Illinois General Assembly - Full Text of HB3401
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Full Text of HB3401  102nd General Assembly

HB3401enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3401 EnrolledLRB102 14708 SPS 20061 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Licensed Certified Professional Midwife Practice Act.
 
6    Section 5. Purpose. The practice of midwifery in
7out-of-hospital settings is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of the Act is to
10protect and benefit the public by setting standards for the
11qualifications, education, training, and experience of those
12who seek to obtain licensure as a licensed certified
13professional midwife, including requirements to work in
14consultation with hospital based and privileged health care
15professionals to promote high standards of professional
16performance for those licensed to practice midwifery in
17out-of-hospital settings in this State, to promote a
18consultative and integrated maternity care delivery system in
19Illinois with agreed-upon consulting, transfer, and transport
20protocols in use by all health care professionals and licensed
21certified professional midwives across all health care
22settings to maximize client safety and positive outcomes, to
23support accredited education and training as a prerequisite to

 

 

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1licensure, and to protect the public.
 
2    Section 10. Definitions. As used in this Act:
3    "Address of record" means the designated address recorded
4by the Department in the applicant's application file or the
5licensee's licensure file as maintained by the Department.
6    "Antepartum" means before labor or childbirth.
7    "Board" means the Illinois Midwifery Board.
8    "Certified nurse midwife" means an individual licensed
9under the Nurse Practice Act as an advanced practice
10registered nurse and is certified as a nurse midwife.
11    "Client" means a childbearing individual or newborn for
12whom a licensed certified professional midwife provides
13services.
14    "Consultation" means the process by which a licensed
15certified professional midwife seeks the advice or opinion of
16another health care professional.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Email address of record" means the designated email
20address of record by the Department in the applicant's
21application file or the licensee's licensure file as
22maintained by the Department.
23    "Health care professional" means an advanced practice
24registered nurse or a physician licensed to practice medicine
25in all of its branches.

 

 

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1    "Intrapartum" means during labor and delivery or
2childbirth.
3    "Licensed certified professional midwife" means a person
4who has successfully met the requirements under Section 45 of
5this Act.
6    "Low-risk" means a low-risk pregnancy where there is an
7absence of any preexisting maternal disease, significant
8disease arising from the pregnancy, or any condition likely to
9affect the pregnancy, including, but not limited to, those
10listed in Section 85.
11    "Midwife assistant" means a person, at least 18 years of
12age, who performs basic administrative, clerical, and
13supportive services under the supervision of a certified
14professional midwife, is educated to provide both basic and
15emergency care to newborns and mothers during labor, delivery,
16and immediately postpartum, and who maintains Neonatal
17Resuscitation Program provider status and cardiopulmonary
18resuscitation certification.
19    "Midwifery bridge certificate" means a certificate issued
20by the North American Registry of midwives that documents
21completion of accredited continuing education for certified
22professional midwives based upon identified areas to address
23education in emergency skills and other competencies set by
24the international confederation of midwives.
25    "Midwifery Education and Accreditation Council" or "MEAC"
26means the nationally recognized accrediting agency, or its

 

 

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1successor, that establishes standards for the education of
2direct-entry midwives in the United States.
3    "National Association of Certified Professional Midwives"
4or "NACPM" means the professional organization, or its
5successor, that promotes the growth and development of the
6profession of certified professional midwives.
7    "North American Registry of Midwives" or "NARM" means the
8accredited international agency, or its successor
9organization, that has established and has continued to
10administer certification for the credentialing of certified
11professional midwives, including the administration of a
12national competency examination.
13    "Onset of care" means the initial prenatal visit upon an
14agreement between a licensed certified professional midwife
15and client to establish a midwife-client relationship, during
16which the licensed certified professional midwife may take a
17client's medical history, complete an exam, establish a
18client's record, or perform other services related to
19establishing care. "Onset of care" does not include an initial
20interview where information about the licensed certified
21professional midwife's practice is shared but no
22midwife-client relationship is established.
23    "Pediatric health care professional" means a licensed
24physician specializing in the care of children, a family
25practice physician, or an advanced practice registered nurse
26licensed under the Nurse Practice Act and certified as a

 

 

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1Pediatric Nurse Practitioner or Family Nurse Practitioner.
2    "Physician" means a physician licensed under the Medical
3Practice Act of 1987 to practice medicine in all of its
4branches.
5    "Postpartum period" means the first 6 weeks after
6delivery.
7    "Practice of midwifery" means providing the necessary
8supervision, care, and advice to a client during a low-risk
9pregnancy, labor, and the postpartum period, including the
10intended low-risk delivery of a child, and providing normal
11newborn care. "Practice of midwifery" does not include the
12practice of medicine or nursing.
13    "Qualified midwife preceptor" means a licensed and
14experienced midwife or other health professional licensed in
15the State who participated in the clinical education of
16individuals enrolled in a midwifery education institution,
17program, or pathway accredited by the midwifery education
18accreditation council who meet the criteria for midwife
19preceptors by NARM or its successor organization.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation.
22    "Supportive services" means simple routine medical tasks
23and procedures for which the midwife assistant or student
24midwife is appropriately trained.
 
25    Section 15. Address of record; email address of record.

 

 

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1All applicants and licensees shall:
2        (1) provide a valid address and email address to the
3    Department, which shall serve as the address of record and
4    email address of record, respectively, at the time of
5    application for licensure or renewal of licensure; and
6        (2) inform the Department of any change of address of
7    record or email address of record within 14 days after
8    such change either through the Department's website or by
9    contacting the Department.
 
10    Section 20. Social security number on license application.
11In addition to any other information required to be contained
12in an application for licensure under this Act, every
13application for an original license under this Act shall
14include the applicant's social security number, which shall be
15retained in the agency's records pertaining to the license.
16For applicants without a social security number, an individual
17taxpayer identification number shall be provided instead of a
18social security number. As soon as practical, the Department
19shall assign a customer's identification number to each
20applicant for a license. Every application for a renewal or
21restored license shall require the applicant's customer
22identification number.
 
