Bill Text: IL HB0313 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Nurse Practice Act from January 1, 2018 to January 1, 2028. Amends the Nurse Practice Act. Defines "focused assessment", "full practice authority", "oversight", and "postgraduate advanced practice nurse". Changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN" throughout the Act. Replaces provisions regarding nursing delegation with provisions that prohibit specified actions. Provides other guidelines for delegation of nursing activities and medication administration. Makes changes to education program requirements, qualifications for licensure, the scope of practice, and continuing education for LPN and RN licensees. Provides that a written collaborative agreement is required for all postgraduate advanced practice registered nurses until specific requirements have been met. Provides that postgraduate advanced practice registered nurses may enter into written collaborative agreements with collaborating advanced practice registered nurses or physicians (rather than collaborating physicians or podiatric physicians). In provisions concerning prescriptive authority for postgraduate advanced practice registered nurses, sets forth the requirements for postgraduate advanced practice registered nurses to have prescriptive authority and the limitations of such authority. Makes changes to provisions concerning the grounds for disciplinary action under the Act. Requires the Department of Public Health to prepare a report regarding the moneys appropriated from the Nursing Dedicated and Professional Fund to the Department of Public Health for nursing scholarships. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2017-04-24 - House Floor Amendment No. 3 Rules Refers to Health Care Licenses Committee [HB0313 Detail]

Download: Illinois-2017-HB0313-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0313

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:
See Index

Amends the Regulatory Sunset Act. Extends the repeal of the Nurse Practice Act from January 1, 2018 to January 1, 2028. Amends the Nurse Practice Act. Defines "focused assessment", "full practice authority", "oversight", and "postgraduate advanced practice nurse". Changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN" throughout the Act. Replaces provisions regarding nursing delegation with provisions that prohibit specified actions. Provides other guidelines for delegation of nursing activities and medication administration. Makes changes to education program requirements, qualifications for licensure, the scope of practice, and continuing education for LPN and RN licensees. Provides that a written collaborative agreement is required for all postgraduate advanced practice registered nurses until specific requirements have been met. Provides that postgraduate advanced practice registered nurses may enter into written collaborative agreements with collaborating advanced practice registered nurses or physicians (rather than collaborating physicians or podiatric physicians). In provisions concerning prescriptive authority for postgraduate advanced practice registered nurses, sets forth the requirements for postgraduate advanced practice registered nurses to have prescriptive authority and the limitations of such authority. Makes changes to provisions concerning the grounds for disciplinary action under the Act. Requires the Department of Public Health to prepare a report regarding the moneys appropriated from the Nursing Dedicated and Professional Fund to the Department of Public Health for nursing scholarships. Makes other changes. Effective immediately.
LRB100 04130 SMS 14135 b

A BILL FOR

HB0313LRB100 04130 SMS 14135 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9 The Illinois Petroleum Education and Marketing Act.
10 The Podiatric Medical Practice Act of 1987.
11 The Acupuncture Practice Act.
12 The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14 The Interpreter for the Deaf Licensure Act of 2007.
15 The Nurse Practice Act.
16 The Clinical Social Work and Social Work Practice Act.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
23 The Physician Assistant Practice Act of 1987.

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Nurse Practice Act.
10 Section 10. The Nurse Practice Act is amended by changing
11Sections 50-10, 50-70, 50-75, 55-5, 55-10, 55-30, 55-35, 60-5,
1260-10, 60-15, 60-35, 65-30, 65-35, 65-35.1, 65-40, 65-45,
1365-50, 65-55, 65-60, 65-65, 70-5, and 70-50 and adding Sections
1465-35.2 and 65-43 as follows:
15 (225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 50-10. Definitions. Each of the following terms, when
18used in this Act, shall have the meaning ascribed to it in this
19Section, except where the context clearly indicates otherwise:
20 "Academic year" means the customary annual schedule of
21courses at a college, university, or approved school,
22customarily regarded as the school year as distinguished from
23the calendar year.

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1 "Advanced practice registered nurse" or "APRN" "APN" means
2a person who has met the qualifications for a (i) certified
3nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
4(iii) certified registered nurse anesthetist (CRNA); or (iv)
5clinical nurse specialist (CNS) and has been licensed by the
6Department. All advanced practice registered nurses licensed
7and practicing in the State of Illinois shall use the title
8APRN APN and may use specialty credentials CNM, CNP, CRNA, or
9CNS after their name. All advanced practice registered nurses
10may only practice in accordance with national certification and
11this Act.
12 "Approved program of professional nursing education" and
13"approved program of practical nursing education" are programs
14of professional or practical nursing, respectively, approved
15by the Department under the provisions of this Act.
16 "Board" means the Board of Nursing appointed by the
17Secretary.
18 "Collaboration" means a process involving 2 or more health
19care professionals working together, each contributing one's
20respective area of expertise to provide more comprehensive
21patient care.
22 "Consultation" means the process whereby an advanced
23practice registered nurse seeks the advice or opinion of
24another health care professional.
25 "Credentialed" means the process of assessing and
26validating the qualifications of a health care professional.

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1 "Current nursing practice update course" means a planned
2nursing education curriculum approved by the Department
3consisting of activities that have educational objectives,
4instructional methods, content or subject matter, clinical
5practice, and evaluation methods, related to basic review and
6updating content and specifically planned for those nurses
7previously licensed in the United States or its territories and
8preparing for reentry into nursing practice.
9 "Dentist" means a person licensed to practice dentistry
10under the Illinois Dental Practice Act.
11 "Department" means the Department of Financial and
12Professional Regulation.
13 "Focused assessment" includes recognition of patient
14characteristics by a licensed practical nurse that may affect
15the patient's health status, the gathering and recording of
16assessment data, and demonstration of attentiveness by
17observing, monitoring, and reporting signs, symptoms, and
18changes in the patient's condition in an ongoing manner to the
19delegating registered nurse, advanced practice registered
20nurse, physician assistant, dentist, podiatric physician, or
21physician.
22 "Full practice authority" means the authority of an
23advanced practice registered nurse to practice without a
24written collaborative agreement while maintaining
25collaborative, consultative, and referral networks with other
26health care professionals if the advanced practice registered

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1nurse has met the requirements of this Act and petitioned the
2Department to do so.
3 "Hospital affiliate" means a corporation, partnership,
4joint venture, limited liability company, or similar
5organization, other than a hospital, that is devoted primarily
6to the provision, management, or support of health care
7services and that directly or indirectly controls, is
8controlled by, or is under common control of the hospital. For
9the purposes of this definition, "control" means having at
10least an equal or a majority ownership or membership interest.
11A hospital affiliate shall be 100% owned or controlled by any
12combination of hospitals, their parent corporations, or
13physicians licensed to practice medicine in all its branches in
14Illinois. "Hospital affiliate" does not include a health
15maintenance organization regulated under the Health
16Maintenance Organization Act.
17 "Impaired nurse" means a nurse licensed under this Act who
18is unable to practice with reasonable skill and safety because
19of a physical or mental disability as evidenced by a written
20determination or written consent based on clinical evidence,
21including loss of motor skills, abuse of drugs or alcohol, or a
22psychiatric disorder, of sufficient degree to diminish his or
23her ability to deliver competent patient care.
24 "License-pending advanced practice registered nurse" means
25a registered professional nurse who has completed all
26requirements for licensure as an advanced practice registered

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1nurse except the certification examination and has applied to
2take the next available certification exam and received a
3temporary license from the Department.
4 "License-pending registered nurse" means a person who has
5passed the Department-approved registered nurse licensure exam
6and has applied for a license from the Department. A
7license-pending registered nurse shall use the title "RN lic
8pend" on all documentation related to nursing practice.
9 "Oversight" means an active process in which the registered
10professional nurse or advanced practice registered nurse
11monitors, directs, guides, and evaluates the outcomes of an
12activity or task as components of patient care coordination
13when delegating to a licensed or unlicensed person. Such
14oversight may be on site and immediately available or off site
15through methods of telecommunication or electronic written
16communication.
17 "Physician" means a person licensed to practice medicine in
18all its branches under the Medical Practice Act of 1987.
19 "Podiatric physician" means a person licensed to practice
20podiatry under the Podiatric Medical Practice Act of 1987.
21 "Postgraduate advanced practice registered nurse" means an
22advanced practice registered nurse who, after the effective
23date of this amendatory Act of the 100th General Assembly,
24meets the qualifications for licensure as a certified nurse
25practitioner, certified nurse midwife, or certified clinical
26nurse specialist, and has obtained a written collaborative

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1agreement with a collaborating advanced practice registered
2nurse or physician.
3 "Practical nurse" or "licensed practical nurse" means a
4person who is licensed as a practical nurse under this Act and
5practices practical nursing as defined in this Act. Only a
6practical nurse licensed under this Act is entitled to use the
7title "licensed practical nurse" and the abbreviation
8"L.P.N.".
9 "Practical nursing" means a nursing practice, with or
10without compensation, overseen by a registered professional
11nurse or an advanced practice registered nurse or as directed
12by a physician, physician assistant, dentist, or podiatric
13physician, as described in Section 55-30.
14 "Practical nursing" means the performance of nursing acts
15requiring the basic nursing knowledge, judgment, and skill
16acquired by means of completion of an approved practical
17nursing education program. Practical nursing includes
18assisting in the nursing process as delegated by a registered
19professional nurse or an advanced practice nurse. The practical
20nurse may work under the direction of a licensed physician,
21dentist, podiatric physician, or other health care
22professional determined by the Department.
23 "Privileged" means the authorization granted by the
24governing body of a healthcare facility, agency, or
25organization to provide specific patient care services within
26well-defined limits, based on qualifications reviewed in the

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1credentialing process.
2 "Registered Nurse" or "Registered Professional Nurse"
3means a person who is licensed as a professional nurse under
4this Act and practices nursing as defined in this Act. Only a
5registered nurse licensed under this Act is entitled to use the
6titles "registered nurse" and "registered professional nurse"
7and the abbreviation, "R.N.".
8 "Registered professional nursing practice" means a
9scientific process founded on a professional body of knowledge,
10which includes, but is not limited to, the protection,
11promotion, and optimization of health and abilities,
12prevention of illness and injury, facilitation of healing,
13alleviation of suffering through the diagnosis and treatment of
14human response, and advocacy in the care of individuals,
15families, groups, communities, and populations, as described
16in Section 60-35. "Registered professional nursing practice"
17does not include the act of medical diagnosis or prescription
18of medical therapeutic or corrective measures.
19 "Registered professional nursing practice" is a scientific
20process founded on a professional body of knowledge; it is a
21learned profession based on the understanding of the human
22condition across the life span and environment and includes all
23nursing specialties and means the performance of any nursing
24act based upon professional knowledge, judgment, and skills
25acquired by means of completion of an approved professional
26nursing education program. A registered professional nurse

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1provides holistic nursing care through the nursing process to
2individuals, groups, families, or communities, that includes
3but is not limited to: (1) the assessment of healthcare needs,
4nursing diagnosis, planning, implementation, and nursing
5evaluation; (2) the promotion, maintenance, and restoration of
6health; (3) counseling, patient education, health education,
7and patient advocacy; (4) the administration of medications and
8treatments as prescribed by a physician licensed to practice
9medicine in all of its branches, a licensed dentist, a licensed
10podiatric physician, or a licensed optometrist or as prescribed
11by a physician assistant or by an advanced practice nurse; (5)
12the coordination and management of the nursing plan of care;
13(6) the delegation to and supervision of individuals who assist
14the registered professional nurse implementing the plan of
15care; and (7) teaching nursing students. The foregoing shall
16not be deemed to include those acts of medical diagnosis or
17prescription of therapeutic or corrective measures.
18 "Professional assistance program for nurses" means a
19professional assistance program that meets criteria
20established by the Board of Nursing and approved by the
21Secretary, which provides a non-disciplinary treatment
22approach for nurses licensed under this Act whose ability to
23practice is compromised by alcohol or chemical substance
24addiction.
25 "Secretary" means the Secretary of Financial and
26Professional Regulation.

