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92nd General Assembly

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Public Act 92-0043

HB2436 Enrolled                               LRB9204486NTsbA

    AN ACT concerning higher education.

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

    Section  5.   The  Nursing  Education  Scholarship Law is
amended by changing Sections 2, 3, 4,  5,  6,  7,  and  9  as
follows:

    (110 ILCS 975/2) (from Ch. 144, par. 2752)
    Sec.  2.   Legislative finding and declaration of policy.
The General Assembly  finds  and  hereby  declares  that  the
provision  of  a  higher  education  leading  to an associate
degree in of nursing,  an  associate  degree  in  of  applied
sciences  in  nursing,  a  hospital-based diploma in hospital
based nursing, program diploma,  completion  of  a  practical
nursing  education  program,  and  a  baccalaureate degree in
nursing, or a certificate in practical nursing for persons of
this State who desire such an education is important  to  the
health,  welfare  and  security of this State and Nation, and
consequently is an important public purpose.  Many  qualified
and potential nurses are deterred by financial considerations
from   pursuing  their  nursing  education,  with  consequent
irreparable loss to the State and Nation of talents vital  to
health,  welfare  and  security.   A  system of scholarships,
repayment of which  may  be  excused  if  the  individual  is
employed as a registered practices professional nurse nursing
or  a  licensed  practical  nurse  nursing after obtaining an
associate degree in nursing, associate degree in  of  applied
sciences  in nursing, or hospital-based diploma in completing
a  practical  nursing  education  program,   hospital   based
nursing,  program  diploma,  or  a  baccalaureate  degree  in
nursing,  or  certificate  in  practical nursing, will enable
such individuals to attend approved qualified institutions of
their choice in the State, public or private.
(Source: P.A. 89-237, eff. 8-4-95.)

    (110 ILCS 975/3) (from Ch. 144, par. 2753)
    Sec. 3.  Definitions.
    The following terms, whenever used or referred  to,  have
the  following  meanings  except  where  the  context clearly
indicates otherwise:
    (1)  "Board" means the Board of Higher Education  created
by the Board of Higher Education Act.
    (2)  "Department" means the Illinois Department of Public
Health.
    (3)  "Approved  institution"  means  a  public  community
college,  private  junior  college, hospital-based diploma in
hospital based nursing program, or public or private  college
or  university  located in this State that which has National
League  for  Nursing  accreditation  or   approval   by   the
Department  of  Professional  Regulation for an the associate
degree program in nursing program,  associate  degree  in  of
applied  sciences  in nursing program, hospital-based diploma
in hospital  based  nursing  program  diploma,  baccalaureate
degree  in  nursing  program,  or  certificate  in  practical
nursing education program of not less than one academic year,
or baccalaureate degree in nursing.
    (4)  "Baccalaureate  degree  in  nursing program" means a
program offered by an approved institution and leading  to  a
bachelor of science degree in nursing.
    (5)  "Enrollment" means the establishment and maintenance
of  an  individual's  status  as  a  student  in  an approved
institution, regardless of the terms used at the  institution
to describe such status.
    (6)  "Academic  year"  means  the  period  of  time  from
September 1 of one year through August 31 of the next year or
as otherwise defined by the academic institution.
    (7)  "Associate    degree    in    nursing   program   or
hospital-based diploma in  nursing  hospital  based  program"
means  a  program  offered  by  an  approved  institution and
leading to an the associate degree in of  nursing,  associate
degree  in  of applied sciences in nursing, or hospital-based
diploma in nursing hospital based nursing program diploma.
    (8)  "Director"  means  the  Director  of  the   Illinois
Department of Public Health.
    (9)  "Accepted   for   admission"  means  a  student  has
completed the requirements for entry into an associate degree
in nursing program, associate degree in applied  sciences  in
nursing  program,  hospital-based diploma in nursing program,
baccalaureate degree in nursing program,  or  certificate  in
practical  nursing  program  at  an  approved institution, as
documented by the institution.
    (10)  "Fees" means those mandatory charges,  in  addition
to  tuition,  that  all enrolled students must pay, including
required course or lab fees.
    (11)  "Full-time student" means a student enrolled for at
least 12 hours per term or as  otherwise  determined  by  the
academic institution.
    (12)  "Law" means the Nursing Education Scholarship Law.
    (13)  "Nursing employment obligation" means employment in
this  State  as  a  registered professional nurse or licensed
practical nurse in direct patient care for at least one  year
for  each year of scholarship assistance received through the
Nursing Education Scholarship Program.
    (14)  "Part-time student" means a person who is  enrolled
for  at  least  one-third of the number of hours required per
term by a school for its full-time students.
    (15)  "Practical nursing program" means a program offered
by an  approved  institution  leading  to  a  certificate  in
practical nursing.
    (16)  "Registered  professional nurse" means a person who
is currently licensed as a registered professional  nurse  by
the  Department  of Professional Regulation under the Nursing
and Advanced Practice Nursing Act.
    (17)  "Licensed practical nurse" means a  person  who  is
currently  licensed  as  a  licensed  practical  nurse by the
Department of Professional Regulation under the  Nursing  and
Advanced Practice Nursing Act.
    (18)  "School  term"  means  an  academic term, such as a
semester, quarter, trimester, or number of  clock  hours,  as
defined by an approved institution.
    (19)  "Student   in   good   standing"  means  a  student
maintaining a cumulative grade point average equivalent to at
least the academic grade of a "C".
    (20)  "Total and permanent disability" means  a  physical
or  mental impairment, disease, or loss of a permanent nature
that prevents nursing employment with or  without  reasonable
accommodation.   Proof  of  disability shall be a declaration
from the social security administration, Illinois  Industrial
Commission,  Department  of Defense, or an insurer authorized
to transact business in Illinois who is providing  disability
insurance coverage to a contractor.
    (21)  "Tuition"  means  the  established  charges  of  an
institution  of  higher  learning  for  instruction  at  that
institution.
(Source: P.A. 86-1467; 87-577.)

