Rep. Robyn Gabel

Filed: 11/16/2010

 

 


 

 


 
09600SB3712ham003LRB096 19949 ASK 43606 a

1
AMENDMENT TO SENATE BILL 3712

2    AMENDMENT NO. ______. Amend Senate Bill 3712, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Home
6Birth Safety Act.
 
7    Section 5. Purpose. The practice of midwifery in
8out-of-hospital settings is hereby declared to affect the
9public health, safety, and welfare and to be subject to
10regulation in the public interest. The purpose of the Act is to
11protect and benefit the public by setting standards for the
12qualifications, education, training, and experience of those
13who seek to obtain licensure and hold the title of Licensed
14Midwife, to promote high standards of professional performance
15for those licensed to practice midwifery in out-of-hospital
16settings in this State, and to protect the public from

 

 

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1unprofessional conduct by persons licensed to practice
2midwifery, as defined in this Act. This Act shall be liberally
3construed to best carry out these purposes.
 
4    Section 10. Exemptions.
5    (a) This Act does not prohibit a person licensed under any
6other Act in this State from engaging in the practice for which
7he or she is licensed or from delegating services as provided
8for under that other Act.
9    (b) Nothing in this Act shall be construed to prohibit or
10require licensing under this Act, with regard to a student
11midwife working under the direction of a licensed midwife.
 
12    Section 15. Definitions. In this Act:
13    "Board" means the Illinois Midwifery Board.
14    "Certified professional midwife" means a person who has met
15the standards for certification set by the North American
16Registry of Midwives or a successor organization and has been
17awarded the Certified Professional Midwife (CPM) credential.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Licensed midwife" means a person who has been granted a
21license under this Act to engage in the practice of midwifery.
22    "National Association of Certified Professional Midwives"
23or "NACPM" means the professional organization, or its
24successor, that promotes the growth and development of the

 

 

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1profession of certified professional midwives.
2    "North American Registry of Midwives" or "NARM" means the
3accredited international agency, or its successor, that has
4established and has continued to administer certification for
5the credentialing of certified professional midwives.
6    "Practice of midwifery" means providing the necessary
7supervision, care, education, and advice to women during the
8antepartum, intrapartum, and postpartum period, conducting
9deliveries independently, and caring for the newborn, with such
10care including without limitation preventative measures, the
11detection of abnormal conditions in the mother and the child,
12the procurement of medical assistance, and the execution of
13emergency measures in the absence of medical help. "Practice of
14midwifery" includes non-prescriptive family planning.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation.
 
17    Section 20. Unlicensed practice. Beginning 3 years after
18the effective date of this Act, no person may practice, attempt
19to practice, or hold himself or herself out to practice as a
20licensed midwife unless he or she is licensed as a midwife
21under this Act.
 
22    Section 25. Title. A licensed midwife may identify himself
23or herself as a Licensed Midwife or a Licensed Homebirth
24Midwife and may use the abbreviation L.M. A licensed midwife

 

 

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1who carries the CPM credential may alternately identify himself
2or herself as a Licensed Certified Professional Midwife or
3Licensed CPM and may use the abbreviation LM, CPM.
 
4    Section 30. Informed consent.
5    (a) A licensed midwife shall, at an initial consultation
6with a client, provide a copy of the rules under this Act and
7disclose to the client orally and in writing all of the
8following:
9        (1) The licensed midwife's experience and training.
10        (2) Whether the licensed midwife has malpractice
11    liability insurance coverage and the policy limits of any
12    such coverage.
13        (3) A written protocol for the handling of medical
14    emergencies, including transportation to a hospital,
15    particular to each client.
16        (4) A notice that the client must obtain a physical
17    examination from a physician licensed to practice medicine
18    in all its branches, doctor of osteopathy, physician
19    assistant, or advanced practice nurse.
20    (b) A copy of the informed consent document, signed and
21dated by the client, must be kept in each client's chart.
 
22    Section 33. Vicarious liability. No physician licensed to
23practice medicine in all its branches or advanced practice
24nurse shall be held liable for an injury solely resulting from

 

 

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1an act or omission by a licensed midwife occurring outside of a
2hospital, doctor's office or health care facility.
3    Except as may otherwise be provided by law, nothing in this
4Section shall exempt any physician licensed to practice
5medicine in all its branches or advanced practice nurse from
6liability for his or her own negligent, grossly negligent, or
7willful or wanton acts or omissions.
 
8    Section 35. Advertising.
9    (a) Any person licensed under this Act may advertise the
10availability of professional midwifery services in the public
11media or on premises where professional services are rendered,
12if the advertising is truthful and not misleading and is in
13conformity with any rules regarding the practice of a licensed
14midwife.
15    (b) A licensee must include in every advertisement for
16midwifery services regulated under this Act his or her title as
17it appears on the license or the initials authorized under this
18Act.
 
19    Section 40. Powers and duties of the Department; rules.
20    (a) Administration by the Department of this Act must be
21consistent with standards regarding the practice of midwifery
22established by the National Association of Certified
23Professional Midwives or a successor organization whose
24essential documents include without limitation subject matter

 

 

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1concerning scope of practice, standards of practice, informed
2consent, appropriate consultation, collaboration or referral,
3and acknowledgement of a woman's right to self determination
4concerning her maternity care.
5    (b) Rules prescribed by the Department under this Act must
6provide for the scope of practice, including all of the
7following:
8        (1) With regard to testing, care, and screening, a
9    licensed midwife shall:
10            (A) offer each client routine prenatal care and
11        testing in accordance with current American College of
12        Obstetricians and Gynecologists guidelines;
13            (B) provide all clients with a plan for 24-hour
14        on-call availability by a licensed midwife, certified
15        nurse-midwife, or licensed physician throughout
16        pregnancy, intrapartum, and 6 weeks postpartum;
17            (C) provide clients with labor support, fetal
18        monitoring, and routine assessment of vital signs once
19        active labor is established;
20            (D) supervise delivery of infant and placenta,
21        assess newborn and maternal well-being in immediate
22        postpartum, and perform Apgar scores;
23            (E) perform routine cord management and inspect
24        for the appropriate number of vessels;
25            (F) inspect the placenta and membranes for
26        completeness;

 

 

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1            (G) inspect the perineum and vagina postpartum for
2        lacerations and stabilize;
3            (H) observe mother and newborn postpartum until
4        stable condition is achieved, but in no event for less
5        than 2 hours;
6            (I) instruct the mother, father, and other support
7        persons, both verbally and in writing, of the special
8        care and precautions for both mother and newborn in the
9        immediate postpartum period;
10            (J) reevaluate maternal and newborn well-being
11        within 36 hours after delivery.
12            (K) use universal precautions with all biohazard
13        materials;
14            (L) ensure that a birth certificate is accurately
15        completed and filed in accordance with State law;
16            (M) offer to obtain and submit a blood sample, in
17        accordance with the recommendations for metabolic
18        screening of the newborn;
19            (N) offer an injection of vitamin K for the
20        newborn, in accordance with the indication, dose, and
21        administration route set forth in this Section.
22            (O) within one week after delivery, offer a newborn
23        hearing screening to every newborn or refer the parents
24        to a facility with a newborn hearing screening program;
25            (P) within 2 hours after the birth, offer the
26        administration of anti-biotic ointment into the eyes

 

 

