Bill Text: IL SB1305 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Pharmacy Practice Act. Makes a technical change in the Section concerning Social Security Numbers.

Spectrum: Slight Partisan Bill (Republican 11-5)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1305 Detail]

Download: Illinois-2011-SB1305-Introduced.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nurse Practice Act is amended by adding
Article 80 as follows:
(225 ILCS 65/Art. 80 heading new)
ARTICLE 80. NURSE LICENSURE COMPACT
(225 ILCS 65/80-5 new)
(Section scheduled to be repealed on January 1, 2018)
Sec. 80-5. Nurse Licensure Compact. The State of Illinois
ratifies and approves the Nurse Licensure Compact and enters
into it with all other jurisdictions that legally join in the
compact. The General Assembly finds that no amendment by the
General Assembly to the provisions of the Compact contained in
this Act shall become effective and binding upon the Compact
and the Compact party states unless and until the Nurse
Licensure Compact Administrators (NLCA) enact the amendment to
the Articles of Organization of the NCLA. The Nurse Licensure
Compact is, in form, substantially as follows:
PART I.
Findings and Declaration of Purpose

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(a) The party states find that:
(1) the health and safety of the public are affected by
the degree of compliance with and the effectiveness of
enforcement activities related to state nurse licensure
laws;
(2) violations of nurse licensure and other laws
regulating the practice of nursing may result in injury or
harm to the public;
(3) the expanded mobility of nurses and the use of
advanced communication technologies as part of our
nation's healthcare delivery system require greater
coordination and cooperation among states in the areas of
nurse licensure and regulation;
(4) new practice modalities and technology make
compliance with individual state nurse licensure laws
difficult and complex; and
(5) the current system of duplicative licensure for
nurses practicing in multiple states is cumbersome and
redundant to both nurses and states.
(b) The general purposes of this Compact are to:
(1) facilitate the states' responsibility to protect
the public's health and safety;
(2) ensure and encourage the cooperation of party
states in the areas of nurse licensure and regulation;
(3) facilitate the exchange of information between

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party states in the areas of nurse regulation,
investigation and adverse actions;
(4) promote compliance with the laws governing the
practice of nursing in each jurisdiction; and
(5) invest all party states with the authority to hold
a nurse accountable for meeting all state practice laws in
the state in which the patient is located at the time care
is rendered through the mutual recognition of party state
licenses.
PART II.
Definitions
As used in this Compact:
(a) "Adverse Action" means a home or remote state action.
(b) "Alternative program" means a voluntary,
non-disciplinary monitoring program approved by a nurse
licensing board.
(c) "Coordinated licensure information system" means an
integrated process for collecting, storing, and sharing
information on nurse licensure and enforcement activities
related to nurse licensure laws, which is administered by a
non-profit organization composed of and controlled by state
nurse licensing boards.
(d) "Current significant investigative information" means:
(1) investigative information that a licensing board,

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after a preliminary inquiry that includes notification and
an opportunity for the nurse to respond if required by
state law, has reason to believe is not groundless and, if
proved true, would indicate more than a minor infraction;
or
(2) investigative information that indicates that the
nurse represents an immediate threat to public health and
safety regardless of whether the nurse has been notified
and had an opportunity to respond.
(e) "Home state" means the party state which is the nurse's
primary state of residence.
(f) "Home state action" means any administrative, civil,
equitable or criminal action permitted by the home state's laws
which are imposed on a nurse by the home state's licensing
board or other authority including actions against an
individual's license such as: revocation, suspension,
probation, or any other action which affects a nurse's
authorization to practice.
(g) "Licensing board" means a party state's regulatory body
responsible for issuing nurse licenses.
(h) "Multistate licensure privilege" means current,
official authority from a remote state permitting the practice
of nursing as either a registered nurse or a licensed
practical/vocational nurse in such party state. All party
states have the authority, in accordance with existing state
due process law, to take actions against the nurse's privilege

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such as: revocation, suspension, probation, or any other action
which affects a nurse's authorization to practice.
(i) "Nurse" means a registered nurse or licensed
practical/vocational nurse, as those terms are defined by each
party's state practice laws.
(j) "Party state" means any state that has adopted this
Compact.
(k) "Remote state" means a party state, other than the home
state,
(1) where the patient is located at the time nursing
care is provided, or,
(2) in the case of the practice of nursing not
involving a patient, in such party state where the
recipient of nursing practice is located.
(l) "Remote state action" means:
(1) any administrative, civil, equitable, or criminal
action permitted by a remote state's laws which are imposed
on a nurse by the remote state's licensing board or other
authority including actions against an individual's
multistate licensure privilege to practice in the remote
state, and
(2) cease and desist and other injunctive or equitable
orders issued by remote states or the licensing boards
thereof.
(m) "State" means a state, territory, or possession of the
United States, the District of Columbia or the Commonwealth of

