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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(Section scheduled to be repealed on January 1, 2008)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(Section scheduled to be repealed on January 1, 2008)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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