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1        of the newborn, in accordance with State law on the
2        prevention of infant blindness; and
3            (Q) maintain adequate antenatal and perinatal
4        records of each client and provide records to
5        consulting licensed physicians and licensed certified
6        nurse-midwives, in accordance with the federal Health
7        Insurance Portability and Accountability Act.
8        (2) With regard to prescription drugs, devices, and
9    procedures, licensed midwives may administer the following
10    medications during the practice of midwifery:
11            (A) oxygen for the treatment of fetal distress;
12            (B) the following eye prophylactics: 0.5%
13        Erythromycin ophthalmic ointment or 1% Tetracycline
14        ophthalmic ointment for the prevention of neonatal
15        ophthalmia;
16            (C) Oxytocin or Pitocin as a postpartum
17        antihemorrhagic agent or as a prophylaxis for
18        hemorrhage;
19            (D) Methylergonovine or Methergine for the
20        treatment of postpartum hemorrhage;
21            (E) Misoprostol (Cytotec), 100-200 mcg for the
22        treatment of postpartum hemorrhage;
23            (F) Vitamin K for the prophylaxis of hemorrhagic
24        disease of the newborn;
25            (G) Rho(D) immune globulin (Rhogam) for the
26        prevention of Rho(D) sensitization in Rho(D) negative

 

 

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1        women;
2            (H) Lactated Ringers IV solution may be used for
3        maternal stabilization;
4            (I) Lidocaine injection as a numbing agent for
5        repair of postpartum tears; and
6            (J) sterile water subcutaneous injections as a
7        non-pharmacological form of pain relief during the
8        first and second stages of labor.
9        The medication indications, dose, route of
10    administration, and duration of treatment relating to the
11    administration of drugs and procedures identified under
12    this item (2) are as follows:
 
13    Medication: Oxygen
14    Indication: Fetal distress
15    Maternal dose: 6-8 L/minute
16    Route of Administration: Mask
17    Duration of Treatment: Until delivery or transfer to a
18    hospital is complete
19    Infant dose: 4-6 L/minute
20    Route of Administration: Bag and mask
21    Infant dose: 4-6 L/minute
22    Route of Administration: Mask
23    Duration of Treatment: 20 minutes or until transfer to a
24    hospital is complete
 

 

 

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1    Medication: 0.5% Erythromycin ophthalmic ointment or 1%
2    Tetracycline ophthalmic ointment
3    Indication: Prophylaxis of Neonatal Ophthalmia
4    Dose: 1 cm ribbon in each eye from unit dose package
5    Route of Administration: Topical
6    Duration of Treatment: 1 dose
 
7    Medication: Oxytocin (Pitocin), 10 units/ml
8    Indication: Postpartum hemorrhage only: prevention or
9    treatment of postpartum hemorrhage only
10    Dose: 1-2 ml, 10-20 units
11    Route of Administration: Intramuscularly only
12    Duration of Treatment: 1-2 doses
 
13    Medication: Methylergonovine (Methergine), 0.2 mg/ml or
14    0.2 mg tabs
15    Indication: Postpartum hemorrhage only
16    Dose: 0.2 mg
17    Route of administration: Intramuscularly or orally single
18    dose
19    Duration of treatment: Every 4 hours, may repeat. Maximum 5
20    doses
21    Contraindicated in hypertension and Raynaud's Disease
 
22    Medication: Misoprostol (Cytotec), 100-200 mcg
23    Indication: Treatment of postpartum hemorrhage only

 

 

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1    Dose: 100-200 mcg tablet
2    Route of administration: orally or rectally
3    Duration of treatment: 400-1,000 mcg, in one dose
4    Caution with Inflammatory Bowel Disease
 
5    Medication: Vitamin K, 1.0 mg/0.5 ml
6    Indication: Prophylaxis of hemorrhagic disease of the
7    newborn
8    Dose: 1.0 mg injection
9    Route of administration: Intramuscularly
10    Duration of treatment: Single dose
 
11    Medication: Rho(D) Immune Globulin (Rhogam)
12    Indication: Prevention of Rho(D) sensitization in Rho(D)
13    negative women
14    Dose: Unit dose
15    Route of administration: Intramuscularly only
16    Duration of treatment: (i) Single dose at any gestation for
17    Rho(D) negative, antibody negative women within 72 hours
18    after spontaneous bleeding, (ii) single dose at 26-28 weeks
19    gestation for Rho(D) negative, antibody negative women,
20    and (iii) single dose for Rho(D) negative, antibody
21    negative women within 72 hours after delivery of Rho(D)
22    positive infant or infant with an unknown blood type
 
23    Medication: Lactated Ringer's solution (LR), unless

 

 

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1    unavailable or impractical in which case 0.9% sodium
2    chloride may be administered
3    Indication: To achieve maternal stabilization during
4    uncontrolled postpartum hemorrhage or any time blood loss
5    is accompanied by tachycardia, hypotension, decreased
6    level of consciousness, pallor, or diaphoresis
7    Dose: First liter run in at a wide-open rate, the second
8    liter titrated to client's condition
9    Route of administration: IV catheter 18 gauge or larger
10    bore
11    Duration of treatment: 2L if hemorrhage is severe
 
12    Medication: Lidocaine 1% injection
13    Indication: numbing agent for repair of postpartum tears
14    Dose: 1-40 ml infiltration as needed
15    Route of Administration: Topical or injected subcutaneous
16    Duration of treatment: Maximum 40 ml, one time
 
17    Medication/Procedure: Sterile water papules
18    Indication: For labor pain in the first and second stages
19    of labor
20    Dose: one injection of 0.25-0.5 ml at each of 4 injection
21    sights
22    Route of administration: 4 subcutaneous injections in the
23    small of the back
24    Duration of treatment: Every 2 hours until no longer

 

 

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1    necessary or delivery. No maximum dosage
 
2        (3) With regard to consultation and referral, a
3    licensed midwife shall consult with a licensed physician or
4    a licensed certified nurse midwife providing obstetrical
5    care, whenever there are significant deviations, including
6    abnormal laboratory results, relative to a client's
7    pregnancy or to a neonate. If a referral to a physician or
8    certified nurse midwife is needed, the licensed midwife
9    shall refer the client to a physician or certified nurse
10    midwife and, if possible, remain in consultation with the
11    physician or certified nurse midwife until resolution of
12    the concern; however, consultation does not preclude the
13    possibility of an out-of-hospital birth. It is appropriate
14    for the licensed midwife to maintain care of the client to
15    the greatest degree possible, in accordance with the
16    client's wishes, during the pregnancy and, if possible,
17    during labor, birth and the postpartum period.
18        A licensed midwife shall consult with a physician
19    licensed to practice medicine in all of its branches, a
20    physician assistant licensed under the Physician Assistant
21    Act of 1987, or an advanced practice nurse licensed under
22    the Nurse Practice Act with regard to any mother who,
23    during antepartum, presents with or develops any of the
24    following risk factors or presents with or develops other
25    risk factors that, in the judgment of the licensed midwife,

 

 

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1    warrant consultation:
2            (A) Pregnancy induced hypertension, as evidenced
3        by a blood pressure of 140/90 on 2 occasions greater
4        than 6 hours apart.
5            (B) Persistent, severe headaches, epigastric pain,
6        or visual disturbances.
7            (C) Persistent symptoms of urinary tract
8        infection.
9            (D) Significant vaginal bleeding before the onset
10        of labor not associated with uncomplicated spontaneous
11        abortion.
12            (E) Rupture of membranes prior to the 37th week
13        gestation.
14            (F) Noted abnormal decrease in or cessation of
15        fetal movement.
16            (G) Anemia resistant to supplemental therapy.
17            (H) Fever of 102 degrees F or 39 degrees C or
18        greater for more than 24 hours.
19            (I) Non-vertex presentation after 38 weeks
20        gestation.
21            (J) Hyperemisis or significant dehydration.
22            (K) ISO immunization, Rh negative sensitized,
23        positive titers, or any other positive antibody titer,
24        which may have a detrimental effect on the mother or
25        fetus.
26            (L) Elevated blood glucose levels unresponsive to