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Puerto Rico.
(n) "State practice laws" means those individual party's
state laws and regulations that govern the practice of nursing,
define the scope of nursing practice, and create the methods
and grounds for imposing discipline. "State practice laws" does
not include the initial qualifications for licensure or
requirements necessary to obtain and retain a license, except
for qualifications or requirements of the home state.
PART III.
General Provisions and Jurisdiction
(a) A license to practice registered nursing issued by a
home state to a resident in that state will be recognized by
each party state as authorizing a multistate licensure
privilege to practice as a registered nurse in such party
state. A license to practice licensed practical/vocational
nursing issued by a home state to a resident in that state will
be recognized by each party state as authorizing a multistate
licensure privilege to practice as a licensed
practical/vocational nurse in such party state. In order to
obtain or retain a license, an applicant must meet the home
state's qualifications for licensure and license renewal as
well as all other applicable state laws.
(b) Party states may, in accordance with state due process
laws, limit or revoke the multistate licensure privilege of any

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nurse to practice in their state and may take any other actions
under their applicable state laws necessary to protect the
health and safety of their citizens. If a party state takes
such action, it shall promptly notify the administrator of the
coordinated licensure information system. The administrator of
the coordinated licensure information system shall promptly
notify the home state of any such actions by remote states.
(c) Every nurse practicing in a party state must comply
with the state practice laws of the state in which the patient
is located at the time care is rendered. In addition, the
practice of nursing is not limited to patient care, but shall
include all nursing practice as defined by the state practice
laws of a party state. The practice of nursing will subject a
nurse to the jurisdiction of the nurse licensing board and the
courts, as well as the laws, in that party state.
(d) This Compact does not affect additional requirements
imposed by states for advanced practice registered nursing.
However, a multistate licensure privilege to practice
registered nursing granted by a party state shall be recognized
by other party states as a license to practice registered
nursing if one is required by state law as a precondition for
qualifying for advanced practice registered nurse
authorization.
(e) Individuals not residing in a party state shall
continue to be able to apply for nurse licensure as provided
for under the laws of each party state. However, the license

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granted to these individuals will not be recognized as granting
the privilege to practice nursing in any other party state
unless explicitly agreed to by that party state.
PART IV.
Applications for Licensure in a Party State
(a) Upon application for a license, the licensing board in
a party state shall ascertain, through the coordinated
licensure information system, whether the applicant has ever
held, or is the holder of, a license issued by any other state,
whether there are any restrictions on the multistate licensure
privilege, and whether any other adverse action by any state
has been taken against the license.
(b) A nurse in a party state shall hold licensure in only
one party state at a time, issued by the home state.
(c) A nurse who intends to change primary state of
residence may apply for licensure in the new home state in
advance of such change. However, new licenses will not be
issued by a party state until after a nurse provides evidence
of change in primary state of residence satisfactory to the new
home state's licensing board.
(d) When a nurse changes primary state of residence by:
(1) moving between two party states, and obtains a
license from the new home state, the license from the
former home state is no longer valid;

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(2) moving from a non-party state to a party state, and
obtains a license from the new home state, the individual
state license issued by the non-party state is not affected
and will remain in full force if so provided by the laws of
the non-party state;
(3) moving from a party state to a non-party state, the
license issued by the prior home state converts to an
individual state license, valid only in the former home
state, without the multistate licensure privilege to
practice in other party states.
PART V.
Adverse Actions
In addition to the General Provisions described in Article
III, the following provisions apply:
(a) The licensing board of a remote state shall promptly
report to the administrator of the coordinated licensure
information system any remote state actions including the
factual and legal basis for such action, if known. The
licensing board of a remote state shall also promptly report
any significant current investigative information yet to
result in a remote state action. The administrator of the
coordinated licensure information system shall promptly notify
the home state of any such reports.
(b) The licensing board of a party state shall have the

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authority to complete any pending investigations for a nurse
who changes primary state of residence during the course of
such investigations. It shall also have the authority to take
appropriate action(s), and shall promptly report the
conclusions of such investigations to the administrator of the
coordinated licensure information system. The administrator of
the coordinated licensure information system shall promptly
notify the new home state of any such actions.
(c) A remote state may take adverse action affecting the
multistate licensure privilege to practice within that party
state. However, only the home state shall have the power to
impose adverse action against the license issued by the home
state.
(d) For purposes of imposing adverse action, the licensing
board of the home state shall give the same priority and effect
to reported conduct received from a remote state as it would if
such conduct had occurred within the home state. In so doing,
it shall apply its own state laws to determine appropriate
action.
(e) The home state may take adverse action based on the
factual findings of the remote state, so long as each state
follows its own procedures for imposing such adverse action.
(f) Nothing in this Compact shall override a party state's
decision that participation in an alternative program may be
used in lieu of licensure action and that such participation
shall remain non-public if required by the party state's laws.

