Rep. Eva-Dina Delgado

Filed: 3/27/2024

10300HB5155ham001LRB103 37838 RTM 71400 a
1
AMENDMENT TO HOUSE BILL 5155
2 AMENDMENT NO. ______. Amend House Bill 5155 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Nurse Practice Act is amended by changing
5Sections 60-5 and 60-10 and by adding Section 60-7 as follows:
6 (225 ILCS 65/60-5)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 60-5. RN education program requirements; out-of-State
9programs.
10 (a) All registered professional nurse education programs
11must be reviewed by the Board and approved by the Department
12before the successful completion of such a program may be
13applied toward meeting the requirements for registered
14professional nurse licensure under this Act. Any program
15changing the level of educational preparation or the
16relationship with or to the parent institution or establishing

10300HB5155ham001- 2 -LRB103 37838 RTM 71400 a
1an extension of an existing program must request a review by
2the Board and approval by the Department. The Board shall
3review and make a recommendation for the approval or
4disapproval of a program by the Department based on the
5following criteria:
6 (1) a feasibility study that describes the need for
7 the program and the facilities used, the potential of the
8 program to recruit faculty and students, financial support
9 for the program, and other criteria, as established by
10 rule;
11 (2) program curriculum that meets all State
12 requirements;
13 (2.5) whether the program satisfies one of the
14 criteria for program effectiveness set forth in subsection
15 (a) of Section 60-7 measurement of program effectiveness
16 based on a passage rate of all graduates over the 3 most
17 recent calendar years without reference to first-time test
18 takers;
19 (3) the administration of the program by a Nurse
20 Administrator and the involvement of a Nurse Administrator
21 in the development of the program;
22 (4) the occurrence of a site visit prior to approval;
23 and
24 (5) beginning December 31, 2022, obtaining and
25 maintaining programmatic accreditation by a national
26 accrediting body for nursing education recognized by the

10300HB5155ham001- 3 -LRB103 37838 RTM 71400 a
1 United States Department of Education and approved by the
2 Department.
3 The Department and Board of Nursing shall be notified
4within 30 days if the program loses its accreditation. The
5Department may adopt rules regarding a warning process and
6reaccreditation.
7 (b) In order to obtain initial Department approval and to
8maintain Department approval, a registered professional
9nursing program must meet all of the following requirements:
10 (1) The institution responsible for conducting the
11 program and the Nurse Administrator must ensure that
12 individual faculty members are academically and
13 professionally competent.
14 (2) The program curriculum must contain all applicable
15 requirements established by rule, including both theory
16 and clinical components.
17 (3) The passage rates of the program's graduating
18 classes on the State-approved licensure exam must meet one
19 of the measurements of program effectiveness set forth in
20 subsection (a) of Section 60-7 be deemed satisfactory by
21 the Department.
22 On and after the effective date of this amendatory Act of
23the 103rd General Assembly, a registered professional nurse
24education program meeting one of the measurements of program
25effectiveness referenced in subsection (a) of Section 60-7 of
26this Act, as submitted to the Board each February 15 shall be

10300HB5155ham001- 4 -LRB103 37838 RTM 71400 a
1deemed to be in good standing.
2 (c) Program site visits to an institution conducting or
3hosting a professional nursing program may be made at the
4discretion of the Nursing Coordinator or upon recommendation
5of the Board. Full routine site visits may be conducted by the
6Department for periodic evaluation. Such visits shall be used
7to determine compliance with this Act. Full routine site
8visits must be announced and may be waived at the discretion of
9the Department if the program maintains accreditation with an
10accrediting body recognized by the United States Department of
11Education and approved by the Department.
12 (d) Any institution conducting a registered professional
13nursing program that wishes to discontinue the program must do
14each of the following:
15 (1) Notify the Department, in writing, of its intent
16 to discontinue the program.
17 (2) Continue to meet the requirements of this Act and
18 the rules adopted thereunder until the official date of
19 termination of the program.
20 (3) Notify the Department of the date on which the
21 last student shall graduate from the program and the
22 program shall terminate.
23 (4) Assist remaining students in the continuation of
24 their education in the event of program termination prior
25 to the graduation of the program's final student.
26 (5) Upon the closure of the program, notify the

