2005 Illinois Code - Chapter 110 Higher Education 110 ILCS 915/ Baccalaureate Assistance Law for Registered Nurses.
(110 ILCS 915/1) (from Ch. 144, par. 1401)
Sec. 1.
Short
Title.
This Act shall be known and may be cited as the "Baccalaureate Assistance Law for Registered Nurses."
(Source: P. A. 78‑899.)
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(110 ILCS 915/2) (from Ch. 144, par. 1402)
Sec. 2.
Legislative Finding and Declaration of Policy.
The General Assembly has found and hereby declares that the provision of
a higher education leading to a baccalaureate degree for
registered nurses of this State who desire such an education
is important to the health,
welfare and security of this State and Nation, and consequently is an
important public purpose. Many qualified registered nurses are deterred by
financial considerations from completing their nursing education, with
consequent irreparable loss to the State and Nation of talents vital to
health, welfare and security. A system of loans, which
may be excused if
the registered nurse continues the practice of
professional nursing after
obtaining a baccalaureate degree, will enable them to attend qualified
institutions of their choice in the State, public or private.
(Source: P.A. 86‑944; 86‑1467.)
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(110 ILCS 915/3) (from Ch. 144, par. 1403)
Sec. 3.
Definitions.
The following terms, whenever used or referred to,
have the following meanings except where the context clearly indicates
otherwise:
(a) "Board" means the Board of Higher Education created by "An Act
creating a
Board of Higher Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act therein named", approved
August 22, 1961, as now or hereafter amended.
(b) "Department" means the Illinois Department of Public Health.
(c) "Approved institution" means a college or university located in
this
State which has National League for Nursing accreditation for the
baccalaureate degree program in nursing.
(d) "Enrollment" means the establishment and maintenance of an
individual's
status as a student in an approved institution, regardless of the terms
used at the institution to describe such status.
(e) "Academic year" means the period of time from September 1 of
one year
through August 31 of the next year.
(f) "Registered Nurse" or "professional nurse" means a nurse
holding a valid
existing license in good standing as a registered professional nurse issued
by the Department of Professional Regulation under the Nursing and Advanced Practice Nursing Act.
(g) "Regions" means the official and uniform state planning and
administrative regions established by the Governor by Executive Order No.
7, dated June 22, 1971, as amended.
(h) "Director" means the Director of the Illinois Department of
Public Health.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(110 ILCS 915/4) (from Ch. 144, par. 1404)
Sec. 4.
Functions of Department.
The Department shall prepare and supervise the issuance
of public information about the provisions of this Act; prescribe the form and
regulate the submission of applications for loans; determine the eligibility
of applicants; award the appropriate loans; prescribe the notes or other
acknowledgments of loan which an applicant is required to execute; and
determine whether all or any part of an applicant's loan needs to be
paid, or has been paid or excused from payment, and the extent of any
payment or excused payment. The Department may require a loan recipient to
reimburse the State for expenses, including but not limited to attorney's
fees, incurred by the Department or other agent of the State for a
successful legal action against the recipient for a breach of any provision
of the loan agreement. The Department is authorized to make all necessary
and proper rules, not inconsistent with this Act, for the efficient
exercise of the foregoing functions.
(Source: P.A. 84‑840.)
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(110 ILCS 915/5) (from Ch. 144, par. 1405)
Sec. 5.
Eligibility for a Loan.
An applicant is eligible for a loan
under this Act when the Department finds that:
(a) Applicant is a registered nurse;
(b) Applicant has had one year of permanent legal residence in Illinois;
(c) Applicant is enrolled in a baccalaureate program in professional
nursing in an approved institution or presents written assurance from an
approved institution that applicant qualifies for admission to its
baccalaureate program in professional nursing; and
(d) Applicant's financial resources are such that, in the absence of
scholarship aid, applicant will be deterred by financial considerations
from completing the baccalaureate program in professional nursing at an
approved institution.
