Illinois 2023-2024 Regular Session

Illinois House Bill HB5155 Latest Draft

Bill / Introduced Version Filed 02/08/2024

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5155 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 225 ILCS 65/60-5225 ILCS 65/60-7 new225 ILCS 65/60-10 Amends the Nurse Practice Act. Removes a 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. Sets forth provisions concerning how to measure a registered professional nurse education program's effectiveness based on the pass rates on a State-approved licensure examination. Provides that outliers may be removed when calculating State-approved licensure examination pass rates. Provides that a registered professional nurse education program is responsible for tracking outliers. Defines "outlier". Provides that a registered professional nurse education program is responsible for calculating the passage rate of the program's graduates. Provides that the registered professional nurse education program must submit a calculation of the passage rate of the program's graduates and supporting documentation to the Board of Nursing in an annual report due October 30 of every year. Provides that a registered professional nurse education program meeting one of the measurements of program effectiveness shall be deemed to be in good standing. Makes conforming changes. LRB103 37838 RTM 67968 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5155 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:  225 ILCS 65/60-5225 ILCS 65/60-7 new225 ILCS 65/60-10 225 ILCS 65/60-5  225 ILCS 65/60-7 new  225 ILCS 65/60-10  Amends the Nurse Practice Act. Removes a 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. Sets forth provisions concerning how to measure a registered professional nurse education program's effectiveness based on the pass rates on a State-approved licensure examination. Provides that outliers may be removed when calculating State-approved licensure examination pass rates. Provides that a registered professional nurse education program is responsible for tracking outliers. Defines "outlier". Provides that a registered professional nurse education program is responsible for calculating the passage rate of the program's graduates. Provides that the registered professional nurse education program must submit a calculation of the passage rate of the program's graduates and supporting documentation to the Board of Nursing in an annual report due October 30 of every year. Provides that a registered professional nurse education program meeting one of the measurements of program effectiveness shall be deemed to be in good standing. Makes conforming changes.  LRB103 37838 RTM 67968 b     LRB103 37838 RTM 67968 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5155 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
225 ILCS 65/60-5225 ILCS 65/60-7 new225 ILCS 65/60-10 225 ILCS 65/60-5  225 ILCS 65/60-7 new  225 ILCS 65/60-10
225 ILCS 65/60-5
225 ILCS 65/60-7 new
225 ILCS 65/60-10
Amends the Nurse Practice Act. Removes a 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. Sets forth provisions concerning how to measure a registered professional nurse education program's effectiveness based on the pass rates on a State-approved licensure examination. Provides that outliers may be removed when calculating State-approved licensure examination pass rates. Provides that a registered professional nurse education program is responsible for tracking outliers. Defines "outlier". Provides that a registered professional nurse education program is responsible for calculating the passage rate of the program's graduates. Provides that the registered professional nurse education program must submit a calculation of the passage rate of the program's graduates and supporting documentation to the Board of Nursing in an annual report due October 30 of every year. Provides that a registered professional nurse education program meeting one of the measurements of program effectiveness shall be deemed to be in good standing. Makes conforming changes.
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    LRB103 37838 RTM 67968 b
A BILL FOR
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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 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
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

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5155 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
225 ILCS 65/60-5225 ILCS 65/60-7 new225 ILCS 65/60-10 225 ILCS 65/60-5  225 ILCS 65/60-7 new  225 ILCS 65/60-10
225 ILCS 65/60-5
225 ILCS 65/60-7 new
225 ILCS 65/60-10
Amends the Nurse Practice Act. Removes a 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. Sets forth provisions concerning how to measure a registered professional nurse education program's effectiveness based on the pass rates on a State-approved licensure examination. Provides that outliers may be removed when calculating State-approved licensure examination pass rates. Provides that a registered professional nurse education program is responsible for tracking outliers. Defines "outlier". Provides that a registered professional nurse education program is responsible for calculating the passage rate of the program's graduates. Provides that the registered professional nurse education program must submit a calculation of the passage rate of the program's graduates and supporting documentation to the Board of Nursing in an annual report due October 30 of every year. Provides that a registered professional nurse education program meeting one of the measurements of program effectiveness shall be deemed to be in good standing. Makes conforming changes.
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    LRB103 37838 RTM 67968 b
A BILL FOR

 

 

