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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3513 Introduced 2/14/2014, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
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Amends the Nurse Practice Act. Ratifies and adopts the Nurse Licensure Compact. Allows for reciprocity of licensure of licensed practical nurses and registered nurses among the states. Provides for administration of the Compact by the Nursing Act Coordinator. Provides that the licensing board shall participate in a Compact Evaluation Initiative designed to evaluate the effectiveness and operability of the Compact. Provides that the Compact does not relieve employers from complying with statutorily imposed obligations. Provides that the Compact does not supersede existing State labor laws. Makes changes relating to the purposes of the Compact. Provides that any practical nurse or registered nurse exercising the practice privilege afforded under the Nurse Licensure Compact who provides direct patient care in Illinois shall be registered with the eNotify Nurses Database system which can be assessed at no cost by the Department of Financial and Professional Regulation. Provides that the Department may revoke or limit the multistate licensure privilege of any practical nurse or registered nurse to practice in Illinois necessary to protect the health and safety of the public. Further provides that a practical nurse or registered nurse shall be denied the privilege to practice by the Department if he or she has been convicted of certain criminal offenses or has been required to register under the Sex Offender Registration Act. Provides that each practical nurse or registered nurse licensed by a party state under the Nurse Licensure Compact that is applying for the privilege to practice in this State shall have his or her fingerprints submitted to the Department of State Police for the purposes of a criminal history records check.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Nurse Practice Act is amended by adding |
5 | | Article 80 as follows:
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6 | | (225 ILCS 65/Art. 80 heading new)
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7 | | ARTICLE 80. NURSE LICENSURE COMPACT
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8 | | (225 ILCS 65/80-5 new)
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9 | | (Section scheduled to be repealed on January 1, 2018) |
10 | | Sec. 80-5. Nurse Licensure Compact. The State of Illinois |
11 | | ratifies and
approves the Nurse Licensure Compact and enters |
12 | | into it with all other
jurisdictions that
legally join in the |
13 | | compact. The General Assembly finds that no amendment by the |
14 | | General Assembly to the provisions of the Compact contained in |
15 | | this Act shall become effective and binding upon the Compact |
16 | | and the Compact party states unless and until the Nurse |
17 | | Licensure Compact Administrators (NLCA) enact the amendment to |
18 | | the Articles of Organization of the NCLA. The Nurse Licensure |
19 | | Compact is, in form, substantially as follows:
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20 | | PART I.
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21 | | Findings and Declaration of Purpose
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1 | | (a) The party states find that: |
2 | | (1) the health and safety of the public are affected by |
3 | | the degree of
compliance with and the effectiveness of |
4 | | enforcement activities related to
state
nurse licensure |
5 | | laws;
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6 | | (2) violations of nurse licensure and other laws |
7 | | regulating the practice
of
nursing may result in injury or |
8 | | harm to the public;
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9 | | (3) the expanded mobility of nurses and the use of |
10 | | advanced
communication technologies as part of our |
11 | | nation's healthcare delivery system
require greater |
12 | | coordination and cooperation among states in the areas of |
13 | | nurse
licensure and regulation; |
14 | | (4) new practice modalities and technology make |
15 | | compliance with
individual state nurse licensure laws |
16 | | difficult and complex; and
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17 | | (5) the current system of duplicative licensure for |
18 | | nurses practicing in
multiple states is cumbersome and |
19 | | redundant to both nurses and states.
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20 | | (b) The general purposes of this Compact are to:
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21 | | (1) facilitate the states' responsibility to protect |
22 | | the public's health
and
safety;
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23 | | (2) ensure and encourage the cooperation of party |
24 | | states in the areas of
nurse licensure and regulation;
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25 | | (3) facilitate the exchange of information between |
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1 | | party states in the
areas
of nurse regulation, |
2 | | investigation and adverse actions;
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3 | | (4) promote compliance with the laws governing the |
4 | | practice of nursing in
each jurisdiction; and
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5 | | (5) invest all party states with the authority to hold |
6 | | a nurse accountable
for
meeting all state practice laws in |
7 | | the state in which the patient is located at
the
time care |
8 | | is rendered through the mutual recognition of party state |
9 | | licenses.
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10 | | PART II.
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11 | | Definitions
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12 | | As used in this Compact:
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13 | | (a) "Adverse Action" means a home or remote state action.
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14 | | (b) "Alternative program" means a voluntary, |
15 | | non-disciplinary monitoring
program approved by a nurse |
16 | | licensing board.
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17 | | (c) "Coordinated licensure information system" means an |
18 | | integrated
process for collecting, storing, and sharing |
19 | | information on nurse licensure and
enforcement activities |
20 | | related to nurse licensure laws, which is administered
by a
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21 | | non-profit organization composed of and controlled by state |
22 | | nurse licensing
boards.
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23 | | (d) "Current significant investigative information" means:
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24 | | (1) investigative information that a licensing board, |
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1 | | after a
preliminary inquiry that includes notification and |
2 | | an opportunity for the
nurse to respond if required by |
3 | | state law, has reason to believe is not
groundless and, if |
4 | | proved true, would indicate more than a minor
infraction; |
5 | | or
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6 | | (2) investigative information that indicates that the |
7 | | nurse represents
an immediate threat to public health and |
8 | | safety regardless of whether the
nurse has been notified |
9 | | and had an opportunity to respond.
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10 | | (e) "Home state" means the party state which is the nurse's |
11 | | primary state
of residence.
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12 | | (f) "Home state action" means any administrative, civil, |
13 | | equitable, or
criminal action permitted by the home state's |
14 | | laws that are imposed on a nurse
by the home state's licensing |
15 | | board or other authority including actions against
an |
16 | | individual's license such as: revocation, suspension, |
17 | | probation, or any other
action which affects a nurse's |
18 | | authorization to practice.
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19 | | (g) "Licensing board" means a party state's regulatory body |
20 | | responsible
for issuing nurse licenses.
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21 | | (h) "Multistate licensure privilege" means current, |
22 | | official authority from a
remote state permitting the practice |
23 | | of nursing as either a registered nurse or a
licensed |
24 | | practical/vocational nurse in such party state. All party |
25 | | states have the
authority, in accordance with existing state |
26 | | due process law, to take actions
against the nurse's privilege |
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1 | | such as: revocation, suspension, probation, or any
other action |
2 | | which affects a nurse's authorization to practice.
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3 | | (i) "Nurse" means a registered nurse or licensed |
4 | | practical/vocational
nurse, as those terms are defined by each |
5 | | party's state practice laws.
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6 | | (j) "Party state" means any state that has adopted this |
7 | | Compact.
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8 | | (k) "Remote state" means a party state, other than the home |
9 | | state,
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10 | | (1) where the patient is located at the time nursing |
11 | | care is provided,
or,
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12 | | (2) in the case of the practice of nursing not |
13 | | involving a patient, in
such party state where the |
14 | | recipient of nursing practice is located.
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15 | | (l) "Remote state action" means:
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16 | | (1) any administrative, civil, equitable, or criminal |
17 | | action permitted
by a remote state's laws which are imposed |
18 | | on a nurse by the remote
state's licensing board or other |
19 | | authority including actions against an
individual's |
20 | | multistate licensure privilege to practice in the remote |
21 | | state,
and
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22 | | (2) cease and desist and other injunctive or equitable |
23 | | orders issued
by remote states or the licensing boards |
24 | | thereof.
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25 | | (m) "State" means a state, territory, or possession of the |
26 | | United States,
the District of Columbia or the Commonwealth of |
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1 | | Puerto Rico.
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2 | | (n) "State practice laws" means those individual party's |
3 | | state laws and
regulations that govern the practice of nursing, |
4 | | define the scope of nursing
practice, and create the methods |
5 | | and grounds for imposing discipline. "State
practice laws" does |
6 | | not include the initial qualifications for licensure or
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7 | | requirements necessary to obtain and retain a license, except |
8 | | for
qualifications or
requirements of the home state.
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9 | | PART III.