10300HB5155ham001- 5 -LRB103 37838 RTM 71400 a
1 Department, in writing, of the location of student and
2 graduate records' storage.
3 (e) Out-of-State registered professional nursing education
4programs planning to offer clinical practice experiences in
5this State must meet the requirements set forth in this
6Section and must meet the clinical and faculty requirements
7for institutions outside of this State, as established by
8rule. The institution responsible for conducting an
9out-of-State registered professional nursing education program
10and the administrator of the program shall be responsible for
11ensuring that the individual faculty and preceptors overseeing
12the clinical experience are academically and professionally
13competent.
14(Source: P.A. 103-533, eff. 1-1-24.)
15 (225 ILCS 65/60-7 new)
16 Sec. 60-7. Registered professional nurse education program
17effectiveness.
18 (a) The measurement of a registered professional nurse
19education program's effectiveness is determined by whether the
20program's:
21 (1) most recent annual pass rate on a State-approved
22 licensure examination is 75% or greater for all first-time
23 test-takers; or
24 (2) average pass rate on a State-approved licensure
25 examination for the 3 most recent years is 75% or greater

10300HB5155ham001- 6 -LRB103 37838 RTM 71400 a
1 for all first-time test-takers.
2 (b) Outliers may be removed when calculating
3State-approved licensure examination pass rates. A registered
4professional nurse education program shall be responsible for
5tracking outliers. If a professional nurse education program
6elects to remove outliers when calculating State-approved
7licensure examination pass rates, then the professional nurse
8education program must provide the Department with a roster of
9removed outliers and the documentation necessary to confirm
10each outlier's status as an outlier.
11 In this subsection, "outlier" means a graduate of a
12professional nurse education program who does not take a
13State-approved licensure examination within 180 days of
14graduating a professional nurse education program.
15 (c) A registered professional nurse education program is
16responsible for calculating the passage rate of the program's
17graduates. The registered professional nurse education program
18must submit a calculation of the passage rate of the program's
19graduates and supporting documentation, which includes an
20attestation of how the program arrived at its passage rate, to
21the Board and the Department on February 15 of each year.
22 (225 ILCS 65/60-10)
23 (Section scheduled to be repealed on January 1, 2028)
24 Sec. 60-10. RN licensure by examination.
25 (a) Each applicant who successfully meets the requirements

10300HB5155ham001- 7 -LRB103 37838 RTM 71400 a
1of this Section is eligible for licensure as a registered
2professional nurse.
3 (b) An applicant for licensure by examination to practice
4as a registered professional nurse is eligible for licensure
5when the following requirements are met:
6 (1) the applicant has submitted a completed written
7 application, on forms provided by the Department, and
8 fees, as established by the Department;
9 (2) the applicant has graduated from a professional
10 nursing education program approved by the Department or
11 has been granted a certificate of completion of
12 pre-licensure requirements from another United States
13 jurisdiction;
14 (3) the applicant has successfully completed a
15 licensure examination approved by the Department;
16 (4) (blank);
17 (5) the applicant has submitted to the criminal
18 history records check required under Section 50-35 of this
19 Act;
20 (6) the applicant has submitted, either to the
21 Department or its designated testing service, a fee
22 covering the cost of providing the examination; failure to
23 appear for the examination on the scheduled date at the
24 time and place specified after the applicant's application
25 for examination has been received and acknowledged by the
26 Department or the designated testing service shall result

10300HB5155ham001- 8 -LRB103 37838 RTM 71400 a
1 in the forfeiture of the examination fee; and
2 (7) the applicant has met all other requirements
3 established by the Department by rule.
4 An applicant for licensure by examination may take the
5Department-approved examination in another jurisdiction.
6 (b-3) An applicant who graduates from a professional
7nursing program in this State on or after January 1, 2024 (the
8effective date of Public Act 103-533) this amendatory Act of
9the 103rd General Assembly and does not take the licensure
10examination within 180 days after his or her degree is
11conferred by the institution of higher education or fails the
12licensure examination for a second time shall be required to
13demonstrate proof of completion of a National Council
14Licensure Examination preparatory class or a comparable test
15preparatory program before taking a subsequent licensure
16examination or the graduate may return to the institution of
17higher education from which he or she graduated which shall
18provide remedial educational resources to the graduate at no
19cost to the graduate. Such an applicant must contact the
20institution of higher education from which he or she graduated
21prior to retesting.
22 (b-4) (Blank)
. All professional nursing programs in
23probationary status on the effective date of this amendatory
24Act of the 103rd General Assembly and subject to a program
25revision plan shall be deemed in good standing for a period of
263 years beginning on the effective date of this amendatory Act

