|
| Public Act 103-0686
|
| HB5047 Enrolled | LRB103 37251 RTM 67371 b |
|
|
|
AN ACT concerning regulation.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Nurse Practice Act is amended by changing |
Sections 50-10, 55-10, 60-10, and 65-10 as follows:
|
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 50-10. Definitions. Each of the following terms, when |
used in this Act, shall have the meaning ascribed to it in this |
Section, except where the context clearly indicates otherwise: |
"Academic year" means the customary annual schedule of |
courses at a college, university, or approved school, |
customarily regarded as the school year as distinguished from |
the calendar year. |
"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file as maintained by the Department's |
licensure maintenance unit. |
"Advanced practice registered nurse" or "APRN" means a |
person who has met the qualifications for a (i) certified |
nurse midwife (CNM); (ii) certified nurse practitioner (CNP); |
(iii) certified registered nurse anesthetist (CRNA); or (iv) |
clinical nurse specialist (CNS) and has been licensed by the |
|
Department. All advanced practice registered nurses licensed |
and practicing in the State of Illinois shall use the title |
APRN and may use specialty credentials CNM, CNP, CRNA, or CNS |
after their name. All advanced practice registered nurses may |
only practice in accordance with national certification and |
this Act. |
"Advisory Board" means the Illinois Nursing Workforce |
Center Advisory Board. |
"Approved program of professional nursing education" and |
"approved program of practical nursing education" are programs |
of professional or practical nursing, respectively, approved |
by the Department under the provisions of this Act. |
"Board" means the Board of Nursing appointed by the |
Secretary. |
"Center" means the Illinois Nursing Workforce Center. |
"Collaboration" means a process involving 2 or more health |
care professionals working together, each contributing one's |
respective area of expertise to provide more comprehensive |
patient care. |
"Competence" means an expected and measurable level of |
performance that integrates knowledge, skills, abilities, and |
judgment based on established scientific knowledge and |
expectations for nursing practice. |
"Comprehensive nursing assessment" means the gathering of |
information about the patient's physiological, psychological, |
sociological, and spiritual status on an ongoing basis by a |
|
registered professional nurse and is the first step in |
implementing and guiding the nursing plan of care. |
"Consultation" means the process whereby an advanced |
practice registered nurse seeks the advice or opinion of |
another health care professional. |
"Credentialed" means the process of assessing and |
validating the qualifications of a health care professional. |
"Dentist" means a person licensed to practice dentistry |
under the Illinois Dental Practice Act. |
"Department" means the Department of Financial and |
Professional Regulation. |
"Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file, as maintained |
by the Department's licensure maintenance unit. |
"Focused nursing assessment" means an appraisal of an |
individual's status and current situation, contributing to the |
comprehensive nursing assessment performed by the registered |
professional nurse or advanced practice registered nurse or |
the assessment by the physician assistant, physician, dentist, |
podiatric physician, or other licensed health care |
professional, as determined by the Department, supporting |
ongoing data collection, and deciding who needs to be informed |
of the information and when to inform. |
"Full practice authority" means the authority of an |
advanced practice registered nurse licensed in Illinois and |
|
certified as a nurse practitioner, clinical nurse specialist, |
or nurse midwife to practice without a written collaborative |
agreement and: |
(1) to be fully accountable to patients for the |
quality of advanced nursing care rendered; |
(2) to be fully accountable for recognizing limits of |
knowledge and experience and for planning for the |
management of situations beyond the advanced practice |
registered nurse's expertise; the full practice authority |
for advanced practice registered nurses includes accepting |
referrals from, consulting with, collaborating with, or |
referring to other health care professionals as warranted |
by the needs of the patient; and |
(3) to possess the authority to prescribe medications, |
including Schedule II through V controlled substances, as |
provided in Section 65-43. |
"Full practice authority-pending advanced practice |
registered nurse" means an advanced practice registered nurse |
licensed in Illinois and certified as a nurse practitioner, |
clinical nurse specialist, or nurse midwife who has provided a |
notarized attestation of completion of at least 250 hours of |
continuing education or training in the advanced practice |
registered nurse's area of certification and at least 4,000 |
hours of clinical experience after first attaining national |
certification and who has submitted an application to the |
Department to be granted full practice authority. |
|
"Hospital affiliate" means a corporation, partnership, |
joint venture, limited liability company, or similar |