The functions of the Department shall be exercised without regard to any
applicant's race, creed, sex, color, national origin, religion, or ancestry.
(Source: P.A. 84‑1242.)
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(110 ILCS 915/6) (from Ch. 144, par. 1406)
Sec. 6.
Number of Loans.
On January 1 of each year, the Department of
Professional Regulation shall certify to the Department the number of
registered nurses in each region actively engaged in the practice of
professional nursing in each region, and shall base its certification on
the most reliable data available to it. Annually the Department shall
allocate the loans to nurses residing in each region according to the
region's proportionate share of the State's nurses as last certified by the
Department of Professional Regulation. The Department shall award loans to
applicants on the basis of financial need. Any loan not used in a region
may be allocated to another region. In determining the number of
loans it may make, the Department shall count each award
as a single loan even though the award may provide for a series of loans
to the applicant over a period greater than one year.
(Source: P.A. 85‑1209.)
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(110 ILCS 915/7) (from Ch. 144, par. 1407)
Sec. 7.
Amount of Loans.
A loan shall be for up to $2,000 per year for
tuition and fees for students enrolled for at least one‑third of the number
of hours required by a school for its full‑time students. Living expenses
of up to $2,500 per year shall be available for full‑time students. The
maximum loan amount is $4,000 for tuition and fees and $5,000 for living
expenses. The Department may provide that loans shall be on a quarterly or
semi‑annual basis and shall be contingent upon applicant's (1) remaining a
registered nurse and (2) diligently pursuing applicant's studies and being
a student in good standing.
(Source: P.A. 87‑577.)
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(110 ILCS 915/8) (from Ch. 144, par. 1408)
Sec. 8.
Repayment of Loans.
Following the award of a baccalaureate in
nursing to an applicant, all loans to the applicant, or any balance due on
such loans, and any interest on any such loans shall be excused
and deemed satisfied upon full repayment in money or upon the following:
(a) for an applicant who has received a loan for |
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substantially full‑time academic work, after the applicant has engaged for an equal number of years as the number of academic years for which the loan was received, for substantially full working time, in Illinois, in either professional nursing practice or the pursuit of full‑time graduate post‑baccalaureate studies in nursing in an approved institution, or both, or has engaged for twice the number of years as the number of academic years for which the loan was received, for substantially half working time, in Illinois, in either professional nursing practice or in the pursuit of substantially half‑time graduate post‑baccalaureate studies in nursing in an approved institution, or both; or
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(b) for an applicant who has received a loan for
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substantially half‑time academic work, after the applicant has engaged for half the number of years as the number of academic years for which the loan was received, for substantially full working time, in Illinois, in either professional nursing practice or the pursuit of full‑time graduate post‑baccalaureate studies in nursing in a approved institution, or both, or has engaged in an equal number of years as the number of academic years for which the loan was received, for substantially half working time, in Illinois, in either professional nursing practice or in the pursuit of substantially half‑time graduate post‑baccalaureate studies in nursing in an approved institution, or both.
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Except for an academic year in which applicant becomes entitled to the
foregoing waiver of loan and interest, all loans to an applicant shall
be payable in 6 equal annual installments beginning 6 months (a) following
the applicant's successful completion of studies for a baccalaureate in
nursing or (b) following termination of applicant's nursing baccalaureate
studies if applicant terminates such studies, with 7% interest per annum on
the unpaid balance, beginning with the first period in which any part of
the loan is repayable and payable annually. If an applicant engages in the
first 6 months for substantially half working time in professional nursing
practice or graduate post‑baccalaureate studies in nursing before payment
becomes due, no payment shall be required unless applicant fails to
successfully and continuously complete the total number of years required
to obtain waiver or repayment of the loan. Interest charges shall be
completely waived if an applicant repays the total loan amount prior to the
first annual payment due date. The total 6‑year interest shall be due if
applicants fail to fulfill the repayment requirements and cases are settled
through authorized agencies outside the Department. If an applicant dies
or suffers total and permanent disability either while pursuing studies
under this Act or, after applicant's baccalaureate degree, while engaging
in Illinois, up to the onset of fatal illness or such disability, in either
a one‑year or a 2‑year program as described in this Section, the loan or
any balance due on it shall be excused and deemed satisfied.