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Party states must require nurses who enter any alternative
programs to agree not to practice in any other party state
during the term of the alternative program without prior
authorization from such other party state.
PART VI.
Additional Authorities Invested
in Party State Nurse Licensing Boards
Notwithstanding any other powers, party state nurse
licensing boards shall have the authority to:
(a) if otherwise permitted by state law, recover from the
affected nurse the costs of investigations and disposition of
cases resulting from any adverse action taken against that
nurse;
(b) issue subpoenas for both hearings and investigations
which require the attendance and testimony of witnesses and the
production of evidence. Subpoenas issued by a nurse licensing
board in a party state for the attendance and testimony of
witnesses or the production of evidence from another party
state, shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and
procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay
any witness fees, travel expenses, mileage, and other fees
required by the service statutes of the state where the

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witnesses and/or evidence are located;
(c) issue cease and desist orders to limit or revoke a
nurse's authority to practice in their state; or
(d) adopt uniform rules and regulations as provided for in
Article VIII(c).
PART VII.
Coordinated Licensure Information System
(a) All party states shall participate in a cooperative
effort to create a coordinated data base of all licensed
registered nurses and licensed practical/vocational nurses.
This system will include information on the licensure and
disciplinary history of each nurse, as contributed by party
states, to assist in the coordination of nurse licensure and
enforcement efforts.
(b) Notwithstanding any other provision of law, all party
states' licensing boards shall promptly report adverse
actions, actions against multistate licensure privileges, any
current significant investigative information yet to result in
adverse action, denials of applications, and the reasons for
such denials, to the coordinated licensure information system.
(c) Current significant investigative information shall be
transmitted through the coordinated licensure information
system only to party state licensing boards.
(d) Notwithstanding any other provision of law, all party

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states' licensing boards contributing information to the
coordinated licensure information system may designate
information that may not be shared with non-party states or
disclosed to other entities or individuals without the express
permission of the contributing state.
(e) Any personally identifiable information obtained by a
party states' licensing board from the coordinated licensure
information system may not be shared with non-party states or
disclosed to other entities or individuals except to the extent
permitted by the laws of the party state contributing the
information.
(f) Any information contributed to the coordinated
licensure information system that is subsequently required to
be expunged by the laws of the party state contributing that
information, shall also be expunged from the coordinated
licensure information system.
(g) The Compact administrators, acting jointly with each
other and in consultation with the administrator of the
coordinated licensure information system, shall formulate
necessary and proper procedures for the identification,
collection, and exchange of information under this Compact.
PART VIII.
Compact Administration and
Interchange of Information

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(a) The head of the nurse licensing board, or his or her
designee, of each party state shall be the administrator of
this Compact for his or her state.
(b) The Compact administrator of each party state shall
furnish to the Compact administrator of each other party state
any information and documents including, but not limited to, a
uniform data set of investigations, identifying information,
licensure data, and disclosable alternative program
participation information to facilitate the administration of
this Compact.
(c) Compact administrators shall have the authority to
develop uniform rules to facilitate and coordinate
implementation of this Compact. These uniform rules shall be
adopted by party states, under the authority invested under
Article VI(d).
PART IX.
Immunity
No party state or the officers or employees or agents of a
party state's nurse licensing board who acts in accordance with
the provisions of this Compact shall be liable on account of
any act or omission in good faith while engaged in the
performance of their duties under this Compact. Good faith in
this article shall not include willful misconduct, gross
negligence, or recklessness.

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PART X.
Entry into Force, Withdrawal and Amendment
(a) This Compact shall enter into force and become
effective as to any state when it has been enacted into the
laws of that state. Any party state may withdraw from this
Compact by enacting a statute repealing the same, but no such
withdrawal shall take effect until six months after the
withdrawing state has given notice of the withdrawal to the
executive heads of all other party states.
(b) No withdrawal shall affect the validity or
applicability by the licensing boards of states remaining party
to the Compact of any report of adverse action occurring prior
to the withdrawal.
(c) Nothing contained in this Compact shall be construed to
invalidate or prevent any nurse licensure agreement or other
cooperative arrangement between a party state and a non-party
state that is made in accordance with the other provisions of
this Compact.
(d) This Compact may be amended by the party states. No
amendment to this Compact shall become effective and binding
upon the party states unless and until it is enacted into the
laws of all party states.
PART XI.

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Construction and Severability
(a) This Compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this Compact
shall be severable and if any phrase, clause, sentence, or
provision of this Compact is declared to be contrary to the
constitution of any party state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of
this Compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If this Compact shall be held contrary to the constitution of
any state party thereto, the Compact shall remain in full force
and effect as to the remaining party states and in full force
and effect as to the party state affected as to all severable
matters.
(b) In the event party states find a need for settling
disputes arising under this Compact:
(1) The party states may submit the issues in dispute
to an arbitration panel which will be comprised of an
individual appointed by the Compact administrator in the
home state; an individual appointed by the Compact
administrator in the remote state(s) involved; and an
individual mutually agreed upon by the Compact
administrators of all the party states involved in the
dispute.

