Bill Amendment: IL HB5155 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NURSING PROGRAM EFFECTIVENESS

Status: 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5155 Detail]

Download: Illinois-2023-HB5155-House_Amendment_001.html

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Rep. Eva-Dina Delgado

Filed: 3/27/2024

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AMENDMENT TO HOUSE BILL 5155
AMENDMENT NO. ______. Amend House Bill 5155 by replacing
everything after the enacting clause with the following:
"Section 5. The Nurse Practice Act is amended by changing
Sections 60-5 and 60-10 and by adding Section 60-7 as follows:
(225 ILCS 65/60-5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60-5. RN education program requirements; out-of-State
programs.
(a) All registered professional nurse education programs
must be reviewed by the Board and approved by the Department
before the successful completion of such a program may be
applied toward meeting the requirements for registered
professional nurse licensure under this Act. Any program
changing the level of educational preparation or the
relationship with or to the parent institution or establishing

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an extension of an existing program must request a review by
the Board and approval by the Department. The Board shall
review and make a recommendation for the approval or
disapproval of a program by the Department based on the
following criteria:
(1) a feasibility study that describes the need for
the program and the facilities used, the potential of the
program to recruit faculty and students, financial support
for the program, and other criteria, as established by
rule;
(2) program curriculum that meets all State
requirements;
(2.5) whether the program satisfies one of the
criteria for program effectiveness set forth in subsection
(a) of Section 60-7 measurement of program effectiveness
based on a passage rate of all graduates over the 3 most
recent calendar years without reference to first-time test
takers;
(3) the administration of the program by a Nurse
Administrator and the involvement of a Nurse Administrator
in the development of the program;
(4) the occurrence of a site visit prior to approval;
and
(5) beginning December 31, 2022, obtaining and
maintaining programmatic accreditation by a national
accrediting body for nursing education recognized by the

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United States Department of Education and approved by the
Department.
The Department and Board of Nursing shall be notified
within 30 days if the program loses its accreditation. The
Department may adopt rules regarding a warning process and
reaccreditation.
(b) In order to obtain initial Department approval and to
maintain Department approval, a registered professional
nursing program must meet all of the following requirements:
(1) The institution responsible for conducting the
program and the Nurse Administrator must ensure that
individual faculty members are academically and
professionally competent.
(2) The program curriculum must contain all applicable
requirements established by rule, including both theory
and clinical components.
(3) The passage rates of the program's graduating
classes on the State-approved licensure exam must meet one
of the measurements of program effectiveness set forth in
subsection (a) of Section 60-7 be deemed satisfactory by
the Department.
On and after the effective date of this amendatory Act of
the 103rd General Assembly, a registered professional nurse
education program meeting one of the measurements of program
effectiveness referenced in subsection (a) of Section 60-7 of
this Act, as submitted to the Board each February 15 shall be

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deemed to be in good standing.
(c) Program site visits to an institution conducting or
hosting a professional nursing program may be made at the
discretion of the Nursing Coordinator or upon recommendation
of the Board. Full routine site visits may be conducted by the
Department for periodic evaluation. Such visits shall be used
to determine compliance with this Act. Full routine site
visits must be announced and may be waived at the discretion of
the Department if the program maintains accreditation with an
accrediting body recognized by the United States Department of
Education and approved by the Department.
(d) Any institution conducting a registered professional
nursing program that wishes to discontinue the program must do
each of the following:
(1) Notify the Department, in writing, of its intent
to discontinue the program.
(2) Continue to meet the requirements of this Act and
the rules adopted thereunder until the official date of
termination of the program.
(3) Notify the Department of the date on which the
last student shall graduate from the program and the
program shall terminate.
(4) Assist remaining students in the continuation of
their education in the event of program termination prior
to the graduation of the program's final student.
(5) Upon the closure of the program, notify the

