[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
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.
[ Top ]