 

 

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1        dietary management.
2            (M) Positive HIV antibody test.
3            (N) Primary genital herpes infection in pregnancy.
4            (O) Symptoms of malnutrition or anorexia or
5        protracted weight loss or failure to gain weight.
6            (P) Suspected deep vein thrombosis.
7            (Q) Documented placental anomaly or previa.
8            (R) Documented low lying placenta after 28 weeks
9        gestation.
10            (S) Labor prior to the 37th week of gestation.
11            (T) History of any prior uterine incision. A woman
12        who has had a previous low transverse cesarean section
13        (LTCS) with a subsequent vaginal birth may be
14        considered for home birth. A woman with a prior LTCS
15        and no subsequent vaginal birth after cesarean or other
16        uterine surgeries, may be managed antepartally with
17        consultation, but will be transferred to the
18        consultant's care for delivery.
19            (U) Lie other than vertex at term.
20            (V) Multiple gestation.
21            (W) Known fetal anomalies that may be affected by
22        the site of birth.
23            (X) Marked abnormal fetal heart tones.
24            (Y) Abnormal non-stress test or abnormal
25        biophysical profile.
26            (Z) Marked or severe poly or oligo hydramnios.

 

 

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1            (AA) Evidence of intrauterine growth restriction.
2            (BB) Significant abnormal ultrasound findings.
3            (CC) Gestation beyond 42 weeks by reliable
4            confirmed dates.
5        A licensed midwife shall consult with a licensed
6    physician or certified nurse-midwife with regard to any
7    mother who, during intrapartum, presents with or develops
8    any of the following risk factors or presents with or
9    develops other risk factors that, in the judgment of the
10    licensed midwife, warrant consultation:
11            (A) Rise in blood pressure above baseline, more
12        than 30/15 points or greater than 140/90.
13            (B) Persistent, severe headaches, epigastric pain,
14        or visual disturbances.
15            (C) Significant proteinuria or ketonuria.
16            (D) Fever over 100.6 degrees F or 38 degrees C in
17        absence of environmental factors.
18            (E) Ruptured membranes without onset of
19        established labor after 18 hours.
20            (F) Significant bleeding prior to delivery or any
21        abnormal bleeding, with or without abdominal pain; or
22        evidence of placental abruption.
23            (G) Lie not compatible with spontaneous vaginal
24        delivery or unstable fetal lie.
25            (H) Failure to progress after 5 hours of active
26        labor or following 2 hours of active second stage

 

 

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1        labor.
2            (I) Signs or symptoms of maternal infection.
3            (J) Active genital herpes at onset of labor.
4            (K) Fetal heart tones with non-reassuring
5        patterns.
6            (L) Signs or symptoms of fetal distress.
7            (M) Thick meconium or frank bleeding with birth not
8        imminent.
9            (N) Client or licensed midwife desires physician
10        consultation or transfer.
11        A licensed midwife shall consult with a licensed
12    physician or certified nurse-midwife with regard to any
13    mother who, during postpartum, presents with or develops
14    any of the following risk factors or presents with or
15    develops other risk factors that, in the judgment of the
16    licensed midwife, warrant consultation:
17            (A) Failure to void within 6 hours of birth.
18            (B) Signs or symptoms of maternal shock.
19            (C) Febrile: 102 degrees F or 39 degrees C and
20        unresponsive to therapy for 12 hours.
21            (D) Abnormal lochia or signs or symptoms of uterine
22        sepsis.
23            (E) Suspected deep vein thrombosis.
24            (F) Signs of clinically significant depression.
25        A licensed midwife shall consult with a licensed
26    physician or licensed certified nurse-midwife with regard

 

 

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1    to any neonate who is born with or develops any of the
2    following risk factors:
3            (A) Apgar score of 6 or less at 5 minutes without
4        significant improvement by 10 minutes.
5            (B) Persistent grunting respirations or
6        retractions.
7            (C) Persistent cardiac irregularities.
8            (D) Persistent central cyanosis or pallor.
9            (E) Persistent lethargy or poor muscle tone.
10            (F) Abnormal cry.
11            (G) Birth weight less than 2300 grams.
12            (H) Jitteriness or seizures.
13            (I) Jaundice occurring before 24 hours or outside
14        of normal range.
15            (J) Failure to urinate within 24 hours of birth.
16            (K) Failure to pass meconium within 48 hours of
17        birth.
18            (L) Edema.
19            (M) Prolonged temperature instability.
20            (N) Significant signs or symptoms of infection.
21            (O) Significant clinical evidence of glycemic
22        instability.
23            (P) Abnormal, bulging, or depressed fontanel.
24            (Q) Significant clinical evidence of prematurity.
25            (R) Medically significant congenital anomalies.
26            (S) Significant or suspected birth injury.

 

 

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1            (T) Persistent inability to suck.
2            (U) Diminished consciousness.
3            (V) Clinically significant abnormalities in vital
4        signs, muscle tone or behavior.
5            (W) Clinically significant color abnormality,
6        cyanotic, or pale or abnormal perfusion.
7            (X) Abdominal distention or projectile vomiting.
8            (Y) Signs of clinically significant dehydration or
9        failure to thrive.
10        (4) The licensed midwife shall initiate immediate
11    transport according to the licensed midwife's emergency
12    plan, provide emergency stabilization until emergency
13    medical services arrive or transfer is completed,
14    accompany the client or follow the client to a hospital in
15    a timely fashion, provide pertinent information to the
16    receiving facility and complete an emergency transport
17    record. Any of the following conditions shall require
18    immediate notification to the licensed midwife's
19    collaborating health care professional and emergency
20    transfer to a hospital:
21            (A) Seizures or unconsciousness.
22            (B) Respiratory distress or arrest.
23            (C) Evidence of shock.
24            (D) Psychosis.
25            (E) Symptomatic chest pain or cardiac arrhythmias.
26            (F) Prolapsed umbilical cord.

 

 

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1            (G) Shoulder dystocia not resolved by Advanced
2        Life Support in Obstetrics (ALSO) protocol.
3            (H) Symptoms of uterine rupture.
4            (I) Preeclampsia or eclampsia.
5            (J) Severe abdominal pain inconsistent with normal
6        labor.
7            (K) Chorioamnionitis.
8            (L) Clinically significant fetal heart rate
9        patterns or other manifestation of fetal distress.
10            (M) Presentation not compatible with spontaneous
11        vaginal delivery.
12            (N) Laceration greater than second degree perineal
13        or any cervical.
14            (O) Hemorrhage non-responsive to therapy.
15            (P) Uterine prolapse or inversion.
16            (Q) Persistent uterine atony.
17            (R) Anaphylaxis.
18            (S) Failure to deliver placenta after one hour if
19        there is no bleeding and fundus is firm.
20            (T) Sustained instability or persistent abnormal
21        vital signs.
22            (U) Other conditions or symptoms that could
23        threaten the life of the mother, fetus or neonate.
24        A licensed midwife may deliver a client with any of the
25    complications or conditions set forth in this item (4), if
26    no physician or other equivalent medical services are

 

 

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1    available and the situation presents immediate harm to the
2    health and safety of the client, if the complication or
3    condition entails extraordinary and unnecessary human
4    suffering, or if delivery occurs during transport.
5        (5) With regard to collaboration, a licensed midwife
6    must form a formal collaborative relationship with a
7    medical doctor or doctor of osteopathy licensed under the
8    Illinois Medical Practice Act or a certified nurse midwife
9    licensed as an advanced practice nurse under the Illinois
10    Nurse Practice Act. This relationship must (i) include
11    documented quarterly review of all clients under the care
12    of the licensed midwife, (ii) include written protocols and
13    procedures for assessing risk and appropriateness for home
14    birth, (iii) provide supportive care when care is
15    transferred to another provider, if possible, and (iv)
16    consider the standards regarding practice of midwifery
17    established by the National Association of Certified
18    Professional Midwives, including referral of mother or
19    baby to appropriate professionals when either needs care
20    outside the midwife's scope of practice or expertise.
21        This relationship must not be construed to necessarily
22    require the personal presence of the collaborating care
23    provider at all times at the place where services are
24    rendered, as long as there is communication available for
25    consultation by radio, telephone, Internet, or
26    telecommunications.