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10 | | General Provisions and Jurisdiction
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11 | | (a) A license to practice registered nursing issued by a |
12 | | home state to a
resident in
that state will be recognized by |
13 | | each party state as authorizing a multistate
licensure
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14 | | privilege to practice as a registered nurse in such party |
15 | | state. A license to
practice
licensed practical/vocational |
16 | | nursing issued by a home state to a resident in
that state will
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17 | | be recognized by each party state as authorizing a multistate |
18 | | licensure
privilege to
practice as a licensed |
19 | | practical/vocational nurse in such party state. In order
to |
20 | | obtain or
retain a license, an applicant must meet the home |
21 | | state's qualifications for
licensure and
license renewal as |
22 | | well as all other applicable state laws.
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23 | | (b) Party states may, in accordance with state due process |
24 | | laws, limit or revoke
the multistate licensure privilege of any |
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1 | | nurse to practice in their state and may take any
other actions |
2 | | under their applicable state laws necessary to protect the |
3 | | health and safety
of their citizens. If a party state takes |
4 | | such action, it shall promptly notify the
administrator of the |
5 | | coordinated licensure information system. The administrator of |
6 | | the
coordinated licensure information system shall promptly |
7 | | notify the home state of any
such actions by remote states.
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8 | | (c) Every nurse practicing in a party state must comply |
9 | | with the state practice
laws of the state in which the patient |
10 | | is located at the time care is rendered. In addition,
the |
11 | | practice of nursing is not limited to patient care, but shall |
12 | | include all nursing practice
as defined by the state practice |
13 | | laws of a party state. The practice of nursing will subject a
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14 | | nurse to the jurisdiction of the nurse licensing board and the |
15 | | courts, as well as the laws, in
that party state.
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16 | | (d) This Compact does not affect additional requirements |
17 | | imposed by states for
advanced practice registered nursing. |
18 | | However, a multistate licensure privilege to
practice |
19 | | registered nursing granted by a party state shall be recognized |
20 | | by other party
states as a license to practice registered |
21 | | nursing if one is required by state law as a
precondition for |
22 | | qualifying for advanced practice registered nurse |
23 | | authorization.
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24 | | (e) Individuals not residing in a party state shall |
25 | | continue to be able to
apply for
nurse licensure as provided |
26 | | for under the laws of each party state. However,
the license
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1 | | granted to these individuals will not be recognized as granting |
2 | | the privilege
to practice
nursing in any other party state |
3 | | unless explicitly agreed to by that party
state.
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4 | | PART IV.
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5 | | Applications for Licensure in a Party State
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6 | | (a) Upon application for a license, the licensing board in |
7 | | a party state
shall
ascertain, through the coordinated |
8 | | licensure information system, whether the
applicant
has ever |
9 | | held, or is the holder of, a license issued by any other state,
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10 | | whether there are
any restrictions on the multistate licensure |
11 | | privilege, and whether any other
adverse
action by any state |
12 | | has been taken against the license.
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13 | | (b) A nurse in a party state shall hold licensure in only |
14 | | one party state at a time,
issued by the home state.
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15 | | (c) A nurse who intends to change primary state of |
16 | | residence may apply for
licensure in the new home state in |
17 | | advance of such change. However, new licenses will
not be |
18 | | issued by a party state until after a nurse provides evidence |
19 | | of change in primary
state of residence satisfactory to the new |
20 | | home state's licensing board.
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21 | | (d) When a nurse changes primary state of residence by:
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22 | | (1) moving between two party states, and obtains a |
23 | | license from the new
home state, the license from the |
24 | | former home state is no longer valid;
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1 | | (2) moving from a non-party state to a party state, and |
2 | | obtains a license
from the new home state, the individual |
3 | | state license issued by the non-party
state
is not affected |
4 | | and will remain in full force if so provided by the laws of |
5 | | the
non-party state;
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6 | | (3) moving from a party state to a non-party state, the |
7 | | license issued by
the
prior home state converts to an |
8 | | individual state license, valid only in the
former
home |
9 | | state, without the multistate licensure privilege to |
10 | | practice in other
party
states.
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11 | | PART V.
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12 | | Adverse Actions
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13 | | In addition to the General Provisions described in Part |
14 | | III, the following
provisions apply:
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15 | | (a) The licensing board of a remote state shall promptly |
16 | | report to the
administrator of the coordinated licensure |
17 | | information system any remote state
actions including the |
18 | | factual and legal basis for such action, if known. The
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19 | | licensing board of a remote state shall also promptly report |
20 | | any significant current
investigative information yet to |
21 | | result in a remote state action. The administrator
of the |
22 | | coordinated licensure information system shall promptly notify |
23 | | the home
state of any such reports.
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24 | | (b) The licensing board of a party state shall have the |
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1 | | authority to
complete any pending investigations for a nurse |
2 | | who changes primary state of
residence during the course of |
3 | | such investigations. It shall also have the authority
to take |
4 | | appropriate action(s), and shall promptly report the |
5 | | conclusions of such
investigations to the administrator of the |
6 | | coordinated licensure information
system. The administrator of |
7 | | the coordinated licensure information system shall
promptly |
8 | | notify the new home state of any such actions.
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9 | | (c) A remote state may take adverse action affecting the |
10 | | multistate
licensure privilege to practice within that party |
11 | | state. However, only the home
state shall have the power to |
12 | | impose adverse action against the license issued
by the home |
13 | | state.
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14 | | (d) For purposes of imposing adverse action, the licensing |
15 | | board of the
home state shall give the same priority and effect |
16 | | to reported conduct received
from a remote state as it would if |
17 | | such conduct had occurred within the home
state. In so doing, |
18 | | it shall apply its own state laws to determine appropriate
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19 | | action.
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20 | | (e) The home state may take adverse action based on the |
21 | | factual findings
of the remote state, so long as each state |
22 | | follows its own procedures for
imposing such adverse action.
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23 | | (f) Nothing in this Compact shall override a party state's |
24 | | decision that
participation in an alternative program may be |
25 | | used in lieu of licensure action
and
that such participation |
26 | | shall remain non-public if required by the party
state's
laws. |
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1 | | Party states must require nurses who enter any alternative |
2 | | programs to
agree not to practice in any other party state |
3 | | during the term of the
alternative
program without prior |
4 | | authorization from such other party state.
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5 | | PART VI.
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6 | | Additional Authorities Invested
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7 | | in Party State Nurse Licensing Boards
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8 | | Notwithstanding any other powers, party state nurse |
9 | | licensing boards shall
have
the authority to:
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10 | | (a) if otherwise permitted by state law, recover from the |
11 | | affected nurse the
costs of investigations and disposition of |
12 | | cases resulting from any adverse
action
taken against that |
13 | | nurse;
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14 | | (b) issue subpoenas for both hearings and investigations |
15 | | which require the
attendance and testimony of witnesses and the |
16 | | production of evidence.
Subpoenas issued by a nurse licensing |
17 | | board in a party state for the attendance
and testimony of |
18 | | witnesses or the production of evidence from another
party
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19 | | state, shall be enforced in the latter state by any court of |
20 | | competent
jurisdiction,
according to the practice and |
21 | | procedure of that court applicable to subpoenas
issued in |
22 | | proceedings pending before it. The issuing authority shall pay |
23 | | any
witness fees, travel expenses, mileage, and other fees |
24 | | required by the service
statutes of the state where the |
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1 | | witnesses and/or evidence are located;
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2 | | (c) issue cease and desist orders to limit or revoke a |
3 | | nurse's authority to
practice in their state; or
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4 | | (d) adopt uniform rules and regulations as provided for in |
5 | | Part
VIII(c).
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6 | | PART VII.
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7 | | Coordinated Licensure Information System
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8 | | (a) All party states shall participate in a cooperative |
9 | | effort to create a
coordinated
data base of all licensed |
10 | | registered nurses and licensed practical/vocational
nurses. |
11 | | This
system will include information on the licensure and |
12 | | disciplinary history of
each nurse, as
contributed by party |
13 | | states, to assist in the coordination of nurse licensure
and
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14 | | enforcement efforts.
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15 | | (b) Notwithstanding any other provision of law, all party |
16 | | states' licensing
boards
shall promptly report adverse |
17 | | actions, actions against multistate licensure
privileges, any
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18 | | current significant investigative information yet to result in |
19 | | adverse action,
denials of
applications, and the reasons for |
20 | | such denials, to the coordinated licensure
information
system.