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1 "Unencumbered license" means a license issued in good
2standing.
3 "Written collaborative agreement" means a written
4agreement between a certified registered nurse anesthetist an
5advanced practice nurse and a collaborating physician,
6dentist, or podiatric physician or a postgraduate advanced
7practice registered nurse with a written agreement between a
8collaborating advanced practice registered nurse or physician
9pursuant to Section 65-35.
10(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
1199-330, eff. 1-1-16; 99-642, eff. 7-28-16.)
12 (225 ILCS 65/50-70) (was 225 ILCS 65/10-35)
13 (Section scheduled to be repealed on January 1, 2018)
14 Sec. 50-70. Concurrent theory and clinical practice
15education requirements of this Act. The educational
16requirements of Sections 55-10 and 60-10 of this Act relating
17to registered professional nursing and licensed practical
18nursing shall not be deemed to have been satisfied by the
19completion of any correspondence course or any program of
20nursing that does not require coordinated or concurrent theory
21and clinical practice. The Department may, upon recommendation
22of the Board, grant an Illinois license to those applicants who
23have received advanced graduate degrees in nursing from an
24approved program with concurrent theory and clinical practice
25or to those applicants who are currently licensed in another

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1state and have been actively practicing clinical nursing for a
2minimum of 2 years.
3(Source: P.A. 95-639, eff. 10-5-07.)
4 (225 ILCS 65/50-75)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 50-75. Nursing delegation.
7 (a) For the purposes of this Section:
8 "Delegation" means the transfer of responsibility for the
9performance of a task or activity from one individual to
10another while retaining accountability for the outcome.
11 "Competence" means an expected and measurable level of
12performance that integrates knowledge, skills, abilities, and
13judgment, based on established scientific knowledge and
14expectations for nursing practice.
15 "Nursing activity" means any work requiring the use of
16knowledge acquired by completion of an approved program for
17licensure, including advanced education, continuing education,
18and experience as a licensed practical nurse, professional
19registered nurse, or advanced practice registered nurse.
20 "Oversight" means an active process in which the registered
21professional nurse or advanced practice registered nurse
22monitors, directs, guides, and evaluates the outcomes of an
23activity or task as components of patient-care coordination
24when delegating to a licensed or unlicensed person. Such
25oversight may be on-site and immediately available or off-site

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1through methods of telecommunication or electronic written
2communication
3 "Predictability of outcomes" means when the nursing
4assessment by a registered professional nurse or advanced
5practice registered nurse determines that the individual's
6clinical and behavioral status and nursing care needs will
7fluctuate and the patient's deteriorating condition is
8expected, as with end-of-life care.
9 "Stability" means when the nursing assessment by a
10registered professional nurse or advanced practice registered
11nurse determines that the individual's clinical and behavioral
12status and nursing care needs are non-fluctuating and
13consistent.
14 "Task" means work not requiring nursing knowledge,
15judgment, or decision-making acquired by completion of an
16approved program for licensure, including advanced education,
17continuing education, and experience.
18 (b) This Section prohibits the following:
19 (1) The delegation of medication by any individual or
20 entity not authorized by law to do so.
21 (2) A registered professional nurse or advanced
22 practice registered nurse from the delegation of nursing
23 judgment, the overall patient assessment, the development
24 of the plan of care, and the evaluation of care to licensed
25 or unlicensed personnel.
26 (3) A licensed practical nurse or unlicensed personnel

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1 who has been delegated a nursing activity from redelegating
2 the nursing activity.
3 (4) The delegation of medication to unlicensed persons
4 in any institutional facility, including, but not limited
5 to, those licensed by the Hospital Licensing Act, the
6 University of Illinois Hospital Act, State-operated mental
7 health hospitals, or State-operated developmental centers.
8 (5) Superseding the requirements of Article 80 in this
9 Act or Section 15.4 of the Mental Health and Developmental
10 Disabilities Administrative Act.
11 (c) This Section does not prohibit a registered
12professional nurse or advanced practice registered nurse from:
13 (1) the delegation and oversight of tasks and nursing
14 activities based on overall patient assessment that
15 includes, but is not limited to, (A) the stability and
16 condition of the patient, (B) the potential for harm, (C)
17 the complexity of the task or nursing activity, (D)
18 predictability of outcomes, and (E) determining competency
19 of the personnel to whom the task or activity is delegated.
20 (2) the delegation and oversight of medication
21 administration to other licensed nurses or unlicensed
22 personnel; or
23 (3) the refusal to delegate, stop, or rescind a
24 previously authorized delegation.
25 "Delegation" means transferring to an individual the
26authority to perform a selected nursing activity or task, in a

HB0313- 14 -LRB100 04130 SMS 14135 b
1selected situation.
2 "Nursing activity" means any work requiring the use of
3knowledge acquired by completion of an approved program for
4licensure, including advanced education, continuing education,
5and experience as a licensed practical nurse or professional
6nurse, as defined by the Department by rule.
7 "Task" means work not requiring nursing knowledge,
8judgment, or decision-making, as defined by the Department by
9rule.
10 (b) Nursing shall be practiced by licensed practical
11nurses, registered professional nurses, and advanced practice
12nurses. In the delivery of nursing care, nurses work with many
13other licensed professionals and other persons. An advanced
14practice nurse may delegate to registered professional nurses,
15licensed practical nurses, and others persons.
16 (c) A registered professional nurse shall not delegate any
17nursing activity requiring the specialized knowledge,
18judgment, and skill of a licensed nurse to an unlicensed
19person, including medication administration. A registered
20professional nurse may delegate nursing activities to other
21registered professional nurses or licensed practical nurses.
22 A registered nurse may delegate tasks to other licensed and
23unlicensed persons. A licensed practical nurse who has been
24delegated a nursing activity shall not re-delegate the nursing
25activity. A registered professional nurse or advanced practice
26nurse retains the right to refuse to delegate or to stop or

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1rescind a previously authorized delegation.
2(Source: P.A. 95-639, eff. 10-5-07.)
3 (225 ILCS 65/55-5)
4 (Section scheduled to be repealed on January 1, 2018)
5 Sec. 55-5. LPN education program requirements.
6 (a) All Illinois practical nurse education programs must be
7reviewed by the Board and approved by the Department before the
8successful completion of such a program may be applied toward
9meeting the requirements for practical nurse licensure under
10this Act. Any program changing the level of educational
11preparation or the relationship with or to the parent
12institution or establishing an extension of an existing program
13must request a review by the Board and approval by the
14Department. The Board shall review and make a recommendation
15for the approval or disapproval of a program by the Department
16based on the following criteria:
17 (1) a feasibility study that describes the need for the
18 program and the facilities used, the potential of the
19 program to recruit faculty and students, financial support
20 for the program, and other criteria, as established by
21 rule;
22 (2) program curriculum that meets all State
23 requirements;
24 (3) the administration of the program by a Nurse
25 Administrator and the involvement of a Nurse Administrator

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1 in the development of the program; and
2 (4) the occurrence of a site visit prior to approval;
3 and .
4 (5) beginning December 31, 2022, obtaining
5 programmatic accreditation by a national accrediting body
6 for nursing education that is recognized by the United
7 States Department of Education and approved by the Board of
8 Nursing.
9 The Board of Nursing shall be notified within 30 days
10should the program lose its accreditation. The Board shall
11determine a process for warnings and adopt rules for
12reaccreditation.
13 (b) In order to obtain initial Department approval and to
14maintain Department approval, a practical nursing program must
15meet all of the following requirements:
16 (1) The program must continually be administered
17 academically and clinically by a Nurse Administrator.
18 (2) The institution responsible for conducting the
19 program and the Nurse Administrator must ensure that
20 individual faculty members are academically and
21 professionally competent.
22 (3) The program curriculum must contain all applicable
23 requirements established by rule, including both theory
24 and clinical components.
25 (4) The passage rates of the program's graduating
26 classes on the State-approved licensure exam must be deemed

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1 satisfactory by the Department.
2 (c) Program site visits to an institution conducting or
3hosting a practical nursing program may be made at the
4discretion of the Nursing Coordinator or upon recommendation of
5the Board.
6 (d) Any institution conducting a practical nursing program
7that wishes to discontinue the program must do each of the
8following:
9 (1) Notify the Department, in writing, of its intent to
10 discontinue the program.
11 (2) Continue to meet the requirements of this Act and
12 the rules adopted thereunder until the official date of
13 termination of the program.
14 (3) Notify the Department of the date on which the last
15 student shall graduate from the program and the program
16 shall terminate.
17 (4) Assist remaining students in the continuation of
18 their education in the event of program termination prior
19 to the graduation of the program's final student.
20 (5) Upon the closure of the program, notify the
21 Department, in writing, of the location of student and
22 graduate records storage.
23(Source: P.A. 95-639, eff. 10-5-07.)
24 (225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
25 (Section scheduled to be repealed on January 1, 2018)

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1 Sec. 55-10. Qualifications for LPN licensure.
2 (a) Each applicant who successfully meets the requirements
3of this Section shall be entitled to licensure as a Licensed
4Practical Nurse.
5 (b) An applicant for licensure by examination to practice
6as a practical nurse must do each of the following:
7 (1) Submit a completed written application, on forms
8 provided by the Department and fees as established by the
9 Department.
10 (2) Have graduated from a practical nursing education
11 program approved by the Department or have been granted a
12 certificate of completion of pre-licensure requirements
13 from another United States jurisdiction.
14 (3) Successfully complete a licensure examination
15 approved by the Department.
16 (4) Have not violated the provisions of this Act
17 concerning the grounds for disciplinary action. The
18 Department may take into consideration any felony
19 conviction of the applicant, but such a conviction shall
20 not operate as an absolute bar to licensure.
21 (5) Submit to the criminal history records check
22 required under Section 50-35 of this Act.
23 (6) Submit either to the Department or its designated
24 testing service, a fee covering the cost of providing the
25 examination. Failure to appear for the examination on the
26 scheduled date at the time and place specified after the

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1 applicant's application for examination has been received
2 and acknowledged by the Department or the designated
3 testing service shall result in the forfeiture of the
4 examination fee.
5 (7) Meet all other requirements established by rule.
6 An applicant for licensure by examination may take the
7Department-approved examination in another jurisdiction.
8 (b-5) If an applicant who graduates from an approved
9program does not apply to take the examination for a license
10within 6 months and successfully complete the examination
11within 12 months after graduation in this State or another
12jurisdiction, he or she must enroll in and successfully
13complete a Board-approved licensure examination preparatory
14course. The applicant is responsible for all costs associated
15with the course and may not use State or federal financial aid
16for such costs. The Board shall by rule establish guidelines
17for licensure examination preparatory courses. An applicant
18may sit for the National Council Licensure Examination for
19Practical Nurses (NCLEX-PN) a maximum of 6 times. If not
20successful, the applicant must enroll in and complete an
21approved practical nursing education program prior to
22submitting an additional application for the licensure exam for
23licensure by examination neglects, fails, or refuses to take an
24examination or fails to pass an examination for a license under
25this Act within 3 years after filing the application, the
26application shall be denied. The applicant must enroll in and

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1complete an approved practical nursing education program prior
2to submitting an additional application for the licensure exam.
3 An applicant may take and successfully complete a
4Department-approved examination in another jurisdiction.
5However, an applicant who has never been licensed previously in
6any jurisdiction that utilizes a Department-approved
7examination and who has taken and failed to pass the
8examination within 12 months 3 years after filing the
9application must submit proof of successful completion of a
10Department-authorized nursing education program or
11recompletion of an approved licensed practical nursing program
12prior to re-application.
13 (c) (Blank) An applicant for licensure by examination shall
14have one year from the date of notification of successful
15completion of the examination to apply to the Department for a
16license. If an applicant fails to apply within one year, the
17applicant shall be required to retake and pass the examination
18unless licensed in another jurisdiction of the United States.
19 (d) A licensed practical nurse applicant who passes the
20Department-approved licensure examination and has applied to
21the Department for licensure may obtain employment as a
22license-pending practical nurse and practice as delegated by a
23registered professional nurse or an advanced practice nurse or
24physician. An individual may be employed as a license-pending
25practical nurse if all of the following criteria are met:
26 (1) He or she has completed and passed the

HB0313- 21 -LRB100 04130 SMS 14135 b
1 Department-approved licensure exam and presents to the
2 employer the official written notification indicating
3 successful passage of the licensure examination.
4 (2) He or she has completed and submitted to the
5 Department an application for licensure under this Section
6 as a practical nurse.
7 (3) He or she has submitted the required licensure fee.
8 (4) He or she has met all other requirements
9 established by rule, including having submitted to a
10 criminal history records check.
11 (e) The privilege to practice as a license-pending
12practical nurse shall terminate with the occurrence of any of
13the following:
14 (1) Three months have passed since the official date of
15 passing the licensure exam as inscribed on the formal
16 written notification indicating passage of the exam. This
17 3-month period may be extended as determined by rule.
18 (2) Receipt of the practical nurse license from the
19 Department.
20 (3) Notification from the Department that the
21 application for licensure has been denied.
22 (4) A request by the Department that the individual
23 terminate practicing as a license-pending practical nurse
24 until an official decision is made by the Department to
25 grant or deny a practical nurse license.
26 (f) An applicant for licensure by endorsement who is a

HB0313- 22 -LRB100 04130 SMS 14135 b
1licensed practical nurse licensed by examination under the laws
2of another state or territory of the United States or a foreign
3country, jurisdiction, territory, or province must do each of
4the following:
5 (1) Submit a completed written application, on forms
6 supplied by the Department, and fees as established by the
7 Department.
8 (2) Have graduated from a practical nursing education
9 program approved by the Department.
10 (3) Submit verification of licensure status directly
11 from the United States jurisdiction of licensure, if
12 applicable, as defined by rule.
13 (4) Submit to the criminal history records check
14 required under Section 50-35 of this Act.
15 (5) Meet all other requirements as established by the
16 Department by rule.
17 (g) All applicants for practical nurse licensure by
18examination or endorsement who are graduates of nursing
19educational programs in a country other than the United States
20or its territories shall have their nursing education
21credentials evaluated by a Department-approved nursing
22credentialing evaluation service. No such applicant may be
23issued a license under this Act unless the applicant's program
24is deemed by the nursing credentialing evaluation service to be
25equivalent to a professional nursing education program
26approved by the Department. An applicant who has graduated from

HB0313- 23 -LRB100 04130 SMS 14135 b
1a nursing educational program outside of the United States or
2its territories and whose first language is not English shall
3submit certification of passage of the Test of English as a
4Foreign Language (TOEFL), as defined by rule. The Department
5may, upon recommendation from the nursing evaluation service,
6waive the requirement that the applicant pass the TOEFL
7examination if the applicant submits verification of the
8successful completion of a nursing education program conducted
9in English. The requirements of this subsection (d) may be
10satisfied by the showing of proof of a certificate from the
11Certificate Program or the VisaScreen Program of the Commission
12on Graduates of Foreign Nursing Schools.
13 (h) (Blank) An applicant licensed in another state or
14territory who is applying for licensure and has received her or
15his education in a country other than the United States or its
16territories shall have her or his nursing education credentials
17evaluated by a Department-approved nursing credentialing
18evaluation service. No such applicant may be issued a license
19under this Act unless the applicant's program is deemed by the
20nursing credentialing evaluation service to be equivalent to a
21professional nursing education program approved by the
22Department. An applicant who has graduated from a nursing
23educational program outside of the United States or its
24territories and whose first language is not English shall
25submit certification of passage of the Test of English as a
26Foreign Language (TOEFL), as defined by rule. The Department