23    Section 25. Exemptions.
24    (a) This Act does not prohibit a person licensed under any

 

 

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1other Act in this State from engaging in the practice for which
2he or she is licensed or from delegating services as provided
3for under the Act.
4    (b) Nothing in this Act shall be construed to prohibit or
5require licensing under this Act with regard to:
6        (1) a traditional birth attendant practicing midwifery
7    without a license if the traditional birth attendant has
8    cultural, indigenous, or religious traditions that have
9    historically included the attendance of traditional birth
10    attendants at births and that birth attendant serves only
11    the women and families in that distinct cultural,
12    indigenous, or religious group;
13        (2) a student midwife practicing midwifery as part of
14    his or her course of study in an accredited midwife
15    institution, program, or pathway under the direction and
16    supervision of a qualified midwife preceptor; and
17        (3) a midwife assistant performing within the scope of
18    his or her responsibilities and duties as defined by rule
19    under the supervision of a licensed certified professional
20    midwife.
21    (c) Nothing in this Act prevents a licensed certified
22professional midwife from assisting a health care
23professional, practicing within his or her scope of practice
24while providing antepartum, intrapartum, or postpartum care.
25    (d) Nothing in this Act abridges, limits, or changes in
26any way the rights of parents to deliver their baby where,

 

 

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1when, how, and with whom they choose, regardless of licensure
2under this Act.
 
3    Section 30. Illinois Midwifery Board.
4    (a) There is created under the authority of the Department
5the Illinois Midwifery Board, which shall consist of 9 members
6appointed by the Secretary: 5 of whom shall be licensed
7certified professional midwives, with initial appointees
8having at least 3 years of experience in the practice of
9midwifery in an out-of-hospital setting, be certified by the
10North American Registry of Midwives, and meet the
11qualifications for licensure set forth in this Act; one of
12whom shall be an Illinois licensed physician who specializes
13in obstetrics; one of whom shall be a certified nurse midwife
14who provides home birth services; one of whom shall be a
15pediatric health care professional; and one of whom shall be a
16public member. Board members shall serve 4-year terms, except
17that in the case of initial appointments, terms shall be
18staggered as follows: 4 members shall serve for 4 years, 3
19members shall serve for 3 years, and 2 members shall serve for
202 years. The Board shall annually elect a chairperson and vice
21chairperson. All board members must be residents of this
22State. All board members, except for the public member, must
23be licensed in good standing and, at the time of appointment,
24actively engaged in their respective professions.
25    (b) Any appointment made to fill a vacancy shall be for the

 

 

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1unexpired portion of the term. Appointments to fill vacancies
2shall be made in the same manner as original appointments. No
3Board member may be reappointed for a term that would cause his
4or her continuous service on the Board to exceed 10 years.
5    (c) Board membership must have a reasonable representation
6from different geographic areas of this State, if possible.
7    (d) The Secretary may solicit board recommendations from
8midwifery organizations.
9    (e) The members of the Board may be reimbursed for all
10legitimate, necessary, and authorized expenses incurred in
11attending the meetings of the Board.
12    (f) The Secretary may remove any member of the Board for
13misconduct, incapacity, or neglect of duty at any time prior
14to the expiration of his or her term.
15    (g) Five Board members shall constitute a quorum. A
16vacancy in the membership of the Board shall not impair the
17right of a quorum to perform all of the duties of the Board.
18    (h) The Board may provide the Department with
19recommendations concerning the administration of this Act and
20may perform each of the following duties:
21        (1) Recommend to the Department the prescription and,
22    from time to time, the revision of any rules that may be
23    necessary to carry out the provisions of this Act,
24    including those that are designed to protect the health,
25    safety, and welfare of the public.
26        (2) Recommend changes to the medication formulary list

 

 

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1    as standards and drug availability change.
2        (3) Participate in disciplinary conferences and
3    hearings.
4        (4) Make recommendations to the Department regarding
5    disciplinary action taken against a licensee as provided
6    under this Act.
7        (5) Recommend the approval, denial of approval, and
8    withdrawal of approval of required education and
9    continuing educational programs.
10    (i) Members of the Board shall be immune from suit in an
11action based upon a disciplinary proceeding or other activity
12performed in good faith as a member of the Board, except for
13willful or wanton misconduct.
 
14    Section 35. Powers and duties of the Department; rules.
15    (a) The Department shall exercise the powers and duties
16prescribed by the Civil Administrative Code of Illinois for
17the administration of licensing Acts and shall exercise such
18other powers and duties necessary for effectuating the
19purposes of this Act.
20    (b) The Secretary shall adopt rules consistent with the
21provisions of this Act for the administration and enforcement
22of this Act and for the payment of fees connected to this Act
23and may prescribe forms that shall be issued in connection
24with this Act.
 

 

 

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1    Section 40. Use of title. No person may use the title
2"licensed midwife", describe or imply that he or she is a
3licensed midwife, or represent himself or herself as a
4licensed midwife unless the person is granted a license under
5this Act or is licensed as an advanced practice registered
6nurse with certification as a nurse midwife.
 
7    Section 45. Licensure.
8    (a) Each applicant who successfully meets the requirements
9of this Section is eligible for licensure as a certified
10professional midwife if the applicant:
11        (1) submits forms prescribed by the Department and
12    accompanied by the required nonrefundable fee;
13        (2) is at least 21 years of age;
14        (3) has successfully completed a licensure examination
15    approved by the Department;
16        (4) holds valid certified professional midwife
17    certification granted by NARM or its successor
18    organization;
19        (5) holds an active cardiopulmonary resuscitation
20    certification;
21        (6) holds an active neonatal resuscitation provider
22    status; and
23        (7) successfully completed a postsecondary midwifery
24    education program through an institution, program, or
25    pathway accredited by the Midwife Education and

 

 

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1    Accreditation Council, that has both academic and clinical
2    practice incorporated throughout the curriculum.
3    (b) A midwife who is certified by NARM, but who has not
4completed a MEAC program, may apply for licensure if he or she:
5        (1) holds a valid certified professional midwife
6    certification granted by NARM or its successor
7    organization for at least 3 years;
8        (2) provides proof of completion of the midwifery
9    bridge certificate granted by NARM and applies within one
10    year of adoption of rules; and
11        (3) provides proof of paragraphs (1) through (6)
12    required under subsection (a).
13    (c) Applicants have 3 years from the date of application
14to complete the application process. If the process has not
15been completed in 3 years, the application shall be denied,
16the fee shall be forfeited, and the applicant must reapply and
17meet the requirements in effect at the time of reapplication.
 
18    Section 50. Endorsement. Upon payment of the required
19nonrefundable fee and submission of required documentation,
20the Department may, in its discretion, license as a certified
21professional midwife, an applicant who is a certified
22professional midwife licensed in another jurisdiction, if the
23requirements for licensure in that jurisdiction were, at the
24time of licensure, substantially equivalent to the
25requirements in force in this State on that date or equivalent

 

 

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1to the requirements of this Act. Applicants have 3 years from
2the date of application to complete the application process.
3If the process has not been completed in 3 years, the
4application shall be denied, the fee shall be forfeited, and
5the applicant must reapply and meet the requirements in effect
6at the time of reapplication.
 