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(2) The decision of a majority of the arbitrators shall
be final and binding.
(225 ILCS 65/80-10 new)
(Section scheduled to be repealed on January 1, 2018)
Sec. 80-10. Costs of investigation and disposition of
cases. To facilitate cross-state enforcement efforts, the
General Assembly finds that it is necessary for Illinois to
have the power to recover from the affected nurse the costs of
investigations and disposition of cases resulting from adverse
actions taken by this State against that nurse.
(225 ILCS 65/80-15 new)
(Section scheduled to be repealed on January 1, 2018)
Sec. 80-15. Statutory obligations. This Compact is
designed to facilitate the regulation of nurses and does not
relieve employers from complying with statutorily imposed
obligations.
(225 ILCS 65/80-20 new)
(Section scheduled to be repealed on January 1, 2018)
Sec. 80-20. State labor laws. This Compact does not
supersede existing State labor laws.
Section 90. The Nurse Practice Act is amended by changing
Sections 50-10, 50-15, 55-10, and 60-10 as follows:

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(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-10. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in this
Section, except where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of
courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
"Advanced practice nurse" or "APN" means a person who has
met the qualifications for a (i) certified nurse midwife (CNM);
(ii) certified nurse practitioner (CNP); (iii) certified
registered nurse anesthetist (CRNA); or (iv) clinical nurse
specialist (CNS) and has been licensed by the Department. All
advanced practice nurses licensed and practicing in the State
of Illinois shall use the title APN and may use speciality
credentials after their name.
"Approved program of professional nursing education" and
"approved program of practical nursing education" are programs
of professional or practical nursing, respectively, approved
by the Department under the provisions of this Act.
"Board" means the Board of Nursing appointed by the
Secretary.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's

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respective area of expertise to provide more comprehensive
patient care.
"Consultation" means the process whereby an advanced
practice nurse seeks the advice or opinion of another health
care professional.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"Current nursing practice update course" means a planned
nursing education curriculum approved by the Department
consisting of activities that have educational objectives,
instructional methods, content or subject matter, clinical
practice, and evaluation methods, related to basic review and
updating content and specifically planned for those nurses
previously licensed in the United States or its territories and
preparing for reentry into nursing practice.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.
"Impaired nurse" means a nurse licensed under this Act who
is unable to practice with reasonable skill and safety because
of a physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,
including loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.

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"License" or "licensed" means the permission granted a
person to practice nursing under this Act, including the
privilege to practice.
"Licensee" means a person who has been issued a license to
practice nursing in this State or who holds the privilege to
practice nursing in this State.
"License-pending advanced practice nurse" means a
registered professional nurse who has completed all
requirements for licensure as an advanced practice nurse except
the certification examination and has applied to take the next
available certification exam and received a temporary license
from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatrist" means a person licensed to practice podiatry
under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a
person who is licensed as a practical nurse under this Act or
holds the privilege to practice under this Act and practices
practical nursing as defined in this Act. Only a practical
nurse licensed or granted the privilege to practice under this

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Act is entitled to use the title "licensed practical nurse" and
the abbreviation "L.P.N.".
"Practical nursing" means the performance of nursing acts
requiring the basic nursing knowledge, judgement, and skill
acquired by means of completion of an approved practical
nursing education program. Practical nursing includes
assisting in the nursing process as delegated by a registered
professional nurse or an advanced practice nurse. The practical
nurse may work under the direction of a licensed physician,
dentist, podiatrist, or other health care professional
determined by the Department.
"Privileged" means the authorization granted by the
governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the
credentialing process.
"Privilege to practice" means the authorization to
practice as a practical nurse or a registered nurse in this
State under Article 80 of this Act.
"Registered Nurse" or "Registered Professional Nurse"
means a person who is licensed as a professional nurse under
this Act or holds the privilege to practice under this Act and
practices nursing as defined in this Act. Only a registered
nurse licensed or granted the privilege to practice under this
Act is entitled to use the titles "registered nurse" and
"registered professional nurse" and the abbreviation, "R.N.".

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"Registered professional nursing practice" is a scientific
process founded on a professional body of knowledge; it is a
learned profession based on the understanding of the human
condition across the life span and environment and includes all
nursing specialities and means the performance of any nursing
act based upon professional knowledge, judgment, and skills
acquired by means of completion of an approved professional
nursing education program. A registered professional nurse
provides holistic nursing care through the nursing process to
individuals, groups, families, or communities, that includes
but is not limited to: (1) the assessment of healthcare needs,
nursing diagnosis, planning, implementation, and nursing
evaluation; (2) the promotion, maintenance, and restoration of
health; (3) counseling, patient education, health education,
and patient advocacy; (4) the administration of medications and
treatments as prescribed by a physician licensed to practice
medicine in all of its branches, a licensed dentist, a licensed
podiatrist, or a licensed optometrist or as prescribed by a
physician assistant in accordance with written guidelines
required under the Physician Assistant Practice Act of 1987 or
by an advanced practice nurse in accordance with Article 65 of
this Act; (5) the coordination and management of the nursing
plan of care; (6) the delegation to and supervision of
individuals who assist the registered professional nurse
implementing the plan of care; and (7) teaching nursing
students. The foregoing shall not be deemed to include those

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acts of medical diagnosis or prescription of therapeutic or
corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice nurse and a
collaborating physician, dentist, or podiatrist pursuant to
Section 65-35.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-15. Policy; application of Act.
(a) For the protection of life and the promotion of health,
and the prevention of illness and communicable diseases, any
person practicing or offering to practice advanced,
professional, or practical nursing in Illinois shall submit