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21 | | (c) Current significant investigative information shall be |
22 | | transmitted through the
coordinated licensure information |
23 | | system only to party state licensing boards.
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24 | | (d) Notwithstanding any other provision of law, all party |
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1 | | states' licensing boards
contributing information to the |
2 | | coordinated licensure information system may designate
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3 | | information that may not be shared with non-party states or |
4 | | disclosed to other entities or
individuals without the express |
5 | | permission of the contributing state.
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6 | | (e) Any personally identifiable information obtained by a |
7 | | party states'
licensing
board from the coordinated licensure |
8 | | information system may not be shared with
non-party states or |
9 | | disclosed to other entities or individuals except to the
extent |
10 | | permitted by
the laws of the party state contributing the |
11 | | information.
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12 | | (f) Any information contributed to the coordinated |
13 | | licensure information
system
that is subsequently required to |
14 | | be expunged by the laws of the party state
contributing
that |
15 | | information shall also be expunged from the coordinated |
16 | | licensure
information
system.
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17 | | (g) The Compact administrators, acting jointly with each |
18 | | other and in
consultation
with the administrator of the |
19 | | coordinated licensure information system, shall
formulate
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20 | | necessary and proper procedures for the identification, |
21 | | collection, and exchange
of
information under this Compact.
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22 | | PART VIII.
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23 | | Compact Administration and
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24 | | Interchange of Information
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1 | | (a) The head of the nurse licensing board, or his or her |
2 | | designee, of each
party state
shall be the administrator of |
3 | | this Compact for his or her state.
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4 | | (b) The Compact administrator of each party state shall |
5 | | furnish to the
Compact
administrator of each other party state |
6 | | any information and documents
including, but not
limited to, a |
7 | | uniform data set of investigations, identifying information,
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8 | | licensure data,
and disclosable alternative program |
9 | | participation information to facilitate the
administration of |
10 | | this Compact.
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11 | | (c) Compact administrators shall have the authority to |
12 | | develop uniform rules
to
facilitate and coordinate |
13 | | implementation of this Compact. These uniform rules
shall be
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14 | | adopted by party states, under the authority invested under |
15 | | Part VI(d).
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16 | | PART IX.
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17 | | Immunity
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18 | | No party state or the officers or employees or agents of a |
19 | | party state's
nurse
licensing board who acts in accordance with |
20 | | the provisions of this Compact
shall be
liable on account of |
21 | | any act or omission in good faith while engaged in the
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22 | | performance
of their duties under this Compact. Good faith in |
23 | | this article shall not
include willful
misconduct, gross |
24 | | negligence, or recklessness.
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1 | | PART X.
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2 | | Entry into Force, Withdrawal and Amendment
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3 | | (a) This Compact shall enter into force and become |
4 | | effective as to any state
when
it has been enacted into the |
5 | | laws of that state. Any party state may withdraw
from this
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6 | | Compact by enacting a statute repealing the same, but no such |
7 | | withdrawal shall
take
effect until six months after the |
8 | | withdrawing state has given notice of the
withdrawal to
the |
9 | | executive heads of all other party states.
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10 | | (b) No withdrawal shall affect the validity or |
11 | | applicability by the
licensing boards
of states remaining party |
12 | | to the Compact of any report of adverse action
occurring prior
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13 | | to the withdrawal.
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14 | | (c) Nothing contained in this Compact shall be construed to |
15 | | invalidate or
prevent
any nurse licensure agreement or other |
16 | | cooperative arrangement between a party
state
and a non-party |
17 | | state that is made in accordance with the other provisions of
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18 | | this
Compact.
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19 | | (d) This Compact may be amended by the party states. No |
20 | | amendment to this
Compact shall become effective and binding |
21 | | upon the party states unless and
until it is
enacted into the |
22 | | laws of all party states.
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23 | | PART XI.
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1 | | Construction and Severability
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2 | | (a) This Compact shall be liberally construed so as to |
3 | | effectuate the
purposes
thereof. The provisions of this Compact |
4 | | shall be severable and if any phrase,
clause,
sentence, or |
5 | | provision of this Compact is declared to be contrary to the |
6 | | constitution of any
party state or of the United States or the |
7 | | applicability thereof to any government, agency,
person, or |
8 | | circumstance is held invalid, the validity of the remainder of |
9 | | this Compact and
the applicability thereof to any government, |
10 | | agency, person, or circumstance shall not be
affected thereby. |
11 | | If this Compact shall be held contrary to the constitution of |
12 | | any state
party thereto, the Compact shall remain in full force |
13 | | and effect as to the remaining party
states and in full force |
14 | | and effect as to the party state affected as to all severable |
15 | | matters.
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16 | | (b) In the event party states find a need for settling |
17 | | disputes arising
under this
Compact:
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18 | | (1) The party states may submit the issues in dispute |
19 | | to an arbitration
panel which will be comprised of an |
20 | | individual appointed by the Compact
administrator in the |
21 | | home state; an individual appointed by the Compact
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22 | | administrator in the remote state(s) involved; and an |
23 | | individual mutually
agreed
upon by the Compact |
24 | | administrators of all the party states involved in the
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25 | | dispute.
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1 | | (2) The decision of a majority of the arbitrators shall |
2 | | be final and
binding.
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3 | | (225 ILCS 65/80-10 new)
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4 | | (Section scheduled to be repealed on January 1, 2018) |
5 | | Sec. 80-10. Costs of investigation and disposition of |
6 | | cases. To facilitate
cross-state enforcement efforts, the |
7 | | Department shall
have the power to recover from the affected |
8 | | nurse a reasonable fine for the costs of investigations
and
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9 | | disposition of cases resulting from adverse actions taken by |
10 | | this State against
that nurse.
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11 | | (225 ILCS 65/80-15 new)
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12 | | (Section scheduled to be repealed on January 1, 2018) |
13 | | Sec. 80-15. Statutory obligations. This Compact is |
14 | | designed to facilitate
the
regulation of nurses and does not |
15 | | relieve employers from complying with
statutorily
imposed |
16 | | obligations.
|
17 | | (225 ILCS 65/80-20 new)
|
18 | | (Section scheduled to be repealed on January 1, 2018) |
19 | | Sec. 80-20. State labor laws. This Compact does not |
20 | | supersede existing
State
labor laws.
|
21 | | Section 90. The Nurse Practice Act is amended by changing |
22 | | Sections 50-10, 50-15, 55-10, and 60-10 as follows:
|
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| | SB3513 | - 18 - | LRB098 19827 ZMM 55468 b |
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|
1 | | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
|
2 | | (Section scheduled to be repealed on January 1, 2018)
|
3 | | Sec. 50-10. Definitions. Each of the following terms, when |
4 | | used
in this Act, shall have the meaning ascribed to it in this |
5 | | Section, except
where the context clearly indicates otherwise:
|
6 | | "Academic year" means the customary annual schedule of |
7 | | courses at a
college, university, or approved school, |
8 | | customarily regarded as the school
year as distinguished from |
9 | | the calendar year.
|
10 | | "Advanced practice nurse" or "APN" means a person who has |
11 | | met the qualifications for a (i) certified nurse midwife (CNM); |
12 | | (ii) certified nurse practitioner (CNP); (iii) certified |
13 | | registered nurse anesthetist (CRNA); or (iv) clinical nurse |
14 | | specialist (CNS) and has been licensed by the Department. All |
15 | | advanced practice nurses licensed and practicing in the State |
16 | | of Illinois shall use the title APN and may use specialty |
17 | | credentials after their name.
|
18 | | "Approved program of professional nursing education" and |
19 | | "approved
program of practical nursing education" are programs |
20 | | of professional or
practical nursing, respectively, approved |
21 | | by the Department under the
provisions of this Act.