organization, other than a hospital, that is devoted primarily |
to the provision, management, or support of health care |
services and that directly or indirectly controls, is |
controlled by, or is under common control of the hospital. For |
the purposes of this definition, "control" means having at |
least an equal or a majority ownership or membership interest. |
A hospital affiliate shall be 100% owned or controlled by any |
combination of hospitals, their parent corporations, or |
physicians licensed to practice medicine in all its branches |
in Illinois. "Hospital affiliate" does not include a health |
maintenance organization regulated under the Health |
Maintenance Organization Act. |
"Impaired nurse" means a nurse licensed under this Act who |
is unable to practice with reasonable skill and safety because |
of a physical or mental disability as evidenced by a written |
determination or written consent based on clinical evidence, |
including loss of motor skills, abuse of drugs or alcohol, or a |
psychiatric disorder, of sufficient degree to diminish his or |
her ability to deliver competent patient care. |
"License-pending advanced practice registered nurse" means |
a registered professional nurse who has completed all |
requirements for licensure as an advanced practice registered |
nurse except the certification examination and has applied to |
take the next available certification exam and received a |
|
temporary permit from the Department. |
"License-pending registered nurse" means a person who has |
passed the Department-approved registered nurse licensure exam |
and has applied for a license from the Department. A |
license-pending registered nurse shall use the title "RN lic |
pend" on all documentation related to nursing practice. |
"Nursing intervention" means any treatment based on |
clinical nursing judgment or knowledge that a nurse performs. |
An individual or entity shall not mandate that a registered |
professional nurse delegate nursing interventions if the |
registered professional nurse determines it is inappropriate |
to do so. A nurse shall not be subject to disciplinary or any |
other adverse action for refusing to delegate a nursing |
intervention based on patient safety. |
"Physician" means a person licensed to practice medicine |
in all its branches under the Medical Practice Act of 1987. |
"Podiatric physician" means a person licensed to practice |
podiatry under the Podiatric Medical Practice Act of 1987. |
"Practical nurse" or "licensed practical nurse" means a |
person who is licensed as a practical nurse under this Act and |
practices practical nursing as defined in this Act. Only a |
practical nurse licensed under this Act is entitled to use the |
title "licensed practical nurse" and the abbreviation |
"L.P.N.". |
"Practical nursing" means the performance of nursing |
interventions requiring the nursing knowledge, judgment, and |
|
skill acquired by means of completion of an approved practical |
nursing education program. Practical nursing includes |
assisting in the nursing process under the guidance of a |
registered professional nurse or an advanced practice |
registered nurse. The practical nurse may work under the |
direction of a licensed physician, dentist, podiatric |
physician, or other health care professional determined by the |
Department. |
"Privileged" means the authorization granted by the |
governing body of a healthcare facility, agency, or |
organization to provide specific patient care services within |
well-defined limits, based on qualifications reviewed in the |
credentialing process. |
"Registered Nurse" or "Registered Professional Nurse" |
means a person who is licensed as a professional nurse under |
this Act and practices nursing as defined in this Act. Only a |
registered nurse licensed under this Act is entitled to use |
the titles "registered nurse" and "registered professional |
nurse" and the abbreviation, "R.N.". |
"Registered professional nursing practice" means a |
scientific process founded on a professional body of knowledge |
that includes, but is not limited to, the protection, |
promotion, and optimization of health and abilities, |
prevention of illness and injury, development and |
implementation of the nursing plan of care, facilitation of |
nursing interventions to alleviate suffering, care |
|
coordination, and advocacy in the care of individuals, |
families, groups, communities, and populations. "Registered |
professional nursing practice" does not include the act of |
medical diagnosis or prescription of medical therapeutic or |
corrective measures. |
"Professional assistance program for nurses" means a |
professional assistance program that meets criteria |
established by the Board of Nursing and approved by the |
Secretary, which provides a non-disciplinary treatment |
approach for nurses licensed under this Act whose ability to |
practice is compromised by alcohol or chemical substance |
addiction. |
"Secretary" means the Secretary of Financial and |
Professional Regulation. |
"Unencumbered license" means a license issued in good |
standing. |
"Written collaborative agreement" means a written |
agreement between an advanced practice registered nurse and a |
collaborating physician, dentist, or podiatric physician |
pursuant to Section 65-35. |
(Source: P.A. 103-154, eff. 6-30-23.)