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evidence that he or she is qualified to practice, and shall be
licensed or hold the privilege to practice as provided under
this Act. No person shall practice or offer to practice
advanced, professional, or practical nursing in Illinois or use
any title, sign, card or device to indicate that such a person
is practicing professional or practical nursing unless such
person has been licensed or holds the privilege to practice
under the provisions of this Act.
(b) This Act does not prohibit the following:
(1) The practice of nursing in Federal employment in
the discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
this Act.
(2) Nursing that is included in the program of study by
students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.
(3) The furnishing of nursing assistance in an
emergency.
(4) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit.
(5) The incidental care of the sick by members of the

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family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means.
(6) Persons from being employed as unlicensed
assistive personnel in private homes, long term care
facilities, nurseries, hospitals or other institutions.
(7) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department,
in form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified
to receive such license under this Act, until (i) the
expiration of 6 months after the filing of such written
application, (ii) the withdrawal of such application, or
(iii) the denial of such application by the Department.
(8) The practice of advanced practice nursing by one
who is an advanced practice nurse under the laws of another
state, territory of the United States, or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as an
advanced practice nurse and who is qualified to receive
such license under this Act, until (i) the expiration of 6
months after the filing of such written application, (ii)
the withdrawal of such application, or (iii) the denial of
such application by the Department.
(9) The practice of professional nursing by one who is
a registered professional nurse under the laws of another

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state, territory of the United States or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a
registered professional nurse and who is qualified to
receive such license under Section 55-10, until (1) the
expiration of 6 months after the filing of such written
application, (2) the withdrawal of such application, or (3)
the denial of such application by the Department.
(10) The practice of professional nursing that is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country,
territory or province and who is enrolled in a graduate
nursing education program or a program for the completion
of a baccalaureate nursing degree in this State, which
includes clinical supervision by faculty as determined by
the educational institution offering the program and the
health care organization where the practice of nursing
occurs.
(11) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
(12) Delegation to authorized direct care staff
trained under Section 15.4 of the Mental Health and
Developmental Disabilities Administrative Act consistent
with the policies of the Department.

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(13) The practice, services, or activities of persons
practicing the specified occupations set forth in
subsection (a) of, and pursuant to a licensing exemption
granted in subsection (b) or (d) of, Section 2105-350 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois, but only for so long as
the 2016 Olympic and Paralympic Games Professional
Licensure Exemption Law is operable.
(14) County correctional personnel from delivering
prepackaged medication for self-administration to an
individual detainee in a correctional facility.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician, dentist, or
podiatrist to a licensed practical nurse, a registered
professional nurse, or other persons.
(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
(225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 55-10. Qualifications for LPN licensure.
(a) Each applicant who successfully meets the requirements
of this Section shall be entitled to licensure as a Licensed
Practical Nurse.
(b) An applicant for licensure by examination to practice
as a practical nurse must do each of the following:

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(1) Submit a completed written application, on forms
provided by the Department and fees as established by the
Department.
(2) Have graduated from a practical nursing education
program approved by the Department or have been granted a
certificate of completion of pre-licensure requirements
from another United States jurisdiction.
(3) Successfully complete a licensure examination
approved by the Department.
(4) Have not violated the provisions of this Act
concerning the grounds for disciplinary action. The
Department may take into consideration any felony
conviction of the applicant, but such a conviction shall
not operate as an absolute bar to licensure.
(5) Submit to the criminal history records check
required under Section 50-35 of this Act.
(6) Submit either to the Department or its designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date at the time and place specified after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service shall result in the forfeiture of the
examination fee.
(7) Meet all other requirements established by rule.
An applicant for licensure by examination may take the

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Department-approved examination in another jurisdiction.
(b-5) If an applicant for licensure by examination
neglects, fails, or refuses to take an examination or fails to
pass an examination for a license under this Act within 3 years
after filing the application, the application shall be denied.
The applicant must enroll in and complete an approved practical
nursing education program prior to submitting an additional
application for the licensure exam.
An applicant may take and successfully complete a
Department-approved examination in another jurisdiction.
However, an applicant who has never been licensed previously in
any jurisdiction that utilizes a Department-approved
examination and who has taken and failed to pass the
examination within 3 years after filing the application must
submit proof of successful completion of a
Department-authorized nursing education program or
recompletion of an approved licensed practical nursing program
prior to re-application.
(c) An applicant for licensure by examination shall have
one year from the date of notification of successful completion
of the examination to apply to the Department for a license. If
an applicant fails to apply within one year, the applicant
shall be required to retake and pass the examination unless
licensed in another jurisdiction of the United States.
(d) A licensed practical nurse applicant who passes the
Department-approved licensure examination and has applied to

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the Department for licensure may obtain employment as a
license-pending practical nurse and practice as delegated by a
registered professional nurse or an advanced practice nurse or
physician. An individual may be employed as a license-pending
practical nurse if all of the following criteria are met:
(1) He or she has completed and passed the
Department-approved licensure exam and presents to the
employer the official written notification indicating
successful passage of the licensure examination.
(2) He or she has completed and submitted to the
Department an application for licensure under this Section
as a practical nurse.
(3) He or she has submitted the required licensure fee.
(4) He or she has met all other requirements
established by rule, including having submitted to a
criminal history records check.
(e) The privilege to practice as a license-pending
practical nurse shall terminate with the occurrence of any of
the following:
(1) Three months have passed since the official date of
passing the licensure exam as inscribed on the formal
written notification indicating passage of the exam. This
3-month period may be extended as determined by rule.
(2) Receipt of the practical nurse license from the
Department.
(3) Notification from the Department that the