|
22 | | "Board" means the Board of Nursing appointed by the |
23 | | Secretary. |
24 | | "Collaboration" means a process involving 2 or more health |
25 | | care professionals working together, each contributing one's |
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| | SB3513 | - 19 - | LRB098 19827 ZMM 55468 b |
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1 | | respective area of expertise to provide more comprehensive |
2 | | patient care. |
3 | | "Consultation" means the process whereby an advanced |
4 | | practice nurse seeks the advice or opinion of another health |
5 | | care professional. |
6 | | "Credentialed" means the process of assessing and |
7 | | validating the qualifications of a health care professional. |
8 | | "Current nursing practice update course" means a planned |
9 | | nursing education curriculum approved by the Department |
10 | | consisting of activities that have educational objectives, |
11 | | instructional methods, content or subject matter, clinical |
12 | | practice, and evaluation methods, related to basic review and |
13 | | updating content and specifically planned for those nurses |
14 | | previously licensed in the United States or its territories and |
15 | | preparing for reentry into nursing practice. |
16 | | "Dentist" means a person licensed to practice dentistry |
17 | | under the Illinois Dental Practice Act. |
18 | | "Department" means the Department of Financial and |
19 | | Professional Regulation. |
20 | | "Impaired nurse" means a nurse licensed under this Act who |
21 | | is unable to practice with reasonable skill and safety because |
22 | | of a physical or mental disability as evidenced by a written |
23 | | determination or written consent based on clinical evidence, |
24 | | including loss of motor skills, abuse of drugs or alcohol, or a |
25 | | psychiatric disorder, of sufficient degree to diminish his or |
26 | | her ability to deliver competent patient care. |
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1 | | "License" or "licensed" means the permission granted a |
2 | | person to
practice
nursing under this Act, including the |
3 | | privilege to practice.
|
4 | | "Licensee" means a person who has been issued a license to |
5 | | practice
nursing in this State or who holds the privilege to |
6 | | practice nursing in this
State.
|
7 | | "License-pending advanced practice nurse" means a |
8 | | registered professional nurse who has completed all |
9 | | requirements for licensure as an advanced practice nurse except |
10 | | the certification examination and has applied to take the next |
11 | | available certification exam and received a temporary license |
12 | | from the Department. |
13 | | "License-pending registered nurse" means a person who has |
14 | | passed the Department-approved registered nurse licensure exam |
15 | | and has applied for a license from the Department. A |
16 | | license-pending registered nurse shall use the title "RN lic |
17 | | pend" on all documentation related to nursing practice. |
18 | | "Physician" means a person licensed to practice medicine in |
19 | | all its branches under the Medical Practice Act of 1987. |
20 | | "Podiatric physician" means a person licensed to practice |
21 | | podiatry under the Podiatric Medical Practice Act of 1987.
|
22 | | "Practical nurse" or "licensed practical nurse" means a |
23 | | person who is
licensed as a practical nurse under this Act or |
24 | | holds the privilege to
practice under this Act and practices |
25 | | practical
nursing as defined in this Act. Only a practical |
26 | | nurse
licensed or granted the privilege to practice under this |
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|
1 | | Act is entitled to use the title "licensed practical
nurse" and |
2 | | the abbreviation "L.P.N.".
|
3 | | "Practical nursing" means the performance of
nursing acts |
4 | | requiring the basic nursing knowledge, judgment judgement , and |
5 | | skill
acquired by means of completion of an approved practical |
6 | | nursing education
program. Practical nursing includes |
7 | | assisting in the nursing process as
delegated by a registered |
8 | | professional nurse or an advanced practice nurse. The
practical |
9 | | nurse may work under the direction of a licensed physician, |
10 | | dentist, podiatric physician, or other health care |
11 | | professional determined by the Department.
|
12 | | "Privileged" means the authorization granted by the |
13 | | governing body of a healthcare facility, agency, or |
14 | | organization to provide specific patient care services within |
15 | | well-defined limits, based on qualifications reviewed in the |
16 | | credentialing process.
|
17 | | "Privilege to practice" means the authorization to |
18 | | practice as a
practical
nurse or a registered nurse in this |
19 | | State under Article 80 of this Act. |
20 | | "Registered Nurse" or "Registered Professional Nurse" |
21 | | means a person
who is licensed as a professional nurse under |
22 | | this Act or holds the privilege
to practice under this Act and |
23 | | practices
nursing as defined in
this Act. Only a registered
|
24 | | nurse licensed under or granted the privilege to practice this |
25 | | Act is entitled to use the
titles "registered nurse" and |
26 | | "registered professional nurse" and the
abbreviation, "R.N.".
|
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1 | | "Registered professional nursing practice" is a scientific |
2 | | process founded on a professional body of knowledge; it is a |
3 | | learned profession based on the understanding of the human |
4 | | condition across the life span and environment and
includes all
|
5 | | nursing
specialties and means the performance of any nursing |
6 | | act based upon
professional knowledge, judgment, and skills |
7 | | acquired by means of completion
of an approved professional |
8 | | nursing education program. A registered
professional nurse |
9 | | provides holistic nursing care through the nursing process
to |
10 | | individuals, groups, families, or communities, that includes |
11 | | but is not
limited to: (1) the assessment of healthcare needs, |
12 | | nursing diagnosis,
planning, implementation, and nursing |
13 | | evaluation; (2) the promotion,
maintenance, and restoration of |
14 | | health; (3) counseling, patient education,
health education, |
15 | | and patient advocacy; (4) the administration of medications
and |
16 | | treatments as prescribed by a physician licensed to practice |
17 | | medicine in
all of its branches, a licensed dentist, a licensed |
18 | | podiatric physician, or a licensed
optometrist or as prescribed |
19 | | by a physician assistant in accordance with
written guidelines |
20 | | required under the Physician Assistant Practice Act of 1987
or |
21 | | by an advanced practice nurse in accordance with Article 65 of |
22 | | this Act; (5) the
coordination and management of the nursing |
23 | | plan of care; (6) the delegation to
and supervision of |
24 | | individuals who assist the registered professional nurse
|
25 | | implementing the plan of care; and (7) teaching nursing
|
26 | | students. The foregoing shall not be deemed to include
those |
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|
1 | | acts of medical diagnosis or prescription of therapeutic or
|
2 | | corrective measures.
|
3 | | "Professional assistance program for nurses" means a |
4 | | professional
assistance program that meets criteria |
5 | | established by the Board of Nursing
and approved by the |
6 | | Secretary, which provides a non-disciplinary treatment
|
7 | | approach for nurses licensed under this Act whose ability to |
8 | | practice is
compromised by alcohol or chemical substance |
9 | | addiction.
|
10 | | "Secretary" means the Secretary of Financial and |
11 | | Professional Regulation. |
12 | | "Unencumbered license" means a license issued in good |
13 | | standing. |
14 | | "Written collaborative agreement" means a written |
15 | | agreement between an advanced practice nurse and a |
16 | | collaborating physician, dentist, or podiatric physician |
17 | | pursuant to Section 65-35.
|
18 | | (Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
|
19 | | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
|
20 | | (Section scheduled to be repealed on January 1, 2018)
|
21 | | Sec. 50-15. Policy; application of Act. |
22 | | (a) For the protection of life and the
promotion of health, |
23 | | and the prevention of illness and communicable diseases,
any |
24 | | person practicing or offering to practice advanced,
|
25 | | professional, or practical
nursing in Illinois shall submit |
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| | SB3513 | - 24 - | LRB098 19827 ZMM 55468 b |
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|
1 | | evidence that he or she is qualified to
practice, and shall be |
2 | | licensed or hold the privilege to practice as provided under |
3 | | this Act. No person shall
practice or offer to practice |
4 | | advanced, professional, or practical nursing in Illinois or
use |
5 | | any title, sign, card or device to indicate that such a person |
6 | | is
practicing professional or practical nursing unless such |
7 | | person has been
licensed or holds the privilege to practice |
8 | | under the provisions of this Act.
|
9 | | (b) This Act does not prohibit the following:
|
10 | | (1) The practice of nursing in Federal employment in |
11 | | the discharge of the
employee's duties by a person who is |
12 | | employed by the United States
government or any bureau, |
13 | | division or agency thereof and is a legally
qualified and |
14 | | licensed nurse of another state or territory and not in
|
15 | | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of |
16 | | this
Act.
|
17 | | (2) Nursing that is included in the program of study by
|
18 | | students
enrolled in programs of nursing or in current |
19 | | nurse practice update courses
approved by the Department.
|
20 | | (3) The furnishing of nursing assistance in an |
21 | | emergency.
