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92nd General Assembly

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Public Act 92-0039

HB0205 Enrolled                                LRB9202604LDpr

    AN ACT in relation to 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 10-30 as follows:

    (225 ILCS 65/10-30)
    Sec. 10-30. Qualifications for licensure.
    (a)  Each    applicant   who   successfully   meets   the
requirements of this Section shall be entitled  to  licensure
as  a Registered Nurse or Licensed Practical Nurse, whichever
is applicable.
    (b)  An  applicant  for  licensure  by   examination   to
practice  as  a  registered nurse or licensed practical nurse
shall:
         (1)  submit  a  completed  written  application,  on
    forms provided by the Department and fees as  established
    by the Department;
         (2)  for  registered nurse licensure, have completed
    an approved professional nursing education program of not
    less than 2 academic years and have  graduated  from  the
    program;  for  licensed  practical  nurse licensure, have
    completed an approved practical nursing education program
    of not less than one academic  year  and  have  graduated
    from the program;
         (3)  have  not  violated  the  provisions of Section
    10-45  of  this  Act.   The  Department  may  take   into
    consideration any felony conviction of the applicant, but
    such a conviction shall not operate as an absolute bar to
    licensure;
         (4)  meet  all  other requirements as established by
    rule;
         (5)  pay, either to the Department or its designated
    testing service, a fee covering the cost of providing the
    examination. Failure to appear for the examination on the
    scheduled date at the time and place specified after  the
    applicant's application for examination has been received
    and  acknowledged  by  the  Department  or the designated
    testing service shall result in  the  forfeiture  of  the
    examination fee.
    If  an  applicant  neglects, fails, or refuses to take an
examination or fails to pass an  examination  for  a  license
under  this  Act within 3 years after filing the application,
the application shall be denied.  However, the applicant  may
make  a  new  application accompanied by the required fee and
provide evidence of meeting the requirements in force at  the
time of the new application.
    An  applicant  who  has never been licensed previously in
any  jurisdiction   that   utilizes   a   Department-approved
examination  and  who  has  taken  and  failed  to  pass  the
examination  within 3 years after filing the application must
submit    proof    of    successful    completion    of     a
Department-authorized    nursing    education    program   or
recompletion of an approved  registered  nursing  program  or
licensed  practical nursing program, as appropriate, prior to
re-application.
    An applicant  shall  have  one  year  from  the  date  of
notification  of  successful completion of the examination to
apply to the Department for a license.  If an applicant fails
to apply within one year, the applicant shall be required  to
again  take  and  pass  the  examination  unless  licensed in
another jurisdiction of the United States within one year  of
passing the examination.
    (c)  An  applicant  for  licensure  who  is  a registered
professional nurse or a licensed practical nurse licensed  by
examination  under  the laws of another state or territory of
the United States shall:
         (1)  submit  a  completed  written  application,  on
    forms supplied by the Department, and fees as established
    by the Department;
         (2)  for registered nurse licensure, have  completed
    an approved professional nursing education program of not
    less  than  2  academic years and have graduated from the
    program; for licensed  practical  nurse  licensure,  have
    completed an approved practical nursing education program
    of  not  less  than  one academic year and have graduated
    from the program;
         (3)  submit   verification   of   licensure   status
    directly  from  the   United   States   jurisdiction   of
    licensure;
         (4)  have  passed  the examination authorized by the
    Department;
         (5)  meet all other requirements as  established  by
    rule.
    (d)  All   applicants  for  licensure  pursuant  to  this
Section who are graduates of nursing educational programs  in
a  country  other  than  the United States or its territories
must submit to the  Department  certification  of  successful
completion  of the Commission of Graduates of Foreign Nursing
Schools (CGFNS) examination. An applicant, who is  unable  to
provide  appropriate documentation to satisfy CGFNS of her or
his educational qualifications  for  the  CGFNS  examination,
shall  be  required to pass an examination to test competency
in the English language which  shall  be  prescribed  by  the
Department, if the applicant is determined by the Board to be
educationally  prepared  in  nursing.   The  Board shall make
appropriate  inquiry  into  the  reasons  for   any   adverse
determination by CGFNS before making its own decision.
    An  applicant  licensed in another state or territory who
is applying  for  licensure  and  has  received  her  or  his
