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92nd General Assembly

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Public Act 92-0744

SB2223 Enrolled                                LRB9213174ACcd

    AN ACT concerning the practice of 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 Sections 5-23  and  10-30  and  adding
Section 15-13 as follows:

    (225 ILCS 65/5-23)
    (Section scheduled to be repealed on January 1, 2008)
    Sec.   5-23.    Criminal  background  check.   After  the
effective date of this amendatory Act  of  the  91st  General
Assembly,  the  Department  shall  require  an  applicant for
initial licensure under this Act  to  submit  to  a  criminal
background check by the Illinois State Police and the Federal
Bureau  of  Investigation  as  part  of the qualification for
licensure.   If  an  applicant's  criminal  background  check
indicates criminal conviction,  the  applicant  must  further
submit to a fingerprint-based criminal background check.  The
Department shall adopt rules to implement this Section.
(Source: P.A. 91-369, eff. 1-1-00.)

    (225 ILCS 65/10-30)
    (Section scheduled to be repealed on January 1, 2008)
    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 graduated
    from  a  completed  an  approved   professional   nursing
    education  program approved by the Department of not less
    than  2  academic  years  and  have  graduated  from  the
    program;
         (2.5)  for licensed practical nurse licensure,  have
    graduate  from  a completed an approved practical nursing
    education program approved by the Department 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  may  take  and  successfully  complete   a
Department-approved   examination  in  another  jurisdiction.
However, 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 by endorsement 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  or  a  foreign   country,
jurisdiction, territory, or province 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 graduated
    from  a  completed  an  approved   professional   nursing
    education  program approved by the Department of not less
    than  2  academic  years  and  have  graduated  from  the
    program;
         (2.5)  for licensed practical nurse licensure,  have
    graduated  from a completed an approved practical nursing
    education program approved by the Department 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, if applicable, as defined by rule;
         (4)  have  passed  the examination authorized by the
    Department;
         (5)  meet all other requirements as  established  by
    rule.
    (d)  All   applicants   for  registered  nurse  licensure
pursuant to item (2)  of  subsection  (b)  and  item  (2)  of
subsection  (c)  of 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).
    (f)  Pending the issuance of a license  under  subsection
(c)  (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 within
    the last 5 years is unencumbered;
         (3)  a   signed  and  completed  application  for  a
    temporary license; and
         (4)  the required temporary license 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 and upon
approval of the Director.  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.
    (i)  Applicants have 3 years from the date of application
to complete the application process. If the process  has  not
been  completed  within 3 years from the date of application,
the application shall be denied, the fee forfeited,  and  the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(Source: P.A. 92-39, eff. 6-29-01.)

    (225 ILCS 65/15-13 new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15-13.  License pending status.
    (a)  A  graduate  of an advanced practice nursing program
may practice  in  the  State  of  Illinois  in  the  role  of
certified clinical nurse specialist, certified nurse midwife,
certified  nurse  practitioner, or certified registered nurse
anesthetist for not longer than 6 months provided he  or  she
submits all of the following:
         (1)  An  application  for  licensure  as an advanced
    practice nurse in Illinois.
         (2)  Proof of an application to  take  the  national
    certification examination in the specialty.
         (3)  Proof  of  completion  of  a  graduate advanced
    practice education program that allows the  applicant  to
    be  eligible  for  national  certification  in a clinical
    advanced practice nursing speciality and that allows  the
    applicant to be eligible for licensure in Illinois in the
    area of his or her specialty.
         (4)  Proof that he or she is licensed in Illinois as
    a registered professional nurse.
         (5)  Proof  that  he or she has a completed proposed
    collaborative agreement or practice agreement as required
    under Section 15-15 or 15-25 of this Act.
         (6)  The license application fee as set by rule.
    (b)  License pending status shall preclude delegation  of
prescriptive authority.
    (c)  A   graduate  practicing  in  accordance  with  this
Section  must  use  the  title  "license  pending   certified
clinical  nurse specialist", "license pending certified nurse
midwife", "license pending certified nurse practitioner",  or
"license  pending  certified  registered  nurse anesthetist",
whichever is applicable.

    (225 ILCS 65/10-40 rep.)
    Section 10. The Nursing and Advanced Practice Nursing Act
is amended by repealing Section 10-40.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 09, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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