SB1305 Engrossed - 31 - LRB097 08927 CEL 49059 b
application for licensure has been denied.
(4) A request by the Department that the individual
terminate practicing as a license-pending practical nurse
until an official decision is made by the Department to
grant or deny a practical nurse license.
(f) An applicant for licensure by endorsement who is a
licensed practical nurse licensed by examination under the laws
of another state or territory of the United States or a foreign
country, jurisdiction, territory, or province must do each of
the following:
(1) Submit a completed written application, on forms
supplied by the Department, and fees as established by the
Department.
(2) Have graduated from a practical nursing education
program approved by the Department.
(3) Submit verification of licensure status directly
from the United States jurisdiction of licensure, if
applicable, as defined by rule.
(4) Submit to the criminal history records check
required under Section 50-35 of this Act.
(5) Meet all other requirements as established by the
Department by rule.
(g) All applicants for practical nurse licensure by
examination or endorsement who are graduates of nursing
educational programs in a country other than the United States
or its territories shall have their nursing education

SB1305 Engrossed - 32 - LRB097 08927 CEL 49059 b
credentials evaluated by a Department-approved nursing
credentialing evaluation service. No such applicant may be
issued a license under this Act unless the applicant's program
is deemed by the nursing credentialing evaluation service to be
equivalent to a professional nursing education program
approved by the Department. An applicant who has graduated from
a nursing educational program outside of the United States or
its territories and whose first language is not English shall
submit certification of passage of the Test of English as a
Foreign Language (TOEFL), as defined by rule. The Department
may, upon recommendation from the nursing evaluation service,
waive the requirement that the applicant pass the TOEFL
examination if the applicant submits verification of the
successful completion of a nursing education program conducted
in English. The requirements of this subsection (d) may be
satisfied by the showing of proof of a certificate from the
Certificate Program or the VisaScreen Program of the Commission
on Graduates of Foreign Nursing Schools.
(h) An applicant licensed in another state or territory who
is applying for licensure and has received her or his education
in a country other than the United States or its territories
shall have her or his nursing education credentials evaluated
by a Department-approved nursing credentialing evaluation
service. No such applicant may be issued a license under this
Act unless the applicant's program is deemed by the nursing
credentialing evaluation service to be equivalent to a

SB1305 Engrossed - 33 - LRB097 08927 CEL 49059 b
professional nursing education program approved by the
Department. An applicant who has graduated from a nursing
educational program outside of the United States or its
territories and whose first language is not English shall
submit certification of passage of the Test of English as a
Foreign Language (TOEFL), as defined by rule. The Department
may, upon recommendation from the nursing evaluation service,
waive the requirement that the applicant pass the TOEFL
examination if the applicant submits verification of the
successful completion of a nursing education program conducted
in English or the successful passage of an approved licensing
examination given in English. The requirements of this
subsection (d-5) may be satisfied by the showing of proof of a
certificate from the Certificate Program or the VisaScreen
Program of the Commission on Graduates of Foreign Nursing
Schools.
(i) A licensed practical nurse who holds an unencumbered
license in good standing in another United States jurisdiction
and who has applied for practical nurse licensure under this
Act by endorsement may be issued a temporary license, if
satisfactory proof of such licensure in another jurisdiction is
presented to the Department. The Department shall not issue an
applicant a temporary practical nurse license until it is
satisfied that the applicant holds an active, unencumbered
license in good standing in another jurisdiction. If the
applicant holds more than one current active license or one or

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more active temporary licenses from another jurisdiction, the
Department may not issue a temporary license until the
Department is satisfied that each current active license held
by the applicant is unencumbered. The temporary license, which
shall be issued no later than 14 working days following receipt
by the Department of an application for the temporary license,
shall be granted upon the submission of all of the following to
the Department:
(1) A completed application for licensure as a
practical nurse.
(2) Proof of a current, active license in at least one
other jurisdiction of the United States and proof that each
current active license or temporary license held by the
applicant within the last 5 years is unencumbered.
(3) A signed and completed application for a temporary
license.
(4) The required temporary license fee.
(j) The Department may refuse to issue an applicant a
temporary license authorized pursuant to this Section if,
within 14 working days following its receipt of an application
for a temporary license, the Department determines that:
(1) the applicant has been convicted of a crime under
the laws of a jurisdiction of the United States that is:
(i) a felony; or (ii) a misdemeanor directly related to the
practice of the profession, within the last 5 years;
(2) the applicant has had a license or permit related