7    Section 55. Expiration; renewal of licensure. The
8expiration date and renewal period for each license issued
9under this Act shall be set by rule. The holder of a license
10may renew the license during the month preceding the
11expiration date of the license by paying the required fee. It
12is the responsibility of the licensee to notify the Department
13in writing of a change of address required for the renewal of a
14license under this Act. Applicants have 3 years from the date
15of application to complete the application process. If the
16process has not been completed in 3 years, the application
17shall be denied, the fee shall be forfeited, and the applicant
18must reapply and meet the requirements in effect at the time of
19reapplication.
20    The Department may adopt rules for continuing education
21for licensed certified professional midwives licensed under
22this Act that require 20 hours of continuing education per
232-year license renewal cycle. The rules shall address
24variances in part or in whole for good cause, including
25without limitation, illness or hardship. The rules must ensure

 

 

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1that licensees are given the opportunity to participate in
2programs sponsored by or through their State or national
3professional associations, hospitals, or other providers of
4continuing education. Each licensee is responsible for
5maintaining records of completion of continuing education and
6shall be prepared to produce the records when requested by the
7Department.
8    Any licensed certified professional midwife who has
9permitted his or her license to expire or who has had his or
10her license on inactive status may have the license restored
11by applying to the Department and filing proof acceptable to
12the Department of his or her fitness to have the license
13restored, and by paying the required fees. Proof of fitness
14may include sworn evidence certifying to active lawful
15practice in another jurisdiction.
16    If the licensed certified professional midwife has not
17maintained an active practice in another jurisdiction
18satisfactory to the Department, the Department shall
19determine, by an evaluation program established by rule, his
20or her fitness for restoration of the license and shall
21establish procedures and requirements for such restoration.
22    However, any licensed certified professional midwife whose
23license expired while he or she was (1) in federal or State
24service on active duty, or (2) in training or education under
25the supervision of the United States preliminary to induction
26into the military service, may have the license restored

 

 

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1without paying any lapsed renewal fees if, within 2 years
2after termination of such service, training, or education, he
3or she furnishes the Department with satisfactory evidence to
4the effect that he or she has been so engaged and that his or
5her service, training, or education has been terminated.
 
6    Section 60. Inactive status. Any licensed certified
7professional midwife who notified the Department in writing on
8forms prescribed by the Department, may elect to place his or
9her license on an inactive status and shall, subject to rules
10of the Department, be excused from payment of renewal fees
11until he or she notifies the Department in writing of his or
12her intention to restore the license.
13    Any licensed certified professional midwife requesting
14restoration from inactive status shall be required to pay the
15current renewal fee and shall be required to restore his or her
16license, as provided in Section 55.
17    Any licensed certified professional midwife whose license
18is in an inactive status shall not practice in the State.
19    Any licensee who engages in practice while his or her
20license is lapsed or on inactive status shall be considered to
21be practicing without a license, which shall be grounds for
22discipline under Section 140.
 
23    Section 65. Informed consent.
24    (a) A licensed certified professional midwife shall, at an

 

 

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1initial prenatal visit with a client, provide and disclose to
2the client orally and in writing all of the following
3information:
4        (1) the licensed certified professional midwife's
5    experience and training;
6        (2) the licensed certified professional midwife holds
7    an active CPR certification and an active neonatal
8    resuscitation provider status;
9        (3) whether the licensed certified professional
10    midwife has malpractice liability insurance coverage and
11    the coverage limits of the policy;
12        (4) a protocol for the handling of both the patient's
13    and the newborn's medical emergencies; this shall include,
14    but not be limited to, obtaining transportation to a
15    hospital particular to each client with identification of
16    the appropriate hospital, providing a verbal report of the
17    care provided to emergency services providers, and sending
18    a copy of the client records with the client at the time of
19    any transfer to a hospital, including obtaining a signed
20    authorization to release the client's medical records to a
21    health care professional or hospital in the event of such
22    emergency transport;
23        (5) a statement informing the client that, in the
24    event of an emergency or voluntary transfer or if
25    subsequent care is required resulting from the acts or
26    omissions of the licensed certified professional midwife,

 

 

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1    no liability for the acts or omissions of the licensed
2    certified professional midwife are assignable to the
3    receiving hospital, health care facility, physician,
4    nurse, emergency personnel, or other medical professional
5    rendering such care; the receiving hospital, health care
6    facility, physician, nurse, emergency medical personnel,
7    hospital, or other medical professional rendering care are
8    responsible for their own acts and omissions;
9        (6) a statement outlining the emergency equipment,
10    drugs, and personnel available to provide appropriate care
11    in the home;
12        (7) the intent to provide at least one midwife
13    assistant or student midwife during intrapartum and
14    immediate postpartum care; and
15        (8) a recommendation that the client preregister with
16    the nearest hospital and explain the benefits of
17    preregistration.
18    (b) A licensed certified professional midwife shall, at an
19initial prenatal visit with a client, provide a copy of the
20written disclosures required under this Section to the client
21and obtain the client's signature and date of signature
22acknowledging that the client has been informed, orally and in
23writing, of the disclosures required.
 
24    Section 70. Scope of practice.
25    (a) A licensed certified professional midwife shall:

 

 

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1        (1) offer each client routine prenatal care and
2    testing in accordance with current American College of
3    Obstetricians and Gynecologists guidelines;
4        (2) provide all clients with a plan for 24 hour
5    on-call availability by a licensed certified professional
6    midwife, certified nurse midwife, or licensed physician
7    throughout pregnancy, intrapartum, and 6 weeks postpartum;
8        (3) provide clients with labor support, fetal
9    monitoring, and routine assessment of vital signs once
10    active labor is established;
11        (4) supervise delivery of infant and placenta, assess
12    newborn and maternal well-being in immediate postpartum,
13    and perform an Apgar score assessment;
14        (5) perform routine cord management and inspect for an
15    appropriate number of vessels;
16        (6) inspect the placenta and membranes for
17    completeness;
18        (7) inspect the perineum and vagina postpartum for
19    lacerations and stabilize if necessary;
20        (8) observe the childbearing individual and newborn
21    postpartum until stable condition is achieved, but in no
22    event for less than 2 hours;
23        (9) instruct the childbearing individual, spouse, and
24    other support persons, both verbally and in writing, of
25    the special care and precautions for both the childbearing
26    individual and newborn in the immediate postpartum period;

 

 