|
22 | | (4) The practice of nursing by a nurse who holds an |
23 | | active license in
another state when providing services to |
24 | | patients in Illinois during a bonafide
emergency or in |
25 | | immediate preparation for or during interstate
transit.
|
26 | | (5) The incidental care of the sick by members of the |
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|
1 | | family, domestic
servants or housekeepers, or care of the |
2 | | sick where treatment is by prayer
or spiritual means.
|
3 | | (6) Persons from being employed as unlicensed |
4 | | assistive personnel in private homes, long term care |
5 | | facilities,
nurseries, hospitals or other institutions.
|
6 | | (7) The practice of practical nursing by one who is a |
7 | | licensed practical
nurse under the laws of another U.S. |
8 | | jurisdiction and has applied in writing
to the Department, |
9 | | in form and substance satisfactory to the Department,
for a |
10 | | license as a licensed practical nurse and who is qualified |
11 | | to receive
such license under this Act, until (i) the |
12 | | expiration of 6 months after
the filing of such written |
13 | | application, (ii) the withdrawal of such application,
or |
14 | | (iii) the denial of such application by the Department.
|
15 | | (8) The practice of advanced practice nursing by one |
16 | | who is an advanced practice nurse under the laws of another |
17 | | state, territory of the United States, or country and has |
18 | | applied in writing to the Department, in form and substance |
19 | | satisfactory to the Department, for a license as an |
20 | | advanced practice nurse and who is qualified to receive |
21 | | such license under this Act, until (i) the expiration of 6 |
22 | | months after the filing of such written application, (ii) |
23 | | the withdrawal of such application, or (iii) the denial of |
24 | | such application by the Department.
|
25 | | (9) The practice of professional nursing by one who is |
26 | | a registered
professional nurse under the laws of another |
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|
1 | | state, territory of the United
States or country and has |
2 | | applied in writing to the Department, in form and
substance |
3 | | satisfactory to the Department, for a license as a |
4 | | registered
professional nurse and who is qualified to |
5 | | receive such license under
Section 55-10, until (1) the |
6 | | expiration of 6 months after the filing of
such written |
7 | | application, (2) the withdrawal of such application, or (3)
|
8 | | the denial of such application by the Department.
|
9 | | (10) The practice of professional nursing that is |
10 | | included in a program of
study by one who is a registered |
11 | | professional nurse under the laws of
another state or |
12 | | territory of the United States or foreign country,
|
13 | | territory or province and who is enrolled in a graduate |
14 | | nursing education
program or a program for the completion |
15 | | of a baccalaureate nursing degree in
this State, which |
16 | | includes clinical supervision by faculty as
determined by |
17 | | the educational institution offering the program and the
|
18 | | health care organization where the practice of nursing |
19 | | occurs.
|
20 | | (11) Any person licensed in this State under any other |
21 | | Act from engaging
in the practice for which she or he is |
22 | | licensed.
|
23 | | (12) Delegation to authorized direct care staff |
24 | | trained under Section 15.4
of the Mental Health and
|
25 | | Developmental Disabilities Administrative Act consistent |
26 | | with the policies of the Department.
|
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1 | | (13) The practice, services, or activities of persons |
2 | | practicing the specified occupations set forth in |
3 | | subsection (a) of, and pursuant to a licensing exemption |
4 | | granted in subsection (b) or (d) of, Section 2105-350 of |
5 | | the Department of Professional Regulation Law of the Civil |
6 | | Administrative Code of Illinois, but only for so long as |
7 | | the 2016 Olympic and Paralympic Games Professional |
8 | | Licensure Exemption Law is operable. |
9 | | (14) County correctional personnel from delivering |
10 | | prepackaged medication for self-administration to an |
11 | | individual detainee in a correctional facility. |
12 | | Nothing in this Act shall be construed to limit the |
13 | | delegation of tasks or duties by a physician, dentist, or |
14 | | podiatric physician to a licensed practical nurse, a registered |
15 | | professional nurse, or other persons.
|
16 | | (Source: P.A. 98-214, eff. 8-9-13.)
|
17 | | (225 ILCS 65/55-10)
(was 225 ILCS 65/10-30)
|
18 | | (Section scheduled to be repealed on January 1, 2018)
|
19 | | Sec. 55-10. Qualifications for LPN licensure.
|
20 | | (a) Each applicant who successfully meets the requirements |
21 | | of this Section
shall be entitled to licensure as a Licensed |
22 | | Practical
Nurse.
|
23 | | (b) An applicant for licensure by examination to practice |
24 | | as a practical nurse must do each of the following:
|
25 | | (1) Submit a completed written application, on forms |
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| | SB3513 | - 28 - | LRB098 19827 ZMM 55468 b |
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|
1 | | provided by the
Department and fees as established by the |
2 | | Department.
|
3 | | (2) Have graduated from a practical nursing education |
4 | | program approved by the Department or have been granted a |
5 | | certificate of completion of pre-licensure requirements |
6 | | 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 shall |
13 | | not 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 rule. |
25 | | An applicant for licensure by examination may take the |
26 | | Department-approved examination in another jurisdiction.
|
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1 | | (b-5) If an applicant for licensure by examination
|
2 | | neglects, fails, or refuses to take an examination or fails
to |
3 | | pass an examination for a license under this Act within 3 years |
4 | | after filing
the application, the application shall be denied. |
5 | | The applicant must enroll in and complete an approved practical |
6 | | nursing education program prior to submitting an additional |
7 | | application for the licensure exam.
|
8 | | An applicant may take and successfully complete a |
9 | | Department-approved
examination in another jurisdiction. |
10 | | However, an applicant who has never been
licensed previously in |
11 | | any jurisdiction that utilizes a Department-approved
|
12 | | examination and who has taken and failed to
pass the |
13 | | examination within 3 years after filing the application must |
14 | | submit
proof of successful completion of a |
15 | | Department-authorized nursing education
program or |
16 | | recompletion of an approved
licensed
practical nursing program |
17 | | prior to re-application.
|
18 | | (c) An applicant for licensure by examination shall have |
19 | | one year from the date of notification of successful
completion |
20 | | of the examination to apply to the Department for a license. If |
21 | | an
applicant fails to apply within one year, the applicant |
22 | | shall be required to
retake and pass the examination unless |
23 | | licensed in another jurisdiction of
the United States.
|
24 | | (d) A licensed practical nurse applicant who passes the |
25 | | Department-approved licensure examination and has applied to |
26 | | the Department for licensure may obtain employment as a |
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| | SB3513 | - 30 - | LRB098 19827 ZMM 55468 b |
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1 | | license-pending practical nurse and practice as delegated by a |
2 | | registered professional nurse or an advanced practice nurse or |
3 | | physician. An individual may be employed as a license-pending |
4 | | practical nurse if all of the following criteria are met: |
5 | | (1) He or she has completed and passed the |
6 | | Department-approved licensure exam and presents to the |
7 | | employer the official written notification indicating |
8 | | successful passage of the licensure examination. |
9 | | (2) He or she has completed and submitted to the |
10 | | Department an application for licensure under this Section |
11 | | as a practical nurse. |
12 | | (3) He or she has submitted the required licensure fee. |
13 | | (4) He or she has met all other requirements |
14 | | established by rule, including having submitted to a |
15 | | criminal history records check. |
16 | | (e) The privilege to practice as a license-pending |
17 | | practical nurse shall terminate with the occurrence of any of |
18 | | the following: |
19 | | (1) Three months have passed since the official date of |
20 | | passing the licensure exam as inscribed on the formal |
21 | | written notification indicating passage of the exam. This |
22 | | 3-month period may be extended as determined by rule. |
23 | | (2) Receipt of the practical nurse license from the |
24 | | Department. |
25 | | (3) Notification from the Department that the |
26 | | application for licensure has been denied. |
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| | SB3513 | - 31 - | LRB098 19827 ZMM 55468 b |
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1 | | (4) A request by the Department that the individual |
2 | | terminate practicing as a license-pending practical nurse |
3 | | until an official decision is made by the Department to |
4 | | grant or deny a practical nurse license.