    (110 ILCS 975/4) (from Ch. 144, par. 2754)
    Sec.  4.   Functions  of Department. The Department shall
prepare and supervise  the  issuance  of  public  information
about  the provisions of this Article; prescribe the form and
regulate the submission  of  applications  for  scholarships;
determine   the   eligibility   of   applicants;   award  the
appropriate scholarships; prescribe the  contracts  or  other
acknowledgments of scholarship which an applicant is required
to  execute;  and  determine  whether  all  or  any part of a
recipient's an applicant's scholarship needs to be monetarily
repaid, or has been excused from repayment, and the extent of
any repayment  or  excused  repayment.   The  Department  may
require  a  scholarship  recipient to reimburse the State for
expenses, including  but  not  limited  to  attorney's  fees,
incurred  by the Department or other agent of the State for a
successful legal action against the recipient for a breach of
any provision of the scholarship contract.  In  a  breach  of
contract,   the   Department  may  utilize  referral  to  the
Department of Professional  Regulation  to  revoke,  suspend,
refuse  to renew, place on probationary status, or take other
disciplinary action concerning the  recipient's  credentials.
The Department is authorized to make all necessary and proper
rules,  not inconsistent with this Article, for the efficient
exercise of the foregoing functions.
(Source: P.A. 86-1467.)

    (110 ILCS 975/5) (from Ch. 144, par. 2755)
    Sec.  5.   Nursing  education   full-time   undergraduate
scholarships.  Beginning  with the fall term of the 2002-2003
1991-1992 academic year, 500 scholarships shall  be  provided
each  year  for  qualified individuals who desire to enter an
approved institution awarding an  associate  degree,  nursing
diploma,  or  baccalaureate  degree in nursing or offering an
approved practical nursing education program of not less than
one academic year. Of  the  500  scholarships  provided  each
year,  at  least  50 shall go to persons entering an approved
practical nursing education program  of  not  less  than  one
academic  year.  the Department, in accordance with rules and
regulations promulgated by it for this program, shall provide
scholarships  to  individuals  selected  funding  and   shall
designate   each  year's  new  recipients  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 proof
    of enrollment or acceptance for admission to an associate
    degree  in  a  practical  nursing program, hospital-based
    associate degree nursing, diploma in nursing program,  or
    baccalaureate  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 serve as a registered professional
    nurse  or  licensed  practical  nurse  in   Illinois   in
    accordance with Section 6.
    If in any year the number of qualified applicants exceeds
the  number  of  scholarships  to  be awarded, the Department
shall give priority in awarding scholarships to  students  in
the  greatest  financial  need,  as  shown  on a standardized
financial  needs  assessment  form  used   by   an   approved
institution who will pursue their education on a full-time or
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.  The
Department  shall  consider  factors  such as the applicant's
family income, the size of the  applicant's  family  and  the
number  of other children in the applicant's family attending
college, and  whether  the  applicant  is  the  head  of  the
household   in   determining   the   financial  need  of  the
individual.
    Unless otherwise indicated, these scholarships  shall  be
awarded  to  recipients  at  approved institutions good for a
period of up to 2 3 years if while 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, and up  to  one
year  if  the  recipient  is  enrolled  in  a  certificate in
practical nursing program.  At least 50% of the  scholarships
awarded   shall   be   for   recipients   who   are  pursuing
baccalaureate degrees in nursing,  40%  of  the  scholarships
awarded  shall  be  for recipients who are pursuing associate
degrees in nursing or a diploma in nursing, and  10%  of  the
scholarships awarded shall be for recipients who are pursuing
a certificate in practical nursing. for residence credit at a
community  college,  private junior college or hospital based
nursing program, and up to 4 years if applicant is pursuing a
baccalaureate degree  in  a  public  or  private  college  or
university;  except  that  the  length  of  scholarships  for
persons  studying  to  be  licensed practical nurses shall be
established  by  the  Department.   At  least  1/2   of   the
scholarships awarded shall be for recipients who shall attend
State   supported   schools.   The  scholarship  shall  cover
tuition, fees and a stipend of $2,500 per year for  full-time
students;  except that the amount of scholarships for persons
studying to be licensed practical nurses shall be established
by the Department.  For purposes of  calculating  scholarship
awards  for  recipients  attending private junior colleges or
hospital based  nursing  programs,  or  private  colleges  or
universities,  tuition and fees for these students at private
approved institutions shall  be  deemed  to  not  exceed  the
Statewide  average  tuition  and  fees for students at public
approved institutions for the  academic  year  in  which  the
scholarship is made.
(Source: P.A. 89-237, eff. 8-4-95.)