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1        (10) reevaluate maternal and newborn well-being within
2    36 hours of delivery;
3        (11) notify a pediatric health care professional
4    within 72 hours after delivery;
5        (12) use universal precautions with all biohazard
6    materials;
7        (13) ensure that a birth certificate is accurately
8    completed and filed in accordance with the Department of
9    Public Health;
10        (14) offer to obtain and submit a blood sample in
11    accordance with the recommendations for metabolic
12    screening of the newborn;
13        (15) offer an injection of vitamin K for the newborn
14    in accordance with the indication, dose, and
15    administration route as authorized in subsection (b);
16        (16) within one week of delivery, offer a newborn
17    hearing screening to every newborn or refer the parents to
18    a facility with a newborn hearing screening program;
19        (17) within 2 hours of the birth, offer the
20    administration of antibiotic ointment into the eyes of the
21    newborn, in accordance with the Infant Eye Disease Act;
22    and
23        (18) maintain adequate antenatal and perinatal records
24    of each client and provide records to consulting licensed
25    physicians and licensed certified nurse midwives, in
26    accordance with regulations promulgated under the Health

 

 

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1    Insurance Portability and Accountability Act of 1996.
2    (b) A licensed certified professional midwife may obtain
3and administer the following during the practice of midwifery:
4        (1) oxygen for the treatment of fetal distress;
5        (2) eye prophylactics, either 0.5% erythromycin
6    ophthalmic ointment or 1% tetracycline ophthalmic ointment
7    for the prevention of neonatal ophthalmia;
8        (3) oxytocin, pitocin, or misoprostol as a postpartum
9    antihemorrhagic agent;
10        (4) methylergonovine or methergine for the treatment
11    of postpartum hemorrhage;
12        (5) vitamin K for the prophylaxis of hemorrhagic
13    disease of the newborn;
14        (6) Rho (D) immune globulin for the prevention of Rho
15    (D) sensitization in Rho (D) negative individuals;
16        (7) intravenous fluids for maternal stabilization,
17    including lactated Ringer's solution, or with 5% dextrose
18    unless unavailable or impractical, in which case 0.09%
19    sodium chloride may be administered;
20        (8) administer antibiotics as prophylactic for GBS in
21    accordance with current ACOG protocols as provided by
22    Department rule;
23        (9) ibuprofen for postpartum pain relief;
24        (10) lidocaine injection as a local anesthetic for
25    perineal repair; and
26        (11) sterile water subcutaneous injections as a

 

 

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1    non-pharmaceutical form of pain relief during the first
2    and second stages of labor.
3    The Department may approve by rule additional medications,
4agents, or procedures based upon updated evidence-based
5obstetrical guidelines or based upon limited availability of
6standard medications or agents.
7    (c) A licensed certified professional midwife shall plan
8for at least 2 licensed certified professional midwives or a
9licensed certified professional midwife and a midwife
10assistant or student midwife to be present at all
11out-of-hospital births.
 
12    Section 75. Consultation and referral.
13    (a) A licensed certified professional midwife shall
14consult with a licensed physician or a certified nurse midwife
15providing obstetrical care whenever there are significant
16deviations, including abnormal laboratory results, relative to
17a client's pregnancy or to a neonate. If a referral to a
18physician or certified nurse midwife is needed, the licensed
19certified professional midwife shall refer the client to a
20physician or certified nurse midwife and, if possible, remain
21in consultation with the physician until resolution of the
22concern. Consultation does not preclude the possibility of an
23out-of-hospital birth. It is appropriate for the licensed
24certified professional midwife to maintain care of the client
25to the greatest degree possible, in accordance with the

 

 

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1client's wishes, during the pregnancy and, if possible, during
2labor, birth, and the postpartum period.
3    (b) A licensed certified professional midwife shall
4consult with a licensed physician or a certified nurse midwife
5with regard to any childbearing individual who presents with
6or develops the following risk factors or presents with or
7develops other risk factors that, in the judgment of the
8licensed certified professional midwife, warrant consultation:
9        (1) Antepartum:
10            (A) pregnancy induced hypertension, as evidenced
11        by a blood pressure of 140/90 on 2 occasions greater
12        than 6 hours apart;
13            (B) persistent, severe headaches, epigastric pain,
14        or visual disturbances;
15            (C) persistent symptoms of urinary tract
16        infection;
17            (D) significant vaginal bleeding before the onset
18        of labor not associated with uncomplicated spontaneous
19        abortion;
20            (E) rupture of membranes prior to the 37th week
21        gestation;
22            (F) noted abnormal decrease in or cessation of
23        fetal movement;
24            (G) anemia resistant to supplemental therapy;
25            (H) fever of 102 degrees Fahrenheit or 39 degrees
26        Celsius or greater for more than 24 hours;

 

 

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1            (I) non-vertex presentation after 38 weeks
2        gestation;
3            (J) hyperemesis or significant dehydration;
4            (K) isoimmunization, Rh-negative sensitized,
5        positive titers, or any other positive antibody titer,
6        which may have a detrimental effect on the
7        childbearing individual or fetus;
8            (L) elevated blood glucose levels unresponsive to
9        dietary management;
10            (M) positive HIV antibody test;
11            (N) primary genital herpes infection in pregnancy;
12            (O) symptoms of malnutrition or anorexia or
13        protracted weight loss or failure to gain weight;
14            (P) suspected deep vein thrombosis;
15            (Q) documented placental anomaly or previa;
16            (R) documented low-lying placenta in a
17        childbearing individual with history of previous
18        cesarean delivery;
19            (S) labor prior to the 37th week of gestation;
20            (T) history of prior uterine incision;
21            (U) lie other than vertex at term;
22            (V) multiple gestation;
23            (W) known fetal anomalies that may be affected by
24        the site of birth;
25            (X) marked abnormal fetal heart tones;
26            (Y) abnormal non-stress test or abnormal

 

 

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1        biophysical profile;
2            (Z) marked or severe polyhydramnios or
3        oligohydramnios;
4            (AA) evidence of intrauterine growth restriction;
5            (BB) significant abnormal ultrasound findings; or
6            (CC) gestation beyond 42 weeks by reliable
7        confirmed dates;
8        (2) Intrapartum:
9            (A) rise in blood pressure above baseline, more
10        than 30/15 points or greater than 140/90;
11            (B) persistent, severe headaches, epigastric pain
12        or visual disturbances;
13            (C) significant proteinuria or ketonuria;
14            (D) fever over 100.6 degrees Fahrenheit or 38
15        degrees Celsius in absence of environmental factors;
16            (E) ruptured membranes without onset of
17        established labor after 18 hours;
18            (F) significant bleeding prior to delivery or any
19        abnormal bleeding, with or without abdominal pain or
20        evidence of placental abruption;
21            (G) lie not compatible with spontaneous vaginal
22        delivery or unstable fetal lie;
23            (H) failure to progress after 5 hours of active
24        labor or following 2 hours of active second stage
25        labor;
26            (I) signs or symptoms of maternal infection;

