Ill. Admin. Code tit. 23 § 2749.330

Current through Register Vol. 48, No. 48, December 2, 2024

Section 2749.330 - Deferment of Nursing Employment Obligation or Nurse Educator Employment Obligation

A request to defer the recipient's nursing employment obligation or nurse educator employment obligation shall be submitted in writing to ISAC. The request shall detail the reasons for the deferment and shall be accompanied and supported by documentation as requested by ISAC.

a) Deferment of the nursing employment obligation may include the recipient:

1) Spending up to four years in military service before or after graduation. The recipient shall notify ISAC within 30 days after en listing in military service. (Section 6 of the Law)

2) Being called to active duty (for recipients who are military reservists) by the armed forces of the United States. The recipient shall submit a copy of the order to active duty with the written request for deferment. The duration of the deferment shall equal the recipient's period of active military duty.

3) Enrolling in an academic program leading to a higher degree or a graduate degree in nursing. If the recipient receives funding through the Nursing Education Scholarship Program for a higher degree, the nursing employment obligation shall be deferred until the recipient is no longer enrolled or has graduated. The recipient shall notify ISAC within 30 days if the recipient is enrolled in an academic program leading to a graduate degree in nursing. (Section 6 of the Law)

4) Failing to fulfill the nursing employment obligation by involuntarily leaving the profession due to a decrease in the number of nurses employed in the State. When requesting a deferral, the recipient shall provide documentation to ISAC demonstrating that nursing positions do not exist in the recipient's area. If a deferment is granted, it will be re-evaluated every 6 months. (Section 6 of the Law)

5) Providing documentation of a physical or mental health disability that results in the recipient's temporary inability to fulfill the obligation. Documentation shall include an explanation from a licensed health care professional attesting to the recipient's temporary inability to fulfill the obligation. This deferment may be granted for up to three years.

6) Requesting up to 12 weeks leave for maternity, paternity or adoption leave. If the recipient's leave will exceed 12 weeks, a deferment may be granted based on documented medical need.

7)The recipient must begin meeting the required nursing employment obligations no later than 6 months after the end of the deferments. (Section 6 of the Law)

b) Deferment of the nurse educator employment obligation may include the recipient:

1) Spending up to four years in military service before or after graduation. The recipient shall notify ISAC within 30 days after enlisting. (Section 6.5(d) of the Law)

2) Being called to active duty (for recipients who are military reservists) by the armed forces of the United States. The recipient shall submit a copy of the order to active duty with the written request for deferment. The duration of the deferment shall equal the recipient's period of active military duty.

3) Enrolling in an academic program leading to a graduate degree in nursing. The recipient shall notify ISAC within 30 days after enrolling in an academic program leading to a graduate degree in nursing. (Section 6.5(d) of the Law)

4) Providing documentation of a physical or mental health disability that results in the recipient's temporary inability to fulfill the recipient nurse educator employment obligation. Documentation shall include an explanation from a licensed health care professional attesting to the recipient's temporary inability to fulfill the nurse educator employment obligation. This deferment may be granted for up to three years.

5) Requesting up to 12 weeks for maternity, paternity or adoption leave. If the recipient's leave will exceed 12 weeks, a deferment may be granted based on documented medical need.

6) The nurse educator employment obligation may be deferred and re-evaluated every 6 months when the failure to fulfill the nurse educator employment obligation results from involuntarily leaving the profession due to a decrease in the number of nurses employed in this State. (Section 6.5(d) of the Law) When requesting this deferral, the recipient shall provide documentation to ISAC that no nurse educator position exists in the recipients' area.

7) ISAC may allow a nurse educator employment obligation fulfillment alternative if the nurse educator scholarship recipient is unsuccessful in finding work as a nurse educator. (Section 6.5(d) of the Law) Prior to ISAC approving an alternative to the nurse educator employment obligation, the recipient shall provide documentation that no nurse educator position exists in the recipient area. If the recipient demonstrates that no nurse educator position exists, ISAC will allow the recipient to fulfill the service obligation by working as a nurse in a medical facility in Illinois providing direct patient care.

8)The recipient must begin meeting the required nurse educator employment obligation no later than 6 months after the end of the deferment or deferments. (Section 6.5(d) of the Law)

Ill. Admin. Code tit. 23, § 2749.330

Recodified from § 597.330 at 47 Ill. Reg. 7031

Amended at 48 Ill. Reg. 12574, effective 8/1/2024