|
5 | | (f) An applicant for licensure by endorsement who is a |
6 | | licensed practical nurse licensed by examination
under the laws |
7 | | of another state or territory of the United States or a
foreign |
8 | | country, jurisdiction, territory, or province must do each of |
9 | | the following:
|
10 | | (1) Submit a completed written application, on forms |
11 | | supplied by the
Department, and fees as established by the |
12 | | Department.
|
13 | | (2) Have graduated from a practical nursing education |
14 | | program approved by the Department.
|
15 | | (3) Submit verification of licensure status directly |
16 | | from the United
States jurisdiction of licensure, if |
17 | | applicable, as defined by rule.
|
18 | | (4) Submit to the criminal history records check |
19 | | required under Section 50-35 of this Act.
|
20 | | (5) Meet all other requirements as established by the |
21 | | Department by rule.
|
22 | | (g) All applicants for practical nurse licensure by |
23 | | examination or endorsement
who are graduates
of nursing |
24 | | educational programs in a country other than the United States |
25 | | or
its territories shall have their nursing education |
26 | | credentials evaluated by a Department-approved nursing |
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| | SB3513 | - 32 - | LRB098 19827 ZMM 55468 b |
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|
1 | | credentialing evaluation service. No such applicant may be |
2 | | issued a license under this Act unless the applicant's program |
3 | | is deemed by the nursing credentialing evaluation service to be |
4 | | equivalent to a professional nursing education program |
5 | | approved by the Department. An applicant who has graduated from |
6 | | a nursing educational program outside of the United States or |
7 | | its territories and whose first language is not English shall |
8 | | submit certification of passage of the Test of English as a |
9 | | Foreign Language (TOEFL), as defined by rule. The Department |
10 | | may, upon recommendation from the nursing evaluation service, |
11 | | waive the requirement that the applicant pass the TOEFL |
12 | | examination if the applicant submits verification of the |
13 | | successful completion of a nursing education program conducted |
14 | | in English. The requirements of this subsection (d) may be |
15 | | satisfied by the showing of proof of a certificate from the |
16 | | Certificate Program or the VisaScreen Program of the Commission |
17 | | on Graduates of Foreign Nursing Schools.
|
18 | | (h) An applicant licensed in another state or territory who |
19 | | is applying for
licensure and has received her or his education |
20 | | in a country other than the
United States or its territories |
21 | | shall have her or his nursing education credentials evaluated |
22 | | by a Department-approved nursing credentialing evaluation |
23 | | service. No such applicant may be issued a license under this |
24 | | Act unless the applicant's program is deemed by the nursing |
25 | | credentialing evaluation service to be equivalent to a |
26 | | professional nursing education program approved by the |
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| | SB3513 | - 33 - | LRB098 19827 ZMM 55468 b |
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|
1 | | Department. An applicant who has graduated from a nursing |
2 | | educational program outside of the United States or its |
3 | | territories and whose first language is not English shall |
4 | | submit certification of passage of the Test of English as a |
5 | | Foreign Language (TOEFL), as defined by rule. The Department |
6 | | may, upon recommendation from the nursing evaluation service, |
7 | | waive the requirement that the applicant pass the TOEFL |
8 | | examination if the applicant submits verification of the |
9 | | successful completion of a nursing education program conducted |
10 | | in English or the successful passage of an approved licensing |
11 | | examination given in English. The requirements of this |
12 | | subsection (d-5) may be satisfied by the showing of proof of a |
13 | | certificate from the Certificate Program or the VisaScreen |
14 | | Program of the Commission on Graduates of Foreign Nursing |
15 | | Schools.
|
16 | | (i) A licensed practical nurse who holds an
unencumbered |
17 | | license in good
standing in another United States
jurisdiction |
18 | | and who has applied for practical nurse licensure under this |
19 | | Act by endorsement may be issued a temporary license, if |
20 | | satisfactory proof of such licensure in another jurisdiction is |
21 | | presented to the Department. The
Department shall not issue an |
22 | | applicant a temporary practical nurse license until it is |
23 | | satisfied that
the applicant holds an active,
unencumbered |
24 | | license in good standing in another jurisdiction. If the |
25 | | applicant holds more than one current active license or one or |
26 | | more active temporary licenses from another jurisdiction, the |
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| | SB3513 | - 34 - | LRB098 19827 ZMM 55468 b |
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|
1 | | Department may not issue a temporary license until the |
2 | | Department is satisfied that each current active license held |
3 | | by the applicant is unencumbered. The
temporary license, which |
4 | | shall be issued no later than 14 working days
following receipt |
5 | | by the Department of an application for the temporary
license, |
6 | | shall be granted upon the submission of all of the following to |
7 | | the
Department:
|
8 | | (1) A completed application for licensure as a |
9 | | practical nurse.
|
10 | | (2) Proof of a current, active license in at least one |
11 | | other jurisdiction
of the United States and proof that each |
12 | | current active license or temporary license held by the
|
13 | | applicant within the last 5 years is unencumbered.
|
14 | | (3) A signed and completed application for a temporary |
15 | | license.
|
16 | | (4) The required temporary license fee.
|
17 | | (j) The Department may refuse to issue an applicant a |
18 | | temporary
license authorized pursuant to this Section if, |
19 | | within 14 working days
following its receipt of an application |
20 | | for a temporary license, the
Department determines that:
|
21 | | (1) the applicant has been convicted of a crime under |
22 | | the laws of a
jurisdiction of the United States that is: |
23 | | (i) a felony; or (ii) a
misdemeanor directly related to the |
24 | | practice of the profession, within the last
5 years;
|
25 | | (2) the applicant has had a license or permit
related |
26 | | to the practice of practical
nursing revoked, suspended, or |
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1 | | placed on probation
by
another jurisdiction within the last |
2 | | 5 years and at least one of the grounds for revoking, |
3 | | suspending,
or placing on probation is the same or |
4 | | substantially equivalent to grounds in
Illinois; or
|
5 | | (3) the Department intends to deny licensure by |
6 | | endorsement.
|
7 | | (k) The Department may revoke a temporary license issued |
8 | | pursuant to this
Section if it determines any of the following:
|
9 | | (1) That the applicant has been convicted of a crime |
10 | | under
the law of any jurisdiction of the United States that |
11 | | is (i) a felony or
(ii) a misdemeanor directly related to |
12 | | the practice of the profession,
within the last 5 years.
|
13 | | (2) That within the last 5 years the applicant has had |
14 | | a
license or permit related to the practice of nursing |
15 | | revoked, suspended, or
placed on probation by another |
16 | | jurisdiction, and at least one of the grounds for
revoking, |
17 | | suspending, or placing on probation is the same or |
18 | | substantially
equivalent to grounds for disciplinary |
19 | | action under this Act.
|
20 | | (3) That the Department intends to deny licensure by |
21 | | endorsement.
|
22 | | (l) A temporary license shall expire 6 months from the date |
23 | | of issuance.
Further renewal may be granted by the Department |
24 | | in hardship cases, as defined
by rule and upon approval of the |
25 | | Secretary. However, a temporary license shall
automatically |
26 | | expire upon issuance of a valid
license under this Act or upon |
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1 | | notification
that the Department intends to deny licensure, |
2 | | whichever occurs first.
|
3 | | (m) All applicants for practical nurse licensure have 3 |
4 | | years from the date of application to complete the
application |
5 | | process. If the process has not been completed within 3 years |
6 | | from
the date of application, the application shall be denied, |
7 | | the fee forfeited,
and the applicant must reapply and meet the |
8 | | requirements in effect at the time
of reapplication.
|
9 | | (n) A practical nurse licensed by a party state under the |
10 | | Nurse Licensure
Compact under Article 80 of this Act is granted |
11 | | the privilege to practice practical nursing in this State. Any |
12 | | practical nurse exercising the practice privilege afforded |
13 | | under this subsection (n) who provides direct patient care in |
14 | | Illinois shall be registered with the eNotify Nurses Database |
15 | | system which can be assessed at no cost by the Department. The |
16 | | Department may revoke or limit the multistate licensure |
17 | | privilege of any practical nurse to practice in Illinois |
18 | | necessary to protect the health and safety of the public.