    (110 ILCS 975/6) (from Ch. 144, par. 2756)
    Sec. 6.  Nursing requirements for scholarship recipients.
Within  12  months  after  Upon  graduation from an associate
degree in nursing program, hospital-based diploma in  nursing
or   hospital   based   program,   in  professional  nursing,
baccalaureate degree in nursing program,  or  certificate  in
practical  nursing  other  program,  or  course  of study any
recipient person who accepted a scholarship under  Section  5
shall   begin   meeting   the   required  nursing  employment
obligation, during the 7 year  period  immediately  following
his  or  her  graduation,  be  employed  in  this  State as a
registered professional nurse or licensed practical nurse, as
each term  defined  in  the  Nursing  and  Advanced  Practice
Nursing Act, for at least one year for each year of full-time
scholarship  support  received.  In order to defer his or her
continuous employment obligation, a  recipient  must  request
the  deferment  in  writing  from the Department. A recipient
shall notify program staff within 30 days if he or she spends
up to 4 years in military service before or after graduation.
A recipient shall notify program staff within 30 days  if  he
or  she  is  enrolled  in  an  academic  program leading to a
graduate degree in nursing.  If a recipient receives  funding
through  the  Nursing  Education  Scholarship  Program  for a
higher degree, the nursing  employment  obligation  shall  be
deferred  until  he  or  she  is  no  longer  enrolled or has
graduated.  The recipient must  begin  meeting  the  required
nursing  employment  obligations no later than 6 months after
the end of the deferments.  If the recipient spends up  to  4
years   in  military  service  before  or  after  he  or  she
graduates, the period of military service shall  be  excluded
from  the computation of that 7 year period.  A recipient who
is enrolled in an academic  program  leading  to  a  graduate
degree  in  nursing  shall  have the period of graduate study
excluded from the computation of that 7 year period.
    Calendar   years   of   required   employment   will   be
proportionally reduced  for  less  than  full  academic  year
scholarship  support;  provided  that  employment  must be at
least 17.5 hours per week.
    Any person who fails to fulfill  the  nursing  employment
obligation  requirement shall pay to the Department an amount
equal to the amount of scholarship funds  received  per  year
for   each   unfulfilled   year  of  the  nursing  employment
obligation requirement, together with interest at 7% per year
on the unpaid balance.  Payment must begin  within  6  months
following   the   date   of  the  occurrence  initiating  the
repayment.  All repayments must be completed within  6  years
from  the  date  of  the occurrence initiating the repayment.
However, this obligation may  be  deferred  and  re-evaluated
every  6  months  to repay does not apply when the failure to
fulfill the nursing employment obligation requirement results
from involuntarily leaving the profession due to  a  decrease
in  the  number  of  nurses employed in the State or when the
failure to fulfill the nursing employment obligation  results
from   total   and   permanent   disability.   The  repayment
obligation shall be excused if the  failure  to  fulfill  the
nursing  employment  obligation  results  from  the  death or
adjudication  as  incompetent  of  the  person  holding   the
scholarship.  No claim for repayment may be filed against the
estate of such a decedent or incompetent.
    Each  person  applying  for  such  a scholarship shall be
provided  with  a  copy  of  this  Section  at  the  time  of
application he or  she  applies  for  the  benefits  of  such
scholarship.
(Source: P.A. 90-742, eff. 8-13-98.)