 

 

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1            (J) active genital herpes at onset of labor;
2            (K) fetal heart tones with non-reassuring
3        patterns;
4            (L) signs or symptoms of fetal distress;
5            (M) thick meconium or frank bleeding with birth
6        not imminent; or
7            (N) client or licensed certified professional
8        midwife desires physician consultation or transfer;
9        (3) Postpartum:
10            (A) failure to void within 6 hours of birth;
11            (B) signs or symptoms of maternal shock;
12            (C) fever of 102 degrees Fahrenheit or 39 degrees
13        Celsius and unresponsive to therapy for 12 hours;
14            (D) abnormal lochia or signs or symptoms of
15        uterine sepsis;
16            (E) suspected deep vein thrombosis; or
17            (F) signs of clinically significant depression.
18    (c) A licensed certified professional midwife shall
19consult with a licensed physician or certified nurse midwife
20with regard to any neonate who is born with or develops the
21following risk factors:
22        (1) Apgar score of 6 or less at 5 minutes without
23    significant improvement by 10 minutes;
24        (2) persistent grunting respirations or retractions;
25        (3) persistent cardiac irregularities;
26        (4) persistent central cyanosis or pallor;

 

 

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1        (5) persistent lethargy or poor muscle tone;
2        (6) abnormal cry;
3        (7) birth weight less than 2,300 grams;
4        (8) jitteriness or seizures;
5        (9) jaundice occurring before 24 hours or outside of
6    normal range;
7        (10) failure to urinate within 24 hours of birth;
8        (11) failure to pass meconium within 48 hours of
9    birth;
10        (12) edema;
11        (13) prolonged temperature instability;
12        (14) significant signs or symptoms of infection;
13        (15) significant clinical evidence of glycemic
14    instability;
15        (16) abnormal, bulging, or depressed fontanel;
16        (17) significant clinical evidence of prematurity;
17        (18) medically significant congenital anomalies;
18        (19) significant or suspected birth injury;
19        (20) persistent inability to suck;
20        (21) diminished consciousness;
21        (22) clinically significant abnormalities in vital
22    signs, muscle tone, or behavior;
23        (23) clinically significant color abnormality,
24    cyanotic, or pale or abnormal perfusion;
25        (24) abdominal distension or projectile vomiting; or
26        (25) signs of clinically significant dehydration or

 

 

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1    failure to thrive.
2    (d) Consultation with a health care professional does not
3establish a formal relationship with the client. Consultation
4does not establish a formal relationship between a licensed
5certified professional midwife and another health care
6professional.
 
7    Section 80. Transfer.
8    (a) Transport via private vehicle is an acceptable method
9of transport if it is the most expedient and safest method for
10accessing medical services. The licensed certified
11professional midwife shall initiate immediate transport
12according to the licensed certified professional midwife's
13emergency plan, provide emergency stabilization until
14emergency medical services arrive or transfer is completed,
15accompany the client or follow the client to a hospital in a
16timely fashion, and provide pertinent information to the
17receiving facility and complete an emergency transport record.
18    (b) A licensed certified professional midwife must
19establish a written protocol for the handling of both the
20patient's and newborn's medical emergencies, including
21transportation to a hospital, particular to each client, with
22identification of the appropriate hospital. A verbal report of
23the care provided must be provided to emergency services
24providers and a copy of the client records shall be sent with
25the client at the time of any transfer to a hospital, including

 

 

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1obtaining a signed authorization to release the client's
2medical records to a health care professional or hospital in
3the event of such emergency.
 
4    Section 85. Prohibited practices.
5    (a) A licensed certified professional midwife may not do
6any of the following:
7        (1) administer prescription pharmacological agents
8    intended to induce or augment labor;
9        (2) administer prescription pharmacological agents to
10    provide pain management;
11        (3) use vacuum extractors or forceps;
12        (4) prescribe medications;
13        (5) provide out-of-hospital care to a childbearing
14    individual who has had a previous cesarean section;
15        (6) perform abortions or surgical procedures,
16    including, but not limited to, cesarean sections and
17    circumcisions, except for an emergency episiotomy;
18        (7) knowingly accept responsibility for prenatal or
19    intrapartum care of a client with any of the following
20    risk factors:
21            (A) chronic significant maternal cardiac,
22        pulmonary, renal, or hepatic disease;
23            (B) malignant disease in an active phase;
24            (C) significant hematological disorders,
25        coagulopathies, or pulmonary embolism;

 

 

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1            (D) insulin requiring diabetes mellitus;
2            (E) known maternal congenital abnormalities
3        affecting childbirth;
4            (F) confirmed isoimmunization, Rh disease with
5        positive titer;
6            (G) active tuberculosis;
7            (H) active syphilis or gonorrhea;
8            (I) active genital herpes infection 2 weeks prior
9        to labor or in labor;
10            (J) pelvic or uterine abnormalities affecting
11        normal vaginal births, including tumors and
12        malformations;
13            (K) alcoholism or alcohol abuse;
14            (L) drug addiction or abuse; or
15            (M) confirmed AIDS status.
16    (b) A licensed certified professional midwife shall not
17administer Schedule II through IV controlled substances.
18Subject to a prescription by a health care professional,
19Schedule V controlled substances may be administered by
20licensed certified professional midwives.
 
21    Section 90. Annual Reports.
22    (a) A licensed certified professional midwife shall
23annually report to the Department of Public Health, by no
24later than March 31 of each year, in a manner specified by the
25Department of Public Health, the following information

 

 

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1regarding cases in which the licensed certified professional
2midwife assisted during the previous calendar year when the
3intended place of birth at the onset of care was an
4out-of-hospital setting:
5        (1) the total number of patients served at the onset
6    of care;
7        (2) the number, by county, of live births attended;
8        (3) the number, by county, of cases of fetal demise,
9    infant deaths, and maternal deaths attended at the
10    discovery of the demise or death;
11        (4) the number of women whose care was transferred to
12    another health care professional during the antepartum
13    period and the reason for transfer;
14        (5) the number, reason for, and outcome of each
15    nonemergency hospital transfer during the intrapartum or
16    postpartum period;
17        (6) the number, reason for, and outcome of each urgent
18    or emergency transport of an expectant childbearing
19    individual in the antepartum period;
20        (7) the number, reason for, and outcome of each urgent
21    or emergency transport of an infant or childbearing
22    individual during the intrapartum or immediate postpartum
23    period;
24        (8) the number of planned out-of-hospital births at
25    the onset of labor and the number of births completed in an
26    out-of-hospital setting;

 

 

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1        (9) a brief description of any complications resulting
2    in the morbidity or mortality of a childbearing individual
3    or a neonate; and
4        (10) any other information required by rule by the
5    Department of Public Health.
6    (b) The Board shall maintain the confidentiality of any
7report under subsection (d).
8    (c) Notwithstanding any other provision of law, a licensed
9certified professional midwife shall be subject to the same
10reporting requirements as other health care professionals who
11provide care to individuals.
12    (d) Reports are confidential under Section 180 of this
13Act.
 