10300HB5155ham001- 9 -LRB103 37838 RTM 71400 a
1of the 103rd General Assembly. Prior to September 1, 2026, no
2professional nursing program shall be placed on probationary
3status for failing to reach a passage rate of less than 75%.
4 (b-5) If an applicant for licensure by examination
5neglects, fails, or refuses to take an examination or fails to
6pass an examination for a license within 3 years of the date of
7initial application, the application shall be denied. When an
8applicant's application is denied due to the failure to pass
9the examination within the 3-year period, that applicant must
10undertake an additional course of education as defined by rule
11prior to submitting a new application for licensure. Any new
12application must be accompanied by the required fee, evidence
13of meeting the requirements in force at the time of the new
14application, and evidence of completion of the additional
15course of education prescribed by rule.
16 (c) An applicant for licensure by examination shall have
17one year after the date of notification of the successful
18completion of the examination to apply to the Department for a
19license. If an applicant fails to apply within one year, the
20applicant shall be required to retake and pass the examination
21unless licensed in another jurisdiction of the United States.
22 (d) An applicant for licensure by examination who passes
23the Department-approved licensure examination for professional
24nursing may obtain employment as a license-pending registered
25nurse and practice under the direction of a registered
26professional nurse or an advanced practice registered nurse

10300HB5155ham001- 10 -LRB103 37838 RTM 71400 a
1until such time as he or she receives his or her license to
2practice or until the license is denied. In no instance shall
3any such applicant practice or be employed in any management
4capacity. An individual may be employed as a license-pending
5registered nurse if all of the following criteria are met:
6 (1) He or she has completed and passed the
7 Department-approved licensure exam and presents to the
8 employer the official written notification indicating
9 successful passage of the licensure examination.
10 (2) He or she has completed and submitted to the
11 Department an application for licensure under this Section
12 as a registered professional nurse.
13 (3) He or she has submitted the required licensure
14 fee.
15 (4) He or she has met all other requirements
16 established by rule, including having submitted to a
17 criminal history records check.
18 (e) The privilege to practice as a license-pending
19registered nurse shall terminate with the occurrence of any of
20the following:
21 (1) Three months have passed since the official date
22 of passing the licensure exam as inscribed on the formal
23 written notification indicating passage of the exam. The
24 3-month license pending period may be extended if more
25 time is needed by the Department to process the licensure
26 application.

10300HB5155ham001- 11 -LRB103 37838 RTM 71400 a
1 (2) Receipt of the registered professional nurse
2 license from the Department.
3 (3) Notification from the Department that the
4 application for licensure has been refused.
5 (4) A request by the Department that the individual
6 terminate practicing as a license-pending registered nurse
7 until an official decision is made by the Department to
8 grant or deny a registered professional nurse license.
9 (f) (Blank).
10 (g) (Blank).
11 (h) (Blank).
12 (i) (Blank).
13 (j) (Blank).
14 (k) All applicants for registered professional nurse
15licensure have 3 years after the date of application to
16complete the application process. If the process has not been
17completed within 3 years after the date of application, the
18application shall be denied, the fee forfeited, and the
19applicant must reapply and meet the requirements in effect at
20the time of reapplication.
21 (l) All applicants for registered nurse licensure by
22examination who are graduates of practical nursing educational
23programs in a country other than the United States and its
24territories shall have their nursing education credentials
25evaluated by a Department-approved nursing credentialing
26evaluation service. No such applicant may be issued a license

10300HB5155ham001- 12 -LRB103 37838 RTM 71400 a