    (110 ILCS 975/7) (from Ch. 144, par. 2757)
    Sec.   7.  Amount   of   scholarships.   To  determine  a
scholarship amount, the Department shall consider tuition and
fee charges at community colleges and universities  statewide
and  projected  living  expenses.  Using information provided
annually by the Illinois Student Assistance  Commission,  75%
of  the  weighted  tuition  and  fees  charged  by  community
colleges  in  Illinois  shall  be added to the uniform living
allowance reported in the  weighted  Monetary  Award  Program
(MAP)  budget  to  determine the full-time scholarship amount
for students pursuing  an  associate  degree  or  diploma  in
nursing   at  an  Illinois  community  college.   Scholarship
amounts for  students  pursuing  associate  or  baccalaureate
degrees  in  nursing at a college or university shall include
75% of the  weighted  tuition  and  fees  charged  by  public
universities  in  Illinois  plus the uniform living allowance
reported in the weighted MAP budget. Scholarship amounts  for
students  in  practical nursing programs shall include 75% of
the average of  tuition  charges  at  all  practical  nursing
programs  plus  the  uniform living allowance reported in the
weighted MAP budget. A scholarship shall be  for  $2,500  per
year  for living expenses for the full-time student and up to
$2,000 per year for full-time tuition and fees, or a  maximum
of   $4,500  per  year,  less  any  other  State  or  federal
assistance  received  by  applicant  to  assist   applicant's
pursuit  of  an  associate  degree, or hospital based program
diploma, or baccalaureate degree in nursing. The amount of  a
scholarship  for a person studying to be a licensed practical
nurse, however, shall be determined by  the  Department.  The
full-time  student  applicant may receive a scholarship for 3
academic years if pursuing an associate  degree  or  diploma,
and  for  4  academic  years  if  pursuing a baccalaureate in
nursing degree.  A scholarship may be made  to  a  part  time
(but  not less than 1/3 time) student but it shall cover only
tuition and fees and shall not exceed the aggregate of $4,000
for the  total  time  applicant  may  take  to  complete  the
associate  degree,  or  hospital based program in nursing, or
baccalaureate nursing program.  The  Department  may  provide
that  scholarships  shall  be  on  a quarterly or semi-annual
basis and shall be contingent upon the student's  applicant's
diligently  pursuing  nursing applicant's studies and being a
student in good standing.  Scholarship awards may be provided
to part-time students; the  amount  shall  be  determined  by
applying   the   proportion   represented  by  the  part-time
enrollment to  full-time  enrollment  ratio  to  the  average
per-term scholarship amount for a student in the same nursing
degree category.
(Source: P.A. 86-1467; 87-577.)

    (110 ILCS 975/9) (from Ch. 144, par. 2759)
    Sec.   9.    Student   enrollment   and   obligations  of
institutions.
    (a)  An approved institution is free to accept a  student
an   applicant   in   compliance   with  its  own  admissions
requirements, standards, and policies.   The  Department  may
disburse any scholarship for tuition and fees to the approved
institution  direct  for  the  payment  of  tuition and other
necessary fees or for credit against the student's obligation
for such tuition and fees, and upon  acceptance  thereof  the
approved  institution shall be contractually obligated (1) to
provide facilities and instruction to the student on the same
terms as to other students generally, and (2) to provide  the
notices and information described in this Section.
    (b)  If,  in  the  course  of  any  academic  period, any
student enrolled in any approved institution  pursuant  to  a
scholarship  granted  under this Article shall for any reason
cease to be a student in good standing, the institution shall
promptly give written notice  to  the  Department  concerning
such change of status and the reason therefor.
    (c)  A  student  to  whom  a renewal scholarship has been
awarded may either re-enroll in the institution which  he  or
she  attended  during  the  preceding  year, or enroll in any
other  approved  institution;  and  in  either   event,   the
institution  accepting  the  student  for  such enrollment or
re-enrollment shall notify the Department of such acceptance.
(Source: P.A. 86-1467.)

    (110 ILCS 975/10 rep.)
    Section 10.  The Nursing  Education  Scholarship  Law  is
amended by repealing Section 10.

    Section  99.   Effective  date.   This  Act  takes effect
January 1, 2002.
    Passed in the General Assembly May 23, 2001.
    Approved June 29, 2001.
    Effective January 01, 2002.

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