14    Section 95. Vicarious liability.
15    (a) Consultation with a physician or advanced practice
16registered nurse does not alone create a physician-patient or
17advanced practice registered nurse-patient relationship or any
18other relationship with the physician or advanced practice
19registered nurse. The informed consent shall specifically
20state that the licensed certified professional midwife and any
21consulting physician or advanced practice registered nurse are
22not employees, partners, associates, agents, or principals of
23one another. The licensed certified professional midwife shall
24inform the patient that he or she is independently licensed
25and practicing midwifery and in that regard is solely

 

 

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1responsible for the services he or she provides.
2    (b) Nothing in this Act is intended to expand or limit the
3malpractice liability of physicians, advanced practice
4registered nurses, licensed certified professional midwives,
5or other health care professionals, hospitals, or other health
6care institutions beyond the limits existing in current
7Illinois statutory and common law; however, no physician,
8nurse, emergency medical personnel, hospital, or other health
9care institution shall be liable for any act or omission
10resulting from the provision of services by any licensed
11certified professional midwife solely on the basis that the
12physician, nurse, emergency medical personnel, hospital, or
13other health care institution has consulted with or accepted a
14referral from the licensed certified professional midwife. The
15physician, nurse, licensed certified professional midwife,
16emergency medical personnel, hospital, or other health care
17institution providing care are responsible for their own acts
18and omissions.
 
19    Section 100. Grounds for disciplinary action.
20    (a) The Department may refuse to issue or to renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary or non-disciplinary action with regard to any
23license issued under this Act as the Department may deem
24proper, including the issuance of fines not to exceed $10,000
25for each violation, for any one or combination of the

 

 

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1following causes:
2        (1) Material misstatement in furnishing information to
3    the Department.
4        (2) Violations of this Act, or the rules adopted under
5    this Act.
6        (3) Conviction by plea of guilty or nolo contendere,
7    finding of guilt, jury verdict, or entry of judgment or
8    sentencing, including, but not limited to, convictions,
9    preceding sentences of supervision, conditional discharge,
10    or first offender probation, under the laws of any
11    jurisdiction of the United States that is: (i) a felony;
12    or (ii) a misdemeanor, an essential element of which is
13    dishonesty, or that is directly related to the practice of
14    the profession.
15        (4) Making any misrepresentation for the purpose of
16    obtaining licenses.
17        (5) Professional incompetence.
18        (6) Aiding or assisting another person in violating
19    any provision of this Act or its rules.
20        (7) Failing, within 60 days, to provide information in
21    response to a written request made by the Department.
22        (8) Engaging in dishonorable, unethical, or
23    unprofessional conduct, as defined by rule, of a character
24    likely to deceive, defraud, or harm the public.
25        (9) Habitual or excessive use or addiction to alcohol,
26    narcotics, stimulants, or any other chemical agent or drug

 

 

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1    that results in a midwife's inability to practice with
2    reasonable judgment, skill, or safety.
3        (10) Discipline by another U.S. jurisdiction or
4    foreign nation, if at least one of the grounds for
5    discipline is the same or substantially equivalent to
6    those set forth in this Section.
7        (11) Directly or indirectly giving to or receiving
8    from any person, firm, corporation, partnership, or
9    association any fee, commission, rebate or other form of
10    compensation for any professional services not actually or
11    personally rendered. Nothing in this paragraph affects any
12    bona fide independent contractor or employment
13    arrangements, including provisions for compensation,
14    health insurance, pension, or other employment benefits,
15    with persons or entities authorized under this Act for the
16    provision of services within the scope of the licensee's
17    practice under this Act.
18        (12) A finding by the Department that the licensee,
19    after having his or her license placed on probationary
20    status, has violated the terms of probation.
21        (13) Abandonment of a patient.
22        (14) Willfully making or filing false records or
23    reports in his or her practice, including, but not limited
24    to, false records filed with state agencies or
25    departments.
26        (15) Willfully failing to report an instance of

 

 

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1    suspected child abuse or neglect as required by the Abused
2    and Neglected Child Reporting Act.
3        (16) Physical illness, or mental illness or impairment
4    that results in the inability to practice the profession
5    with reasonable judgment, skill, or safety, including, but
6    not limited to, deterioration through the aging process or
7    loss of motor skill.
8        (17) Being named as a perpetrator in an indicated
9    report by the Department of Children and Family Services
10    under the Abused and Neglected Child Reporting Act, and
11    upon proof by clear and convincing evidence that the
12    licensee has caused a child to be an abused child or
13    neglected child as defined in the Abused and Neglected
14    Child Reporting Act.
15        (18) Gross negligence resulting in permanent injury or
16    death of a patient.
17        (19) Employment of fraud, deception, or any unlawful
18    means in applying for or securing a license as a licensed
19    certified profession midwife.
20        (21) Immoral conduct in the commission of any act,
21    including sexual abuse, sexual misconduct, or sexual
22    exploitation related to the licensee's practice.
23        (22) Violation of the Health Care Worker Self-Referral
24    Act.
25        (23) Practicing under a false or assumed name, except
26    as provided by law.