HB0313- 24 -LRB100 04130 SMS 14135 b
1may, upon recommendation from the nursing evaluation service,
2waive the requirement that the applicant pass the TOEFL
3examination if the applicant submits verification of the
4successful completion of a nursing education program conducted
5in English or the successful passage of an approved licensing
6examination given in English. The requirements of this
7subsection (d-5) may be satisfied by the showing of proof of a
8certificate from the Certificate Program or the VisaScreen
9Program of the Commission on Graduates of Foreign Nursing
10Schools.
11 (i) A licensed practical nurse who holds an unencumbered
12license in good standing in another United States jurisdiction
13and who has applied for practical nurse licensure under this
14Act by endorsement may be issued a temporary license, if
15satisfactory proof of such licensure in another jurisdiction is
16presented to the Department. The Department shall not issue an
17applicant a temporary practical nurse license until it is
18satisfied that the applicant holds an active, unencumbered
19license in good standing in another jurisdiction. If the
20applicant holds more than one current active license or one or
21more active temporary licenses from another jurisdiction, the
22Department may not issue a temporary license until the
23Department is satisfied that each current active license held
24by the applicant is unencumbered. The temporary license, which
25shall be issued no later than 14 working days following receipt
26by the Department of an application for the temporary license,

HB0313- 25 -LRB100 04130 SMS 14135 b
1shall be granted upon the submission of all of the following to
2the Department:
3 (1) A completed application for licensure as a
4 practical nurse.
5 (2) Proof of a current, active license in at least one
6 other jurisdiction of the United States and proof that each
7 current active license or temporary license held by the
8 applicant within the last 5 years is unencumbered.
9 (3) A signed and completed application for a temporary
10 license.
11 (4) The required temporary license fee.
12 (j) The Department may refuse to issue an applicant a
13temporary license authorized pursuant to this Section if,
14within 14 working days following its receipt of an application
15for a temporary license, the Department determines that:
16 (1) the applicant has been convicted of a crime under
17 the laws of a jurisdiction of the United States that is:
18 (i) a felony; or (ii) a misdemeanor directly related to the
19 practice of the profession, within the last 5 years;
20 (2) the applicant has had a license or permit related
21 to the practice of practical nursing revoked, suspended, or
22 placed on probation by another jurisdiction within the last
23 5 years and at least one of the grounds for revoking,
24 suspending, or placing on probation is the same or
25 substantially equivalent to grounds in Illinois; or
26 (3) the Department intends to deny licensure by

HB0313- 26 -LRB100 04130 SMS 14135 b
1 endorsement.
2 (k) The Department may revoke a temporary license issued
3pursuant to this Section if it determines any of the following:
4 (1) That the applicant has been convicted of a crime
5 under the law of any jurisdiction of the United States that
6 is (i) a felony or (ii) a misdemeanor directly related to
7 the practice of the profession, within the last 5 years.
8 (2) That within the last 5 years the applicant has had
9 a license or permit related to the practice of nursing
10 revoked, suspended, or placed on probation by another
11 jurisdiction, and at least one of the grounds for revoking,
12 suspending, or placing on probation is the same or
13 substantially equivalent to grounds for disciplinary
14 action under this Act.
15 (3) That the Department intends to deny licensure by
16 endorsement.
17 (l) A temporary license shall expire 6 months from the date
18of issuance. Further renewal may be granted by the Department
19in hardship cases, as defined by rule and upon approval of the
20Secretary. However, a temporary license shall automatically
21expire upon issuance of a valid license under this Act or upon
22notification that the Department intends to deny licensure,
23whichever occurs first.
24 (m) All applicants for practical nurse licensure have 3
25years from the date of application to complete the application
26process. If the process has not been completed within 3 years

HB0313- 27 -LRB100 04130 SMS 14135 b
1from the date of application, the application shall be denied,
2the fee forfeited, and the applicant must reapply and meet the
3requirements in effect at the time of reapplication.
4(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
595-639, eff. 10-5-07.)
6 (225 ILCS 65/55-30)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 55-30. LPN scope of practice.
9 (a) Practice as a licensed practical nurse means a scope of
10basic nursing practice, with or without compensation, as
11overseen delegated by a registered professional nurse or an
12advanced practice registered nurse or as directed by a
13physician assistant, physician, dentist, or podiatric
14physician, and includes, but is not limited to, all of the
15following:
16 (1) Collecting data and focused assessments
17 collaborating in the assessment of the health status of a
18 patient.
19 (2) Collaborating in the development and modification
20 of the registered professional nurse's or advanced
21 practice nurse's comprehensive nursing plan of care for all
22 types of patients.
23 (3) Implementing aspects of the plan of care as
24 delegated.
25 (4) Participating in health teaching and counseling to

HB0313- 28 -LRB100 04130 SMS 14135 b
1 promote, attain, and maintain the optimum health level of
2 patients, as delegated.
3 (5) Serving as an advocate for the patient by
4 communicating and collaborating with other health service
5 personnel, as delegated.
6 (6) Participating in the evaluation of patient
7 responses to interventions.
8 (7) Communicating and collaborating with other health
9 care professionals as delegated.
10 (8) Providing input into the development of policies
11 and procedures to support patient safety.
12(Source: P.A. 98-214, eff. 8-9-13.)
13 (225 ILCS 65/55-35)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 55-35. Continuing education for LPN licensees. The
16Department shall may adopt rules of continuing education for
17licensed practical nurses that require 20 hours of continuing
18education per 2-year license renewal cycle. The rules shall
19address variances in part or in whole for good cause, including
20without limitation illness or hardship. The continuing
21education rules must ensure that licensees are given the
22opportunity to participate in programs sponsored by or through
23their State or national professional associations, hospitals,
24or other providers of continuing education. Each licensee is
25responsible for maintaining records of completion of

HB0313- 29 -LRB100 04130 SMS 14135 b
1continuing education and shall be prepared to produce the
2records when requested by the Department.
3(Source: P.A. 95-639, eff. 10-5-07.)
4 (225 ILCS 65/60-5)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 60-5. RN education program requirements; out-of-State
7programs.
8 (a) All registered professional nurse education programs
9must be reviewed by the Board and approved by the Department
10before the successful completion of such a program may be
11applied toward meeting the requirements for registered
12professional nurse licensure under this Act. Any program
13changing the level of educational preparation or the
14relationship with or to the parent institution or establishing
15an extension of an existing program must request a review by
16the Board and approval by the Department. The Board shall
17review and make a recommendation for the approval or
18disapproval of a program by the Department based on the
19following criteria:
20 (1) a feasibility study that describes the need for the
21 program and the facilities used, the potential of the
22 program to recruit faculty and students, financial support
23 for the program, and other criteria, as established by
24 rule;
25 (2) program curriculum that meets all State

HB0313- 30 -LRB100 04130 SMS 14135 b
1 requirements;
2 (3) the administration of the program by a Nurse
3 Administrator and the involvement of a Nurse Administrator
4 in the development of the program; and
5 (4) the occurrence of a site visit prior to approval; .
6 (5) effective December 31, 2022, obtaining and
7 maintaining programmatic accreditation by a national
8 accrediting body for nursing education recognized by the
9 United States Department of Education and approved by the
10 Board of Nursing; and
11 (6) the Board of Nursing shall be notified within 30
12 days should the program lose its accreditation. The Board
13 shall determine a process for warnings and adopts rules for
14 reaccreditation.
15 (b) In order to obtain initial Department approval and to
16maintain Department approval, a registered professional
17nursing program must meet all of the following requirements:
18 (1) The institution responsible for conducting the
19 program and the Nurse Administrator must ensure that
20 individual faculty members are academically and
21 professionally competent.
22 (2) The program curriculum must contain all applicable
23 requirements established by rule, including both theory
24 and clinical components.
25 (3) The passage rates of the program's graduating
26 classes on the State-approved licensure exam must be deemed

HB0313- 31 -LRB100 04130 SMS 14135 b
1 satisfactory by the Department.
2 (c) Program site visits to an institution conducting or
3hosting a professional nursing program may be made at the
4discretion of the Nursing Coordinator or upon recommendation of
5the Board. Full routine site visits shall be conducted by the
6Department for periodic evaluation. The visits shall be used to
7determine compliance with this Act. Full routine site visits
8must be announced and may be waived at the discretion of the
9Department if the program maintains accreditation with the
10Accreditation Commission for Education in Nursing (ACEN)
11National League for Nursing Accrediting Commission (NLNAC) or
12the Commission on Collegiate Nursing Education (CCNE).
13 (d) Any institution conducting a registered professional
14nursing program that wishes to discontinue the program must do
15each of the following:
16 (1) Notify the Department, in writing, of its intent to
17 discontinue the program.
18 (2) Continue to meet the requirements of this Act and
19 the rules adopted thereunder until the official date of
20 termination of the program.
21 (3) Notify the Department of the date on which the last
22 student shall graduate from the program and the program
23 shall terminate.
24 (4) Assist remaining students in the continuation of
25 their education in the event of program termination prior
26 to the graduation of the program's final student.

HB0313- 32 -LRB100 04130 SMS 14135 b
1 (5) Upon the closure of the program, notify the
2 Department, in writing, of the location of student and
3 graduate records' storage.
4 (e) Out-of-State registered professional nursing education
5programs planning to offer clinical practice experiences in
6this State must meet the requirements set forth in this Section
7and must meet the clinical and faculty requirements for
8institutions outside of this State, as established by rule. The
9institution responsible for conducting an out-of-State
10registered professional nursing education program and the
11administrator of the program shall be responsible for ensuring
12that the individual faculty and preceptors overseeing the
13clinical experience are academically and professionally
14competent.
15(Source: P.A. 95-639, eff. 10-5-07.)
16 (225 ILCS 65/60-10)
17 (Section scheduled to be repealed on January 1, 2018)
18 Sec. 60-10. Qualifications for RN licensure.
19 (a) Each applicant who successfully meets the requirements
20of this Section shall be entitled to licensure as a registered
21professional nurse.
22 (b) An applicant for licensure by examination to practice
23as a registered professional nurse must do each of the
24following:
25 (1) Submit a completed written application, on forms

HB0313- 33 -LRB100 04130 SMS 14135 b
1 provided by the Department, and fees, as established by the
2 Department.
3 (2) Have graduated from a professional nursing
4 education program approved by the Department or have been
5 granted a certificate of completion of pre-licensure
6 requirements from another United States jurisdiction.
7 (3) Successfully complete a licensure examination
8 approved by the Department.
9 (4) Have not violated the provisions of this Act
10 concerning the grounds for disciplinary action. The
11 Department may take into consideration any felony
12 conviction of the applicant, but such a conviction may not
13 operate as an absolute bar to licensure.
14 (5) Submit to the criminal history records check
15 required under Section 50-35 of this Act.
16 (6) Submit, either to the Department or its designated
17 testing service, a fee covering the cost of providing the
18 examination. Failure to appear for the examination on the
19 scheduled date at the time and place specified after the
20 applicant's application for examination has been received
21 and acknowledged by the Department or the designated
22 testing service shall result in the forfeiture of the
23 examination fee.
24 (7) Meet all other requirements established by the
25 Department by rule. An applicant for licensure by
26 examination may take the Department-approved examination

HB0313- 34 -LRB100 04130 SMS 14135 b
1 in another jurisdiction.
2 (b-5) If an applicant who graduates from an approved
3program does not apply to take the examination for a license
4within 6 months and successfully complete the examination
5within 12 months after graduation in this State or another
6jurisdiction, he or she must enroll in and successfully
7complete a Board-approved licensure examination preparatory
8course. The applicant is responsible for all costs associated
9with the course and may not use State or federal financial aid
10for such costs. The Board shall by rule establish guidelines
11for licensure examination preparatory courses. An applicant
12may sit for the National Council Licensure Examination for
13Registered Nurses (NCLEX-RN) a maximum of 6 times. If not
14successful, the applicant must enroll in and complete an
15approved practical nursing education program prior to
16submitting an additional application for the licensure exam for
17licensure by examination neglects, fails, or refuses to take an
18examination or fails to pass an examination for a license
19within 3 years after filing the application, the application
20shall be denied. The applicant may make a new application
21accompanied by the required fee, evidence of meeting the
22requirements in force at the time of the new application, and
23proof of the successful completion of at least 2 additional
24years of professional nursing education.
25 An applicant may take and successfully complete a
26Department-approved examination in another jurisdiction. An

