(225 ILCS 65/10‑25)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10‑25.
Board.
(a) The Director shall appoint the Board of Nursing which, beginning
January 1, 2000, shall be
composed of 7 registered professional nurses, 2 licensed practical
nurses
and one public member who shall also be a voting member
and who is not a
licensed health care provider. Two registered nurses shall hold
at least
a master's degree in nursing and be educators in professional nursing
programs, one representing baccalaureate nursing education, one
representing associate degree nursing
education; one
registered nurse shall hold at least a bachelor's
degree with a major in nursing and be an educator in a licensed practical
nursing program; one registered nurse shall hold a master's degree in
nursing and shall represent nursing service administration; 2 registered
nurses shall represent clinical nursing practice, one of whom shall have at
least a master's degree in nursing; and, until January 1, 2000, 2
registered nurses shall
represent advanced specialty practice. Each of the nurses shall have had
a
minimum of 5 years experience in nursing, 3 of which shall be in
the
area they represent on the Board and be actively engaged in
the area of
nursing they represent at the time of appointment and during their tenure
on the Board. Members shall be appointed for a term of 3
years. No
member shall be eligible for appointment to more than 2 consecutive terms
and any appointment to fill a vacancy shall be for the unexpired portion of
the term. In making Board appointments, the Director shall
give
consideration to recommendations submitted by nursing organizations.
Consideration shall be given to equal geographic representation. The
Board shall receive actual and necessary expenses incurred in
the
performance of their duties.
In making the initial appointments, the Director shall appoint all new
members for terms of 2, 3, and 4 years and such terms shall be staggered as
follows: 3 shall be appointed for terms of 2 years; 3 shall be appointed
for terms of 3 years; and 3 shall be appointed for terms of 4 years.
The Director may remove any member of the Board for
misconduct,
incapacity, or neglect of duty. The Director shall reduce to writing any
causes for removal.
The Board shall meet annually to elect a chairperson and
vice
chairperson. The Board may hold such other meetings during
the year as
may be necessary to conduct its business. Six voting members of the
Board shall constitute a quorum at any meeting. Any action
taken by
the Board must be on the affirmative vote of 6 members.
Voting by
proxy shall not be permitted.
The Board shall submit an annual report to the Director.
The members of the Board shall be immune from suit in any
action
based upon any disciplinary proceedings or other acts performed in good
faith as members of the Board.
(b) The Board is authorized to:
(1) recommend the adoption and, from time to time, |
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the revision of such rules that may be necessary to carry out the provisions of this Act;
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(2) conduct hearings and disciplinary conferences
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upon charges calling for discipline of a licensee as provided in Section 10‑45;
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(3) report to the Department, upon completion of a
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hearing, the disciplinary actions recommended to be taken against persons violating this Act;
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(4) recommend the approval, denial of approval,
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withdrawal of approval, or discipline of nursing education programs;
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(5) participate in a national organization of state
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(6) recommend a list of the registered nurses to
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serve as Nursing Act Coordinator and Assistant Nursing Act Coordinator, respectively.
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(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98; 91‑414, eff. 8‑6‑99.)
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(225 ILCS 65/10‑30)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10‑30. Qualifications for licensure.
(a) Each applicant who successfully meets the requirements of this Section
shall be entitled to licensure as a Registered Nurse or Licensed Practical
Nurse, whichever is applicable.
(b) An applicant for licensure by examination to practice as a registered
nurse or licensed practical nurse shall:
(1) submit a completed written application, on forms
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provided by the Department and fees as established by the Department;
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(2) for registered nurse licensure, have graduated
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from a professional nursing education program approved by the Department;
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(2.5) for licensed practical nurse licensure, have
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graduated from a practical nursing education program approved by the Department;
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(3) have not violated the provisions of Section
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10‑45 of this Act. The Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as an absolute bar to licensure;
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(4) meet all other requirements as established by
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(5) pay, either to the Department or its designated
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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.
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If an applicant neglects, fails, or refuses to take an examination or fails
to pass an examination for a license under this Act within 3 years after filing
the application, the application shall be denied. However, the applicant may
make a new application accompanied by the required fee and provide
evidence of meeting the requirements in force at the time of the new
application.
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 registered nursing program or licensed
practical nursing program, as appropriate, prior to re‑application.
