Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2509 Enrolled / Bill

Filed 05/19/2023

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  HB2509 Enrolled  LRB103 04652 AMQ 49660 b
1  AN ACT concerning regulation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Nurse Practice Act is amended by changing
5  Sections 60-5 and 60-10 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7  (Section scheduled to be repealed on January 1, 2028)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
9  programs.
10  (a) All registered professional nurse education programs
11  must be reviewed by the Board and approved by the Department
12  before the successful completion of such a program may be
13  applied toward meeting the requirements for registered
14  professional nurse licensure under this Act. Any program
15  changing the level of educational preparation or the
16  relationship with or to the parent institution or establishing
17  an extension of an existing program must request a review by
18  the Board and approval by the Department. The Board shall
19  review and make a recommendation for the approval or
20  disapproval of a program by the Department based on the
21  following criteria:
22  (1) a feasibility study that describes the need for
23  the program and the facilities used, the potential of the

 

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1  program to recruit faculty and students, financial support
2  for the program, and other criteria, as established by
3  rule;
4  (2) program curriculum that meets all State
5  requirements;
6  (2.5) measurement of program effectiveness based on a
7  passage rate of all graduates over the 3 most recent
8  calendar years without reference to first-time test
9  takers;
10  (3) the administration of the program by a Nurse
11  Administrator and the involvement of a Nurse Administrator
12  in the development of the program;
13  (4) the occurrence of a site visit prior to approval;
14  and
15  (5) beginning December 31, 2022, obtaining and
16  maintaining programmatic accreditation by a national
17  accrediting body for nursing education recognized by the
18  United States Department of Education and approved by the
19  Department.
20  The Department and Board of Nursing shall be notified
21  within 30 days if the program loses its accreditation. The
22  Department may adopt rules regarding a warning process and
23  reaccreditation.
24  (b) In order to obtain initial Department approval and to
25  maintain Department approval, a registered professional
26  nursing program must meet all of the following requirements:

 

 

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1  (1) The institution responsible for conducting the
2  program and the Nurse Administrator must ensure that
3  individual faculty members are academically and
4  professionally competent.
5  (2) The program curriculum must contain all applicable
6  requirements established by rule, including both theory
7  and clinical components.
8  (3) The passage rates of the program's graduating
9  classes on the State-approved licensure exam must be
10  deemed satisfactory by the Department.
11  (c) Program site visits to an institution conducting or
12  hosting a professional nursing program may be made at the
13  discretion of the Nursing Coordinator or upon recommendation
14  of the Board. Full routine site visits may be conducted by the
15  Department for periodic evaluation. Such visits shall be used
16  to determine compliance with this Act. Full routine site
17  visits must be announced and may be waived at the discretion of
18  the Department if the program maintains accreditation with an
19  accrediting body recognized by the United States Department of
20  Education and approved by the Department.
21  (d) Any institution conducting a registered professional
22  nursing program that wishes to discontinue the program must do
23  each of the following:
24  (1) Notify the Department, in writing, of its intent
25  to discontinue the program.
26  (2) Continue to meet the requirements of this Act and

 

 

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1  the rules adopted thereunder until the official date of
2  termination of the program.
3  (3) Notify the Department of the date on which the
4  last student shall graduate from the program and the
5  program shall terminate.
6  (4) Assist remaining students in the continuation of
7  their education in the event of program termination prior
8  to the graduation of the program's final student.
9  (5) Upon the closure of the program, notify the
10  Department, in writing, of the location of student and
11  graduate records' storage.
12  (e) Out-of-State registered professional nursing education
13  programs planning to offer clinical practice experiences in
14  this State must meet the requirements set forth in this
15  Section and must meet the clinical and faculty requirements
16  for institutions outside of this State, as established by
17  rule. The institution responsible for conducting an
18  out-of-State registered professional nursing education program
19  and the administrator of the program shall be responsible for
20  ensuring that the individual faculty and preceptors overseeing
21  the clinical experience are academically and professionally
22  competent.
23  (Source: P.A. 100-513, eff. 1-1-18.)
24  (225 ILCS 65/60-10)
25  (Section scheduled to be repealed on January 1, 2028)

 

 

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1  Sec. 60-10. RN licensure by examination.
2  (a) Each applicant who successfully meets the requirements
3  of this Section is eligible for licensure as a registered
4  professional nurse.
5  (b) An applicant for licensure by examination to practice
6  as a registered professional nurse is eligible for licensure
7  when the following requirements are met:
8  (1) the applicant has submitted a completed written
9  application, on forms provided by the Department, and
10  fees, as established by the Department;
11  (2) the applicant has graduated from a professional
12  nursing education program approved by the Department or
13  has been granted a certificate of completion of
14  pre-licensure requirements from another United States
15  jurisdiction;
16  (3) the applicant has successfully completed a
17  licensure examination approved by the Department;
18  (4) (blank);
19  (5) the applicant has submitted to the criminal
20  history records check required under Section 50-35 of this
21  Act;
22  (6) the applicant has submitted, either to the
23  Department or its designated testing service, a fee
24  covering the cost of providing the examination; failure to
25  appear for the examination on the scheduled date at the
26  time and place specified after the applicant's application

 

 

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

 

 

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

 

 

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

 

 

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1  application.
2  (2) Receipt of the registered professional nurse
3  license from the Department.
4  (3) Notification from the Department that the
5  application for licensure has been refused.
6  (4) A request by the Department that the individual
7  terminate practicing as a license-pending registered nurse
8  until an official decision is made by the Department to
9  grant or deny a registered professional nurse license.
10  (f) (Blank).
11  (g) (Blank).
12  (h) (Blank).
13  (i) (Blank).
14  (j) (Blank).
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 who are graduates of practical nursing educational
24  programs in a country other than the United States and its
25  territories shall have their nursing education credentials
26  evaluated by a Department-approved nursing credentialing

 

 

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1  evaluation service. No such applicant may be issued a license
2  under this Act unless the applicant's program is deemed by the
3  nursing credentialing evaluation service to be equivalent to a
4  professional nursing education program approved by the
5  Department. An applicant who has graduated from a nursing
6  educational program outside of the United States or its
7  territories and whose first language is not English shall
8  submit evidence of English proficiency, as defined by rule.
9  (m) (Blank).
10  (Source: P.A. 100-513, eff. 1-1-18.)

 

 

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