 

 

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1        (6) With regard to prohibited practices, a licensed
2    midwife may not do any of the following:
3            (A) Administer prescription pharmacological agents
4        intended to induce or augment labor.
5            (B) Administer prescription pharmacological agents
6        to provide pain management.
7            (C) Use vacuum extractors or forceps.
8            (D) Prescribe medications.
9            (E) Provide care to a woman who has had a cesarean
10        section or other uterine surgery, unless that woman has
11        had a successful subsequent vaginal birth after
12        cesarean section.
13            (F) Perform major surgical procedures including,
14        but not limited to, abortions, cesarean sections, and
15        circumcisions.
16            (G) Knowingly accept responsibility for prenatal
17        or intrapartum care of a client with any of the
18        following risk factors:
19                (i) Chronic significant maternal cardiac,
20            pulmonary, renal or hepatic disease.
21                (ii) Malignant disease in an active phase.
22                (iii) Significant hematological disorders or
23            coagulopathies, or pulmonary embolism.
24                (iv) Insulin requiring diabetes mellitus.
25                (v) Known maternal congenital abnormalities
26            affecting childbirth.

 

 

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1                (vi) Confirmed isoimmunization, Rh disease
2            with positive titer.
3                (vii) Active tuberculosis.
4                (viii) Active syphilis or gonorrhea.
5                (ix) Active genital herpes infection 2 weeks
6            prior to labor or in labor.
7                (x) Pelvic or uterine abnormalities affecting
8            normal vaginal births, including tumors and
9            malformations.
10                (xi) Alcoholism or abuse.
11                (xii) Drug addiction or abuse.
12                (xiii) Confirmed AIDS status.
13                (xiv) Uncontrolled current serious psychiatric
14            illness.
15                (xv) Social or familial conditions
16            unsatisfactory for out-of-hospital maternity care
17            services.
18                (xvi) Fetus with suspected or diagnosed
19            congenital abnormalities that may require
20            immediate medical intervention.
21    (c) The Department must, on a quarterly basis, issue a
22status report to the Board of all complaints submitted to the
23Department related to the midwifery profession.
 
24    Section 45. Illinois Midwifery Board.
25    (a) There is created under the authority of the Department

 

 

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1the Illinois Midwifery Board, which shall consist of 7 members
2appointed by the Secretary, 4 of whom shall be licensed
3midwives who carry the CPM credential, except that initial
4appointees must have at least 3 years of experience in the
5practice of midwifery in an out-of-hospital setting, be
6certified by the North American Registry of Midwives, and meet
7the qualifications for licensure set forth in this Act; one of
8whom shall be an obstetrician licensed under the Medical
9Practice Act of 1987 who has a minimum of 2 years of experience
10working or consulting with home birth providers or,
11alternately, a family practice physician licensed under the
12Medical Practice Act of 1987 who has a minimum of 2 years of
13experience providing home birth services; one of whom shall be
14a certified nurse midwife who has at least 2 years of
15experience in providing home birth services; and one of whom
16shall be a knowledgeable public member who has given birth with
17the assistance of a certified professional midwife in an
18out-of-hospital birth setting. Board members shall serve
194-year terms, except that in the case of initial appointments,
20terms shall be staggered as follows: 3 members shall serve for
214 years, 2 members shall serve for 3 years, and 2 members shall
22serve for 2 years. The Board shall annually elect a chairperson
23and vice chairperson.
24    (b) Any appointment made to fill a vacancy shall be for the
25unexpired portion of the term. Appointments to fill vacancies
26shall be made in the same manner as original appointments. No

 

 

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1Board member may be reappointed for a term that would cause his
2or her continuous service on the Board to exceed 9 years.
3    (c) Board membership must have reasonable representation
4from different geographic areas of this State.
5    (d) The members of the Board shall be reimbursed for all
6legitimate, necessary, and authorized expenses incurred in
7attending the meetings of the Board.
8    (e) The Secretary may remove any member for cause at any
9time prior to the expiration of his or her term.
10    (f) A majority of the Board members currently appointed
11shall constitute a quorum. A vacancy in the membership of the
12Board shall not impair the right of a quorum to perform all of
13the duties of the Board.
14    (g) The Board shall provide the Department with
15recommendations concerning the administration of this Act and
16perform each of the following duties:
17        (1) Recommend to the Department the prescription and,
18    from time to time, the revision of any rules that may be
19    necessary to carry out the provisions of this Act,
20    including those that are designed to protect the health,
21    safety, and welfare of the public.
22        (2) Conduct hearings and disciplinary conferences on
23    disciplinary charges of licensees.
24        (3) Report to the Department, upon completion of a
25    hearing, the disciplinary actions recommended to be taken
26    against a person found in violation of this Act.

 

 

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1        (4) Recommend the approval, denial of approval, and
2    withdrawal of approval of required education and
3    continuing educational programs.
4    (h) The Secretary shall give due consideration to all
5recommendations of the Board. If the Secretary takes action
6contrary to a recommendation of the Board, the Secretary must
7promptly provide a written explanation of that action.
8    (i) The Board may recommend to the Secretary that one or
9more licensed midwives be selected by the Secretary to assist
10in any investigation under this Act. Compensation shall be
11provided to any licensee who provides assistance under this
12subsection (i), in an amount determined by the Secretary.
13    (j) Members of the Board shall be immune from suit in an
14action based upon a disciplinary proceeding or other activity
15performed in good faith as a member of the Board, except for
16willful or wanton misconduct.
 
17    Section 50. Qualifications.
18    (a) A person is qualified for licensure as a midwife if
19that person meets each of the following qualifications:
20        (1) He or she has earned an associate's degree or
21    higher, or the equivalent of an associate's degree or
22    higher, in either nursing or midwifery from an accredited
23    post-secondary institution or has earned a general
24    associates degree or its equivalent, including completion
25    of all of the following coursework from an accredited

 

 

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1    post-secondary institution in the following denominations:
2            (A) Laboratory Science (must include coursework in
3        Anatomy and Physiology and Microbiology): 12 credit
4        hours.
5            (B) English or Communications: 6 credit hours.
6            (C) Social and Behavioral Science (Sociology and
7        Psychology): 6 credit hours.
8            (D) Math: 3 credit hours.
9            (E) Nutrition: 3 credit hours.
10            (F) Pharmacology: 3 credit hours.
11        (2) He or she has successfully completed a program of
12    midwifery education approved by the North American
13    Registry of Midwives that includes both didactic and
14    clinical internship experience, the sum of which, on
15    average, takes 3 to 5 years to complete.
16        (3) He or she has passed a written and practical skills
17    examination for the practice of midwifery that has been
18    developed following the standards set by the National
19    Commission for Certifying Agencies or a successor
20    organization and is administered by the North American
21    Registry of Midwives.
22        (4) He or she holds a valid CPM credential granted by
23    the North American Registry of Midwives.
24    (b) Before August 31, 2012, a person seeking licensure as a
25licensed midwife who has not met the educational requirements
26set forth in this Section shall be qualified for licensure if

 

 

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1that person does all of the following:
2        (1) Submits evidence of having successfully passed the
3    national certification exam described in subsection (a) of
4    this Section prior to January 1, 2006.
5        (2) Submits evidence of current certification in adult
6    CPR and infant CPR or neonatal resuscitation.
7        (3) Has continually maintained active, up-to-date
8    recertification status as a certified professional midwife
9    with the North American Registry of Midwives.
10        (4) Submits evidence of practice for at least 5 years
11    as a midwife delivering in an out-of-hospital setting.
12    (c) Nothing used in submitting evidence of practice of
13midwifery when applying for licensure under this Act shall be
14used as evidence or to take legal action against the applicant
15regarding the practice of midwifery, nursing, or medicine prior
16to the passage of this Act.
 