An applicant 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
again take and pass the examination unless licensed in another jurisdiction of
the United States within one year of passing the examination.
(c) An applicant for licensure by endorsement who is a registered
professional nurse or a licensed practical nurse licensed by examination
under the laws of another state or territory of the United States or a
foreign country, jurisdiction, territory, or province shall:
(1) submit a completed written application, on forms
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supplied by the Department, and fees as established by the Department;
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(2) for registered nurse licensure, have graduated
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from a professional nursing education program approved by the Department;
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(2.5) for licensed practical nurse licensure, have
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graduated from a practical nursing education program approved by the Department;
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(3) submit verification of licensure status directly
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from the United States jurisdiction of licensure, if applicable, as defined by rule;
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(4) have passed the examination authorized by the
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(5) meet all other requirements as established by
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(d) All applicants for registered nurse licensure pursuant to item (2) of
subsection (b) and item (2) of subsection (c) of this Section 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 certification of passage of the Test of English as a Foreign Language (TOEFL), as defined by rule. The Department may, upon recommendation from the nursing evaluation service, waive the requirement that the applicant pass the TOEFL examination if the applicant submits verification of the successful completion of a nursing education program conducted in English. The requirements of this subsection (d) may be satisfied by the showing of proof of a certificate from the Certificate Program or the VisaScreen Program of the Commission on Graduates of Foreign Nursing Schools.
(d‑5) An applicant licensed in another state or territory who is applying for
licensure and has received her or his education in a country other than the
United States or its territories shall have her or his 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 certification of passage of the Test of English as a Foreign Language (TOEFL), as defined by rule. The Department may, upon recommendation from the nursing evaluation service, waive the requirement that the applicant pass the TOEFL examination if the applicant submits verification of the successful completion of a nursing education program conducted in English or the successful passage of an approved licensing examination given in English. The requirements of this subsection (d‑5) may be satisfied by the showing of proof of a certificate from the Certificate Program or the VisaScreen Program of the Commission on Graduates of Foreign Nursing Schools.
(e) (Blank).
(f) Pending the issuance of a license under subsection (c) of this Section,
the Department may grant an applicant a temporary license to practice nursing
as a registered nurse or as a licensed practical nurse if the Department is
satisfied that the applicant holds an active, unencumbered license in good
standing in another jurisdiction. If the applicant holds more than one
current active license, or one or more active temporary licenses from other
jurisdictions, the
Department shall not issue a temporary license until it is satisfied that
each current active license held by the applicant is unencumbered. The
temporary license, which shall be issued no later than 14 working days
following receipt by the Department of an application for the temporary
license, shall be granted upon the submission of the following to the
Department:
(1) a signed and completed application for licensure
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under subsection (a) of this Section as a registered nurse or a licensed practical nurse;
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(2) proof of a current, active license in at least
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one other jurisdiction and proof that each current active license or temporary license held by the applicant within the last 5 years is unencumbered;
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(3) a signed and completed application for a
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(4) the required temporary license fee.
(g) The Department may refuse to issue an applicant a temporary
license authorized pursuant to this Section if, within 14 working days
following its receipt of an application for a temporary license, the
Department determines that:
(1) the applicant has been convicted of a crime
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under the laws of a jurisdiction of the United States: (i) which is a felony; or (ii) which is a misdemeanor directly related to the practice of the profession, within the last 5 years;
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(2) within the last 5 years the applicant has had a
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license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds in Illinois; or
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(3) it intends to deny licensure by endorsement.
For purposes of this Section, an "unencumbered license" means a
license against which no disciplinary action has been taken or is pending and
for which all fees and charges are paid and current.
(h) The Department may revoke a temporary license issued pursuant to this
Section if:
(1) it determines that the applicant has been
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convicted of a crime under the law of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession, within the last 5 years;
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(2) it determines that within the last 5 years the
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applicant has had a license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds in Illinois; or
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(3) it determines that it intends to deny licensure
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A temporary license shall expire 6 months from the date of issuance.
Further renewal may be granted by the Department in hardship cases, as defined
by rule and upon approval of the Director. However, a temporary license shall
automatically expire upon issuance of the Illinois license or upon notification
that the Department intends to deny licensure, whichever occurs first.
(i) Applicants 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. 94‑352, eff. 7‑28‑05; 94‑932, eff. 1‑1‑07.)
