(225 ILCS 65/5‑10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5‑10.
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:
(a) "Department" means the Department of Professional Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Board of Nursing appointed by the
Director.
(d) "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.
(e) "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.
(f) "Nursing Act Coordinator" means a registered professional nurse
appointed by
the Director to carry out the administrative policies of the
Department.
(g) "Assistant Nursing Act Coordinator" means a registered professional
nurse
appointed by the Director to assist in carrying out the administrative
policies of the Department.
(h) "Registered" is the equivalent of "licensed".
(i) "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 paragraph (j) of this Section. Only a practical nurse
licensed under this Act is entitled to use the title "licensed practical
nurse" and the abbreviation "L.P.N.".
(j) "Practical nursing" means the performance of
nursing acts requiring the basic nursing knowledge, judgement, and skill
acquired by means of completion of an approved practical nursing education
program. Practical nursing includes assisting in the nursing process as
delegated by and under the direction of a registered professional nurse. The
practical nurse may work under the direction of a licensed physician, dentist,
podiatrist, or other health care professional determined by the Department.
(k) "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 paragraph (l) of this Section. 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.".
(l) "Registered professional nursing practice" includes all
nursing
specialities and means the performance of any nursing act based upon
professional knowledge, judgment, and skills acquired by means of completion
of an approved registered professional nursing education program. A registered
professional nurse provides nursing care emphasizing the importance of the
whole and the interdependence of its parts through the nursing process
to individuals, groups, families, or communities, that includes but is not
limited to: (1) the assessment of healthcare needs, nursing diagnosis,
planning, implementation, and nursing evaluation; (2) the promotion,
maintenance, and restoration of health; (3) counseling, patient education,
health education, and patient advocacy; (4) the administration of medications
and treatments as prescribed by a physician licensed to practice medicine in
all of its branches, a licensed dentist, a licensed podiatrist, or a licensed
optometrist or as prescribed by a physician assistant in accordance with
written guidelines required under the Physician Assistant Practice Act of 1987
or by an advanced practice nurse in accordance with a written
collaborative agreement required under the Nursing and
Advanced Practice Nursing Act; (5) the
coordination and management of the nursing plan of care; (6) the delegation to
and supervision of individuals who assist the registered professional nurse
implementing the plan of care; and (7) teaching and supervision of nursing
students. The foregoing shall not be deemed to include
those acts of medical diagnosis or prescription of therapeutic or
corrective measures that are properly performed only by
physicians licensed in the State of Illinois.
(m) "Current nursing practice update course" means a planned nursing
education curriculum approved by the Department consisting of activities
that have educational objectives,
instructional methods, content or subject matter, clinical practice, and
evaluation methods, related to basic review and updating content and
specifically planned for those nurses previously licensed in the United
States or its territories and preparing for reentry into nursing
practice.
(n) "Professional assistance program for nurses" means a professional
assistance program that meets criteria established by the Board of Nursing
and approved by the Director, 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.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑248, eff. 1‑1‑98; 90‑655, eff.
7‑30‑98; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/5‑15)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5‑15.
Policy; application of Act.
For the protection of life and the
promotion of health, and the prevention of illness and communicable diseases,
any person practicing or offering to practice professional and practical
nursing in Illinois shall submit evidence that he or she is qualified to
practice, and shall be licensed as provided under this Act. No person shall
practice or offer to practice professional or practical nursing in Illinois or
use any title, sign, card or device to indicate that such a person is
practicing professional or practical nursing unless such person has been
licensed under the provisions of this Act.
This Act does not prohibit the following:
(a) The practice of nursing in Federal employment in |
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the discharge of the employee's duties by a person who is employed by the United States government or any bureau, division or agency thereof and is a legally qualified and licensed nurse of another state or territory and not in conflict with Sections 10‑5, 10‑30, and 10‑45 of this Act.
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(b) Nursing that is included in their program of
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study by students enrolled in programs of nursing or in current nurse practice update courses approved by the Department.
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(c) The furnishing of nursing assistance in an
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(d) The practice of nursing by a nurse who holds an
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active license in another state when providing services to patients in Illinois during a bonafide emergency or in immediate preparation for or during interstate transit.
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(e) The incidental care of the sick by members of
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the family, domestic servants or housekeepers, or care of the sick where treatment is by prayer or spiritual means.
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(f) Persons from being employed as nursing aides,
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attendants, orderlies, and other auxiliary workers in private homes, long term care facilities, nurseries, hospitals or other institutions.