17    Section 55. Social Security Number on application. In
18addition to any other information required to be contained in
19the application, every application for an original, renewal,
20reinstated, or restored license under this Act shall include
21the applicant's Social Security Number.
 
22    Section 60. Continuing education.
23    (a) The Department shall require all licensed midwives to
24submit proof of the completion of at least 25 hours of

 

 

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1continuing education in classes approved by the North American
2Registry of Midwives and 5 hours of peer review per 3-year
3license renewal cycle.
4    (b) Rules adopted under this Act shall require the licensed
5midwife to maintain CPM certification by meeting all the
6requirements set forth by the North American Registry of
7Midwives or to maintain CNM or CM certification by meeting all
8the requirements set forth by the American Midwifery
9Certification Board.
10    (c) Each licensee is responsible for maintaining records of
11completion of continuing education and shall be prepared to
12produce the records when requested by the Department.
 
13    Section 65. Inactive status.
14    (a) A licensed midwife who notifies the Department in
15writing on forms prescribed by the Department may elect to
16place his or her license on an inactive status and shall be
17excused from payment of renewal fees until he or she notifies
18the Department in writing of his or her intent to restore the
19license.
20    (b) A licensed midwife whose license is on inactive status
21may not practice licensed midwifery in the State of Illinois.
22    (c) A licensed midwife requesting restoration from
23inactive status shall be required to pay the current renewal
24fee and to restore his or her license, as provided by the
25Department.

 

 

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1    (d) Any licensee who engages in the practice of midwifery
2while his or her license is lapsed or on inactive status shall
3be considered to be practicing without a license, which shall
4be grounds for discipline.
 
5    Section 70. Renewal, reinstatement, or restoration of
6licensure; military service.
7    (a) The expiration date and renewal period for each license
8issued under this Act shall be set by the Department.
9    (b) All renewal applicants shall provide proof of having
10met the requirements of continuing education set forth by the
11North American Registry of Midwives. The Department shall
12provide for an orderly process for the reinstatement of
13licenses that have not been renewed due to failure to meet
14continuing education requirements.
15    (c) Any licensed midwife who has permitted his or her
16license to expire or who has had his or her license on inactive
17status may have his or her license restored by making
18application to the Department and filing proof acceptable to
19the Department of fitness to have the license restored and by
20paying the required fees. Proof of fitness may include evidence
21attesting to active lawful practice in another jurisdiction.
22    (d) The Department shall determine, by an evaluation
23program, fitness for restoration of a license under this
24Section and shall establish procedures and requirements for
25restoration.

 

 

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1    (e) Any licensed midwife whose license expired while he or
2she was (i) in federal service on active duty with the Armed
3Forces of the United States or the State Militia and called
4into service or training or (ii) in training or education under
5the supervision of the United States preliminary to induction
6into the military service may have his or her license restored
7without paying any lapsed renewal fees, if, within 2 years
8after honorable termination of service, training, or
9education, he or she furnishes the Department with satisfactory
10evidence to the effect that he or she has been so engaged.
 
11    Section 75. Roster. The Department shall maintain a roster
12of the names and addresses of all licensees and of all persons
13whose licenses have been suspended or revoked. This roster
14shall be available upon written request and payment of the
15required fee.
 
16    Section 80. Fees.
17    (a) The Department shall provide for a schedule of fees for
18the administration and enforcement of this Act, including
19without limitation original licensure, renewal, and
20restoration, which fees shall be nonrefundable.
21    (b) All fees collected under this Act shall be deposited
22into the General Professions Dedicated Fund and appropriated to
23the Department for the ordinary and contingent expenses of the
24Department in the administration of this Act.
 

 

 

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1    Section 85. Returned checks; fines. Any person who delivers
2a check or other payment to the Department that is returned to
3the Department unpaid by the financial institution upon which
4it is drawn shall pay to the Department, in addition to the
5amount already owed to the Department, a fine of $50. The fines
6imposed by this Section are in addition to any other discipline
7provided under this Act for unlicensed practice or practice on
8a non-renewed license. The Department shall notify the person
9that fees and fines shall be paid to the Department by
10certified check or money order within 30 calendar days after
11the notification. If, after the expiration of 30 days from the
12date of the notification, the person has failed to submit the
13necessary remittance, the Department shall automatically
14terminate the license or deny the application, without hearing.
15If, after termination or denial, the person seeks a license, he
16or she shall apply to the Department for restoration or
17issuance of the license and pay all fees and fines due to the
18Department. The Department may establish a fee for the
19processing of an application for restoration of a license to
20defray all expenses of processing the application. The
21Secretary may waive the fines due under this Section in
22individual cases where the Secretary finds that the fines would
23be unreasonable or unnecessarily burdensome.
 
24    Section 90. Unlicensed practice; civil penalty. Any person

 

 

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1who practices, offers to practice, attempts to practice, or
2holds himself or herself out to practice midwifery or as a
3midwife without being licensed under this Act shall, in
4addition to any other penalty provided by law, pay a civil
5penalty to the Department in an amount not to exceed $5,000 for
6each offense, as determined by the Department. The civil
7penalty shall be assessed by the Department after a hearing is
8held in accordance with the provisions set forth in this Act
9regarding the provision of a hearing for the discipline of a
10licensee. The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record. The Department may investigate any
15unlicensed activity.
 
16    Section 95. Grounds for disciplinary action. The
17Department may refuse to issue or to renew or may revoke,
18suspend, place on probation, reprimand or take other
19disciplinary action as the Department may deem proper,
20including fines not to exceed $5,000 for each violation, with
21regard to any licensee or license for any one or combination of
22the following causes:
23        (1) Violations of this Act or its rules.
24        (2) Material misstatement in furnishing information to
25    the Department.

 

 

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1        (3) Conviction of any crime under the laws of any U.S.
2    jurisdiction that is (i) a felony, (ii) a misdemeanor, an
3    essential element of which is dishonesty, or (iii) directly
4    related to the practice of the profession.
5        (4) Making any misrepresentation for the purpose of
6    obtaining a license.
7        (5) Professional incompetence or gross negligence.
8        (6) Gross malpractice.
9        (7) Aiding or assisting another person in violating any
10    provision of this Act or its rules.
11        (8) Failing to provide information within 60 days in
12    response to a written request made by the Department.
13        (9) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (10) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    that results in the inability to practice with reasonable
19    judgment, skill, or safety.
20        (11) Discipline by another U.S. jurisdiction or
21    foreign nation if at least one of the grounds for the
22    discipline is the same or substantially equivalent to those
23    set forth in this Act.
24        (12) Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate, or other form of compensation

 

 