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(225 ILCS 65/10‑37)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10‑37. Nurse externship permit.
(a) The Department shall establish a 2‑year program under which the Department may issue a nurse externship permit to a registered nurse who is licensed under the laws of another state or territory of the United States and who has not taken the National Council Licensure Examination (NCLEX). A nurse who is issued a permit shall be allowed to practice as a nurse extern under the direct, on‑site supervision of a registered professional nurse licensed under this Act. There shall be one supervising registered professional nurse for every one nurse extern.
(b) An applicant shall be qualified to receive a nurse externship permit if that applicant:
(1) Has submitted a completed written application
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to the Department, on forms provided by the Department, and paid any fees established by the Department.
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(2) Has graduated from a professional nursing
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education program approved by the Department.
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(3) Is licensed as a professional nurse in another
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state or territory of the United States and has submitted a verification of active and unencumbered licensure in all of the states and territories in which the applicant is licensed.
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(4) Has submitted verification of an offer of
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employment in Illinois as a nurse extern. The Department may prescribe the information necessary to determine if this employment meets the requirements of the permit program. This information shall include a copy of the written employment offer.
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(5) Has submitted a written statement from the
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applicant's prospective employer stating that the prospective employer agrees to pay the full tuition for the Bilingual Nurse Consortium course or other course approved by rule.
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(6) Has submitted proof of taking the Test of
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English as a Foreign Language (TOEFL) with a minimum score as set by rule. Applicants with the highest TOEFL scores shall be given first consideration to entrance into an extern program.
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(7) Has submitted written verification that the
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applicant has been enrolled in the Bilingual Nurse Consortium course or other course approved by rule. This verification must state that the applicant shall be able to complete the course within the year for which the permit is issued.
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(8) Has agreed to submit to the Department a mid‑year
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exam as determined by rule that demonstrates proficiency towards passing the NCLEX.
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(9) Has not violated the provisions of Section
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10‑45 of this Act. The Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as an absolute bar to licensure.
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(10) Has met all other requirements established by
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(c) A nurse extern shall be issued no more than one
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permit in a lifetime. The permit shall expire one calendar year after it is issued. Before being issued a license under this Act, the nurse extern must submit proof of the successful completion of the Bilingual Nurse Consortium course or other course approved by rule and successful passage of the NCLEX. The nurse extern shall not practice autonomous, professional nursing until he or she is licensed under this Act. The nurse extern shall carry out progressive nursing skills under the direct supervision of a registered nurse licensed under this Act and shall not be employed in a supervisory capacity. The nurse extern shall work only in the sponsoring facility. A nurse extern may work for a period not to exceed one calendar year from the date of issuance of the permit or until he or she fails the NCLEX. While working as a nurse extern, the nurse extern is subject to the provisions of this Act and all rules adopted by the Department for the administration of this Act.
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(d) The Secretary shall convene a task force within 2
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months after the effective date of this amendatory Act of the 94th General Assembly to establish clinical guidelines that allow for the gradual progression of nursing skills in culturally diverse practice settings. The Nursing Act Coordinator or his or her designee shall serve as chairperson of the task force. The task force shall include, but not be limited to, 2 representatives of the Illinois Nurses Association, 2 representatives of the Illinois Hispanic Nurses Association, a nurse engaged in nursing education who possesses a master's degree or higher, one representative from the Humboldt Park Vocational Educational Center, 2 registered nurses from United States territories who each hold a current State nursing license, one representative from the Chicago Bilingual Nurse Consortium, and one member of the Illinois Hospital Association. The task force shall complete this work no longer than 4 months after convening. After the nurse externship permit program has been in effect for 2 years, the task force shall evaluate the effectiveness of the program and make appropriate recommendations to the Secretary.
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(Source: P.A. 94‑351, eff. 7‑28‑05.)
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(225 ILCS 65/10‑45)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10‑45.
Grounds for disciplinary action.
(a) The Department may, upon recommendation of the Board, refuse to issue or
to renew, or may revoke, suspend, place on
probation, reprimand, or take other disciplinary action as the Department
may deem appropriate with regard to a license for any one or combination
of the causes set forth in subsection (b) below. Fines up to
$2,500 may be imposed
in conjunction with other forms of disciplinary action for those violations
that result in monetary gain for the licensee. Fines shall not be
the
exclusive disposition of any disciplinary action arising out of conduct
resulting in death or injury to a patient. Fines shall not be assessed in
disciplinary actions involving mental or physical illness or impairment.