HB0313- 35 -LRB100 04130 SMS 14135 b
1applicant who has never been licensed previously in any
2jurisdiction that utilizes a Department-approved examination
3and who has taken and failed to pass the examination within 12
4months after filing the application must submit proof of
5successful completion of a Department-authorized nursing
6education program or recompletion of an approved licensed
7practical nursing program prior to re-application.
8 (c) (Blank) An applicant for licensure by examination shall
9have one year after the date of notification of the successful
10completion of the examination to apply to the Department for a
11license. If an applicant fails to apply within one year, the
12applicant shall be required to retake and pass the examination
13unless licensed in another jurisdiction of the United States.
14 (d) An applicant for licensure by examination who passes
15the Department-approved licensure examination for professional
16nursing may obtain employment as a license-pending registered
17nurse and practice under the direction of a registered
18professional nurse or an advanced practice nurse until such
19time as he or she receives his or her license to practice or
20until the license is denied. In no instance shall any such
21applicant practice or be employed in any management capacity.
22An individual may be employed as a license-pending registered
23nurse if all of the following criteria are met:
24 (1) He or she has completed and passed the
25 Department-approved licensure exam and presents to the
26 employer the official written notification indicating

HB0313- 36 -LRB100 04130 SMS 14135 b
1 successful passage of the licensure examination.
2 (2) He or she has completed and submitted to the
3 Department an application for licensure under this Section
4 as a registered professional nurse.
5 (3) He or she has submitted the required licensure fee.
6 (4) He or she has met all other requirements
7 established by rule, including having submitted to a
8 criminal history records check.
9 (e) The privilege to practice as a license-pending
10registered nurse shall terminate with the occurrence of any of
11the following:
12 (1) Three months have passed since the official date of
13 passing the licensure exam as inscribed on the formal
14 written notification indicating passage of the exam. The
15 3-month license pending period may be extended if more time
16 is needed by the Department to process the licensure
17 application.
18 (2) Receipt of the registered professional nurse
19 license from the Department.
20 (3) Notification from the Department that the
21 application for licensure has been refused.
22 (4) A request by the Department that the individual
23 terminate practicing as a license-pending registered nurse
24 until an official decision is made by the Department to
25 grant or deny a registered professional nurse license.
26 (f) An applicant for registered professional nurse

HB0313- 37 -LRB100 04130 SMS 14135 b
1licensure by endorsement who is a registered professional nurse
2licensed by examination under the laws of another state or
3territory of the United States must do each of the following:
4 (1) Submit a completed written application, on forms
5 supplied by the Department, and fees as established by the
6 Department.
7 (2) Have graduated from a registered professional
8 nursing education program approved by the Department.
9 (3) Submit verification of licensure status directly
10 from the United States jurisdiction of licensure, if
11 applicable, as defined by rule.
12 (4) Submit to the criminal history records check
13 required under Section 50-35 of this Act.
14 (5) Meet all other requirements as established by the
15 Department by rule.
16 (g) Pending the issuance of a license under this Section,
17the Department may grant an applicant a temporary license to
18practice nursing as a registered professional nurse if the
19Department is satisfied that the applicant holds an active,
20unencumbered license in good standing in another U.S.
21jurisdiction. If the applicant holds more than one current
22active license or one or more active temporary licenses from
23another jurisdiction, the Department may not issue a temporary
24license until the Department is satisfied that each current
25active license held by the applicant is unencumbered. The
26temporary license, which shall be issued no later than 14

HB0313- 38 -LRB100 04130 SMS 14135 b
1working days after receipt by the Department of an application
2for the temporary license, shall be granted upon the submission
3of all of the following to the Department:
4 (1) A completed application for licensure as a
5 registered professional nurse.
6 (2) Proof of a current, active license in at least one
7 other jurisdiction of the United States and proof that each
8 current active license or temporary license held by the
9 applicant within the last 5 years is unencumbered.
10 (3) A completed application for a temporary license.
11 (4) The required temporary license fee.
12 (h) The Department may refuse to issue an applicant a
13temporary license authorized pursuant to this Section if,
14within 14 working days after its receipt of an application for
15a temporary license, the Department determines that:
16 (1) the applicant has been convicted of a crime under
17 the laws of a jurisdiction of the United States that is (i)
18 a felony or (ii) a misdemeanor directly related to the
19 practice of the profession, within the last 5 years;
20 (2) the applicant has had a license or permit related
21 to the practice of nursing revoked, suspended, or placed on
22 probation by another jurisdiction within the last 5 years,
23 if at least one of the grounds for revoking, suspending, or
24 placing on probation is the same or substantially
25 equivalent to grounds for disciplinary action under this
26 Act; or

HB0313- 39 -LRB100 04130 SMS 14135 b
1 (3) the Department intends to deny licensure by
2 endorsement.
3 (i) The Department may revoke a temporary license issued
4pursuant to this Section if it determines any of the following:
5 (1) That the applicant has been convicted of a crime
6 under the laws of any jurisdiction of the United States
7 that is (i) a felony or (ii) a misdemeanor directly related
8 to the practice of the profession, within the last 5 years.
9 (2) That within the last 5 years, the applicant has had
10 a license or permit related to the practice of nursing
11 revoked, suspended, or placed on probation by another
12 jurisdiction, if at least one of the grounds for revoking,
13 suspending, or placing on probation is the same or
14 substantially equivalent to grounds for disciplinary
15 action under this Act.
16 (3) That it intends to deny licensure by endorsement.
17 (j) A temporary license issued under this Section shall
18expire 6 months after the date of issuance. Further renewal may
19be granted by the Department in hardship cases, as defined by
20rule and upon approval of the Secretary. However, a temporary
21license shall automatically expire upon issuance of the
22Illinois license or upon notification that the Department
23intends to deny licensure, whichever occurs first.
24 (k) All applicants for registered professional nurse
25licensure have 3 years after the date of application to
26complete the application process. If the process has not been

HB0313- 40 -LRB100 04130 SMS 14135 b
1completed within 3 years after the date of application, the
2application shall be denied, the fee forfeited, and the
3applicant must reapply and meet the requirements in effect at
4the time of reapplication.
5 (l) All applicants for registered nurse licensure by
6examination or endorsement who are graduates of practical
7nursing educational programs in a country other than the United
8States and its territories shall have their nursing education
9credentials evaluated by a Department-approved nursing
10credentialing evaluation service. No such applicant may be
11issued a license under this Act unless the applicant's program
12is deemed by the nursing credentialing evaluation service to be
13equivalent to a professional nursing education program
14approved by the Department. An applicant who has graduated from
15a nursing educational program outside of the United States or
16its territories and whose first language is not English shall
17submit certification of passage of the Test of English as a
18Foreign Language (TOEFL), as defined by rule. The Department
19may, upon recommendation from the nursing evaluation service,
20waive the requirement that the applicant pass the TOEFL
21examination if the applicant submits verification of the
22successful completion of a nursing education program conducted
23in English. The requirements of this subsection (l) may be
24satisfied by the showing of proof of a certificate from the
25Certificate Program or the VisaScreen Program of the Commission
26on Graduates of Foreign Nursing Schools.

HB0313- 41 -LRB100 04130 SMS 14135 b
1 (m) An applicant licensed in another state or territory who
2is applying for licensure and has received her or his education
3in a country other than the United States or its territories
4shall have her or his nursing education credentials evaluated
5by a Department-approved nursing credentialing evaluation
6service. No such applicant may be issued a license under this
7Act unless the applicant's program is deemed by the nursing
8credentialing evaluation service to be equivalent to a
9professional nursing education program approved by the
10Department. An applicant who has graduated from a nursing
11educational program outside of the United States or its
12territories and whose first language is not English shall
13submit certification of passage of the Test of English as a
14Foreign Language (TOEFL), as defined by rule. The Department
15may, upon recommendation from the nursing evaluation service,
16waive the requirement that the applicant pass the TOEFL
17examination if the applicant submits verification of the
18successful completion of a nursing education program conducted
19in English or the successful passage of an approved licensing
20examination given in English. The requirements of this
21subsection (m) may be satisfied by the showing of proof of a
22certificate from the Certificate Program or the VisaScreen
23Program of the Commission on Graduates of Foreign Nursing
24Schools.
25(Source: P.A. 95-639, eff. 10-5-07.)

HB0313- 42 -LRB100 04130 SMS 14135 b
1 (225 ILCS 65/60-15) (was 225 ILCS 65/10-37)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 60-15. Registered nurse externship permit.
4 (a) The Department shall establish a program under which
5the Department may issue a nurse externship permit to a
6registered nurse who is licensed under the laws of another
7state or territory of the United States and who has not taken
8the National Council Licensure Examination (NCLEX). A nurse who
9is issued a permit shall be allowed to practice as a nurse
10extern under the direct, on-site supervision of a registered
11professional nurse licensed under this Act. There shall be one
12supervising registered professional nurse for every one nurse
13extern.
14 (b) An applicant shall be qualified to receive a nurse
15externship permit if that applicant:
16 (1) Has submitted a completed written application to
17 the Department, on forms provided by the Department, and
18 submitted any fees established by the Department.
19 (2) Has graduated from a professional nursing
20 education program approved by the Department.
21 (3) Is licensed as a professional nurse in another
22 state or territory of the United States and has submitted a
23 verification of active and unencumbered licensure in all of
24 the states and territories in which the applicant is
25 licensed.
26 (4) Has submitted verification of an offer of

HB0313- 43 -LRB100 04130 SMS 14135 b
1 employment in Illinois as a nurse extern. The Department
2 may prescribe the information necessary to determine if
3 this employment meets the requirements of the permit
4 program. This information shall include a copy of the
5 written employment offer.
6 (5) Has submitted a written statement from the
7 applicant's prospective employer stating that the
8 prospective employer agrees to pay the full tuition for the
9 Bilingual Nurse Consortium course or other course approved
10 by rule.
11 (6) Has submitted proof of taking the Test of English
12 as a Foreign Language (TOEFL) with a minimum score as set
13 by rule. Applicants with the highest TOEFL scores shall be
14 given first consideration to entrance into an extern
15 program.
16 (7) Has submitted written verification that the
17 applicant has been enrolled in the Bilingual Nurse
18 Consortium course or other course approved by rule. This
19 verification must state that the applicant shall be able to
20 complete the course within the year for which the permit is
21 issued.
22 (8) Has agreed to submit to the Department a mid-year
23 exam as determined by rule that demonstrates proficiency
24 towards passing the NCLEX.
25 (9) Has not violated the provisions of Section 70-5 of
26 this Act. The Department may take into consideration any

HB0313- 44 -LRB100 04130 SMS 14135 b
1 felony conviction of the applicant, but such a conviction
2 shall not operate as an absolute bar to licensure.
3 (10) Has met all other requirements established by
4 rule.
5 (c) A nurse extern shall be issued no more than one permit
6in a lifetime. The permit shall expire one calendar year after
7it is issued. Before being issued a license under this Act, the
8nurse extern must submit proof of the successful completion of
9the Bilingual Nurse Consortium course or other course approved
10by rule and successful passage of the NCLEX. The nurse extern
11shall not practice autonomous, professional nursing until he or
12she is licensed under this Act. The nurse extern shall carry
13out progressive nursing skills under the direct supervision of
14a registered nurse licensed under this Act and shall not be
15employed in a supervisory capacity. The nurse extern shall work
16only in the sponsoring facility. A nurse extern may work for a
17period not to exceed one calendar year from the date of
18issuance of the permit or until he or she fails the NCLEX.
19While working as a nurse extern, the nurse extern is subject to
20the provisions of this Act and all rules adopted by the
21Department for the administration of this Act.
22 (d) The Secretary shall convene a task force to establish
23clinical guidelines that allow for the gradual progression of
24nursing skills in culturally diverse practice settings. The
25Nursing Act Coordinator or his or her designee shall serve as
26chairperson of the task force. The task force shall include,

HB0313- 45 -LRB100 04130 SMS 14135 b
1but not be limited to, 2 representatives of the Illinois Nurses
2Association, 2 representatives of the Illinois Hispanic Nurses
3Association, a nurse engaged in nursing education who possesses
4a master's degree or higher, one representative from the
5Humboldt Park Vocational Educational Center, 2 registered
6nurses from United States territories who each hold a current
7State nursing license, one representative from the Chicago
8Bilingual Nurse Consortium, and one member of the Illinois
9Hospital Association. The task force shall complete this work
10no longer than 4 months after convening. After the nurse
11externship permit program has been in effect for 2 years, the
12task force shall evaluate the effectiveness of the program and
13make appropriate recommendations to the Secretary.
14(Source: P.A. 94-351, eff. 7-28-05; 95-639, eff. 10-5-07.)
15 (225 ILCS 65/60-35)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 60-35. RN scope of practice. The RN scope of nursing
18practice is the protection, promotion, and optimization of
19health and abilities, the prevention of illness and injury, the
20facilitation of healing, the alleviation of suffering through
21the nursing diagnosis and treatment of human response, and
22advocacy in the care of individuals, families, groups,
23communities, and populations. Practice as a registered
24professional nurse means this full scope of nursing, with or
25without compensation, that incorporates caring for all

HB0313- 46 -LRB100 04130 SMS 14135 b
1patients in all settings, through nursing standards of practice
2and professional performance for coordination of care, and
3includes, but is not limited to, all of the following:
4 (1) Collecting pertinent data and information relative
5 to the health care consumer's health or the situation.
6 (2) Analyzing the assessment data to determine actual
7 or potential diagnoses, problems, and issues.
8 (3) Identifying expected s for a plan individualized to
9 the health care consumer or the situation that prescribes
10 strategies to attain expected, measurable s.
11 (4) Implementing the identified plan, coordinating
12 care delivery, employing strategies to promote healthy and
13 safe environments, and administering or delegating
14 medication administration.
15 (5) Evaluating progress toward attainment of goals and
16 outcomes.
17 (6) Practicing ethically according to the ANA Code of
18 Ethics, which includes:
19 (A) Practicing compassion and respect for the
20 inherent dignity, worth, and unique attributes of
21 every person.
22 (B) Recognizing that the primary commitment is to
23 the healthcare consumer, whether an individual,
24 family, group, community, or population.
25 (C) Promoting, advocating for, and protecting the
26 rights, health, and safety of the health care consumer.