225 ILCS 65/60-5
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225 ILCS 65/60-10



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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) whether the program satisfies one of the
7  criteria for program effectiveness set forth in subsection
8  (a) of Section 60-7 measurement of program effectiveness
9  based on a passage rate of all graduates over the 3 most
10  recent calendar years without reference to first-time test
11  takers;
12  (3) the administration of the program by a Nurse
13  Administrator and the involvement of a Nurse Administrator
14  in the development of the program;
15  (4) the occurrence of a site visit prior to approval;
16  and
17  (5) beginning December 31, 2022, obtaining and
18  maintaining programmatic accreditation by a national
19  accrediting body for nursing education recognized by the
20  United States Department of Education and approved by the
21  Department.
22  The Department and Board of Nursing shall be notified
23  within 30 days if the program loses its accreditation. The
24  Department may adopt rules regarding a warning process and
25  reaccreditation.
26  (b) In order to obtain initial Department approval and to

 

 

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1  maintain Department approval, a registered professional
2  nursing program must meet all of the following requirements:
3  (1) The institution responsible for conducting the
4  program and the Nurse Administrator must ensure that
5  individual faculty members are academically and
6  professionally competent.
7  (2) The program curriculum must contain all applicable
8  requirements established by rule, including both theory
9  and clinical components.
10  (3) The passage rates of the program's graduating
11  classes on the State-approved licensure exam must meet one
12  of the measurements of program effectiveness set forth in
13  subsection (a) of Section 60-7 be deemed satisfactory by
14  the Department.
15  (c) Program site visits to an institution conducting or
16  hosting a professional nursing program may be made at the
17  discretion of the Nursing Coordinator or upon recommendation
18  of the Board. Full routine site visits may be conducted by the
19  Department for periodic evaluation. Such visits shall be used
20  to determine compliance with this Act. Full routine site
21  visits must be announced and may be waived at the discretion of
22  the Department if the program maintains accreditation with an
23  accrediting body recognized by the United States Department of
24  Education and approved by the Department.
25  (d) Any institution conducting a registered professional
26  nursing program that wishes to discontinue the program must do

 

 

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

 

 

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1  (Source: P.A. 103-533, eff. 1-1-24.)
2  (225 ILCS 65/60-7 new)
3  Sec. 60-7. Registered professional nurse education program
4  effectiveness.
5  (a) The measurement of a registered professional nurse
6  education program's effectiveness is determined by whether the
7  program's:
8  (1) most recent annual pass rate on a State-approved
9  licensure examination is 75% or greater for all first-time
10  test-takers;
11  (2) average pass rate on a State-approved licensure
12  examination for the 3 most recent years is 75% or greater
13  for all first-time test-takers;
14  (3) most recent annual pass rate on a State-approved
15  licensure examination is 75% or greater for all
16  test-takers; or
17  (4) average pass rate on a State-approved licensure
18  examination for the 3 most recent years is 75% or greater
19  for all test-takers.
20  (b) Outliers may be removed when calculating
21  State-approved licensure examination pass rates. A registered
22  professional nurse education program is responsible for
23  tracking outliers.
24  In this subsection, "outlier" means a graduate of a
25  professional nurse education program who:

 

 

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1  (1) does not take a State-approved licensure
2  examination within 180 days of graduating a professional
3  nurse education program; or
4  (2) fails the State-approved licensure examination a
5  second or subsequent time.
6  (c) A registered professional nurse education program is
7  responsible for calculating the passage rate of the program's
8  graduates. The registered professional nurse education program
9  must submit a calculation of the passage rate of the program's
10  graduates and supporting documentation to the Board in an
11  annual report due October 30 of every year.
12  (225 ILCS 65/60-10)
13  (Section scheduled to be repealed on January 1, 2028)
14  Sec. 60-10. RN licensure by examination.
15  (a) Each applicant who successfully meets the requirements
16  of this Section is eligible for licensure as a registered
17  professional nurse.
18  (b) An applicant for licensure by examination to practice
19  as a registered professional nurse is eligible for licensure
20  when the following requirements are met:
21  (1) the applicant has submitted a completed written
22  application, on forms provided by the Department, and
23  fees, as established by the Department;
24  (2) the applicant has graduated from a professional
25  nursing education program approved by the Department or

 

 