SB1305 Engrossed - 35 - LRB097 08927 CEL 49059 b
to the practice of practical nursing revoked, suspended, or
placed on probation by another jurisdiction within the last
5 years and at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds in Illinois; or
(3) the Department intends to deny licensure by
endorsement.
(k) The Department may revoke a temporary license issued
pursuant to this Section if it determines any of the following:
(1) That the applicant has been convicted of a crime
under the law of any jurisdiction of the United States that
is (i) a felony or (ii) a misdemeanor directly related to
the practice of the profession, within the last 5 years.
(2) That within the last 5 years the applicant has had
a license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction, and at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds for disciplinary
action under this Act.
(3) That the Department intends to deny licensure by
endorsement.
(l) A temporary license shall expire 6 months from the date
of issuance. Further renewal may be granted by the Department
in hardship cases, as defined by rule and upon approval of the
Secretary. However, a temporary license shall automatically

SB1305 Engrossed - 36 - LRB097 08927 CEL 49059 b
expire upon issuance of a valid license under this Act or upon
notification that the Department intends to deny licensure,
whichever occurs first.
(m) All applicants for practical nurse licensure have 3
years from the date of application to complete the application
process. If the process has not been completed within 3 years
from the date of application, the application shall be denied,
the fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(n) A practical nurse licensed by a party state under the
Nurse Licensure Compact under Article 80 of this Act is granted
the privilege to practice practical nursing in this State.
(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
95-639, eff. 10-5-07.)
(225 ILCS 65/60-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60-10. Qualifications for RN licensure.
(a) Each applicant who successfully meets the requirements
of this Section shall be entitled to licensure as a registered
professional nurse.
(b) An applicant for licensure by examination to practice
as a registered professional nurse must do each of the
following:
(1) Submit a completed written application, on forms
provided by the Department, and fees, as established by the

SB1305 Engrossed - 37 - LRB097 08927 CEL 49059 b
Department.
(2) Have graduated from a professional nursing
education program approved by the Department or have been
granted a certificate of completion of pre-licensure
requirements from another United States jurisdiction.
(3) Successfully complete a licensure examination
approved by the Department.
(4) Have not violated the provisions of this Act
concerning the grounds for disciplinary action. The
Department may take into consideration any felony
conviction of the applicant, but such a conviction may not
operate as an absolute bar to licensure.
(5) Submit to the criminal history records check
required under Section 50-35 of this Act.
(6) Submit, either to the Department or its designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date at the time and place specified after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service shall result in the forfeiture of the
examination fee.
(7) Meet all other requirements established by the
Department by rule. An applicant for licensure by
examination may take the Department-approved examination
in another jurisdiction.

SB1305 Engrossed - 38 - LRB097 08927 CEL 49059 b
(b-5) If an applicant for licensure by examination
neglects, fails, or refuses to take an examination or fails to
pass an examination for a license within 3 years after filing
the application, the application shall be denied. The applicant
may make a new application accompanied by the required fee,
evidence of meeting the requirements in force at the time of
the new application, and proof of the successful completion of
at least 2 additional years of professional nursing education.
(c) An applicant for licensure by examination shall have
one year after the date of notification of the successful
completion of the examination to apply to the Department for a
license. If an applicant fails to apply within one year, the
applicant shall be required to retake and pass the examination
unless licensed in another jurisdiction of the United States.
(d) An applicant for licensure by examination who passes
the Department-approved licensure examination for professional
nursing may obtain employment as a license-pending registered
nurse and practice under the direction of a registered
professional nurse or an advanced practice nurse until such
time as he or she receives his or her license to practice or
until the license is denied. In no instance shall any such
applicant practice or be employed in any management capacity.
An individual may be employed as a license-pending registered
nurse if all of the following criteria are met:
(1) He or she has completed and passed the
Department-approved licensure exam and presents to the

SB1305 Engrossed - 39 - LRB097 08927 CEL 49059 b
employer the official written notification indicating
successful passage of the licensure examination.
(2) He or she has completed and submitted to the
Department an application for licensure under this Section
as a registered professional nurse.
(3) He or she has submitted the required licensure fee.
(4) He or she has met all other requirements
established by rule, including having submitted to a
criminal history records check.
(e) The privilege to practice as a license-pending
registered nurse shall terminate with the occurrence of any of
the following:
(1) Three months have passed since the official date of
passing the licensure exam as inscribed on the formal
written notification indicating passage of the exam. The
3-month license pending period may be extended if more time
is needed by the Department to process the licensure
application.
(2) Receipt of the registered professional nurse
license from the Department.
(3) Notification from the Department that the
application for licensure has been refused.
(4) A request by the Department that the individual
terminate practicing as a license-pending registered nurse
until an official decision is made by the Department to
grant or deny a registered professional nurse license.