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Department, in writing, of the location of student and
graduate records' storage.
(e) Out-of-State registered professional nursing education
programs planning to offer clinical practice experiences in
this State must meet the requirements set forth in this
Section and must meet the clinical and faculty requirements
for institutions outside of this State, as established by
rule. The institution responsible for conducting an
out-of-State registered professional nursing education program
and the administrator of the program shall be responsible for
ensuring that the individual faculty and preceptors overseeing
the clinical experience are academically and professionally
competent.
(Source: P.A. 103-533, eff. 1-1-24.)
(225 ILCS 65/60-7 new)
Sec. 60-7. Registered professional nurse education program
effectiveness.
(a) The measurement of a registered professional nurse
education program's effectiveness is determined by whether the
program's:
(1) most recent annual pass rate on a State-approved
licensure examination is 75% or greater for all first-time
test-takers; or
(2) average pass rate on a State-approved licensure
examination for the 3 most recent years is 75% or greater

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for all first-time test-takers.
(b) Outliers may be removed when calculating
State-approved licensure examination pass rates. A registered
professional nurse education program shall be responsible for
tracking outliers. If a professional nurse education program
elects to remove outliers when calculating State-approved
licensure examination pass rates, then the professional nurse
education program must provide the Department with a roster of
removed outliers and the documentation necessary to confirm
each outlier's status as an outlier.
In this subsection, "outlier" means a graduate of a
professional nurse education program who does not take a
State-approved licensure examination within 180 days of
graduating a professional nurse education program.
(c) A registered professional nurse education program is
responsible for calculating the passage rate of the program's
graduates. The registered professional nurse education program
must submit a calculation of the passage rate of the program's
graduates and supporting documentation, which includes an
attestation of how the program arrived at its passage rate, to
the Board and the Department on February 15 of each year.
(225 ILCS 65/60-10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60-10. RN licensure by examination.
(a) Each applicant who successfully meets the requirements

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of this Section is eligible for licensure as a registered
professional nurse.
(b) An applicant for licensure by examination to practice
as a registered professional nurse is eligible for licensure
when the following requirements are met:
(1) the applicant has submitted a completed written
application, on forms provided by the Department, and
fees, as established by the Department;
(2) the applicant has graduated from a professional
nursing education program approved by the Department or
has been granted a certificate of completion of
pre-licensure requirements from another United States
jurisdiction;
(3) the applicant has successfully completed a
licensure examination approved by the Department;
(4) (blank);
(5) the applicant has submitted to the criminal
history records check required under Section 50-35 of this
Act;
(6) the applicant has submitted, 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

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in the forfeiture of the examination fee; and
(7) the applicant has met all other requirements
established by the Department by rule.
An applicant for licensure by examination may take the
Department-approved examination in another jurisdiction.
(b-3) An applicant who graduates from a professional
nursing program in this State on or after January 1, 2024 (the
effective date of Public Act 103-533) this amendatory Act of
the 103rd General Assembly and does not take the licensure
examination within 180 days after his or her degree is
conferred by the institution of higher education or fails the
licensure examination for a second time shall be required to
demonstrate proof of completion of a National Council
Licensure Examination preparatory class or a comparable test
preparatory program before taking a subsequent licensure
examination or the graduate may return to the institution of
higher education from which he or she graduated which shall
provide remedial educational resources to the graduate at no
cost to the graduate. Such an applicant must contact the
institution of higher education from which he or she graduated
prior to retesting.
(b-4) (Blank)
. All professional nursing programs in
probationary status on the effective date of this amendatory
Act of the 103rd General Assembly and subject to a program
revision plan shall be deemed in good standing for a period of
3 years beginning on the effective date of this amendatory Act

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of the 103rd General Assembly. Prior to September 1, 2026, no
professional nursing program shall be placed on probationary
status for failing to reach a passage rate of less than 75%.
(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 of the date of
initial application, the application shall be denied. When an
applicant's application is denied due to the failure to pass
the examination within the 3-year period, that applicant must
undertake an additional course of education as defined by rule
prior to submitting a new application for licensure. Any new
application must be accompanied by the required fee, evidence
of meeting the requirements in force at the time of the new
application, and evidence of completion of the additional
course of education prescribed by rule.
(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 registered nurse

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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
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.

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(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.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) All applicants for registered professional nurse
licensure have 3 years after the date of application to
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 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

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