|
19 | | (o) A practical nurse licensed by a party state under the |
20 | | Nurse Licensure Compact under Article 80 of this Act shall be |
21 | | denied the privilege to practice by the Department if he or |
22 | | she: (1) has been convicted of a criminal act that requires |
23 | | registration under the Sex Offender Registration Act; (2) has |
24 | | been convicted of a criminal battery against any patient in the |
25 | | course of patient care or treatment, including any offense |
26 | | based on sexual conduct or sexual penetration; (3) has been |
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1 | | convicted of a forcible felony; or (4) is required as a part of |
2 | | a criminal sentence to register under the Sex Offender |
3 | | Registration Act. |
4 | | (p) Each practical nurse licensed by a party state under |
5 | | the Nurse Licensure Compact under Article 80 of this Act that |
6 | | is applying for the privilege to practice in this State shall |
7 | | have his or her fingerprints submitted to the Department of |
8 | | State Police in an electronic format that complies with the |
9 | | form and manner for requesting and furnishing criminal history |
10 | | record information as prescribed by the Department of State |
11 | | Police. These fingerprints shall be checked against the |
12 | | Department of State Police and Federal Bureau of Investigation |
13 | | criminal history record databases now and hereafter filed. The |
14 | | Department of State Police shall charge applicants a fee for |
15 | | conducting the criminal history records check, which shall be |
16 | | deposited into the State Police Services Fund and shall not |
17 | | exceed the actual cost of the records check. The Department of |
18 | | State Police shall furnish, pursuant to positive |
19 | | identification, records of Illinois convictions to the |
20 | | Department. The Department may require applicants to pay a |
21 | | separate fingerprinting fee, either to the Department or to a |
22 | | vendor. The Department, in its discretion, may allow an |
23 | | applicant who does not have reasonable access to a designated |
24 | | vendor to provide his or her fingerprints in an alternative |
25 | | manner. The Department may adopt any rules necessary to |
26 | | implement this Section. A practical nurse applying for the |
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1 | | privilege to practice in this State shall not be subject to the |
2 | | requirements of Section 50-35 of this Act. |
3 | | (Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07; |
4 | | 95-639, eff. 10-5-07.)
|
5 | | (225 ILCS 65/60-10) |
6 | | (Section scheduled to be repealed on January 1, 2018)
|
7 | | Sec. 60-10. Qualifications for RN licensure. |
8 | | (a) Each applicant who successfully meets the requirements |
9 | | of this Section shall be entitled to licensure as a registered |
10 | | professional nurse. |
11 | | (b) An applicant for licensure by examination to practice |
12 | | as a registered professional nurse must do each of the |
13 | | following: |
14 | | (1) Submit a completed written application, on forms |
15 | | provided by the Department, and fees, as established by the |
16 | | Department. |
17 | | (2) Have graduated from a professional nursing |
18 | | education program approved by the Department or have been |
19 | | granted a certificate of completion of pre-licensure |
20 | | requirements from another United States jurisdiction. |
21 | | (3) Successfully complete a licensure examination |
22 | | approved by the Department. |
23 | | (4) Have not violated the provisions of this Act |
24 | | concerning the grounds for disciplinary action. The |
25 | | Department may take into consideration any felony |
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1 | | conviction of the applicant, but such a conviction may not |
2 | | operate as an absolute bar to licensure. |
3 | | (5) Submit to the criminal history records check |
4 | | required under Section 50-35 of this Act. |
5 | | (6) Submit, either to the Department or its designated |
6 | | testing service, a fee covering the cost of providing the |
7 | | examination. Failure to appear for the examination on the |
8 | | scheduled date at the time and place specified after the |
9 | | applicant's application for examination has been received |
10 | | and acknowledged by the Department or the designated |
11 | | testing service shall result in the forfeiture of the |
12 | | examination fee. |
13 | | (7) Meet all other requirements established by the |
14 | | Department by rule.
An applicant for licensure by |
15 | | examination may take the Department-approved examination |
16 | | in another jurisdiction. |
17 | | (b-5) If an applicant for licensure by examination |
18 | | neglects, fails, or refuses to take an examination or fails to |
19 | | pass an examination for a license within 3 years after filing |
20 | | the application, the application shall be denied. The applicant |
21 | | may make a new application accompanied by the required fee, |
22 | | evidence of meeting the requirements in force at the time of |
23 | | the new application, and proof of the successful completion of |
24 | | at least 2 additional years of professional nursing education. |
25 | | (c) An applicant for licensure by examination shall have |
26 | | one year after the date of notification of the successful |
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1 | | completion of the examination to apply to the Department for a |
2 | | license. If an applicant fails to apply within one year, the |
3 | | applicant shall be required to retake and pass the examination |
4 | | unless licensed in another jurisdiction of the United States. |
5 | | (d) An applicant for licensure by examination who passes |
6 | | the Department-approved licensure examination for professional |
7 | | nursing may obtain employment as a license-pending registered |
8 | | nurse and practice under the direction of a registered |
9 | | professional nurse or an advanced practice nurse until such |
10 | | time as he or she receives his or her license to practice or |
11 | | until the license is denied. In no instance shall any such |
12 | | applicant practice or be employed in any management capacity. |
13 | | An individual may be employed as a license-pending registered |
14 | | nurse if all of the following criteria are met: |
15 | | (1) He or she has completed and passed the |
16 | | Department-approved licensure exam and presents to the |
17 | | employer the official written notification indicating |
18 | | successful passage of the licensure examination. |
19 | | (2) He or she has completed and submitted to the |
20 | | Department an application for licensure under this Section |
21 | | as a registered professional nurse. |
22 | | (3) He or she has submitted the required licensure fee. |
23 | | (4) He or she has met all other requirements |
24 | | established by rule, including having submitted to a |
25 | | criminal history records check. |
26 | | (e) The privilege to practice as a license-pending |
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1 | | registered nurse shall terminate with the occurrence of any of |
2 | | the following: |
3 | | (1) Three months have passed since the official date of |
4 | | passing the licensure exam as inscribed on the formal |
5 | | written notification indicating passage of the exam. The |
6 | | 3-month license pending period may be extended if more time |
7 | | is needed by the Department to process the licensure |
8 | | application. |
9 | | (2) Receipt of the registered professional nurse |
10 | | license from the Department. |
11 | | (3) Notification from the Department that the |
12 | | application for licensure has been refused. |
13 | | (4) A request by the Department that the individual |
14 | | terminate practicing as a license-pending registered nurse |
15 | | until an official decision is made by the Department to |
16 | | grant or deny a registered professional nurse license. |
17 | | (f) An applicant for registered professional nurse |
18 | | licensure by endorsement who is a registered professional nurse |
19 | | licensed by examination under the laws of another state or |
20 | | territory of the United States must do each of the following: |
21 | | (1) Submit a completed written application, on forms |
22 | | supplied by the Department, and fees as established by the |
23 | | Department. |
24 | | (2) Have graduated from a registered professional |
25 | | nursing education program approved by the Department. |
26 | | (3) Submit verification of licensure status directly |
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1 | | from the United States jurisdiction of licensure, if |
2 | | applicable, as defined by rule. |
3 | | (4) Submit to the criminal history records check |
4 | | required under Section 50-35 of this Act. |
5 | | (5) Meet all other requirements as established by the |
6 | | Department by rule. |
7 | | (g) Pending the issuance of a license under this Section, |
8 | | the Department may grant an applicant a temporary license to |
9 | | practice nursing as a registered professional nurse if the |
10 | | Department is satisfied that the applicant holds an active, |
11 | | unencumbered license in good standing in another U.S. |
12 | | jurisdiction. If the applicant holds more than one current |
13 | | active license or one or more active temporary licenses from |
14 | | another jurisdiction, the Department may not issue a temporary |
15 | | license until the Department is satisfied that each current |
16 | | active license held by the applicant is unencumbered. The |
17 | | temporary license, which shall be issued no later than 14 |
18 | | working days after receipt by the Department of an application |
19 | | for the temporary license, shall be granted upon the submission |
20 | | of all of the following to the Department: |
21 | | (1) A completed application for licensure as a |
22 | | registered professional nurse. |