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(g) The practice of practical nursing by one who has
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applied in writing to the Department in form and substance satisfactory to the Department, for a license as a licensed practical nurse and who has complied with all the provisions under Section 10‑30, except the passing of an examination to be eligible to receive such license, until: the decision of the Department that the applicant has failed to pass the next available examination authorized by the Department or has failed, without an approved excuse, to take the next available examination authorized by the Department or until the withdrawal of the application, but not to exceed 3 months. An applicant practicing practical nursing under this Section who passes the examination, however, may continue to practice under this Section until such time as he or she receives his or her license to practice or until the Department notifies him or her that the license has been denied. No applicant for licensure practicing under the provisions of this paragraph shall practice practical nursing except under the direct supervision of a registered professional nurse licensed under this Act or a licensed physician, dentist or podiatrist. In no instance shall any such applicant practice or be employed in any supervisory capacity.
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(h) The practice of practical nursing by one who is
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a licensed practical nurse under the laws of another U.S. jurisdiction and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a licensed practical nurse and who is qualified to receive such license under Section 10‑30, until (1) the expiration of 6 months after the filing of such written application, (2) the withdrawal of such application, or (3) the denial of such application by the Department.
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(i) The practice of professional nursing by one who
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has applied in writing to the Department in form and substance satisfactory to the Department for a license as a registered professional nurse and has complied with all the provisions under Section 10‑30 except the passing of an examination to be eligible to receive such license, until the decision of the Department that the applicant has failed to pass the next available examination authorized by the Department or has failed, without an approved excuse, to take the next available examination authorized by the Department or until the withdrawal of the application, but not to exceed 3 months. An applicant practicing professional nursing under this Section who passes the examination, however, may continue to practice under this Section until such time as he or she receives his or her license to practice or until the Department notifies him or her that the license has been denied. No applicant for licensure practicing under the provisions of this paragraph shall practice professional nursing except under the direct supervision of a registered professional nurse licensed under this Act. In no instance shall any such applicant practice or be employed in any supervisory capacity.
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(j) The practice of professional nursing by one who
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is a registered professional nurse under the laws of another state, territory of the United States or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a registered professional nurse and who is qualified to receive such license under Section 10‑30, until (1) the expiration of 6 months after the filing of such written application, (2) the withdrawal of such application, or (3) the denial of such application by the Department.
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(k) The practice of professional nursing that is
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included in a program of study by one who is a registered professional nurse under the laws of another state or territory of the United States or foreign country, territory or province and who is enrolled in a graduate nursing education program or a program for the completion of a baccalaureate nursing degree in this State, which includes clinical supervision by faculty as determined by the educational institution offering the program and the health care organization where the practice of nursing occurs. The educational institution will file with the Department each academic term a list of the names and origin of license of all professional nurses practicing nursing as part of their programs under this provision.
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(l) Any person licensed in this State under any
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other Act from engaging in the practice for which she or he is licensed.
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(m) Delegation to authorized direct care staff
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trained under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act.
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An applicant for license practicing under the exceptions set forth in
subparagraphs (g), (h), (i), and (j) of this Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. Pend. respectively and no other.
(Source: P.A. 93‑265, eff. 7‑22‑03.)
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(225 ILCS 65/5‑17)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5‑17.
Task Force.
The Governor shall appoint a task force
to be convened by the Department to study the
roles, responsibilities, training, competency, and supervision of persons
who are employed to assist a nurse, including nursing aides, attendants,
orderlies, and other auxiliary workers in private homes, long term
care facilities, nurseries, hospitals, and other institutions. The
purpose of the task force shall be to determine if there is a need for
regulation of such persons by the Department.
The task force shall be comprised of 11 members. The task force shall
include one representative from the Department of Professional Regulation, one
representative from the Department of Public Health, and 9 persons
representing various nursing and health care provider organizations in
Illinois,
including, but not limited to, a representative from the Illinois Nurses
Association, Illinois Organization of Nurse Leaders, Illinois Hospital
and Health Systems Association, Illinois Health Care Association, Illinois
Coalition of Nursing Organizations, Life Services Network, Licensed Practical
Nursing Association of Illinois, Certified Nurse Aide Educators, and Illinois
Homecare Council.
The task force shall report its findings and recommendations to the Governor
by January 1, 1999.
(Source: P.A. 90‑248, eff. 1‑1‑98; 90‑742, eff. 8‑13‑98.)
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