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1    for any professional services not actually or personally
2    rendered. This shall not be deemed to include rent or other
3    remunerations paid to an individual, partnership, or
4    corporation by a licensed midwife for the lease, rental, or
5    use of space, owned or controlled by the individual,
6    partnership, corporation, or association.
7        (13) A finding by the Department that the licensee,
8    after having his or her license placed on probationary
9    status, has violated the terms of probation.
10        (14) Abandonment of a patient without cause.
11        (15) Willfully making or filing false records or
12    reports relating to a licensee's practice, including, but
13    not limited to, false records filed with State agencies or
14    departments.
15        (16) Physical illness or mental illness, including,
16    but not limited to, deterioration through the aging process
17    or loss of motor skill that results in the inability to
18    practice the profession with reasonable judgment, skill,
19    or safety.
20        (17) Failure to provide a patient with a copy of his or
21    her record upon the written request of the patient.
22        (18) Conviction by any court of competent
23    jurisdiction, either within or without this State, of any
24    violation of any law governing the practice of licensed
25    midwifery or conviction in this or another state of any
26    crime that is a felony under the laws of this State or

 

 

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1    conviction of a felony in a federal court, if the
2    Department determines, after investigation, that the
3    person has not been sufficiently rehabilitated to warrant
4    the public trust.
5        (19) A finding that licensure has been applied for or
6    obtained by fraudulent means.
7        (20) Being named as a perpetrator in an indicated
8    report by the Department of Healthcare and Family Services
9    under the Abused and Neglected Child Reporting Act and upon
10    proof by clear and convincing evidence that the licensee
11    has caused a child to be an abused child or a neglected
12    child, as defined in the Abused and Neglected Child
13    Reporting Act.
14        (21) Practicing or attempting to practice under a name
15    other than the full name shown on a license issued under
16    this Act.
17        (22) Immoral conduct in the commission of any act, such
18    as sexual abuse, sexual misconduct, or sexual
19    exploitation, related to the licensee's practice.
20        (23) Maintaining a professional relationship with any
21    person, firm, or corporation when the licensed midwife
22    knows or should know that a person, firm, or corporation is
23    violating this Act.
24        (24) Failure to provide satisfactory proof of having
25    participated in approved continuing education programs as
26    determined by the Board and approved by the Secretary.

 

 

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1    Exceptions for extreme hardships are to be defined by the
2    Department.
3    (b) The Department may refuse to issue or may suspend the
4license of any person who fails to (i) file a tax return or to
5pay the tax, penalty, or interest shown in a filed return or
6(ii) pay any final assessment of the tax, penalty, or interest,
7as required by any tax Act administered by the Illinois
8Department of Revenue, until the time that the requirements of
9that tax Act are satisfied.
10    (c) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension shall
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission,
16the issuance of an order so finding and discharging the
17patient, and the recommendation of the Board to the Secretary
18that the licensee be allowed to resume his or her practice.
19    (d) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel any person licensed
21to practice under this Act or who has applied for licensure or
22certification pursuant to this Act to submit to a mental or
23physical examination, or both, as required by and at the
24expense of the Department. The examining physicians shall be
25those specifically designated by the Department. The
26Department may order an examining physician to present

 

 

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1testimony concerning the mental or physical examination of the
2licensee or applicant. No information shall be excluded by
3reason of any common law or statutory privilege relating to
4communications between the licensee or applicant and the
5examining physician. The person to be examined may have, at his
6or her own expense, another physician of his or her choice
7present during all aspects of the examination. Failure of any
8person to submit to a mental or physical examination when
9directed shall be grounds for suspension of a license until the
10person submits to the examination if the Department finds,
11after notice and hearing, that the refusal to submit to the
12examination was without reasonable cause.
13    If the Department finds an individual unable to practice
14because of the reasons set forth in this subsection (d), the
15Department may require that individual to submit to care,
16counseling, or treatment by physicians approved or designated
17by the Department, as a condition, term, or restriction for
18continued, reinstated, or renewed licensure to practice or, in
19lieu of care, counseling, or treatment, the Department may file
20a complaint to immediately suspend, revoke, or otherwise
21discipline the license of the individual. Any person whose
22license was granted, reinstated, renewed, disciplined, or
23supervised subject to such terms, conditions, or restrictions
24and who fails to comply with such terms, conditions, or
25restrictions shall be referred to the Secretary for a
26determination as to whether or not the person shall have his or

 

 

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1her license suspended immediately, pending a hearing by the
2Department.
3    In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 15 days after
6the suspension and completed without appreciable delay. The
7Department may review the person's record of treatment and
8counseling regarding the impairment, to the extent permitted by
9applicable federal statutes and regulations safeguarding the
10confidentiality of medical records.
11    A person licensed under this Act and affected under this
12subsection (d) shall be afforded an opportunity to demonstrate
13to the Department that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
 
16    Section 100. Failure to pay restitution. The Department,
17without further process or hearing, shall suspend the license
18or other authorization to practice of any person issued under
19this Act who has been certified by court order as not having
20paid restitution to a person under Section 8A-3.5 of the
21Illinois Public Aid Code or under Section 46-1 of the Criminal
22Code of 1961. A person whose license or other authorization to
23practice is suspended under this Section is prohibited from
24practicing until restitution is made in full.
 

 

 

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1    Section 105. Injunction; cease and desist order.
2    (a) If a person violates any provision of this Act, the
3Secretary may, in the name of the People of the State of
4Illinois, through the Attorney General or the State's Attorney
5of any county in which the action is brought, petition for an
6order enjoining the violation or enforcing compliance with this
7Act. Upon the filing of a verified petition in court, the court
8may issue a temporary restraining order, without notice or
9bond, and may preliminarily and permanently enjoin the
10violation. If it is established that the person has violated or
11is violating the injunction, the court may punish the offender
12for contempt of court. Proceedings under this Section shall be
13in addition to, and not in lieu of, all other remedies and
14penalties provided by this Act.
15    (b) If any person practices as a licensed midwife or holds
16himself or herself out as a licensed midwife without being
17licensed under the provisions of this Act, then any licensed
18midwife, any interested party, or any person injured thereby
19may, in addition to the Secretary, petition for relief as
20provided in subsection (a) of this Section.
21    (c) Whenever, in the opinion of the Department, any person
22violates any provision of this Act, the Department may issue a
23rule to show cause why an order to cease and desist should not
24be entered against that person. The rule shall clearly set
25forth the grounds relied upon by the Department and shall
26provide a period of 7 days after the date of the rule to file an

 

 

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1answer to the satisfaction of the Department. Failure to answer
2to the satisfaction of the Department shall cause an order to
3cease and desist to be issued immediately.
 
4    Section 110. Violation; criminal penalty.
5    (a) Whoever knowingly practices or offers to practice
6midwifery in this State without being licensed for that purpose
7or exempt under this Act shall be guilty of a Class A
8misdemeanor and, for each subsequent conviction, shall be
9guilty of a Class 4 felony.
10    (b) Any person who is found to have violated any other
11provision of this Act is guilty of a Class A misdemeanor.
12    (c) Notwithstanding any other provision of this Act, all
13criminal fines, moneys, or other property collected or received
14by the Department under this Section or any other State or
15federal statute, including, but not limited to, property
16forfeited to the Department under Section 505 of the Illinois
17Controlled Substances Act or Section 85 of the Methamphetamine
18Control and Community Protection Act, shall be deposited into
19the Professional Regulation Evidence Fund.
 
