salaries
at institutions of higher learning that award degrees in
nursing. Fellowships awarded under the program may be awarded
on a competitive basis.
    The Board shall adopt those rules that are necessary for
the implementation and administration of the fellowship
program established under this Section.
 
    Section 90-8. The Higher Education Student Assistance Act
is amended by changing Section 45 and by adding Section 65.80
as follows:
 
    (110 ILCS 947/45)
    Sec. 45. Illinois National Guard and Naval Militia grant
program.
    (a) As used in this Section:
    "State controlled university or community college" means
those institutions under the administration of the Chicago
State University Board of Trustees, the Eastern Illinois
University Board of Trustees, the Governors State University
Board of Trustees, the Illinois State University Board of
Trustees, the Northeastern Illinois University Board of
Trustees, the Northern Illinois University Board of Trustees,
the Western Illinois University Board of Trustees, Southern
Illinois University Board of Trustees, University of Illinois
Board of Trustees, or the Illinois Community College Board.
    "Tuition and fees" shall not include expenses for any
sectarian or denominational instruction, the construction or
maintenance of sectarian or denominational facilities, or any
other sectarian or denominational purposes or activity.
    "Fees" means matriculation, graduation, activity, term, or
incidental fees. Exemption shall not be granted from any other
fees, including book rental, service, laboratory, supply, and
union building fees, hospital and medical insurance fees, and
any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of
interest and principal on bonds issued by the governing board
of any university or community college.
    (b) Any person who has served at least one year in the
Illinois National Guard or the Illinois Naval Militia and who
possesses all necessary entrance requirements shall, upon
application and proper proof, be awarded a grant to the
State-controlled university or community college of his or her
choice, consisting of exemption from tuition and fees for not
more than the equivalent of 4 years of full-time enrollment,
including summer terms, in relation to his or her course of
study at that State controlled university or community college
while he or she is a member of the Illinois National Guard or
the Illinois Naval Militia. Except as otherwise provided in
this Section, if the recipient of any grant awarded under this
Section ceases to be a member of the Illinois National Guard or
the Illinois Naval Militia while enrolled in a course of study
under that grant, the grant shall be terminated as of the date
membership in the Illinois National Guard or the Illinois Naval
Militia ended, and the recipient shall be permitted to complete
the school term in which he or she is then enrolled only upon
payment of tuition and other fees allocable to the part of the
term then remaining. If the recipient of a grant awarded under
this Section ceases to be a member of the Illinois National
Guard or the Illinois Naval Militia while enrolled in a course
of study under that grant but (i) has served in the Illinois
National Guard or the Illinois Naval Militia for at least 5
years and (ii) has served a cumulative total of at least 6
months of active duty, then that recipient shall continue to be
eligible for a grant for one year after membership in the
Illinois National Guard or the Illinois Naval Militia ended,
provided that the recipient has not already received the
exemption from tuition and fees for the equivalent of 4 years
of full-time enrollment, including summer terms, under this
Section. If the recipient of the grant fails to complete his or
her military service obligations or requirements for
satisfactory participation, the Department of Military Affairs
shall require the recipient to repay the amount of the grant
received, prorated according to the fraction of the service
obligation not completed, and, if applicable, reasonable
collection fees. The Department of Military Affairs may adopt
rules relating to its collection activities for repayment of
the grant under this Section. Unsatisfactory participation
shall be defined by rules adopted by the Department of Military
Affairs. Repayments shall be deposited in the National Guard
and Naval Militia Grant Fund. The National Guard and Naval
Militia Grant Fund is created as a special fund in the State
treasury. All money in the National Guard and Naval Militia
Grant Fund shall be used, subject to appropriation, by the
Illinois Student Assistance Commission for the purposes of this
Section.
    A grant awarded under this Section shall be considered an
entitlement which the State-controlled university or community
college in which the holder is enrolled shall honor without any
condition other than the holder's maintenance of minimum grade
levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20 of this Act.
    (c) Subject to a separate appropriation for such purposes,
the Commission may reimburse the State-controlled university
or community college for grants authorized by this Section.
(Source: P.A. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04;
94-583, eff. 8-15-05.)
 