HB0313- 47 -LRB100 04130 SMS 14135 b
1 (D) Accepting the authority, accountability, and
2 responsibility for nursing practice.
3 (E) Rendering decisions and taking actions
4 consistent with the obligation to promote health and to
5 provide optimal care.
6 (F) Owing the same duties to self as to others,
7 including the responsibility to promote health and
8 safety, preserve wholeness of character and integrity,
9 maintain competence, and continue personal and
10 professional growth.
11 (G) Establishing, maintaining, and improving the
12 ethical environment of the work setting and conditions
13 of employment that are conducive to safe, quality
14 health care.
15 (H) In all roles and settings, advancing the
16 profession through research and scholarly inquiry,
17 professional standards development, and the generation
18 of both nursing and health policy.
19 (I) Collaborating with other health professionals
20 and the public to protect human rights, promote health
21 diplomacy, and reduce health disparities.
22 (J) Articulating nursing values, maintaining the
23 integrity of the profession, and integrating
24 principles of social justice into nursing and health
25 policy.
26 (7) Practicing in a manner that is congruent with

HB0313- 48 -LRB100 04130 SMS 14135 b
1 cultural diversity.
2 (8) Communicating effectively in all areas of
3 practice.
4 (9) Collaborating with health care consumers and other
5 key stakeholders in the conduct of nursing practice.
6 (10) Seeking knowledge and competence that reflects
7 current nursing practice and teaching the theory and
8 practice of nursing to nursing students.
9 (11) Leading within the professional practice setting
10 and the profession.
11 (12) Contributing to quality nursing practice.
12 (13) Integrating evidence and research findings into
13 practice.
14 (14) Evaluating one's own and others' nursing
15 practice.
16 (15) Utilizing appropriate resources to plan, provide,
17 and sustain evidence-based nursing services that are safe,
18 effective, and fiscally responsible.
19 (16) Advocating for an environmentally safe and
20 healthy manner. (a) Practice as a registered professional
21 nurse means the full scope of nursing, with or without
22 compensation, that incorporates caring for all patients in
23 all settings, through nursing standards recognized by the
24 Department, and includes, but is not limited to, all of the
25 following:
26 (1) The comprehensive nursing assessment of the health

HB0313- 49 -LRB100 04130 SMS 14135 b
1 status of patients that addresses changes to patient
2 conditions.
3 (2) The development of a plan of nursing care to be
4 integrated within the patient-centered health care plan
5 that establishes nursing diagnoses, and setting goals to
6 meet identified health care needs, determining nursing
7 interventions, and implementation of nursing care through
8 the execution of nursing strategies and regimens ordered or
9 prescribed by authorized healthcare professionals.
10 (3) The administration of medication or delegation of
11 medication administration to licensed practical nurses.
12 (4) Delegation of nursing interventions to implement
13 the plan of care.
14 (5) The provision for the maintenance of safe and
15 effective nursing care rendered directly or through
16 delegation.
17 (6) Advocating for patients.
18 (7) The evaluation of responses to interventions and
19 the effectiveness of the plan of care.
20 (8) Communicating and collaborating with other health
21 care professionals.
22 (9) The procurement and application of new knowledge
23 and technologies.
24 (10) The provision of health education and counseling.
25 (11) Participating in development of policies,
26 procedures, and systems to support patient safety.

HB0313- 50 -LRB100 04130 SMS 14135 b
1(Source: P.A. 95-639, eff. 10-5-07.)
2 (225 ILCS 65/65-30)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 65-30. APRN APN scope of practice.
5 (a) Advanced practice registered nursing by certified
6nurse practitioners, certified nurse anesthetists, certified
7nurse midwives, or clinical nurse specialists is based on
8knowledge and skills acquired throughout an advanced practice
9registered nurse's nursing education, training, and
10experience.
11 (b) Practice as an advanced practice registered nurse means
12a scope of nursing practice, with or without compensation, and
13includes the registered nurse scope of practice.
14 (c) The scope of practice of an advanced practice
15registered nurse includes, but is not limited to, each of the
16following:
17 (1) Advanced registered nursing patient assessment and
18diagnosis.
19 (2) Ordering diagnostic and therapeutic tests and
20procedures, performing those tests and procedures when using
21health care equipment, and interpreting and using the results
22of diagnostic and therapeutic tests and procedures ordered by
23the advanced practice registered nurse or another health care
24professional.
25 (3) Ordering treatments, ordering or applying

HB0313- 51 -LRB100 04130 SMS 14135 b
1appropriate medical devices, and using nursing medical,
2therapeutic, and corrective measures to treat illness and
3improve health status.
4 (4) Providing palliative and end-of-life care.
5 (5) Providing advanced counseling, patient education,
6health education, and patient advocacy.
7 (6) Prescriptive authority as defined in Section 65-40
8of this Act.
9 (7) Delegating selected nursing activities or tasks to
10a licensed practical nurse, a registered professional nurse, or
11other personnel.
12(Source: P.A. 95-639, eff. 10-5-07.)
13 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 65-35. Written collaborative agreements.
16 (a) A written collaborative agreement is required for all
17postgraduate advanced practice registered nurses until an
18affidavit of completion of not less than 3,000 hours of
19clinical practice with a collaborating advanced practice
20registered nurse or physician has been submitted to the
21Department requesting to practice without a written
22collaborative agreement in accordance with Section 65-43 of
23this Act engaged in clinical practice, except for advanced
24practice nurses who are authorized to practice in a hospital,
25hospital affiliate, or ambulatory surgical treatment center.

HB0313- 52 -LRB100 04130 SMS 14135 b
1 (a-5) (Blank) If an advanced practice nurse engages in
2clinical practice outside of a hospital, hospital affiliate, or
3ambulatory surgical treatment center in which he or she is
4authorized to practice, the advanced practice nurse must have a
5written collaborative agreement.
6 (b) A written collaborative agreement shall describe the
7relationship of the postgraduate advanced practice registered
8nurse with the collaborating advanced practice registered
9nurse or physician or podiatric physician and shall describe
10the categories of care, treatment, or procedures to be provided
11by the postgraduate advanced practice registered nurse. A
12collaborative agreement with a dentist must be in accordance
13with subsection (c-10) of this Section. Collaboration does not
14require an employment relationship between the collaborating
15advanced practice registered nurse or physician or podiatric
16physician and the postgraduate advanced practice registered
17nurse.
18 The collaborative relationship under an agreement shall
19not be construed to require the personal presence of a
20collaborating advanced practice registered nurse or physician
21or podiatric physician at the place where services are
22rendered. Methods of communication shall be available for
23consultation with the collaborating advanced practice
24registered nurse or physician or podiatric physician in person
25or by telecommunications or electronic communications as set
26forth in the written agreement.

HB0313- 53 -LRB100 04130 SMS 14135 b
1 (b-5) Absent an employment relationship, a written
2collaborative agreement may not (1) restrict the categories of
3patients of an advanced practice registered nurse within the
4scope of the advanced practice registered nurses training and
5experience, (2) limit third party payors or government health
6programs, such as the medical assistance program or Medicare
7with which the advanced practice registered nurse contracts, or
8(3) limit the geographic area or practice location of the
9advanced practice registered nurse in this State.
10 (c) In the case of anesthesia services provided by a
11certified registered nurse anesthetist, an anesthesiologist, a
12physician, a dentist, or a podiatric physician must participate
13through discussion of and agreement with the anesthesia plan
14and remain physically present and available on the premises
15during the delivery of anesthesia services for diagnosis,
16consultation, and treatment of emergency medical conditions.
17 (c-5) A certified registered nurse anesthetist, who
18provides anesthesia services outside of a hospital or
19ambulatory surgical treatment center shall enter into a written
20collaborative agreement with an anesthesiologist or the
21physician licensed to practice medicine in all its branches or
22the podiatric physician performing the procedure. Outside of a
23hospital or ambulatory surgical treatment center, the
24certified registered nurse anesthetist may provide only those
25services that the collaborating podiatric physician is
26authorized to provide pursuant to the Podiatric Medical

HB0313- 54 -LRB100 04130 SMS 14135 b
1Practice Act of 1987 and rules adopted thereunder. A certified
2registered nurse anesthetist may select, order, and administer
3medication, including controlled substances, and apply
4appropriate medical devices for delivery of anesthesia
5services under the anesthesia plan agreed with by the
6anesthesiologist or the operating physician or operating
7podiatric physician.
8 (c-10) A certified registered nurse anesthetist who
9provides anesthesia services in a dental office shall enter
10into a written collaborative agreement with an
11anesthesiologist or the physician licensed to practice
12medicine in all its branches or the operating dentist
13performing the procedure. The agreement shall describe the
14working relationship of the certified registered nurse
15anesthetist and dentist and shall authorize the categories of
16care, treatment, or procedures to be performed by the certified
17registered nurse anesthetist. In a collaborating dentist's
18office, the certified registered nurse anesthetist may only
19provide those services that the operating dentist with the
20appropriate permit is authorized to provide pursuant to the
21Illinois Dental Practice Act and rules adopted thereunder. For
22anesthesia services, an anesthesiologist, physician, or
23operating dentist shall participate through discussion of and
24agreement with the anesthesia plan and shall remain physically
25present and be available on the premises during the delivery of
26anesthesia services for diagnosis, consultation, and treatment

HB0313- 55 -LRB100 04130 SMS 14135 b
1of emergency medical conditions. A certified registered nurse
2anesthetist may select, order, and administer medication,
3including controlled substances, and apply appropriate medical
4devices for delivery of anesthesia services under the
5anesthesia plan agreed with by the operating dentist.
6 (d) A copy of the signed, written collaborative agreement
7must be available to the Department upon request from both the
8certified regist
ered nurse anesthetist and postgraduate
9advanced practice registered nurse and the collaborating
10physician, dentist, or podiatric physician.
11 (e) Nothing in this Act shall be construed to limit the
12delegation of tasks or duties by a physician to a licensed
13practical nurse, a registered professional nurse, or other
14persons in accordance with Section 54.2 of the Medical Practice
15Act of 1987. Nothing in this Act shall be construed to limit
16the method of delegation that may be authorized by any means,
17including, but not limited to, oral, written, electronic,
18standing orders, protocols, guidelines, or verbal orders.
19Nothing in this Act shall be construed to authorize an advanced
20practice registered nurse to provide health care services
21required by law or rule to be performed by a physician.
22 (f) A postgraduate An advanced practice registered nurse
23shall inform each collaborating advanced practice registered
24nurse or physician, dentist, or podiatric physician of all
25collaborative agreements he or she has signed and provide a
26copy of these to any collaborating advanced practice registered

HB0313- 56 -LRB100 04130 SMS 14135 b
1nurse or physician, dentist, or podiatric physician upon
2request.
3 (g) (Blank).
4(Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
5eff. 7-16-14; 99-173, eff. 7-29-15.)
6 (225 ILCS 65/65-35.1)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 65-35.1. Written collaborative agreement; temporary
9practice. A postgraduate Any advanced practice registered
10nurse required to enter into a written collaborative agreement
11with a collaborating advanced practice registered nurse or
12collaborating physician or collaborating podiatrist is
13authorized to continue to practice for up to 90 days after the
14termination of a collaborative agreement provided the advanced
15practice registered nurse seeks any needed collaboration at a
16local hospital and refers patients who require services beyond
17the training and experience of the advanced practice registered
18nurse to a physician or other health care provider.
19(Source: P.A. 99-173, eff. 7-29-15.)
20 (225 ILCS 65/65-35.2 new)
21 Sec. 65-35.2. Collaborating advanced practice registered
22nurse; requirements. In order to be a collaborating advanced
23practice registered nurse, an advanced practice registered
24nurse must hold an active advanced practice registered nurse

HB0313- 57 -LRB100 04130 SMS 14135 b
1license in the State of Illinois, must have been engaged in
2advanced practice nursing within the last 5 years, and must
3hold national certification as a nurse practitioner, clinical
4nurse specialist, or certified nurse midwife for no less than 5
5years in the same advanced practice registered nurse specialty
6as the recent graduate advanced practice registered nurse with
7whom the collaborating advanced practice registered nurse is
8collaborating.
9 (225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 65-40. Written collaborative agreement; prescriptive
12authority for postgraduate advanced practice registered
13nurses.
14 (a) A collaborating advanced practice registered nurse or
15physician or podiatric physician may, but is not required to,
16delegate prescriptive authority to a postgraduate an advanced
17practice registered nurse as part of a written collaborative
18agreement. This authority may, but is not required to, include
19prescription of, selection of, orders for, administration of,
20storage of, acceptance of samples of, and dispensing over the
21counter medications, legend drugs, medical gases, and
22controlled substances categorized as any Schedule III through V
23controlled substances, as defined in Article II of the Illinois
24Controlled Substances Act, and other preparations, including,
25but not limited to, botanical and herbal remedies. The