|
(225 ILCS 65/55-10) (was 225 ILCS 65/10-30) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 55-10. LPN licensure by examination. |
(a) Each applicant who successfully meets the requirements |
|
of this Section is eligible for licensure as a licensed |
practical nurse. |
(b) An applicant for licensure by examination to practice |
as a practical 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 practical |
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 |
|
in the forfeiture of the examination fee; and |
(7) the applicant has met all other requirements |
established by rule. |
(b-5) If an applicant for licensure by examination |
neglects, fails, or refuses to take an examination or fails to |
pass an examination for a license under this Act within 3 years |
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. |
An applicant may take and successfully complete a |
Department-approved examination in another jurisdiction. |
However, an applicant who has never been licensed previously |
in any jurisdiction that utilizes a Department-approved |
examination and who has taken and failed to pass the |
examination within 3 years after filing the application must |
submit proof of successful completion of a |
Department-authorized nursing education program or |
recompletion of an approved licensed practical nursing program |
prior to re-application. |
(c) An applicant for licensure by examination shall have |
|
one year from the date of notification of successful |
completion of the examination to apply to the Department for a |
license. If an applicant fails to apply within one year, the |
applicant shall be required to retake and pass the examination |
unless licensed in another jurisdiction of the United States. |
(d) A licensed practical nurse applicant who passes the |
Department-approved licensure examination and has applied to |
the Department for licensure may obtain employment as a |
license-pending practical nurse and practice as delegated by a |
registered professional nurse or an advanced practice |
registered nurse or physician. An individual may be employed |
as a license-pending practical nurse if all of the following |
criteria are met: |
(1) He or she has completed and passed the |
Department-approved licensure exam and presents to the |
employer the official written notification indicating |
successful passage of the licensure examination. |
(2) He or she has completed and submitted to the |
Department an application for licensure under this Section |
as a practical nurse. |
(3) He or she has submitted the required licensure |
fee. |
(4) He or she has met all other requirements |
established by rule, including having submitted to a |
criminal history records check. |
(e) The privilege to practice as a license-pending |
|
practical nurse shall terminate with the occurrence of any of |
the following: |
(1) Six Three months have passed since the official |
date of passing the licensure exam as inscribed on the |
formal written notification indicating passage of the |
exam. This 6-month 3-month period may be extended as |
determined by rule. |
(2) Receipt of the practical nurse license from the |
Department. |
(3) Notification from the Department that the |
application for licensure has been denied. |
(4) A request by the Department that the individual |
terminate practicing as a license-pending practical nurse |
until an official decision is made by the Department to |
grant or deny a practical nurse license. |
(f) (Blank). |
(g) All applicants for practical nurse licensure by |
examination who are graduates of nursing educational programs |
in a country other than the United States or its territories |
shall have their nursing education credentials evaluated by a |
Department-approved nursing credentialing evaluation service. |
No such applicant may be issued a license under this Act unless |
the applicant's program is deemed by the nursing credentialing |
evaluation service to be equivalent to a professional nursing |
education program approved by the Department. An applicant who |
has graduated from a nursing educational program outside of |
|
the United States or its territories and whose first language |
is not English shall submit evidence of English proficiency, |
as defined by rule. |
(h) (Blank). |
(i) (Blank). |
(j) (Blank). |
(k) (Blank). |
(l) (Blank). |
(m) All applicants for practical nurse licensure have 3 |
years from the date of application to complete the application |
process. If the process has not been completed within 3 years |
from the date of application, the application shall be denied, |
the fee forfeited, and the applicant must reapply and meet the |
requirements in effect at the time of reapplication. |
(Source: P.A. 100-513, eff. 1-1-18.)
|
(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 |
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 |
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 the effective date of |
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) 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 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 |
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) Six 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 6-month license-pending 3-month license pending |
period may be extended if more time is needed by the |
Department to process the licensure application. |
(2) Receipt of the registered professional nurse |
license from the Department. |
(3) Notification from the Department that the |
application for licensure has been refused. |
(4) A request by the Department that the individual |
terminate practicing as a license-pending registered nurse |
until an official decision is made by the Department to |
|
grant or deny a registered professional nurse license. |
(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 |
under this Act unless the applicant's program is deemed by the |
nursing credentialing evaluation service to be equivalent to a |
professional nursing education program approved by the |
Department. An applicant who has graduated from a nursing |
educational program outside of the United States or its |
territories and whose first language is not English shall |
submit evidence of English proficiency, as defined by rule. |