    (110 ILCS 947/65.80 new)
    Sec. 65.80. Forensic science grant program.
    (a) In order to encourage graduate students to enter the
field of forensic science and continue their careers as
forensic scientists with the Department of State Police in one
of the specialty areas of forensic sciences that is considered
a shortage specialty area, the Commission shall, subject to
appropriation, establish and administer a forensic science
grant program.
    (b) A qualified applicant may receive a maximum grant
amount of $30,000 to cover those expenses related to the
forensic science program in which he or she is enrolled.
    (c) The Commission shall, on an annual basis until July 1,
2010, receive and consider applications for grant assistance
under the program. An applicant is eligible for a grant under
the program if the Commission finds that the applicant:
        (1) is a United States citizen or permanent resident;
        (2) is a resident of Illinois or will be a resident of
    Illinois upon completion of the forensic science program;
        (3) is enrolled on a full-time basis in a minimum
    one-year program that combines graduate education with
    training in a specific forensic discipline in a manner
    equivalent to the Department of State Police's new examiner
    training so as to prepare him or her to do casework; and
        (4) meets or will meet all of the evaluation criteria
    required by the Department of State Police for employment.
    (d) Prior to receiving grant assistance for an academic
year, each recipient shall be required by the Commission to
sign an agreement under which the recipient pledges to seek
employment as a forensic scientist with the Department of State
Police and, if such employment is obtained, to continue as an
employee of the Department of State Police for a minimum period
of 4 years. If a recipient of a grant under this Section fails
to fulfill the employment obligation, the Commission shall
require that the recipient repay the amount of the grant award,
prorated according to the fraction of the obligation not
completed, plus interest at a rate of 5% and, if applicable,
reasonable collection fees, as established by the Commission.
    (e) A recipient of a grant award under this Section shall
not be in violation of the agreement entered into pursuant to
subsection (d) of this Section if the Department of State
Police is unable to offer employment to the recipient. The
Commission may adopt rules relating to other conditions under
which a recipient is not considered to be in violation of the
agreement entered into pursuant to subsection (d) of this
Section. Any extension of the period during which the
employment requirement under subsection (d) of this Section
must be fulfilled shall be subject to the limitations of
duration established by the Commission.
    (f) The Commission and the Department of State Police shall
adopt all rules that are necessary for the implementation and
administration of this Section.
 
    Section 90-10. The Nursing Education Scholarship Law is
amended by changing Section 5 as follows:
 
    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
    Sec. 5. Nursing education scholarships. Beginning with the
fall term of the 2004-2005 academic year, the Department, in
accordance with rules and regulations promulgated by it for
this program, shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing:
        (1) that he or she has been a resident of this State
    for at least one year prior to application, and is a
    citizen or a lawful permanent resident alien of the United
    States;
        (2) that he or she is enrolled in or accepted for
    admission to an associate degree in nursing program,
    hospital-based diploma in nursing program, baccalaureate
    degree in nursing program, graduate degree in nursing
    program, or practical nursing program at an approved
    institution; and
        (3) that he or she agrees to meet the nursing
    employment obligation.
    If in any year the number of qualified applicants exceeds
the number of scholarships to be awarded, the Department shall,
in consultation with the Center for Nursing Advisory Board,
consider the following factors in granting give priority in
awarding scholarships:
            (A) Financial To students in the greatest
        financial need, as shown on a standardized financial
        needs assessment form used by an approved institution,
        of students who will pursue their education on a
        full-time or close closest to full-time basis and who
        already have a certificate in practical nursing, a
        diploma in nursing, or an associate degree in nursing
        and are pursuing a higher degree.
            (B) A student's status as a To registered nurse who
        is nurses pursuing a graduate degree in nursing to
        pursue employment in an approved institution that
        educates licensed practical nurses and that educates
        registered nurses in undergraduate and graduate
        nursing programs.
            (C) A student's merit, as shown through his or her
        grade point average, class rank, and other academic and
        extracurricular activities. The Department may add to
        and further define these merit criteria by rule.
    Unless otherwise indicated, scholarships shall be awarded
to recipients at approved institutions for a period of up to 2
years if the recipient is enrolled in an associate degree in
nursing program, up to 3 years if the recipient is enrolled in
a hospital-based diploma in nursing program, up to 4 years if
the recipient is enrolled in a baccalaureate degree in nursing
program, up to 5 years if the recipient is enrolled in a
graduate degree in nursing program, and up to one year if the
recipient is enrolled in a certificate in practical nursing
program. At least 40% of the scholarships awarded shall be for
recipients who are pursuing baccalaureate degrees in nursing,
30% of the scholarships awarded shall be for recipients who are
pursuing associate degrees in nursing or a diploma in nursing,
10% of the scholarships awarded shall be for recipients who are
pursuing a certificate in practical nursing, and 20% of the
scholarships awarded shall be for recipients who are pursuing a
graduate degree in nursing.
(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
 
    Section 90-15. The Nursing and Advanced Practice Nursing
Act is amended by changing Section 10-10 and by adding Title 17
as follows:
 
    (225 ILCS 65/10-10)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 10-10. Department powers and duties.
    (a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
administration of licensing acts and shall exercise other
powers and duties necessary for effectuating the purpose of
this Act. None of the functions, powers, or duties of the
Department with respect to licensure and examination shall be
exercised by the Department except upon review by the Board.
The Department shall adopt rules to implement, interpret, or
make specific the provisions and purposes of this Act; however
no such rules shall be adopted by the Department except upon
review by the Board.
    (b) The Department shall:
        (1) prepare and maintain a list of approved programs of
    professional nursing education and programs of practical
    nursing education in this State, whose graduates, if they
    have the other necessary qualifications provided in this
    Act, shall be eligible to apply for a license to practice
    nursing in this State;
        (2) promulgate rules defining what constitutes an
    approved program of professional nursing education and
    what constitutes an approved program of practical nursing
    education; and
        (3) adopt rules for examination of candidates for
    licenses and for issuance of licenses authorizing
    candidates upon passing an examination to practice under
    this Act.
    (c) The Department may act upon the recommendations of the
Center for Nursing Advisory Board.
(Source: P.A. 90-742, eff. 8-13-98.)
 