20    Section 115. Investigation; notice; hearing. The
21Department may investigate the actions of any applicant or of
22any person or persons holding or claiming to hold a license
23under this Act. Before refusing to issue or to renew or taking
24any disciplinary action regarding a license, the Department

 

 

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1shall, at least 30 days prior to the date set for the hearing,
2notify in writing the applicant or licensee of the nature of
3any charges and that a hearing shall be held on a date
4designated. The Department shall direct the applicant or
5licensee to file a written answer with the Board under oath
6within 20 days after the service of the notice and inform the
7applicant or licensee that failure to file an answer shall
8result in default being taken against the applicant or licensee
9and that the license may be suspended, revoked, or placed on
10probationary status or that other disciplinary action may be
11taken, including limiting the scope, nature, or extent of
12practice, as the Secretary may deem proper. Written notice may
13be served by personal delivery or certified or registered mail
14to the respondent at the address of his or her last
15notification to the Department. If the person fails to file an
16answer after receiving notice, his or her license may, in the
17discretion of the Department, be suspended, revoked, or placed
18on probationary status, or the Department may take any
19disciplinary action deemed proper, including limiting the
20scope, nature, or extent of the person's practice or the
21imposition of a fine, without a hearing, if the act or acts
22charged constitute sufficient grounds for such action under
23this Act. At the time and place fixed in the notice, the Board
24shall proceed to hear the charges and the parties or their
25counsel shall be accorded ample opportunity to present such
26statements, testimony, evidence, and argument as may be

 

 

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1pertinent to the charges or to their defense. The Board may
2continue a hearing from time to time.
 
3    Section 120. Formal hearing; preservation of record. The
4Department, at its expense, shall preserve a record of all
5proceedings at the formal hearing of any case. The notice of
6hearing, complaint, and all other documents in the nature of
7pleadings and written motions filed in the proceedings, the
8transcript of testimony, the report of the Board or hearing
9officer, and order of the Department shall be the record of the
10proceeding. The Department shall furnish a transcript of the
11record to any person interested in the hearing upon payment of
12the fee required under Section 2105-115 of the Department of
13Professional Regulation Law.
 
14    Section 125. Witnesses; production of documents; contempt.
15Any circuit court may upon application of the Department or its
16designee or of the applicant or licensee against whom
17proceedings under Section 95 of this Act are pending, enter an
18order requiring the attendance of witnesses and their testimony
19and the production of documents, papers, files, books, and
20records in connection with any hearing or investigation. The
21court may compel obedience to its order by proceedings for
22contempt.
 
23    Section 130. Subpoena; oaths. The Department shall have the

 

 

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1power to subpoena and bring before it any person in this State
2and to take testimony either orally or by deposition or both
3with the same fees and mileage and in the same manner as
4prescribed in civil cases in circuit courts of this State. The
5Secretary, the designated hearing officer, and every member of
6the Board has the power to administer oaths to witnesses at any
7hearing that the Department is authorized to conduct and any
8other oaths authorized in any Act administered by the
9Department. Any circuit court may, upon application of the
10Department or its designee or upon application of the person
11against whom proceedings under this Act are pending, enter an
12order requiring the attendance of witnesses and their
13testimony, and the production of documents, papers, files,
14books, and records in connection with any hearing or
15investigation. The court may compel obedience to its order by
16proceedings for contempt.
 
17    Section 135. Findings of fact, conclusions of law, and
18recommendations. At the conclusion of the hearing the Board
19shall present to the Secretary a written report of its findings
20of fact, conclusions of law, and recommendations. The report
21shall contain a finding as to whether or not the accused person
22violated this Act or failed to comply with the conditions
23required under this Act. The Board shall specify the nature of
24the violation or failure to comply and shall make its
25recommendations to the Secretary.

 

 

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1    The report of findings of fact, conclusions of law, and
2recommendations of the Board shall be the basis for the
3Department's order. If the Secretary disagrees in any regard
4with the report of the Board, the Secretary may issue an order
5in contravention of the report. The finding is not admissible
6in evidence against the person in a criminal prosecution
7brought for the violation of this Act, but the hearing and
8findings are not a bar to a criminal prosecution brought for
9the violation of this Act.
 
10    Section 140. Hearing officer. The Secretary may appoint any
11attorney duly licensed to practice law in the State of Illinois
12to serve as the hearing officer in any action for departmental
13refusal to issue, renew, or license an applicant or for
14disciplinary action against a licensee. The hearing officer
15shall have full authority to conduct the hearing. The hearing
16officer shall report his or her findings of fact, conclusions
17of law, and recommendations to the Board and the Secretary. The
18Board shall have 60 calendar days after receipt of the report
19to review the report of the hearing officer and present its
20findings of fact, conclusions of law, and recommendations to
21the Secretary. If the Board fails to present its report within
22the 60-day period, the Secretary may issue an order based on
23the report of the hearing officer. If the Secretary disagrees
24with the recommendation of the Board or the hearing officer, he
25or she may issue an order in contravention of that

 

 

09600SB3712ham003- 46 -LRB096 19949 ASK 43606 a

1recommendation.
 
2    Section 145. Service of report; motion for rehearing. In
3any case involving the discipline of a license, a copy of the
4Board's report shall be served upon the respondent by the
5Department, either personally or as provided in this Act for
6the service of the notice of hearing. Within 20 days after the
7service, the respondent may present to the Department a motion
8in writing for a rehearing that shall specify the particular
9grounds for rehearing. If no motion for rehearing is filed,
10then upon the expiration of the time specified for filing a
11motion, or if a motion for rehearing is denied, then upon the
12denial, the Secretary may enter an order in accordance with
13this Act. If the respondent orders from the reporting service
14and pays for a transcript of the record within the time for
15filing a motion for rehearing, the 20-day period within which
16the motion may be filed shall commence upon the delivery of the
17transcript to the respondent.
 
18    Section 150. Rehearing. Whenever the Secretary is
19satisfied that substantial justice has not been done in the
20revocation, suspension, or refusal to issue or renew a license,
21the Secretary may order a rehearing by the same or another
22hearing officer or by the Board.
 
23    Section 155. Prima facie proof. An order or a certified

 

 

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1copy thereof, over the seal of the Department and purporting to
2be signed by the Secretary, shall be prima facie proof of the
3following:
4        (1) that the signature is the genuine signature of the
5    Secretary;
6        (2) that such Secretary is duly appointed and
7    qualified; and
8        (3) that the Board and its members are qualified to
9    act.
 
10    Section 160. Restoration of license. At any time after the
11suspension or revocation of any license, the Department may
12restore the license to the accused person, unless after an
13investigation and a hearing the Department determines that
14restoration is not in the public interest.
 
15    Section 165. Surrender of license. Upon the revocation or
16suspension of any license, the licensee shall immediately
17surrender the license to the Department. If the licensee fails
18to do so, the Department shall have the right to seize the
19license.
 
20    Section 170. Summary suspension. The Secretary may
21summarily suspend the license of a licensee under this Act
22without a hearing, simultaneously with the institution of
23proceedings for a hearing provided for in this Act, if the

 

 

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1Secretary finds that evidence in his or her possession
2indicates that continuation in practice would constitute an
3imminent danger to the public. In the event that the Secretary
4summarily suspends a license without a hearing, a hearing by
5the Department must be held within 30 days after the suspension
6has occurred.
 
7    Section 175. Certificate of record. The Department shall
8not be required to certify any record to the court or file any
9answer in court or otherwise appear in any court in a judicial
10review proceeding, unless there is filed in the court, with the
11complaint, a receipt from the Department acknowledging payment
12of the costs of furnishing and certifying the record. Failure
13on the part of the plaintiff to file a receipt in court shall
14be grounds for dismissal of the action.
 
15    Section 180. Administrative Review Law. All final
16administrative decisions of the Department are subject to
17judicial review under the Administrative Review Law and its
18rules. The term "administrative decision" is defined as in
19Section 3-101 of the Code of Civil Procedure.
 