 

 

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1        (24) Making a false or misleading statement regarding
2    his or her skill or the efficacy or value of the medicine,
3    treatment, or remedy prescribed by him or her in the
4    course of treatment.
5        (25) Allowing another person to use his or her license
6    to practice.
7        (26) Prescribing, selling, administering,
8    distributing, giving, or self-administering a drug
9    classified as a controlled substance for purposes other
10    than medically-accepted therapeutic purposes.
11        (27) Promotion of the sale of drugs, devices,
12    appliances, or goods provided for a patient in a manner to
13    exploit the patient for financial gain.
14        (28) A pattern of practice or other behavior that
15    demonstrates incapacity or incompetence to practice under
16    this Act.
17        (29) Violating State or federal laws, rules, or
18    regulations relating to controlled substances or other
19    legend drugs or ephedra as defined in the Ephedra
20    Prohibition Act.
21        (30) Failure to establish and maintain records of
22    patient care and treatment as required by law.
23        (31) Attempting to subvert or cheat on the examination
24    of the North American Registry of Midwives or its
25    successor agency.
26        (32) Willfully or negligently violating the

 

 

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1    confidentiality between licensed certified profession
2    midwives and patient, except as required by law.
3        (33) Willfully failing to report an instance of
4    suspected abuse, neglect, financial exploitation, or
5    self-neglect of an eligible adult as defined in and
6    required by the Adult Protective Services Act.
7        (34) Being named as an abuser in a verified report by
8    the Department on Aging under the Adult Protective
9    Services Act and upon proof by clear and convincing
10    evidence that the licensee abused, neglected, or
11    financially exploited an eligible adult as defined in the
12    Adult Protective Services Act.
13        (35) Failure to report to the Department an adverse
14    final action taken against him or her by another licensing
15    jurisdiction of the United States or a foreign state or
16    country, a peer review body, a health care institution, a
17    professional society or association, a governmental
18    agency, a law enforcement agency, or a court.
19        (36) Failure to provide copies of records of patient
20    care or treatment, except as required by law.
21        (37) Failure of a licensee to report to the Department
22    surrender by the licensee of a license or authorization to
23    practice in another state or jurisdiction or current
24    surrender by the licensee of membership professional
25    association or society while under disciplinary
26    investigation by any of those authorities or bodies for

 

 

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1    acts or conduct similar to acts or conduct that would
2    constitute grounds for action under this Section.
3        (38) Failing, within 90 days, to provide a response to
4    a request for information in response to a written request
5    made by the Department by certified or registered mail or
6    by email to the email address of record.
7        (39) Failure to supervise a midwife assistant or
8    student midwife including, but not limited to, allowing a
9    midwife assistant or student midwife to exceed their
10    scope.
11        (40) Failure to adequately inform a patient about
12    their malpractice liability insurance coverage and the
13    policy limits of the coverage.
14        (41) Failure to submit an annual report to Department
15    of Public Health.
16        (42) Failure to disclose active cardiopulmonary
17    resuscitation certification or neonatal resuscitation
18    provider status to clients.
19        (43) Engaging in one of the prohibited practices
20    provided for in Section 85 of this Act.
21    (b) The Department may, without a hearing, refuse to issue
22or renew or may suspend the license of any person who fails to
23file a return, or to pay the tax, penalty, or interest shown in
24a filed return, or to pay any final assessment of the tax,
25penalty, or interest as required by any tax Act administered
26by the Department of Revenue, until the requirements of any

 

 

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1such tax Act are satisfied.
2    (c) The determination by a circuit court that a licensee
3is subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code operates as an automatic suspension. The suspension will
6end only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission
8and issues an order so finding and discharging the patient,
9and upon the recommendation of the Board to the Secretary that
10the licensee be allowed to resume his or her practice.
11    (d) In enforcing this Section, the Department, upon a
12showing of a possible violation, may compel an individual
13licensed to practice under this Act, or who has applied for
14licensure under this Act, to submit to a mental or physical
15examination, or both, including a substance abuse or sexual
16offender evaluation, as required by and at the expense of the
17Department.
18    The Department shall specifically designate the examining
19physician licensed to practice medicine in all of its branches
20or, if applicable, the multidisciplinary team involved in
21providing the mental or physical examination or both. The
22multidisciplinary team shall be led by a physician licensed to
23practice medicine in all of its branches and may consist of one
24or more or a combination of physicians licensed to practice
25medicine in all of its branches, licensed clinical
26psychologists, licensed clinical social workers, licensed

 

 

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1clinical professional counselors, and other professional and
2administrative staff. Any examining physician or member of the
3multidisciplinary team may require any person ordered to
4submit to an examination pursuant to this Section to submit to
5any additional supplemental testing deemed necessary to
6complete any examination or evaluation process, including, but
7not limited to, blood testing, urinalysis, psychological
8testing, or neuropsychological testing.
9    The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed.
14    The Department may order the examining physician or any
15member of the multidisciplinary team to present testimony
16concerning the mental or physical examination of the licensee
17or applicant. No information, report, record, or other
18documents in any way related to the examination shall be
19excluded by reason of any common law or statutory privilege
20relating to communications between the licensee or applicant
21and the examining physician or any member of the
22multidisciplinary team. No authorization is necessary from the
23licensee or applicant ordered to undergo an examination for
24the examining physician or any member of the multidisciplinary
25team to provide information, reports, records, or other
26documents or to provide any testimony regarding the

 

 

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1examination and evaluation.
2    The individual to be examined may have, at his or her own
3expense, another physician of his or her choice present during
4all aspects of this examination. However, that physician shall
5be present only to observe and may not interfere in any way
6with the examination.
7    Failure of an individual to submit to a mental or physical
8examination, when ordered, shall result in an automatic
9suspension of his or her license until the individual submits
10to the examination.
11    If the Department finds an individual unable to practice
12because of the reasons set forth in this Section, the
13Department may require that individual to submit to care,
14counseling, or treatment by physicians approved or designated
15by the Department, as a condition, term, or restriction for
16continued, reinstated, or renewed licensure to practice; or,
17in lieu of care, counseling, or treatment, the Department may
18file a complaint to immediately suspend, revoke, or otherwise
19discipline the license of the individual. An individual whose
20license was granted, continued, reinstated, renewed,
21disciplined, or supervised subject to such terms, conditions,
22or restrictions, and who fails to comply with such terms,
23conditions, or restrictions, shall be referred to the
24Secretary for a determination as to whether the individual
25shall have his or her license suspended immediately, pending a
26hearing by the Department.

 

 

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1    In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that
3person's license must be convened by the Department within 30
4days after the suspension and completed without appreciable
5delay. The Department shall have the authority to review the
6subject individual's record of treatment and counseling
7regarding the impairment to the extent permitted by applicable
8federal statutes and regulations safeguarding the
9confidentiality of medical records.
10    An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate
12to the Department that he or she can resume practice in
13compliance with acceptable and prevailing standards under the
14provisions of his or her license.
 