HB0313- 58 -LRB100 04130 SMS 14135 b
1collaborating advanced practice registered nurse or physician
2or podiatric physician must have a valid current Illinois
3controlled substance license and federal registration to
4delegate authority to prescribe delegated controlled
5substances.
6 (b) To prescribe controlled substances under this Section,
7a postgraduate an advanced practice registered nurse must
8obtain a mid-level practitioner controlled substance license.
9Medication prescriptions and orders shall be reviewed
10periodically by the collaborating advanced practice registered
11nurse or physician or podiatric physician.
12 (c) The collaborating advanced practice registered nurse
13or physician or podiatric physician shall file with the
14Department notice of delegation of prescriptive authority and
15termination of such delegation, in accordance with rules of the
16Department. Upon receipt of this notice delegating authority to
17prescribe any Schedule III through V controlled substances, the
18licensed postgraduate advanced practice registered nurse shall
19be eligible to register for a mid-level practitioner controlled
20substance license under Section 303.05 of the Illinois
21Controlled Substances Act.
22 (c-5) A hospital, hospital affiliate, or ambulatory
23surgical treatment center shall file with the Department notice
24of a grant of prescriptive authority consistent with this
25subsection and termination of such a grant of authority in
26accordance with rules of the Department. Upon receipt of this

HB0313- 59 -LRB100 04130 SMS 14135 b
1notice of grant of authority to prescribe any Schedule II
2through V controlled substances, the licensed postgraduate
3advanced practice registered nurse certified as a nurse
4practitioner, nurse midwife, or clinical nurse specialist may
5register for a mid-level practitioner controlled substance
6license under Section 303.05 of the Illinois Controlled
7Substance Act.
8 (d) In addition to the requirements of subsections (a),
9(b), and (c), and (c-5) of this Section, a collaborating
10advanced practice registered nurse or physician or podiatric
11physician may, but is not required to, delegate authority to a
12postgraduate an advanced practice registered nurse to
13prescribe any Schedule II controlled substances, if all of the
14following conditions apply:
15 (1) Specific Schedule II controlled substances by oral
16 dosage or topical or transdermal application may be
17 delegated, provided that the delegated Schedule II
18 controlled substances are routinely prescribed by the
19 collaborating advanced practice registered nurse or
20 physician or podiatric physician. This delegation must
21 identify the specific Schedule II controlled substances by
22 either brand name or generic name. Schedule II controlled
23 substances to be delivered by injection or other route of
24 administration may not be delegated.
25 (2) Any delegation must be controlled substances that
26 the collaborating advanced practice registered nurse or

HB0313- 60 -LRB100 04130 SMS 14135 b
1 physician or podiatric physician prescribes.
2 (3) Any prescription must be limited to no more than a
3 30-day supply, with any continuation authorized only after
4 prior approval of the collaborating advanced practice
5 registered nurse or physician or podiatric physician.
6 (4) The advanced practice registered nurse must
7 discuss the condition of any patients for whom a controlled
8 substance is prescribed monthly with the delegating
9 advanced practice registered nurse or physician.
10 (5) The postgraduate advanced practice registered
11 nurse meets the education requirements of Section 303.05 of
12 the Illinois Controlled Substances Act.
13 (e) Nothing in this Act shall be construed to limit the
14delegation of tasks or duties by a physician to a licensed
15practical nurse, a registered professional nurse, or other
16persons. Nothing in this Act shall be construed to limit the
17method of delegation that may be authorized by any means,
18including, but not limited to, oral, written, electronic,
19standing orders, protocols, guidelines, or verbal orders.
20 (f) Nothing in this Section shall be construed to apply to
21any medication authority including Schedule II controlled
22substances of an advanced practice registered nurse for care
23provided in a hospital, hospital affiliate, or ambulatory
24surgical treatment center pursuant to Section 65-45.
25 (g) Any postgraduate advanced practice registered nurse
26who writes a prescription for a controlled substance without

HB0313- 61 -LRB100 04130 SMS 14135 b
1having a valid appropriate authority may be fined by the
2Department not more than $50 per prescription, and the
3Department may take any other disciplinary action provided for
4in this Act.
5 (h) Nothing in this Section shall be construed to prohibit
6generic substitution.
7(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
8 (225 ILCS 65/65-43 new)
9 Sec. 65-43. Full practice authority.
10 (a) "Full practice authority" means the authority of an
11advanced practice registered nurse licensed in Illinois and
12certified as a nurse practitioner, clinical nurse specialist,
13or nurse midwife to practice without a written collaborative
14agreement and be fully accountable: (1) to patients for the
15quality of advanced nursing care rendered, (2) for recognizing
16limits of knowledge and experience, and (3) for planning for
17the management of situations beyond the advanced practice
18registered nurse's expertise. "Full practice authority"
19includes accepting referrals from, consulting with,
20collaborating with, or referring to other health care
21professionals as warranted by the needs of the patient and
22possessing the authority to prescribe all medications and
23orders for, administration of, storage of, acceptance of
24samples of, and dispensing over the counter medications, legend
25drugs, medical gases, and controlled substances categorized as

HB0313- 62 -LRB100 04130 SMS 14135 b
1any Schedule II through V controlled substances, as defined in
2Article II of the Illinois Controlled Substances Act, and other
3preparations, including, but not limited to, botanical and
4herbal remedies.
5 (b) To be granted full practice authority as an advanced
6practice registered nurse, the advanced practice registered
7nurse must:
8 (1) submit proof of an unencumbered Illinois license as
9 an advanced practice registered nurse to the Department;
10 (2) submit proof of national certification as a nurse
11 practitioner, clinical nurse specialist, or certified
12 nurse midwife to the Department;
13 (3) submit an affidavit of completion of no less than
14 3,000 hours of clinical practice with, and signed by, the
15 collaborating advanced practice registered nurse or
16 physician; and
17 (4) meet the education requirements of Section 303.05
18 of the Illinois Controlled Substances Act.
19 (225 ILCS 65/65-45) (was 225 ILCS 65/15-25)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 65-45. Anesthesia services and advanced Advanced
22practice registered nursing practice in hospitals, hospital
23affiliates, or ambulatory surgical treatment centers.
24 (a) (Blank) An advanced practice nurse may provide services
25in a hospital or a hospital affiliate as those terms are

HB0313- 63 -LRB100 04130 SMS 14135 b
1defined in the Hospital Licensing Act or the University of
2Illinois Hospital Act or a licensed ambulatory surgical
3treatment center without a written collaborative agreement
4pursuant to Section 65-35 of this Act. An advanced practice
5nurse must possess clinical privileges recommended by the
6hospital medical staff and granted by the hospital or the
7consulting medical staff committee and ambulatory surgical
8treatment center in order to provide services. The medical
9staff or consulting medical staff committee shall periodically
10review the services of advanced practice nurses granted
11clinical privileges, including any care provided in a hospital
12affiliate. Authority may also be granted when recommended by
13the hospital medical staff and granted by the hospital or
14recommended by the consulting medical staff committee and
15ambulatory surgical treatment center to individual advanced
16practice nurses to select, order, and administer medications,
17including controlled substances, to provide delineated care.
18In a hospital, hospital affiliate, or ambulatory surgical
19treatment center, the attending physician shall determine an
20advanced practice nurse's role in providing care for his or her
21patients, except as otherwise provided in the medical staff
22bylaws or consulting committee policies.
23 (a-2) (Blank) An advanced practice nurse granted authority
24to order medications including controlled substances may
25complete discharge prescriptions provided the prescription is
26in the name of the advanced practice nurse and the attending or

HB0313- 64 -LRB100 04130 SMS 14135 b
1discharging physician.
2 (a-3) (Blank) Advanced practice nurses practicing in a
3hospital or an ambulatory surgical treatment center are not
4required to obtain a mid-level controlled substance license to
5order controlled substances under Section 303.05 of the
6Illinois Controlled Substances Act.
7 (a-5) For anesthesia services provided by a certified
8registered nurse anesthetist, an anesthesiologist, physician,
9dentist, or podiatric physician shall participate through
10discussion of and agreement with the anesthesia plan and shall
11remain physically present and be available on the premises
12during the delivery of anesthesia services for diagnosis,
13consultation, and treatment of emergency medical conditions,
14unless hospital policy adopted pursuant to clause (B) of
15subdivision (3) of Section 10.7 of the Hospital Licensing Act
16or ambulatory surgical treatment center policy adopted
17pursuant to clause (B) of subdivision (3) of Section 6.5 of the
18Ambulatory Surgical Treatment Center Act provides otherwise. A
19certified registered nurse anesthetist may select, order, and
20administer medication for anesthesia services under the
21anesthesia plan agreed to by the anesthesiologist or the
22physician, in accordance with hospital alternative policy or
23the medical staff consulting committee policies of a licensed
24ambulatory surgical treatment center.
25 (b) An advanced practice registered nurse who provides
26services in a hospital shall do so in accordance with Section

HB0313- 65 -LRB100 04130 SMS 14135 b
110.7 of the Hospital Licensing Act and, in an ambulatory
2surgical treatment center, in accordance with Section 6.5 of
3the Ambulatory Surgical Treatment Center Act.
4 (c) (Blank) Advanced practice nurses certified as nurse
5practitioners, nurse midwives, or clinical nurse specialists
6practicing in a hospital affiliate may be, but are not required
7to be, granted authority to prescribe Schedule II through V
8controlled substances when such authority is recommended by the
9appropriate physician committee of the hospital affiliate and
10granted by the hospital affiliate. This authority may, but is
11not required to, include prescription of, selection of, orders
12for, administration of, storage of, acceptance of samples of,
13and dispensing over-the-counter medications, legend drugs,
14medical gases, and controlled substances categorized as
15Schedule II through V controlled substances, as defined in
16Article II of the Illinois Controlled Substances Act, and other
17preparations, including, but not limited to, botanical and
18herbal remedies.
19 To prescribe controlled substances under this subsection
20(c), an advanced practice nurse certified as a nurse
21practitioner, nurse midwife, or clinical nurse specialist must
22obtain a mid-level practitioner controlled substance license.
23Medication orders shall be reviewed periodically by the
24appropriate hospital affiliate physicians committee or its
25physician designee.
26 The hospital affiliate shall file with the Department

HB0313- 66 -LRB100 04130 SMS 14135 b
1notice of a grant of prescriptive authority consistent with
2this subsection (c) and termination of such a grant of
3authority, in accordance with rules of the Department. Upon
4receipt of this notice of grant of authority to prescribe any
5Schedule II through V controlled substances, the licensed
6advanced practice nurse certified as a nurse practitioner,
7nurse midwife, or clinical nurse specialist may register for a
8mid-level practitioner controlled substance license under
9Section 303.05 of the Illinois Controlled Substances Act.
10 In addition, a hospital affiliate may, but is not required
11to, grant authority to an advanced practice nurse certified as
12a nurse practitioner, nurse midwife, or clinical nurse
13specialist to prescribe any Schedule II controlled substances,
14if all of the following conditions apply:
15 (1) specific Schedule II controlled substances by oral
16 dosage or topical or transdermal application may be
17 designated, provided that the designated Schedule II
18 controlled substances are routinely prescribed by advanced
19 practice nurses in their area of certification; this grant
20 of authority must identify the specific Schedule II
21 controlled substances by either brand name or generic name;
22 authority to prescribe or dispense Schedule II controlled
23 substances to be delivered by injection or other route of
24 administration may not be granted;
25 (2) any grant of authority must be controlled
26 substances limited to the practice of the advanced practice

HB0313- 67 -LRB100 04130 SMS 14135 b
1 nurse;
2 (3) any prescription must be limited to no more than a
3 30-day supply;
4 (4) the advanced practice nurse must discuss the
5 condition of any patients for whom a controlled substance
6 is prescribed monthly with the appropriate physician
7 committee of the hospital affiliate or its physician
8 designee; and
9 (5) the advanced practice nurse must meet the education
10 requirements of Section 303.05 of the Illinois Controlled
11 Substances Act.
12(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
13 (225 ILCS 65/65-50) (was 225 ILCS 65/15-30)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 65-50. APRN APN title.
16 (a) No person shall use any words, abbreviations, figures,
17letters, title, sign, card, or device tending to imply that he
18or she is an advanced practice registered nurse, including, but
19not limited to, using the titles or initials "Advanced Practice
20Registered Nurse", "Advanced Practice Nurse", "Certified Nurse
21Midwife", "Certified Nurse Practitioner", "Certified
22Registered Nurse Anesthetist", "Clinical Nurse Specialist",
23"A.P.R.N.", "A.P.N.", "C.N.M.", "C.N.P.", "C.R.N.A.",
24"C.N.S.", or similar titles or initials, with the intention of
25indicating practice as an advanced practice registered nurse

HB0313- 68 -LRB100 04130 SMS 14135 b
1without meeting the requirements of this Act.
2 (b) No advanced practice registered nurse shall indicate to
3other persons that he or she is qualified to engage in the
4practice of medicine.
5 (c) An advanced practice registered nurse shall verbally
6identify himself or herself as an advanced practice registered
7nurse, including specialty certification, to each patient.
8 (d) Nothing in this Act shall be construed to relieve an
9advanced practice registered nurse of the professional or legal
10responsibility for the care and treatment of persons attended
11by him or her.
12(Source: P.A. 95-639, eff. 10-5-07.)
13 (225 ILCS 65/65-55) (was 225 ILCS 65/15-40)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 65-55. Advertising as an APRN APN.
16 (a) A person licensed under this Act as an advanced
17practice registered nurse may advertise the availability of
18professional services in the public media or on the premises
19where the professional services are rendered. The advertising
20shall be limited to the following information:
21 (1) publication of the person's name, title, office
22 hours, address, and telephone number;
23 (2) information pertaining to the person's areas of
24 specialization, including, but not limited to, appropriate
25 board certification or limitation of professional