education  in  a  country other than the United States or its
territories shall  be  exempt  from  the  completion  of  the
Commission  of  Graduates  of Foreign Nursing Schools (CGFNS)
examination if the  applicant  meets  all  of  the  following
requirements:
         (1)  successful passage of the licensure examination
    authorized by the Department;
         (2)  holds   an   active,  unencumbered  license  in
    another state; and
         (3)  has been actively practicing for a minimum of 2
    years in another state.
    (e)  (Blank).  No applicant shall be issued a license  as
a  registered  nurse  or  practical  nurse under this Section
unless he or she has passed the examination authorized by the
Department within 3 years of completion and  graduation  from
an  approved nursing education program, unless such applicant
submits    proof    of    successful    completion    of    a
Department-authorized remedial nursing education  program  or
recompletion  of  an  approved  registered nursing program or
licensed practical nursing program, as appropriate.
    (f)  Pending the issuance of a license  under  subsection
(b)  of this Section, the Department may grant an applicant a
temporary license to practice nursing as a  registered  nurse
or  as  a  licensed  practical  nurse  if  the  Department is
satisfied that the applicant holds  an  active,  unencumbered
license  in  good  standing  in another jurisdiction.  If the
applicant holds more than one current active license, or  one
or  more  active temporary licenses from other jurisdictions,
the Department shall not issue a temporary license  until  it
is  satisfied  that  each  current active license held by the
applicant is  unencumbered.   The  temporary  license,  which
shall  be  issued  no  later  than  14 working days following
receipt by the Department of an application for the temporary
license,  shall  be  granted  upon  the  submission  of   the
following to the Department:
         (1)  a   signed   and   completed   application  for
    licensure under subsection  (a)  of  this  Section  as  a
    registered nurse or a licensed practical nurse;
         (2)  proof  of a current, active license in at least
    one other jurisdiction and proof that each current active
    license or temporary license held  by  the  applicant  is
    unencumbered;
         (3)  a   signed  and  completed  application  for  a
    temporary license; and
         (4)  the required permit fee.
    (g)  The Department may refuse to issue  an  applicant  a
temporary  license  authorized  pursuant  to this Section if,
within  14  working  days  following  its   receipt   of   an
application   for   a   temporary   license,  the  Department
determines that:
         (1)  the applicant has been  convicted  of  a  crime
    under  the  laws  of a jurisdiction of the United States:
    (i) which is a felony; or (ii)  which  is  a  misdemeanor
    directly  related  to  the  practice  of  the profession,
    within the last 5 years;
         (2)  within the last 5 years the applicant has had a
    license or permit related  to  the  practice  of  nursing
    revoked,  suspended,  or  placed  on probation by another
    jurisdiction,  if  at  least  one  of  the  grounds   for
    revoking, suspending, or placing on probation is the same
    or substantially equivalent to grounds in Illinois; or
         (3)  it intends to deny licensure by endorsement.
    For  purposes  of this Section, an "unencumbered license"
means a license against which no disciplinary action has been
taken or is pending and for which all fees  and  charges  are
paid and current.
    (h)  The Department may revoke a temporary license issued
pursuant to this Section if:
         (1)  it  determines  that  the  applicant  has  been
    convicted of a crime under the law of any jurisdiction of
    the  United  States  that  is  (i)  a  felony  or  (ii) a
    misdemeanor directly  related  to  the  practice  of  the
    profession, within the last 5 years;
         (2)  it  determines that within the last 5 years the
    applicant has had a license  or  permit  related  to  the
    practice  of  nursing  revoked,  suspended,  or placed on
    probation by another jurisdiction, if at least one of the
    grounds for revoking, suspending, or placing on probation
    is the same or substantially  equivalent  to  grounds  in
    Illinois; or
         (3)  it determines that it intends to deny licensure
    by endorsement.
    A  temporary  license  or renewed temporary license shall
expire (i) upon issuance of an Illinois license or (ii)  upon
notification that the Department intends to deny licensure by
endorsement.   A temporary license shall expire 6 months from
the date of issuance.  Further renewal may be granted by  the
Department in hardship cases, as defined by rule.  However, a
temporary license shall automatically expire upon issuance of
the Illinois license or upon notification that the Department
intends  to  deny  licensure,  whichever  occurs  first.   No
extensions  shall be granted beyond the 6-month period unless
approved by the Director.   Notification  by  the  Department
under this Section shall be by certified or registered mail.
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 10, 2001.
    Approved June 29, 2001.
    Effective June 29, 2001.

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