23 | | (2) Proof of a current, active license in at least one |
24 | | other jurisdiction of the United States and proof that each |
25 | | current active license or temporary license held by the |
26 | | applicant within the last 5 years is unencumbered. |
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1 | | (3) A completed application for a temporary license. |
2 | | (4) The required temporary license fee. |
3 | | (h) The Department may refuse to issue an applicant a |
4 | | temporary license authorized pursuant to this Section if, |
5 | | within 14 working days after its receipt of an application for |
6 | | a temporary license, the Department determines that: |
7 | | (1) the applicant has been convicted of a crime under |
8 | | the laws of a jurisdiction of the United States that is (i) |
9 | | a felony or (ii) a misdemeanor directly related to the |
10 | | practice of the profession, within the last 5 years; |
11 | | (2) the applicant has had a license or permit related |
12 | | to the practice of nursing revoked, suspended, or placed on |
13 | | probation by another jurisdiction within the last 5 years, |
14 | | if at least one of the grounds for revoking, suspending, or |
15 | | placing on probation is the same or substantially |
16 | | equivalent to grounds for disciplinary action under this |
17 | | Act; or
|
18 | | (3) the Department intends to deny licensure by |
19 | | endorsement. |
20 | | (i) The Department may revoke a temporary license issued |
21 | | pursuant to this Section if it determines any of the following: |
22 | | (1) That the applicant has been convicted of a crime |
23 | | under the laws of any jurisdiction of the United States |
24 | | that is (i) a felony or (ii) a misdemeanor directly related |
25 | | to the practice of the profession, within the last 5 years. |
26 | | (2) That within the last 5 years, the applicant has had |
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1 | | a license or permit related to the practice of nursing |
2 | | revoked, suspended, or placed on probation by another |
3 | | jurisdiction, if at least one of the grounds for revoking, |
4 | | suspending, or placing on probation is the same or |
5 | | substantially equivalent to grounds for disciplinary |
6 | | action under this Act. |
7 | | (3) That it intends to deny licensure by endorsement. |
8 | | (j) A temporary license issued under this Section shall |
9 | | expire 6 months after the date of issuance. Further renewal may |
10 | | be granted by the Department in hardship cases, as defined by |
11 | | rule and upon approval of the Secretary. However, a temporary |
12 | | license shall automatically expire upon issuance of the |
13 | | Illinois license or upon notification that the Department |
14 | | intends to deny licensure, whichever occurs first. |
15 | | (k) All applicants for registered professional nurse |
16 | | licensure have 3 years after the date of application to |
17 | | complete the application process. If the process has not been |
18 | | completed within 3 years after the date of application, the |
19 | | application shall be denied, the fee forfeited, and the |
20 | | applicant must reapply and meet the requirements in effect at |
21 | | the time of reapplication. |
22 | | (l) All applicants for registered nurse licensure by |
23 | | examination or endorsement who are graduates of practical |
24 | | nursing educational programs in a country other than the United |
25 | | States and its territories shall have their nursing education |
26 | | credentials evaluated by a Department-approved nursing |
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1 | | credentialing evaluation service. No such applicant may be |
2 | | issued a license under this Act unless the applicant's program |
3 | | is deemed by the nursing credentialing evaluation service to be |
4 | | equivalent to a professional nursing education program |
5 | | approved by the Department. An applicant who has graduated from |
6 | | a nursing educational program outside of the United States or |
7 | | its territories and whose first language is not English shall |
8 | | submit certification of passage of the Test of English as a |
9 | | Foreign Language (TOEFL), as defined by rule. The Department |
10 | | may, upon recommendation from the nursing evaluation service, |
11 | | waive the requirement that the applicant pass the TOEFL |
12 | | examination if the applicant submits verification of the |
13 | | successful completion of a nursing education program conducted |
14 | | in English. The requirements of this subsection (l) may be |
15 | | satisfied by the showing of proof of a certificate from the |
16 | | Certificate Program or the VisaScreen Program of the Commission |
17 | | on Graduates of Foreign Nursing Schools. |
18 | | (m) An applicant licensed in another state or territory who |
19 | | is applying for licensure and has received her or his education |
20 | | in a country other than the United States or its territories |
21 | | shall have her or his nursing education credentials evaluated |
22 | | by a Department-approved nursing credentialing evaluation |
23 | | service. No such applicant may be issued a license under this |
24 | | Act unless the applicant's program is deemed by the nursing |
25 | | credentialing evaluation service to be equivalent to a |
26 | | professional nursing education program approved by the |
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| | SB3513 | - 46 - | LRB098 19827 ZMM 55468 b |
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1 | | Department. An applicant who has graduated from a nursing |
2 | | educational program outside of the United States or its |
3 | | territories and whose first language is not English shall |
4 | | submit certification of passage of the Test of English as a |
5 | | Foreign Language (TOEFL), as defined by rule. The Department |
6 | | may, upon recommendation from the nursing evaluation service, |
7 | | waive the requirement that the applicant pass the TOEFL |
8 | | examination if the applicant submits verification of the |
9 | | successful completion of a nursing education program conducted |
10 | | in English or the successful passage of an approved licensing |
11 | | examination given in English. The requirements of this |
12 | | subsection (m) may be satisfied by the showing of proof of a |
13 | | certificate from the Certificate Program or the VisaScreen |
14 | | Program of the Commission on Graduates of Foreign Nursing |
15 | | Schools.
|
16 | | (n) A registered nurse licensed by a party state under the |
17 | | Nurse Licensure Compact under Article 80 of this Act is granted |
18 | | the privilege to practice registered nursing in this State. Any |
19 | | registered nurse exercising the practice privilege afforded |
20 | | under this subsection (n) who provides direct patient care in |
21 | | Illinois shall be registered with the eNotify Nurses Database |
22 | | system which can be assessed at no cost by the Department. The |
23 | | Department may revoke or limit the multistate licensure |
24 | | privilege of any registered nurse to practice in Illinois |
25 | | necessary to protect the health and safety of the public. |
26 | | (o) A registered nurse licensed by a party state under the |
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1 | | Nurse Licensure Compact under Article 80 of this Act shall be |
2 | | denied the privilege to practice by the Department if he or |
3 | | she: (1) has been convicted of a criminal act that requires |
4 | | registration under the Sex Offender Registration Act; (2) has |
5 | | been convicted of a criminal battery against any patient in the |
6 | | course of patient care or treatment, including any offense |
7 | | based on sexual conduct or sexual penetration; (3) has been |
8 | | convicted of a forcible felony; or (4) is required as a part of |
9 | | a criminal sentence to register under the Sex Offender |
10 | | Registration Act. |
11 | | (p) Each registered nurse licensed by a party state under |
12 | | the Nurse Licensure Compact under Article 80 of this Act that |
13 | | is applying for the privilege to practice in this State shall |
14 | | have his or her fingerprints submitted to the Department of |
15 | | State Police in an electronic format that complies with the |
16 | | form and manner for requesting and furnishing criminal history |
17 | | record information as prescribed by the Department of State |
18 | | Police. These fingerprints shall be checked against the |
19 | | Department of State Police and Federal Bureau of Investigation |
20 | | criminal history record databases now and hereafter filed. The |
21 | | Department of State Police shall charge applicants a fee for |
22 | | conducting the criminal history records check, which shall be |
23 | | deposited into the State Police Services Fund and shall not |
24 | | exceed the actual cost of the records check. The Department of |
25 | | State Police shall furnish, pursuant to positive |
26 | | identification, records of Illinois convictions to the |
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| | SB3513 | - 48 - | LRB098 19827 ZMM 55468 b |
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|
1 | | Department. The Department may require applicants to pay a |
2 | | separate fingerprinting fee, either to the Department or to a |
3 | | vendor. The Department, in its discretion, may allow an |
4 | | applicant who does not have reasonable access to a designated |
5 | | vendor to provide his or her fingerprints in an alternative |
6 | | manner. The Department may adopt any rules necessary to |
7 | | implement this Section. A registered nurse applying for the |
8 | | privilege to practice in this State shall not be subject to the |
9 | | requirements of Section 50-35 of this Act. |
10 | | (Source: P.A. 95-639, eff. 10-5-07.)
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| | | SB3513 | - 49 - | LRB098 19827 ZMM 55468 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
|
|