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1 practice;
2 (3) publication of the person's collaborating
3 physician's, dentist's, or podiatric physician's name,
4 title, and areas of specialization;
5 (4) information on usual and customary fees for routine
6 professional services offered, which shall include
7 notification that fees may be adjusted due to complications
8 or unforeseen circumstances;
9 (5) announcements of the opening of, change of, absence
10 from, or return to business;
11 (6) announcement of additions to or deletions from
12 professional licensed staff; and
13 (7) the issuance of business or appointment cards.
14 (b) It is unlawful for a person licensed under this Act as
15an advanced practice registered nurse to use testimonials or
16claims of superior quality of care to entice the public. It
17shall be unlawful to advertise fee comparisons of available
18services with those of other licensed persons.
19 (c) This Article does not authorize the advertising of
20professional services that the offeror of the services is not
21licensed or authorized to render. Nor shall the advertiser use
22statements that contain false, fraudulent, deceptive, or
23misleading material or guarantees of success, statements that
24play upon the vanity or fears of the public, or statements that
25promote or produce unfair competition.
26 (d) It is unlawful and punishable under the penalty

HB0313- 70 -LRB100 04130 SMS 14135 b
1provisions of this Act for a person licensed under this Article
2to knowingly advertise that the licensee will accept as payment
3for services rendered by assignment from any third party payor
4the amount the third party payor covers as payment in full, if
5the effect is to give the impression of eliminating the need of
6payment by the patient of any required deductible or copayment
7applicable in the patient's health benefit plan.
8 (e) A licensee shall include in every advertisement for
9services regulated under this Act his or her title as it
10appears on the license or the initials authorized under this
11Act.
12 (f) As used in this Section, "advertise" means solicitation
13by the licensee or through another person or entity by means of
14handbills, posters, circulars, motion pictures, radio,
15newspapers, or television or any other manner.
16(Source: P.A. 98-214, eff. 8-9-13.)
17 (225 ILCS 65/65-60) (was 225 ILCS 65/15-45)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 65-60. Continuing education. The Department shall
20adopt rules of continuing education for persons licensed under
21this Article that require 50 hours of continuing education per
222-year license renewal cycle, 20 hours of which shall be
23pharmacology. Of the 20 pharmacology hours, 10 shall be
24regarding Schedule II controlled substances. Completion of the
2550 hours of continuing education shall be deemed to satisfy the

HB0313- 71 -LRB100 04130 SMS 14135 b
1continuing education requirements for renewal of an advanced
2practice a registered professional nurse license as required by
3this Act. The rules shall not be inconsistent with requirements
4of relevant national certifying bodies or State or national
5professional associations. The rules shall also address
6variances in part or in whole for good cause, including, but
7not, limited to illness or hardship. The continuing education
8rules shall assure that licensees are given the opportunity to
9participate in programs sponsored by or through their State or
10national professional associations, hospitals, or other
11providers of continuing education. Each licensee is
12responsible for maintaining records of completion of
13continuing education and shall be prepared to produce the
14records when requested by the Department.
15(Source: P.A. 95-639, eff. 10-5-07.)
16 (225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
17 (Section scheduled to be repealed on January 1, 2018)
18 Sec. 65-65. Reports relating to APRN APN professional
19conduct and capacity.
20 (a) Entities Required to Report.
21 (1) Health Care Institutions. The chief administrator
22 or executive officer of a health care institution licensed
23 by the Department of Public Health, which provides the
24 minimum due process set forth in Section 10.4 of the
25 Hospital Licensing Act, shall report to the Board when an

HB0313- 72 -LRB100 04130 SMS 14135 b
1 advanced practice registered nurse's organized
2 professional staff clinical privileges are terminated or
3 are restricted based on a final determination, in
4 accordance with that institution's bylaws or rules and
5 regulations, that (i) a person has either committed an act
6 or acts that may directly threaten patient care and that
7 are not of an administrative nature or (ii) that a person
8 may have a mental or physical disability that may endanger
9 patients under that person's care. The chief administrator
10 or officer shall also report if an advanced practice
11 registered nurse accepts voluntary termination or
12 restriction of clinical privileges in lieu of formal action
13 based upon conduct related directly to patient care and not
14 of an administrative nature, or in lieu of formal action
15 seeking to determine whether a person may have a mental or
16 physical disability that may endanger patients under that
17 person's care. The Board shall provide by rule for the
18 reporting to it of all instances in which a person licensed
19 under this Article, who is impaired by reason of age, drug,
20 or alcohol abuse or physical or mental impairment, is under
21 supervision and, where appropriate, is in a program of
22 rehabilitation. Reports submitted under this subsection
23 shall be strictly confidential and may be reviewed and
24 considered only by the members of the Board or authorized
25 staff as provided by rule of the Board. Provisions shall be
26 made for the periodic report of the status of any such

HB0313- 73 -LRB100 04130 SMS 14135 b
1 reported person not less than twice annually in order that
2 the Board shall have current information upon which to
3 determine the status of that person. Initial and periodic
4 reports of impaired advanced practice registered nurses
5 shall not be considered records within the meaning of the
6 State Records Act and shall be disposed of, following a
7 determination by the Board that such reports are no longer
8 required, in a manner and at an appropriate time as the
9 Board shall determine by rule. The filing of reports
10 submitted under this subsection shall be construed as the
11 filing of a report for purposes of subsection (c) of this
12 Section.
13 (2) Professional Associations. The President or chief
14 executive officer of an association or society of persons
15 licensed under this Article, operating within this State,
16 shall report to the Board when the association or society
17 renders a final determination that a person licensed under
18 this Article has committed unprofessional conduct related
19 directly to patient care or that a person may have a mental
20 or physical disability that may endanger patients under the
21 person's care.
22 (3) Professional Liability Insurers. Every insurance
23 company that offers policies of professional liability
24 insurance to persons licensed under this Article, or any
25 other entity that seeks to indemnify the professional
26 liability of a person licensed under this Article, shall

HB0313- 74 -LRB100 04130 SMS 14135 b
1 report to the Board the settlement of any claim or cause of
2 action, or final judgment rendered in any cause of action,
3 that alleged negligence in the furnishing of patient care
4 by the licensee when the settlement or final judgment is in
5 favor of the plaintiff.
6 (4) State's Attorneys. The State's Attorney of each
7 county shall report to the Board all instances in which a
8 person licensed under this Article is convicted or
9 otherwise found guilty of the commission of a felony.
10 (5) State Agencies. All agencies, boards, commissions,
11 departments, or other instrumentalities of the government
12 of this State shall report to the Board any instance
13 arising in connection with the operations of the agency,
14 including the administration of any law by the agency, in
15 which a person licensed under this Article has either
16 committed an act or acts that may constitute a violation of
17 this Article, that may constitute unprofessional conduct
18 related directly to patient care, or that indicates that a
19 person licensed under this Article may have a mental or
20 physical disability that may endanger patients under that
21 person's care.
22 (b) Mandatory Reporting. All reports required under items
23(16) and (17) of subsection (a) of Section 70-5 shall be
24submitted to the Board in a timely fashion. The reports shall
25be filed in writing within 60 days after a determination that a
26report is required under this Article. All reports shall

HB0313- 75 -LRB100 04130 SMS 14135 b
1contain the following information:
2 (1) The name, address, and telephone number of the
3 person making the report.
4 (2) The name, address, and telephone number of the
5 person who is the subject of the report.
6 (3) The name or other means of identification of any
7 patient or patients whose treatment is a subject of the
8 report, except that no medical records may be revealed
9 without the written consent of the patient or patients.
10 (4) A brief description of the facts that gave rise to
11 the issuance of the report, including but not limited to
12 the dates of any occurrences deemed to necessitate the
13 filing of the report.
14 (5) If court action is involved, the identity of the
15 court in which the action is filed, the docket number, and
16 date of filing of the action.
17 (6) Any further pertinent information that the
18 reporting party deems to be an aid in the evaluation of the
19 report.
20 Nothing contained in this Section shall be construed to in
21any way waive or modify the confidentiality of medical reports
22and committee reports to the extent provided by law. Any
23information reported or disclosed shall be kept for the
24confidential use of the Board, the Board's attorneys, the
25investigative staff, and authorized clerical staff and shall be
26afforded the same status as is provided information concerning

HB0313- 76 -LRB100 04130 SMS 14135 b
1medical studies in Part 21 of Article VIII of the Code of Civil
2Procedure.
3 (c) Immunity from Prosecution. An individual or
4organization acting in good faith, and not in a wilful and
5wanton manner, in complying with this Section by providing a
6report or other information to the Board, by assisting in the
7investigation or preparation of a report or information, by
8participating in proceedings of the Board, or by serving as a
9member of the Board shall not, as a result of such actions, be
10subject to criminal prosecution or civil damages.
11 (d) Indemnification. Members of the Board, the Board's
12attorneys, the investigative staff, advanced practice
13registered nurses or physicians retained under contract to
14assist and advise in the investigation, and authorized clerical
15staff shall be indemnified by the State for any actions (i)
16occurring within the scope of services on the Board, (ii)
17performed in good faith, and (iii) not wilful and wanton in
18nature. The Attorney General shall defend all actions taken
19against those persons unless he or she determines either that
20there would be a conflict of interest in the representation or
21that the actions complained of were not performed in good faith
22or were wilful and wanton in nature. If the Attorney General
23declines representation, the member shall have the right to
24employ counsel of his or her choice, whose fees shall be
25provided by the State, after approval by the Attorney General,
26unless there is a determination by a court that the member's

HB0313- 77 -LRB100 04130 SMS 14135 b
1actions were not performed in good faith or were wilful and
2wanton in nature. The member shall notify the Attorney General
3within 7 days of receipt of notice of the initiation of an
4action involving services of the Board. Failure to so notify
5the Attorney General shall constitute an absolute waiver of the
6right to a defense and indemnification. The Attorney General
7shall determine within 7 days after receiving the notice
8whether he or she will undertake to represent the member.
9 (e) Deliberations of Board. Upon the receipt of a report
10called for by this Section, other than those reports of
11impaired persons licensed under this Article required pursuant
12to the rules of the Board, the Board shall notify in writing by
13certified mail the person who is the subject of the report. The
14notification shall be made within 30 days of receipt by the
15Board of the report. The notification shall include a written
16notice setting forth the person's right to examine the report.
17Included in the notification shall be the address at which the
18file is maintained, the name of the custodian of the reports,
19and the telephone number at which the custodian may be reached.
20The person who is the subject of the report shall submit a
21written statement responding to, clarifying, adding to, or
22proposing to amend the report previously filed. The statement
23shall become a permanent part of the file and shall be received
24by the Board no more than 30 days after the date on which the
25person was notified of the existence of the original report.
26The Board shall review all reports received by it and any

HB0313- 78 -LRB100 04130 SMS 14135 b
1supporting information and responding statements submitted by
2persons who are the subject of reports. The review by the Board
3shall be in a timely manner but in no event shall the Board's
4initial review of the material contained in each disciplinary
5file be less than 61 days nor more than 180 days after the
6receipt of the initial report by the Board. When the Board
7makes its initial review of the materials contained within its
8disciplinary files, the Board shall, in writing, make a
9determination as to whether there are sufficient facts to
10warrant further investigation or action. Failure to make that
11determination within the time provided shall be deemed to be a
12determination that there are not sufficient facts to warrant
13further investigation or action. Should the Board find that
14there are not sufficient facts to warrant further investigation
15or action, the report shall be accepted for filing and the
16matter shall be deemed closed and so reported. The individual
17or entity filing the original report or complaint and the
18person who is the subject of the report or complaint shall be
19notified in writing by the Board of any final action on their
20report or complaint.
21 (f) Summary Reports. The Board shall prepare, on a timely
22basis, but in no event less than one every other month, a
23summary report of final actions taken upon disciplinary files
24maintained by the Board. The summary reports shall be made
25available to the public upon request and payment of the fees
26set by the Department. This publication may be made available

HB0313- 79 -LRB100 04130 SMS 14135 b
1to the public on the Department's Internet website.
2 (g) Any violation of this Section shall constitute a Class
3A misdemeanor.
4 (h) If a person violates the provisions of this Section, an
5action may be brought in the name of the People of the State of
6Illinois, through the Attorney General of the State of
7Illinois, for an order enjoining the violation or for an order
8enforcing compliance with this Section. Upon filing of a
9verified petition in court, the court may issue a temporary
10restraining order without notice or bond and may preliminarily
11or permanently enjoin the violation, and if it is established
12that the person has violated or is violating the injunction,
13the court may punish the offender for contempt of court.
14Proceedings under this subsection shall be in addition to, and
15not in lieu of, all other remedies and penalties provided for
16by this Section.
17(Source: P.A. 99-143, eff. 7-27-15.)
18 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 70-5. Grounds for disciplinary action.
21 (a) The Department may refuse to issue or to renew, or may
22revoke, suspend, place on probation, reprimand, or take other
23disciplinary or non-disciplinary action as the Department may
24deem appropriate, including fines not to exceed $10,000 per
25violation, with regard to a license for any one or combination

HB0313- 80 -LRB100 04130 SMS 14135 b
1of the causes set forth in subsection (b) below. All fines
2collected under this Section shall be deposited in the Nursing
3Dedicated and Professional Fund.
4 (b) Grounds for disciplinary action include the following:
5 (1) Material deception in furnishing information to
6 the Department.
7 (2) Material violations of any provision of this Act or
8 violation of the rules of or final administrative action of
9 the Secretary, after consideration of the recommendation
10 of the Board.
11 (3) Conviction by plea of guilty or nolo contendere,
12 finding of guilt, jury verdict, or entry of judgment or by
13 sentencing of any crime, including, but not limited to,
14 convictions, preceding sentences of supervision,
15 conditional discharge, or first offender probation, under
16 the laws of any jurisdiction of the United States: (i) that
17 is a felony; or (ii) that is a misdemeanor, an essential
18 element of which is dishonesty, or that is directly related
19 to the practice of the profession.
20 (4) A pattern of practice or other behavior which
21 demonstrates incapacity or incompetency to practice under
22 this Act.
23 (5) Knowingly aiding or assisting another person in
24 violating any provision of this Act or rules.
25 (6) Failing, within 90 days, to provide a response to a
26 request for information in response to a written request

