Illinois is not presently among the approximately 40 states participating in the national Nurse Licensure Compact. Nurse Licensure Compact participation streamlines the process for obtaining a license in the state or in another participating state. If you are an Illinois nurse seeking a license in another state or a nurse with a license in another state seeking an Illinois nurse license, you do not have those advantages. You may find yourself facing complications that frustrate or delay your multistate nurse licensure. Retain the Lento Law Firm's premier Professional License Defense Team now to help you resolve your Illinois nurse licensure issues. Call 888.535.3686 or complete this contact form.
Advantages of the Nurse Licensure Compact
The purpose of the national Nurse Licensure Compact is to facilitate nurse movement from state to state by standardizing and streamlining nurse licensure requirements. Greater flexibility for nurses to move their practice from state to state generally means a more efficient nursing labor market, benefiting nurses, their employers, and their patients and residents for whom they care. In theory, once you obtain a nursing license in one Compact state, you should be able to get a nursing license in another Compact state without repeating the National Council Licensure Exam (NCLEX) or supervised clinical practice requirements. Those two advantages alone could save you thousands of dollars and many months of time in trying to qualify for a nursing license when you've already qualified in another participating state. Unfortunately, you don't currently have those advantages in Illinois. Let us help if you face multistate licensure issues.
Illinois Pending Nurse Licensure Compact Legislation
The situation in Illinois may change in the not-too-distant future. Both houses of the Illinois General Assembly have bills before them that would amend the state's Nurse Practice Act for Illinois to join the Nurse Licensure Compact. The Illinois House of Representatives referred House Bill 1622 to its Rules Committee, where the bill has picked up several co-sponsors but, as of this writing, remained in committee. The Illinois Senate referred bi-partisan Senate Bill 41 to its Assignments Committee, where the bill has picked up co-sponsors but remains in committee. Yet if either of those bills proceeds into law, which is an open question, it may take another year or more for implementation. However, prospects exist in the future for a streamlined Nurse Licensure Compact process for nurse licensing from a Compact state to Illinois or from Illinois to another Compact state. Let us help you confirm your options for nursing licensure in Illinois or in another state based on your Illinois nursing license.
Illinois Nurse Licensure
The Illinois Department of Financial and Professional Regulation licenses nurses in the state under the auspices of the state's Nurse Practice Act. Unlicensed practice can bring a civil penalty of up to $10,000 for each violation under the Illinois Nurse Practice Act and a Class A misdemeanor conviction. You must not practice nursing in Illinois without an Illinois nursing license issued by the Department of Financial and Professional Regulation, obtained by applying on Department forms and meeting all requirements. The requirements vary depending on the nursing license you seek (LPN, RN, APRN, etc.). The Illinois Nurse Practice Act sets out separate requirements for each form of nursing license. All nursing licenses will require a criminal history check. The variations among requirements for an Illinois nursing license are in the education, examination, and experience requirements. If you face issues convincing the Illinois Department of Financial and Professional Regulation that you qualify for an Illinois nursing license, let us help you resolve those issues.
Licensure in Other States
Other states have similar nursing license requirements to those under the Illinois Nurse Practice Act. Other states also penalize nursing practice without a license, either by civil fine or, criminal conviction or both, like Illinois. Simply because you obtain and hold a valid Illinois nursing license does not mean that you may practice nursing in a contiguous state like Wisconsin or Indiana or in any other state. You must instead meet the licensing requirements of those other states. Your Illinois nursing license may show that you are perfectly capable of competent nursing and of meeting nurse licensure requirements, but you still must apply in those other states and show that you do or can meet the requirements. If you are unable to get a nursing license in another state when, based on your Illinois nursing license, you feel that you should readily be able to qualify, let us help you resolve your nursing license issues.
Licensure in Illinois Based on Endorsement
While Illinois has not yet joined the national Nurse Licensure Compact, Illinois does recognize licensure by endorsement. That recognition means you have the potential for a shortened Illinois nurse licensing process based on a nursing license you hold from another state or qualifying U.S. jurisdiction like Guam and the Virgin Islands. Licensure by endorsement in Illinois may not be as streamlined as Nurse Licensure Compact endorsement, but it could provide you with similar benefits.
Illinois Licensed Practical Nurse Licensure by Endorsement
Section 55-11 of the Illinois Nurse Practice Act sets forth the requirements to obtain a licensed practical nurse (LPN) license in Illinois based on an LPN license you hold in another state. Illinois Administrative Code Section 1300.220 states the Department of Financial and Professional Regulation rules further detailing those requirements. Those requirements include that you must meet the Illinois Department of Financial and Professional Regulation's requirements for LPN licensure. Just because you hold an LPN license in another state does not qualify you for Illinois LPN licensure. The education, examination, and background-check requirements for the other state may have been lower than or different from the Illinois LPN licensure requirements. You may also have had potentially disqualifying matters arise, whether criminal convictions, malpractice suits, or license discipline, between the time you received your LPN license in the other state and the time that you applied for your Illinois LPN license. Let us help if you face issues getting your Illinois LPN license when you already hold an LPN license in another state. Section 55-11 does permit you to obtain a temporary LPN permit to practice in Illinois while the Department processes your application for a full LPN license.