(Source: P.A. 87‑577.)
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(110 ILCS 915/9) (from Ch. 144, par. 1409)
Sec. 9.
Advisory Council.
To assist and advise the Department in the
administration of the Nursing Education Scholarship Act and this Act,
advise on rules and regulations, recommend standards relating to the
awarding of scholarships, and recommend the awarding of loans and
scholarship and grant forgiveness, there is hereby established a Nurse
Scholarship and Baccalaureate Nursing Assistance Advisory Council, of 11
members who shall be appointed for terms of 4 years by the Director as
follows: 4 members from a recognized statewide professional nurses
association, 2 members from recognized statewide associations for
professional nurses from associate degree or hospital based programs in
nursing, 2 members from recognized statewide associations for licensed
practical nurses, one member from the members or employees of the Board,
one member from the Committee of Nurse Examiners under the Illinois Nursing
Practice Act, and one member representative of consumers of nursing services.
The first appointments of 4‑year terms, in 1988, shall be staggered, with
3 appointments terminating in 1990 and 4 terminating in 1992. The terms
of the two new appointments required by this amendatory Act of 1990, shall
terminate in 1994. The 2 members added as a result of this amendatory Act
of 1991 shall be appointed as soon as possible after the effective date of
this amendatory Act of 1991 and their terms shall expire in 1995. Each member
shall continue to serve after the expiration of his or her term until a
successor has been appointed and qualified. No person shall serve more
than 2 terms. Vacancies shall be filled by appointment for the unexpired
term of any member in the same manner as the vacant position had been filled.
The Department may delegate all or any of its functions hereunder to the
Advisory Council.
(Source: P.A. 92‑790, eff. 8‑6‑02.)
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(110 ILCS 915/10) (from Ch. 144, par. 1410)
Sec. 10.
Student Enrollment and Obligations of Institutions.
(a) An approved institution is free to accept an applicant in
compliance with its own admissions requirements, standards, and
policies. The Department may disburse any loan for tuition
and fees to the approved institution direct for the payment of tuition and other
necessary fees or for credit against the student's obligation for such
tuition and fees, and upon acceptance thereof the approved institution
shall be contractually obligated (1) to provide facilities and
instruction to the student on the same terms as to other students
generally, and (2) to provide the notices and information described in
this Section.
(b) If, in the course of any academic period, any student enrolled
in any approved institution pursuant to a loan granted under this Act
shall for any reason cease to be a student in good standing, the
institution shall promptly give written notice to the Department
concerning such change of status and the reason therefor.
(c) A student to whom a renewal loan has been awarded may either
re‑enroll in the institution which he attended during the preceding
year, or enroll in any other approved institution; and in either event,
the institution accepting the student for such enrollment or
re‑enrollment shall notify the Department of such acceptance.
(Source: P.A. 82‑1001.)
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(110 ILCS 915/11) (from Ch. 144, par. 1411)
Sec. 11.
Partial
invalidity.
If any section, clause or other portion of this Act or the application
thereof to any person or circumstances shall be held invalid, that decision
shall not affect the validity of the remaining portions of this Act. It is
hereby declared that all such remaining portions of this Act are severable,
and that the General Assembly would have enacted such remaining portions if
the portions that may be so held to be invalid had not been included in
this Act.
(Source: P.A. 78‑899.)
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(110 ILCS 915/12) (from Ch. 144, par. 1412)
Sec. 12.
Effective date.
This Act takes effect July 1, 1973, or upon
becoming a law, whichever is later.
(Source: P.A. 78‑899.)
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