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1  has been granted a certificate of completion of
2  pre-licensure requirements from another United States
3  jurisdiction;
4  (3) the applicant has successfully completed a
5  licensure examination approved by the Department;
6  (4) (blank);
7  (5) the applicant has submitted to the criminal
8  history records check required under Section 50-35 of this
9  Act;
10  (6) the applicant has submitted, either to the
11  Department or its designated testing service, a fee
12  covering the cost of providing the examination; failure to
13  appear for the examination on the scheduled date at the
14  time and place specified after the applicant's application
15  for examination has been received and acknowledged by the
16  Department or the designated testing service shall result
17  in the forfeiture of the examination fee; and
18  (7) the applicant has met all other requirements
19  established by the Department by rule.
20  An applicant for licensure by examination may take the
21  Department-approved examination in another jurisdiction.
22  (b-3) An applicant who graduates from a professional
23  nursing program in this State on or after January 1, 2024 (the
24  effective date of Public Act 103-533) this amendatory Act of
25  the 103rd General Assembly and does not take the licensure
26  examination within 180 days after his or her degree is

 

 

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1  conferred by the institution of higher education or fails the
2  licensure examination for a second time shall be required to
3  demonstrate proof of completion of a National Council
4  Licensure Examination preparatory class or a comparable test
5  preparatory program before taking a subsequent licensure
6  examination or the graduate may return to the institution of
7  higher education from which he or she graduated which shall
8  provide remedial educational resources to the graduate at no
9  cost to the graduate. Such an applicant must contact the
10  institution of higher education from which he or she graduated
11  prior to retesting.
12  (b-4) On and after the effective date of this amendatory
13  Act of the 103rd General Assembly, a registered professional
14  nurse education program meeting one of the measurements of
15  program effectiveness referenced in subsection (a) of Section
16  60-7 of this Act, as submitted to the Board in the program
17  annual report, shall be deemed to be in good standing. All
18  professional nursing programs in probationary status on the
19  effective date of this amendatory Act of the 103rd General
20  Assembly and subject to a program revision plan shall be
21  deemed in good standing for a period of 3 years beginning on
22  the effective date of this amendatory Act of the 103rd General
23  Assembly. Prior to September 1, 2026, no professional nursing
24  program shall be placed on probationary status for failing to
25  reach a passage rate of less than 75%.
26  (b-5) If an applicant for licensure by examination

 

 

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1  neglects, fails, or refuses to take an examination or fails to
2  pass an examination for a license within 3 years of the date of
3  initial application, the application shall be denied. When an
4  applicant's application is denied due to the failure to pass
5  the examination within the 3-year period, that applicant must
6  undertake an additional course of education as defined by rule
7  prior to submitting a new application for licensure. Any new
8  application must be accompanied by the required fee, evidence
9  of meeting the requirements in force at the time of the new
10  application, and evidence of completion of the additional
11  course of education prescribed by rule.
12  (c) An applicant for licensure by examination shall have
13  one year after the date of notification of the successful
14  completion of the examination to apply to the Department for a
15  license. If an applicant fails to apply within one year, the
16  applicant shall be required to retake and pass the examination
17  unless licensed in another jurisdiction of the United States.
18  (d) An applicant for licensure by examination who passes
19  the Department-approved licensure examination for professional
20  nursing may obtain employment as a license-pending registered
21  nurse and practice under the direction of a registered
22  professional nurse or an advanced practice registered nurse
23  until such time as he or she receives his or her license to
24  practice or until the license is denied. In no instance shall
25  any such applicant practice or be employed in any management
26  capacity. An individual may be employed as a license-pending

 

 

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1  registered nurse if all of the following criteria are met:
2  (1) He or she has completed and passed the
3  Department-approved licensure exam and presents to the
4  employer the official written notification indicating
5  successful passage of the licensure examination.
6  (2) He or she has completed and submitted to the
7  Department an application for licensure under this Section
8  as a registered professional nurse.
9  (3) He or she has submitted the required licensure
10  fee.
11  (4) He or she has met all other requirements
12  established by rule, including having submitted to a
13  criminal history records check.
14  (e) The privilege to practice as a license-pending
15  registered nurse shall terminate with the occurrence of any of
16  the following:
17  (1) Three months have passed since the official date
18  of passing the licensure exam as inscribed on the formal
19  written notification indicating passage of the exam. The
20  3-month license pending period may be extended if more
21  time is needed by the Department to process the licensure
22  application.
23  (2) Receipt of the registered professional nurse
24  license from the Department.
25  (3) Notification from the Department that the
26  application for licensure has been refused.

 

 

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

 

 

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