Illinois Registered Nurse Licensure by Endorsement
Section 60-11 of the Illinois Nurse Practice Act sets forth the requirements to obtain a registered nurse (RN) license in Illinois based on an RN license you hold in another state. Illinois Administrative Code Section 1300.320 is the Department of Financial and Professional Regulation rule further detailing those requirements. Those requirements include meeting Illinois Department of Financial and Professional Regulation nursing education, nurse examination, and criminal background check requirements. Just because you hold an RN license in another state does not mean that you have satisfied Illinois education, examination, and background requirements. Your other state of licensure may have had lower or different RN education, examination, and background requirements that do not satisfy Illinois RN licensure requirements. Or you may have faced RN license discipline or a criminal conviction, malpractice liability, or other potentially disqualifying event since you obtained your first RN license. We can help you address your issues over those differences. Section 60-11 does enable you to obtain a temporary RN permit while the Department processes your application for a full RN license.
Illinois Advanced Practice Registered Nurse Licensure by Endorsement
Section 65-5 of the Illinois Nurse Practice Act sets forth the requirements for an advanced practice registered nurse (APRN) license in Illinois. Unlike the Illinois LPN and RN requirements, the Illinois APRN requirements do not permit licensure by endorsement. However, your national certification as a nurse midwife, clinical nurse specialist, certified registered nurse anesthetist, or other nursing specialist, required under the Illinois Nurse Practice Act, may have an equivalent effect. In other words, reciprocity among states and licensure by endorsement may be less significant in APRN practice because of the national certification that typically stands as the qualifying credential within each state. Let us help if you face APRN licensing issues in Illinois.
Issues Obtaining a Second or Subsequent License
The above section highlights the requirements for obtaining an Illinois nursing license, whether as an LPN, RN, or APRN when already having an equivalent nursing license in another state. If, instead, you are seeking a license in another state based on your Illinois license, you should face similar requirements. Don't be surprised, though, if issues arise that prevent you from qualifying for your second or subsequent license. Let us help if you face any of the following common issues relating to your effort to obtain a second or subsequent license.
Nursing Education Issues Interfering with Licensure
Surprising as it may seem, state nursing boards can differ in their rules and requirements for nursing education. State nursing boards generally accept a nursing school's Accreditation Commission for Education in Nursing (ACEN) accreditation as meeting the education requirement. You may have earned your qualifying nursing degree from such an ACEN-accredited program. However state nursing boards may also accept an unaccredited in-state nursing program or foreign nursing program by state nursing board rule or special waiver provision. If you earned your nursing degree from one of those non-accredited or specially accredited programs, that degree may not meet the requirements of the state nursing board to which you are applying. You may need to seek a special waiver or obtain relief from another special state nursing board. Let us help you do so.
Nursing Examination Issues Interfering with Licensure
State nursing boards can also differ in their rules and requirements for nursing examination. State nursing boards generally accept the National Council Licensure Exam (NCLEX) passage as meeting the examination requirement. Illinois is an example. Illinois Administrative Code Section 1300.310 recognizes NCLEX passage as satisfying the Illinois RN licensure requirement. Section 1300.210 recognizes NCLEX passage as satisfying the LPN licensure requirement, too. However, Illinois, like some other states, requires candidates to pass the NCLEX within a specific time when the candidate applies for licensure. States may also recognize other examinations or other forms of demonstrating the required knowledge and expertise, depending on their special rules. If you qualified for your first nursing license under such a special examination rule, or you took an extended period within which to pass the NCLEX exam, you may face issues qualifying for a second or subsequent license under the state's special examination rules. Let us help you address any such examination issues.
License Discipline Issues Interfering with Licensure
State nursing boards also routinely hold the power to discipline nurse licenses that they issue. If you have faced disciplinary charges in Illinois and seek a nursing license in another state, your Illinois disciplinary charges may trigger issues in your other state. The opposite would also be true, that if you seek to qualify for an Illinois nursing license based on a license you hold in another state in which you faced discipline, the Illinois Department of Financial and Professional Regulation may contest your Illinois nursing license application. You may have to resolve your present disciplinary issues, obtain clarification on the resolution of disciplinary charges, or take other procedural action to qualify for your second or subsequent nursing license. State nursing boards routinely require you to disclose prior discipline when applying for a new license or license renewal. They also check the Nursys national nursing license database for license discipline. You won't be able to hide or ignore your nursing license disciplinary issues. Let us help you address those issues to ensure your ability to obtain a second or subsequent license.