    (225 ILCS 65/Tit. 17 heading new)
    (Title heading scheduled to be repealed on January 1, 2008)
TITLE 17. ILLINOIS CENTER FOR NURSING

 
    (225 ILCS 65/17-5 new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-5. Definitions. In this Title:
    "Board" means the Center for Nursing Advisory Board.
    "Center" means the Illinois Center for Nursing.
 
    (225 ILCS 65/17-10 new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-10. Illinois Center for Nursing. There is created
the Illinois Center for Nursing to address issues of supply and
demand in the nursing profession, including issues of
recruitment, retention, and utilization of nurse manpower
resources. The General Assembly finds that the Center will
enhance the delivery of quality health care services by
providing an ongoing strategy for the allocation of the State's
resources directed towards nursing. Each of the following
objectives shall serve as the primary goals for the Center:
        (1) To develop a strategic plan for nursing manpower in
    Illinois by selecting priorities that must be addressed.
        (2) To convene various groups of representatives of
    nurses, other health care providers, businesses and
    industries, consumers, legislators, and educators to:
            (A) review and comment on data analysis prepared
        for the Center;
            (B) recommend systemic changes, including
        strategies for implementation of recommended changes;
        and
            (C) evaluate and report the results of the Board's
        efforts to the General Assembly and others.
        (3) To enhance and promote recognition, reward, and
    renewal activities for nurses in Illinois by:
            (A) proposing and creating reward, recognition,
        and renewal activities for nursing; and
            (B) promoting media and positive image-building
        efforts for nursing.
 
    (225 ILCS 65/17-15 new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-15. Center for Nursing Advisory Board.
    (a) There is created the Center for Nursing Advisory Board,
which shall consist of 11 members appointed by the Governor,
with 6 members of the Board being nurses representative of
various nursing specialty areas. The other 5 members may
include representatives of associations, health care
providers, nursing educators, and consumers. The Board shall be
chaired by the Nursing Act Coordinator, who shall be a voting
member of the Board.
    (b) The membership of the Board shall reasonably reflect
representation from the geographic areas in this State.
    (c) Members of the Board appointed by the Governor shall
serve for terms of 4 years, with no member serving more than 10
successive years, except that, initially, 4 members shall be
appointed to the Board for terms that expire on June 30, 2009,
4 members shall be appointed to the Board for terms that expire
on June 30, 2008, and 3 members shall be appointed to the Board
for terms that expire on June 30, 2007. A member shall serve
until his or her successor is appointed and has qualified.
Vacancies shall be filled in the same manner as original
appointments, and any member so appointed shall serve during
the remainder of the term for which the vacancy occurred.
    (d) A quorum of the Board shall consist of a majority of
Board members currently serving. A majority vote of the quorum
is required for Board decisions. A vacancy in the membership of
the Board shall not impair the right of a quorum to exercise
all of the rights and perform all of the duties of the Board.
    (e) The Governor may remove any appointed member of the
Board for misconduct, incapacity, or neglect of duty and shall
be the sole judge of the sufficiency of the cause for removal.
    (f) Members of the Board are immune from suit in any action
based upon any activities performed in good faith as members of
the Board.
    (e) Members of the Board shall not receive compensation,
but shall be reimbursed for actual traveling, incidentals, and
expenses necessarily incurred in carrying out their duties as
members of the Board, as approved by the Department.
 
    (225 ILCS 65/17-20 new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17-20. Powers and duties of the Board.
    (a) The Board shall be advisory to the Department and shall
possess and perform each of the following powers and duties:
        (1) determine operational policy;
        (2) administer grants, scholarships, internships, and
    other programs, as defined by rule, including the
    administration of programs, as determined by law, that
    further those goals set forth in Section 17-10 of this
    Title, in consultation with other State agencies, as
    provided by law;
        (3) establish committees of the Board as needed;
        (4) recommend the adoption and, from time to time, the
    revision of those rules that may be adopted and necessary
    to carry out the provisions of this Act;
        (5) implement the major functions of the Center, as
    established in the goals set forth in Section 17-10 of this
    Title; and
        (6) seek and accept non-State funds for carrying out
    the policy of the Center.
    (b) The Center shall work in consultation with other State
agencies as necessary.
 
ARTICLE 99. EFFECTIVE DATE.

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

Effective Date: 7/11/2006