SB1305 Engrossed - 40 - LRB097 08927 CEL 49059 b
(f) An applicant for registered professional nurse
licensure by endorsement who is a registered professional nurse
licensed by examination under the laws of another state or
territory of the United States must do each of the following:
(1) Submit a completed written application, on forms
supplied by the Department, and fees as established by the
Department.
(2) Have graduated from a registered professional
nursing education program approved by the Department.
(3) Submit verification of licensure status directly
from the United States jurisdiction of licensure, if
applicable, as defined by rule.
(4) Submit to the criminal history records check
required under Section 50-35 of this Act.
(5) Meet all other requirements as established by the
Department by rule.
(g) Pending the issuance of a license under this Section,
the Department may grant an applicant a temporary license to
practice nursing as a registered professional nurse if the
Department is satisfied that the applicant holds an active,
unencumbered license in good standing in another U.S.
jurisdiction. If the applicant holds more than one current
active license or one or more active temporary licenses from
another jurisdiction, the Department may not issue a temporary
license until the Department is satisfied that each current
active license held by the applicant is unencumbered. The

SB1305 Engrossed - 41 - LRB097 08927 CEL 49059 b
temporary license, which shall be issued no later than 14
working days after receipt by the Department of an application
for the temporary license, shall be granted upon the submission
of all of the following to the Department:
(1) A completed application for licensure as a
registered professional nurse.
(2) Proof of a current, active license in at least one
other jurisdiction of the United States and proof that each
current active license or temporary license held by the
applicant within the last 5 years is unencumbered.
(3) A completed application for a temporary license.
(4) The required temporary license fee.
(h) The Department may refuse to issue an applicant a
temporary license authorized pursuant to this Section if,
within 14 working days after its receipt of an application for
a temporary license, the Department determines that:
(1) the applicant has been convicted of a crime under
the laws of a jurisdiction of the United States that is (i)
a felony or (ii) a misdemeanor directly related to the
practice of the profession, within the last 5 years;
(2) the applicant has had a license or permit related
to the practice of nursing revoked, suspended, or placed on
probation by another jurisdiction within the last 5 years,
if at least one of the grounds for revoking, suspending, or
placing on probation is the same or substantially
equivalent to grounds for disciplinary action under this

SB1305 Engrossed - 42 - LRB097 08927 CEL 49059 b
Act; or
(3) the Department intends to deny licensure by
endorsement.
(i) The Department may revoke a temporary license issued
pursuant to this Section if it determines any of the following:
(1) That the applicant has been convicted of a crime
under the laws of any jurisdiction of the United States
that is (i) a felony or (ii) a misdemeanor directly related
to the practice of the profession, within the last 5 years.
(2) That within the last 5 years, the applicant has had
a license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction, if at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds for disciplinary
action under this Act.
(3) That it intends to deny licensure by endorsement.
(j) A temporary license issued under this Section shall
expire 6 months after the date of issuance. Further renewal may
be granted by the Department in hardship cases, as defined by
rule and upon approval of the Secretary. However, a temporary
license shall automatically expire upon issuance of the
Illinois license or upon notification that the Department
intends to deny licensure, whichever occurs first.
(k) All applicants for registered professional nurse
licensure have 3 years after the date of application to

SB1305 Engrossed - 43 - LRB097 08927 CEL 49059 b
complete the application process. If the process has not been
completed within 3 years after the date of application, the
application shall be denied, the fee forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(l) All applicants for registered nurse licensure by
examination or endorsement who are graduates of practical
nursing educational programs in a country other than the United
States and its territories shall have their nursing education
credentials evaluated by a Department-approved nursing
credentialing evaluation service. No such applicant may be
issued a license under this Act unless the applicant's program
is deemed by the nursing credentialing evaluation service to be
equivalent to a professional nursing education program
approved by the Department. An applicant who has graduated from
a nursing educational program outside of the United States or
its territories and whose first language is not English shall
submit certification of passage of the Test of English as a
Foreign Language (TOEFL), as defined by rule. The Department
may, upon recommendation from the nursing evaluation service,
waive the requirement that the applicant pass the TOEFL
examination if the applicant submits verification of the
successful completion of a nursing education program conducted
in English. The requirements of this subsection (l) may be
satisfied by the showing of proof of a certificate from the
Certificate Program or the VisaScreen Program of the Commission

SB1305 Engrossed - 44 - LRB097 08927 CEL 49059 b
on Graduates of Foreign Nursing Schools.
(m) An applicant licensed in another state or territory who
is applying for licensure and has received her or his education
in a country other than the United States or its territories
shall have her or his nursing education credentials evaluated
by a Department-approved nursing credentialing evaluation
service. No such applicant may be issued a license under this
Act unless the applicant's program is deemed by the nursing
credentialing evaluation service to be equivalent to a
professional nursing education program approved by the
Department. An applicant who has graduated from a nursing
educational program outside of the United States or its
territories and whose first language is not English shall
submit certification of passage of the Test of English as a
Foreign Language (TOEFL), as defined by rule. The Department
may, upon recommendation from the nursing evaluation service,
waive the requirement that the applicant pass the TOEFL
examination if the applicant submits verification of the
successful completion of a nursing education program conducted
in English or the successful passage of an approved licensing
examination given in English. The requirements of this
subsection (m) may be satisfied by the showing of proof of a
certificate from the Certificate Program or the VisaScreen
Program of the Commission on Graduates of Foreign Nursing
Schools.
(n) A registered nurse licensed by a party state under the

SB1305 Engrossed - 45 - LRB097 08927 CEL 49059 b
Nurse Licensure Compact under Article 80 of this Act is granted
the privilege to practice registered nursing in this State.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 99. Effective date. This Act takes effect January
1, 2013.