Background and History Issues Interfering with Licensure
Nurses can also face criminal and professional background and history issues that could interfere with their ability to obtain a second or subsequent license. You may have had a clean criminal record when obtaining your first nursing license. But you may since then have faced criminal charges and convictions that could disqualify you from obtaining a second or subsequent nursing license in another state. States can also differ in the criminal convictions they will accept to hold a nursing license. Illinois Nurse Practice Act Section 70-5 permits the Department of Financial and Professional Regulation to refuse or revoke a nursing license for a felony conviction or a conviction of a misdemeanor involving dishonesty or directly related to nursing practice. Other states may only disqualify for felony convictions or, conversely, may also disqualify for misdemeanors involving not just dishonesty or nursing practice but also immoral, offensive, assaultive, or exploitative misconduct. Let us help, whether your issue is an old charge or conviction that is now giving you trouble with your new state nursing license application or a new charge or conviction that threatens to disqualify you from a new license.
Illinois Nurse Licensing Procedures
The Illinois Department of Financial and Professional Regulation and other equivalent state nursing boards or licensing bodies in other states must not deprive you of your liberty and property interest in your nursing license without first providing you with due process of law. We can invoke those due process protections to ensure that you have a full and fair chance to obtain your Illinois or other state nursing license by endorsement, overcoming state objections. Section 70-140 of the Illinois Nurse Practice Act, for example, provides that all final decisions of the Illinois Department of Financial and Professional Regulation under the Act are subject to the state's Administrative Review Law. That law provides for fair notice of the grounds on which the Department denies your license, a fair opportunity to challenge that denial before an administrative hearing officer, and judicial review of the administrative hearing officer's decision. The administrative hearing gives us a chance to present your evidence to an impartial decision maker if Department officials have acted arbitrarily in denying you a license. Judicial review can correct decisions that reflect bias, conflicts of interest, errors of law, or a lack of supporting evidence. Do not give up if your state nursing officials are giving you the proverbial run around. Whether your dispute is in Illinois or in another state based on your Illinois nursing license, we can invoke procedures like those under the Illinois Nurse Practice Act for your best outcome.
How We Help With Your Multistate Licensing Issues
When you retain our attorneys, we promptly notify your state nursing officials, whether in Illinois or in another state based on your Illinois license, that we are representing you in the matter. Our appearance on your behalf shows your state nursing officials that you are taking the matter seriously and holding the state officials accountable to the state's rules and procedures for nurse licensure. Our attorneys can help you gather and present your best evidence and arguments for why you qualify for a second or subsequent nursing license by endorsement, even though Illinois does not currently participate in the Nurse Licensure Compact. We can make that presentation at early informal conferences even before invoking the formal hearing after an official denial of your license application. Our early intervention may clear up the pending issues without the delay and uncertainty of a formal hearing.
If, instead, we must invoke a formal hearing on your behalf, then we can present your testimony, the testimony of your supporting witnesses, and your documentary evidence on whatever issue you face, whether having to do with disciplinary charges, criminal charges, or convictions, or questions over your education, examination, or other credentials. We can also cross-examine adverse witnesses and challenge other adverse evidence. At the same time that we pursue a favorable outcome at your hearing, we can negotiate, seeking favorable compromise resolutions readily within your reach. If you have already lost your formal hearing, then we can take available appeals and pursue available judicial review, such as that under the Illinois Administrative Review Law. We may also be able to obtain special administrative relief through an oversight office. Let us help you pursue all avenues for your best outcome.
What's at Stake in Illinois Nursing License Issues
Do not underestimate all that you have at stake in an Illinois nursing license issue when moving from state to state. You know the value of your nursing practice, whether in Illinois or in the state to which you hope to move from Illinois. That value includes your nursing employment and all the income and benefits it supplies. That income may be critical not only to your own support but also to the support of your dependent family members. If you cannot obtain the license by endorsement that you seek in Illinois or in another state based on your Illinois license, you won't be able to practice nursing in the state. You may not find other equivalent employment, given your skill and experience in nursing and investment in your nursing career. Don't risk losing that investment. Don't retain unqualified local criminal defense counsel or another unqualified lawyer. Administrative professional licensing matters differ from local court and transactional matters. Let our highly qualified and experienced attorneys help you overcome your Illinois nursing license issues.
Premier Illinois Nursing License Attorneys
Don't suffer undue delays and frustrations obtaining your Illinois nursing license when you already hold a nursing license in another state, or obtaining a nursing license in another state based on your Illinois nursing license. Your ability to move your nursing practice from state to state may be critical to your nursing practice, employment, and career, and all the benefits that a career provides. Retain the Lento Law Firm's premier Professional License Defense Team now to help you resolve your nurse licensure issues. We are available in Chicago, Oak Lawn, Park Ridge, Maywood, Arlington Heights, Peoria, Aurora, Joliet, Naperville, Rockford, Elgin, Champaign, Waukegan, Cicero, Bloomington, Schaumburg, Springfield, and across the rest of Illinois, as well as nationwide. Call 888.535.3686 or complete this contact form.