All fines collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to |
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(2) Material violations of any provision of this Act
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or violation of the rules of or final administrative action of the Director, after consideration of the recommendation of the Board.
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(3) Conviction of any crime under the laws of any
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jurisdiction of the United States: (i) which is a felony; or (ii) which is a misdemeanor, an essential element of which is dishonesty, or (iii) of any crime which is directly related to the practice of the profession.
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(4) A pattern of practice or other behavior which
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demonstrates incapacity or incompetency to practice under this Act.
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(5) Knowingly aiding or assisting another person in
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violating any provision of this Act or rules.
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(6) Failing, within 90 days, to provide a response
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to a request for information in response to a written request made by the Department by certified mail.
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(7) Engaging in dishonorable, unethical or
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unprofessional conduct of a character likely to deceive, defraud or harm the public, as defined by rule.
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(8) Unlawful sale or distribution of any drug,
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narcotic, or prescription device, or unlawful conversion of any drug, narcotic or prescription device.
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(9) Habitual or excessive use or addiction to
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alcohol, narcotics, stimulants, or any other chemical agent or drug which results in a licensee's inability to practice with reasonable judgment, skill or safety.
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(10) Discipline by another U.S. jurisdiction or
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foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
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(11) A finding that the licensee, after having her
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or his license placed on probationary status, has violated the terms of probation.
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(12) Being named as a perpetrator in an indicated
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report by the Department of Children and Family Services and under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
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(13) Willful omission to file or record, or
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willfully impeding the filing or recording or inducing another person to omit to file or record medical reports as required by law or willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
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(14) Gross negligence in the practice of nursing.
(15) Holding oneself out to be practicing nursing
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under any name other than one's own.
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(16) Fraud, deceit or misrepresentation in applying
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for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.
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(17) Allowing another person or organization to use
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the licensees' license to deceive the public.
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(18) Willfully making or filing false records or
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reports in the licensee's practice, including but not limited to false records to support claims against the medical assistance program of the Department of Public Aid under the Illinois Public Aid Code.
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(19) Attempting to subvert or cheat on a nurse
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licensing examination administered under this Act.
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(20) Immoral conduct in the commission of an act,
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such as sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice.
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(21) Willfully or negligently violating the
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confidentiality between nurse and patient except as required by law.
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(22) Practicing under a false or assumed name,
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except as provided by law.
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(23) The use of any false, fraudulent, or deceptive
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statement in any document connected with the licensee's practice.
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(24) Directly or indirectly giving to or receiving
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from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.
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(25) Failure of a licensee to report to the
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Department any adverse final action taken against such licensee by another licensing jurisdiction (any other jurisdiction of the United States or any foreign state or country), by any peer review body, by any health care institution, by any professional or nursing society or association, by any governmental agency, by any law enforcement agency, or by any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
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(26) Failure of a licensee to report to the
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Department surrender by the licensee of a license or authorization to practice nursing in another state or jurisdiction, or current surrender by the licensee of membership on any nursing staff or in any nursing or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined by this Section.
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(27) A violation of the Health Care Worker
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(28) Physical illness, including but not limited to
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deterioration through the aging process or loss of motor skill, mental illness, or disability that results in the inability to practice the profession with reasonable judgment, skill, or safety.
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(c) The determination by a circuit court that a licensee is
subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code, as amended, operates as an
automatic suspension. The suspension will end only upon a finding
by a
court that the patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and discharging the
patient; and upon the recommendation of the Board to the
Director that
the licensee be allowed to resume his or her practice.
(d) The Department may refuse to issue or may suspend the
license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(e) In enforcing this Section, the Department or Board upon a showing of a
possible
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department or Board may order the examining physician to
present
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
physicians
shall be specifically designated by the Board or Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
or
physical examination, when directed, shall be grounds for suspension of his or
her
license until the individual submits to the examination if the Department
finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to practice because
of
the
reasons
set forth in this Section, the Department or Board may require that individual
to submit
to
care, counseling, or treatment by physicians approved
or designated by the Department or Board, as a condition, term, or restriction
for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or
the Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Director for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 15 days after the suspension and completed without
appreciable
delay.
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department or Board that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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