HB0313- 81 -LRB100 04130 SMS 14135 b
1 made by the Department by certified mail.
2 (7) Engaging in dishonorable, unethical or
3 unprofessional conduct of a character likely to deceive,
4 defraud or harm the public, as defined by rule.
5 (8) Unlawful taking, theft, selling, distributing, or
6 manufacturing of any drug, narcotic, or prescription
7 device.
8 (9) Habitual or excessive use or addiction to alcohol,
9 narcotics, stimulants, or any other chemical agent or drug
10 that could result in a licensee's inability to practice
11 with reasonable judgment, skill or safety.
12 (10) Discipline by another U.S. jurisdiction or
13 foreign nation, if at least one of the grounds for the
14 discipline is the same or substantially equivalent to those
15 set forth in this Section.
16 (11) A finding that the licensee, after having her or
17 his license placed on probationary status or subject to
18 conditions or restrictions, has violated the terms of
19 probation or failed to comply with such terms or
20 conditions.
21 (12) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 and under the Abused and Neglected Child Reporting Act, and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected

HB0313- 82 -LRB100 04130 SMS 14135 b
1 Child Reporting Act.
2 (13) Willful omission to file or record, or willfully
3 impeding the filing or recording or inducing another person
4 to omit to file or record medical reports as required by
5 law or willfully failing to report an instance of suspected
6 child abuse or neglect as required by the Abused and
7 Neglected Child Reporting Act.
8 (14) Gross negligence in the practice of practical,
9 professional, or advanced practice registered nursing.
10 (15) Holding oneself out to be practicing nursing under
11 any name other than one's own.
12 (16) Failure of a licensee to report to the Department
13 any adverse final action taken against him or her by
14 another licensing jurisdiction of the United States or any
15 foreign state or country, any peer review body, any health
16 care institution, any professional or nursing society or
17 association, any governmental agency, any law enforcement
18 agency, or any court or a nursing liability claim related
19 to acts or conduct similar to acts or conduct that would
20 constitute grounds for action as defined in this Section.
21 (17) Failure of a licensee to report to the Department
22 surrender by the licensee of a license or authorization to
23 practice nursing or advanced practice registered nursing
24 in another state or jurisdiction or current surrender by
25 the licensee of membership on any nursing staff or in any
26 nursing or advanced practice registered nursing or

HB0313- 83 -LRB100 04130 SMS 14135 b
1 professional association or society while under
2 disciplinary investigation by any of those authorities or
3 bodies for acts or conduct similar to acts or conduct that
4 would constitute grounds for action as defined by this
5 Section.
6 (18) Failing, within 60 days, to provide information in
7 response to a written request made by the Department.
8 (19) Failure to establish and maintain records of
9 patient care and treatment as required by law.
10 (20) Fraud, deceit or misrepresentation in applying
11 for or procuring a license under this Act or in connection
12 with applying for renewal of a license under this Act.
13 (21) Allowing another person or organization to use the
14 licensees' license to deceive the public.
15 (22) Willfully making or filing false records or
16 reports in the licensee's practice, including but not
17 limited to false records to support claims against the
18 medical assistance program of the Department of Healthcare
19 and Family Services (formerly Department of Public Aid)
20 under the Illinois Public Aid Code.
21 (23) Attempting to subvert or cheat on a licensing
22 examination administered under this Act.
23 (24) Immoral conduct in the commission of an act,
24 including, but not limited to, sexual abuse, sexual
25 misconduct, or sexual exploitation, related to the
26 licensee's practice.

HB0313- 84 -LRB100 04130 SMS 14135 b
1 (25) Willfully or negligently violating the
2 confidentiality between nurse and patient except as
3 required by law.
4 (26) Practicing under a false or assumed name, except
5 as provided by law.
6 (27) The use of any false, fraudulent, or deceptive
7 statement in any document connected with the licensee's
8 practice.
9 (28) Directly or indirectly giving to or receiving from
10 a person, firm, corporation, partnership, or association a
11 fee, commission, rebate, or other form of compensation for
12 professional services not actually or personally rendered.
13 Nothing in this paragraph (28) affects any bona fide
14 independent contractor or employment arrangements among
15 health care professionals, health facilities, health care
16 providers, or other entities, except as otherwise
17 prohibited by law. Any employment arrangements may include
18 provisions for compensation, health insurance, pension, or
19 other employment benefits for the provision of services
20 within the scope of the licensee's practice under this Act.
21 Nothing in this paragraph (28) shall be construed to
22 require an employment arrangement to receive professional
23 fees for services rendered.
24 (29) A violation of the Health Care Worker
25 Self-Referral Act.
26 (30) Inability Physical illness, including but not

HB0313- 85 -LRB100 04130 SMS 14135 b
1 limited to deterioration through the aging process or loss
2 of motor skill, mental illness, or disability that results
3 in the inability to practice the profession with reasonable
4 judgment, skill, or safety.
5 (31) A postgraduate advanced practice registered nurse
6 exceeding Exceeding the terms of a collaborative agreement
7 or the prescriptive authority delegated to a licensee by
8 his or her collaborating advanced practice registered
9 nurse or physician or podiatric physician in guidelines
10 established under a written collaborative agreement.
11 (32) Making a false or misleading statement regarding a
12 licensee's skill or the efficacy or value of the medicine,
13 treatment, or remedy prescribed by him or her in the course
14 of treatment.
15 (33) Prescribing, selling, administering,
16 distributing, giving, or self-administering a drug
17 classified as a controlled substance (designated product)
18 or narcotic for other than medically accepted therapeutic
19 purposes.
20 (34) Promotion of the sale of drugs, devices,
21 appliances, or goods provided for a patient in a manner to
22 exploit the patient for financial gain.
23 (35) Violating State or federal laws, rules, or
24 regulations relating to controlled substances.
25 (36) Willfully or negligently violating the
26 confidentiality between an advanced practice registered

HB0313- 86 -LRB100 04130 SMS 14135 b
1 nurse, collaborating physician, dentist, or podiatric
2 physician and a patient, except as required by law.
3 (37) A violation of any provision of this Act or any
4 rules promulgated under this Act.
5 (c) The determination by a circuit court that a licensee is
6subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code, as amended, operates as an automatic suspension. The
9suspension will end only upon a finding by a court that the
10patient is no longer subject to involuntary admission or
11judicial admission and issues an order so finding and
12discharging the patient; and upon the recommendation of the
13Board to the Secretary that the licensee be allowed to resume
14his or her practice.
15 (d) The Department may refuse to issue or may suspend or
16otherwise discipline the license of any person who fails to
17file a return, or to pay the tax, penalty or interest shown in
18a filed return, or to pay any final assessment of the tax,
19penalty, or interest as required by any tax Act administered by
20the Department of Revenue, until such time as the requirements
21of any such tax Act are satisfied.
22 (e) In enforcing this Act, the Department or Board, upon a
23showing of a possible violation, may compel an individual
24licensed to practice under this Act or who has applied for
25licensure under this Act, to submit to a mental or physical
26examination, or both, as required by and at the expense of the

HB0313- 87 -LRB100 04130 SMS 14135 b
1Department. The Department or Board may order the examining
2physician to present testimony concerning the mental or
3physical examination of the licensee or applicant. No
4information shall be excluded by reason of any common law or
5statutory privilege relating to communications between the
6licensee or applicant and the examining physician. The
7examining physicians shall be specifically designated by the
8Board or Department. The individual to be examined may have, at
9his or her own expense, another physician of his or her choice
10present during all aspects of this examination. Failure of an
11individual to submit to a mental or physical examination, when
12directed, shall result in an automatic suspension without
13hearing.
14 All substance-related violations shall mandate an
15automatic substance abuse assessment. Failure to submit to an
16assessment by a licensed physician who is certified as an
17addictionist or an advanced practice registered nurse with
18specialty certification in addictions may be grounds for an
19automatic suspension, as defined by rule.
20 If the Department or Board finds an individual unable to
21practice or unfit for duty because of the reasons set forth in
22this Section, the Department or Board may require that
23individual to submit to a substance abuse evaluation or
24treatment by individuals or programs approved or designated by
25the Department or Board, as a condition, term, or restriction
26for continued, reinstated, or renewed licensure to practice;

HB0313- 88 -LRB100 04130 SMS 14135 b
1or, in lieu of evaluation or treatment, the Department may
2file, or the Board may recommend to the Department to file, a
3complaint to immediately suspend, revoke, or otherwise
4discipline the license of the individual. An individual whose
5license was granted, continued, reinstated, renewed,
6disciplined or supervised subject to such terms, conditions, or
7restrictions, and who fails to comply with such terms,
8conditions, or restrictions, shall be referred to the Secretary
9for a determination as to whether the individual shall have his
10or her license suspended immediately, pending a hearing by the
11Department.
12 In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 15 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21 An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department that he or she can resume practice in compliance
24with nursing standards under the provisions of his or her
25license.
26(Source: P.A. 98-214, eff. 8-9-13.)

HB0313- 89 -LRB100 04130 SMS 14135 b
1 (225 ILCS 65/70-50) (was 225 ILCS 65/20-40)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 70-50. Fund.
4 (a) There is hereby created within the State Treasury the
5Nursing Dedicated and Professional Fund. The monies in the Fund
6may be used by and at the direction of the Department for the
7administration and enforcement of this Act, including but not
8limited to:
9 (1) Distribution and publication of this Act and rules.
10 (2) Employment of secretarial, nursing,
11 administrative, enforcement, and other staff for the
12 administration of this Act.
13 (b) Disposition of fees:
14 (1) $5 of every licensure fee shall be placed in a fund
15 for assistance to nurses enrolled in a diversionary program
16 as approved by the Department.
17 (2) All of the fees, fines, and penalties collected
18 pursuant to this Act shall be deposited in the Nursing
19 Dedicated and Professional Fund.
20 (3) Each fiscal year, the moneys deposited in the
21 Nursing Dedicated and Professional Fund shall be
22 appropriated to the Department for expenses of the
23 Department and the Board in the administration of this Act.
24 All earnings received from investment of moneys in the
25 Nursing Dedicated and Professional Fund shall be deposited

HB0313- 90 -LRB100 04130 SMS 14135 b
1 in the Nursing Dedicated and Professional Fund and shall be
2 used for the same purposes as fees deposited in the Fund.
3 (4) For the fiscal year beginning July 1, 2009 and for
4 each fiscal year thereafter, $2,000,000 of the moneys
5 deposited in the Nursing Dedicated and Professional Fund
6 each year shall be set aside and appropriated to the
7 Department of Public Health for nursing scholarships
8 awarded pursuant to the Nursing Education Scholarship Law.
9 Representatives of the Department and the Nursing
10 Education Scholarship Program Advisory Council shall
11 review this requirement and the scholarship awards every 2
12 years.
13 (5) Moneys in the Fund may be transferred to the
14 Professions Indirect Cost Fund as authorized under Section
15 2105-300 of the Department of Professional Regulation Law
16 (20 ILCS 2105/2105-300).
17 (c) Moneys set aside for nursing scholarships awarded
18pursuant to the Nursing Education Scholarship Law as provided
19in item (4) of subsection (b) of this Section may not be
20transferred under Section 8h of the State Finance Act.
21 (d) At the end of every fiscal year, the Department of
22Public Health shall prepare a report regarding the moneys
23appropriated from the Fund to the Department of Public Health
24for nursing scholarships. The report shall provide data
25regarding the allocation of moneys, including the persons or
26organizations to which such funds were allocated,

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1administrative costs allocated to the Fund, and the total
2amount disbursed. The Department of Public Health shall submit
3the report to the Board of Nursing and the Center for Nursing
4and shall post the report on the Department of Public Health's
5website.
6(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
796-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.

HB0313- 92 -LRB100 04130 SMS 14135 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.28
4 5 ILCS 80/4.38 new
5 225 ILCS 65/50-10was 225 ILCS 65/5-10
6 225 ILCS 65/50-70was 225 ILCS 65/10-35
7 225 ILCS 65/50-75
8 225 ILCS 65/55-5
9 225 ILCS 65/55-10was 225 ILCS 65/10-30
10 225 ILCS 65/55-30
11 225 ILCS 65/55-35
12 225 ILCS 65/60-5
13 225 ILCS 65/60-10
14 225 ILCS 65/60-15was 225 ILCS 65/10-37
15 225 ILCS 65/60-35
16 225 ILCS 65/65-30
17 225 ILCS 65/65-35was 225 ILCS 65/15-15
18 225 ILCS 65/65-35.1
19 225 ILCS 65/65-35.2 new
20 225 ILCS 65/65-40was 225 ILCS 65/15-20
21 225 ILCS 65/65-43 new
22 225 ILCS 65/65-45was 225 ILCS 65/15-25
23 225 ILCS 65/65-50was 225 ILCS 65/15-30
24 225 ILCS 65/65-55was 225 ILCS 65/15-40
25 225 ILCS 65/65-60was 225 ILCS 65/15-45

HB0313- 93 -LRB100 04130 SMS 14135 b