20    Section 185. Illinois Administrative Procedure Act. The
21Illinois Administrative Procedure Act is hereby expressly
22adopted and incorporated in this Act as if all of the
23provisions of such Act were included in this Act, except that

 

 

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1the provision of subsection (d) of Section 10-65 of the
2Illinois Administrative Procedure Act that provides that at
3hearings the licensee has the right to show compliance with all
4lawful requirements for retention, continuation, or renewal of
5the license is specifically excluded. For purposes of this Act,
6the notice required under Section 10-25 of the Illinois
7Administrative Procedure Act is deemed sufficient when mailed
8to the last known address of a party.
 
9    Section 190. Home rule. Pursuant to paragraph (h) of
10Section 6 of Article VII of the Illinois Constitution of 1970,
11the power to regulate and issue licenses for the practice of
12midwifery shall, except as may otherwise be provided within and
13pursuant to the provisions of this Act, be exercised by the
14State and may not be exercised by any unit of local government,
15including home rule units.
 
16    Section 193. Rulemaking conditions. Rulemaking authority
17to implement this Act, if any, is conditioned on the rules
18being adopted in accordance with all provisions of the Illinois
19Administrative Procedure Act and all rules and procedures of
20the Joint Committee on Administrative Rules; any purported rule
21not so adopted, for whatever reason, is unauthorized.
 
22    Section 195. Severability. The provisions of this Act are
23severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1    Section 900. The Regulatory Sunset Act is amended by
2changing Section 4.31 as follows:
 
3    (5 ILCS 80/4.31)
4    Sec. 4.31. Acts Act repealed on January 1, 2021. The
5following Acts are Act is repealed on January 1, 2021:
6    The Crematory Regulation Act.
7    The Cemetery Oversight Act.
8    The Home Birth Safety Act.
9    The Illinois Health Information Exchange and Technology
10Act.
11    The Radiation Protection Act of 1990.
12(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10;
13incorporates P.A. 96-863, eff. 3-1-10; revised 9-9-10.)
 
14    Section 905. The Medical Practice Act of 1987 is amended by
15changing Section 4 as follows:
 
16    (225 ILCS 60/4)  (from Ch. 111, par. 4400-4)
17    (Section scheduled to be repealed on December 31, 2010)
18    Sec. 4. Exemptions.
19    (a) This Act does not apply to the following:
20        (1) persons lawfully carrying on their particular
21    profession or business under any valid existing regulatory
22    Act of this State, including without limitation persons

 

 

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1    engaged in the practice of midwifery who are licensed under
2    the Home Birth Safety Act;
3        (2) persons rendering gratuitous services in cases of
4    emergency;
5        (3) persons treating human ailments by prayer or
6    spiritual means as an exercise or enjoyment of religious
7    freedom; or
8        (4) persons practicing the specified occupations set
9    forth in in subsection (a) of, and pursuant to a licensing
10    exemption granted in subsection (b) or (d) of, Section
11    2105-350 of the Department of Professional Regulation Law
12    of the Civil Administrative Code of Illinois, but only for
13    so long as the 2016 Olympic and Paralympic Games
14    Professional Licensure Exemption Law is operable.
15    (b) (Blank).
16(Source: P.A. 96-7, eff. 4-3-09.)
 
17    Section 910. The Nurse Practice Act is amended by changing
18Section 50-15 as follows:
 
19    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 50-15. Policy; application of Act.
22    (a) For the protection of life and the promotion of health,
23and the prevention of illness and communicable diseases, any
24person practicing or offering to practice advanced,

 

 

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1professional, or practical nursing in Illinois shall submit
2evidence that he or she is qualified to practice, and shall be
3licensed as provided under this Act. No person shall practice
4or offer to practice advanced, professional, or practical
5nursing in Illinois or use any title, sign, card or device to
6indicate that such a person is practicing professional or
7practical nursing unless such person has been licensed under
8the provisions of this Act.
9    (b) This Act does not prohibit the following:
10        (1) The practice of nursing in Federal employment in
11    the discharge of the employee's duties by a person who is
12    employed by the United States government or any bureau,
13    division or agency thereof and is a legally qualified and
14    licensed nurse of another state or territory and not in
15    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
16    this Act.
17        (2) Nursing that is included in the program of study by
18    students enrolled in programs of nursing or in current
19    nurse practice update courses approved by the Department.
20        (3) The furnishing of nursing assistance in an
21    emergency.
22        (4) The practice of nursing by a nurse who holds an
23    active license in another state when providing services to
24    patients in Illinois during a bonafide emergency or in
25    immediate preparation for or during interstate transit.
26        (5) The incidental care of the sick by members of the

 

 

09600SB3712ham003- 53 -LRB096 19949 ASK 43606 a

1    family, domestic servants or housekeepers, or care of the
2    sick where treatment is by prayer or spiritual means.
3        (6) Persons from being employed as unlicensed
4    assistive personnel in private homes, long term care
5    facilities, nurseries, hospitals or other institutions.
6        (7) The practice of practical nursing by one who is a
7    licensed practical nurse under the laws of another U.S.
8    jurisdiction and has applied in writing to the Department,
9    in form and substance satisfactory to the Department, for a
10    license as a licensed practical nurse and who is qualified
11    to receive such license under this Act, until (i) the
12    expiration of 6 months after the filing of such written
13    application, (ii) the withdrawal of such application, or
14    (iii) the denial of such application by the Department.
15        (8) The practice of advanced practice nursing by one
16    who is an advanced practice nurse under the laws of another
17    state, territory of the United States, or country and has
18    applied in writing to the Department, in form and substance
19    satisfactory to the Department, for a license as an
20    advanced practice nurse and who is qualified to receive
21    such license under this Act, until (i) the expiration of 6
22    months after the filing of such written application, (ii)
23    the withdrawal of such application, or (iii) the denial of
24    such application by the Department.
25        (9) The practice of professional nursing by one who is
26    a registered professional nurse under the laws of another

 

 

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1    state, territory of the United States or country and has
2    applied in writing to the Department, in form and substance
3    satisfactory to the Department, for a license as a
4    registered professional nurse and who is qualified to
5    receive such license under Section 55-10, until (1) the
6    expiration of 6 months after the filing of such written
7    application, (2) the withdrawal of such application, or (3)
8    the denial of such application by the Department.
9        (10) The practice of professional nursing that is
10    included in a program of study by one who is a registered
11    professional nurse under the laws of another state or
12    territory of the United States or foreign country,
13    territory or province and who is enrolled in a graduate
14    nursing education program or a program for the completion
15    of a baccalaureate nursing degree in this State, which
16    includes clinical supervision by faculty as determined by
17    the educational institution offering the program and the
18    health care organization where the practice of nursing
19    occurs.
20        (11) Any person licensed in this State under any other
21    Act from engaging in the practice for which she or he is
22    licensed, including without limitation any person engaged
23    in the practice of midwifery who is licensed under the Home
24    Birth Safety Act.
25        (12) Delegation to authorized direct care staff
26    trained under Section 15.4 of the Mental Health and

 

 

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1    Developmental Disabilities Administrative Act consistent
2    with the policies of the Department.
3        (13) The practice, services, or activities of persons
4    practicing the specified occupations set forth in
5    subsection (a) of, and pursuant to a licensing exemption
6    granted in subsection (b) or (d) of, Section 2105-350 of
7    the Department of Professional Regulation Law of the Civil
8    Administrative Code of Illinois, but only for so long as
9    the 2016 Olympic and Paralympic Games Professional
10    Licensure Exemption Law is operable.
11        (14) County correctional personnel from delivering
12    prepackaged medication for self-administration to an
13    individual detainee in a correctional facility.
14    Nothing in this Act shall be construed to limit the
15delegation of tasks or duties by a physician, dentist, or
16podiatrist to a licensed practical nurse, a registered
17professional nurse, or other persons.
18(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
19eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)".