15    Section 105. Suspension of license for failure to pay
16restitution. The Department, without further process or
17hearing, shall suspend the license or other authorization to
18practice of any person issued under this Act who has been
19certified by court order as not having paid restitution to a
20person under Section 8A-3.5 of the Illinois Public Aid Code or
21under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
22the Criminal Code of 2012. A person whose license or other
23authorization to practice is suspended under this Section is
24prohibited from practicing until the restitution is made in
25full.
 

 

 

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1    Section 110. Restoration of license. At any time after the
2successful completion of a term of probation, suspension, or
3revocation of any license, the Department may restore it to
4the licensee, unless after an investigation and a hearing, the
5Department determines that restoration is not in the public
6interest. Where circumstances of suspension or revocation so
7indicate, the Department may require an examination of the
8licensee prior to restoring his or her license. No person
9whose license has been revoked as authorized in this Act may
10apply for restoration of that license until provided for in
11the Civil Administrative Code of Illinois.
12    A license that has been suspended or revoked shall be
13considered nonrenewed for purposes of restoration and a person
14restoring his or her license from suspension or revocation
15must comply with the requirements for restoration of a
16nonrenewed license as set forth in Section 20 and any related
17rules adopted.
 
18    Section 115. Surrender of license. Upon the revocation or
19suspension of any license, the licensee shall immediately
20surrender the license to the Department. If the licensee fails
21to do so, the Department shall have the right to seize the
22license.
 
23    Section 120. Temporary suspension of license. The

 

 

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1Secretary may temporarily suspend the license of a certified
2professional midwife without a hearing, simultaneously with
3the institution of proceedings for a hearing provided for in
4Section 125, if the Secretary finds that evidence in his or her
5possession indicates that continuation in practice would
6constitute an imminent danger to the public. If the Secretary
7suspends, temporarily, the license without a hearing, a
8hearing by the Department must be held within 30 days after
9such suspension has occurred, and concluded without
10appreciable delay.
 
11    Section 125. Rehearing. If the Secretary is satisfied that
12substantial justice has not been done in the revocation,
13suspension, or refusal to issue or renew a license, the
14Secretary may order a rehearing by the same or another hearing
15officer or Board.
 
16    Section 130. Administrative review; certification of
17record.
18    (a) All final administrative decisions of the Department
19are subject to judicial review pursuant to the provisions of
20the Administrative Review Law, and all rules adopted pursuant
21thereto. "Administrative decision" has the same meaning as
22used in Section 3-101 of the Code of Civil Procedure.
23    (b) Proceedings for judicial review shall be commenced in
24the circuit court of the county in which the party applying for

 

 

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1review resides, but if the party is not a resident of this
2State, venue shall be in Sangamon County.
3    (c) The Department shall not be required to certify any
4record to the court, to file an answer in court, or to
5otherwise appear in any court in a judicial review proceeding
6unless and until the Department has received from the
7plaintiff payment of the costs of furnishing and certifying
8the record, which costs shall be determined by the Department.
9Exhibits shall be certified without cost. Failure on the part
10of the plaintiff to file a receipt in court is grounds for
11dismissal of the action. During the pendency and hearing of
12any and all judicial proceedings incident to the disciplinary
13action, the sanctions imposed upon the accused by the
14Department because of acts or omissions related to the
15delivery of direct patient care as specified in the
16Department's final administrative decision, shall, as a matter
17of public policy, remain in full force and effect in order to
18protect the public pending final resolution of any of the
19proceedings.
 
20    Section 135. Injunction.
21    (a) If any person violates any provision of this Act, the
22Secretary may, in the name of the People of the State of
23Illinois, through the Attorney General, or the State's
24Attorney of any county in which the action is brought,
25petition for an order enjoining the violation or for an order

 

 

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1enforcing compliance with this Act. Upon the filing of a
2verified petition in court, the court may issue a temporary
3restraining order, without notice or bond, and may
4preliminarily and permanently enjoin such violation, and if it
5is established that such person has violated or is violating
6the injunction, the Court may punish the offender for contempt
7of court. Proceedings under this Section shall be in addition
8to, and not in lieu of, all other remedies and penalties
9provided by this Act.
10    (b) If any person shall practice as a certified
11professional midwife or hold himself or herself out as a
12licensed certified professional midwife without being licensed
13under the provisions of this Act, then any licensed certified
14professional midwife, any interested party, or any person
15injured thereby may, in addition to the Secretary, petition
16for relief as provided in subsection (a).
17    (c) If, in the opinion of the Department, any person
18violates any provision of this Act, the Department may issue a
19rule to show cause why an order to cease and desist should not
20be entered against him or her. The rule shall clearly set forth
21the grounds relied upon by the Department and shall provide a
22period of 7 days from the date of the rule to file an answer to
23the satisfaction of the Department. Failure to answer to the
24satisfaction of the Department shall cause an order to cease
25and desist to be issued forthwith.
 

 

 

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1    Section 140. Investigation; notice; hearing. The
2Department may investigate the actions of any applicant or of
3any person or persons holding or claiming to hold a license
4under this Act. The Department shall, before suspending,
5revoking, placing on probationary status, or taking any other
6disciplinary action as the Department may deem proper with
7regard to any license, at least 30 days prior to the date set
8for the hearing, notify the applicant or licensee in writing
9of any charges made and the time and place for a hearing of the
10charges, direct him or her to file his or her written answer
11under oath within 20 days after the service and inform the
12applicant or licensee that failure to answer will result in a
13default being entered against the applicant or licensee. As a
14result of the default, such may be suspended, revoked, placed
15on probationary status, or have other disciplinary action,
16including limiting the scope, nature or extent of his or her
17practice, as the Department may deem proper taken with regard
18thereto. Written or electronic notice may be served by
19personal delivery, email, or mail to the applicant or licensee
20at his or her address of record or email address of record. At
21the time and place fixed in the notice, the Department shall
22proceed to hear the charges and the parties or their counsel
23shall be accorded ample opportunity to present such
24statements, testimony, evidence, and argument as may be
25pertinent to the charges or to the defense thereto. The
26Department may continue such hearing from time to time. In

 

 

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1case the applicant or licensee, after receiving notice, fails
2to file an answer, his or her license may in the discretion of
3the Secretary, having received first the recommendation of the
4Board, be suspended, revoked, placed on probationary status,
5or the Secretary may take whatever disciplinary action as he
6or she may deem proper, including limiting the scope, nature,
7or extent of such person's practice, without a hearing, if the
8act or acts charged constitute sufficient grounds for such
9action under this Act.
 
10    Section 145. Hearing report. At the conclusion of the
11hearing, the Board shall present to the Secretary a written
12report of its findings of fact, conclusions of law, and
13recommendations. The report shall contain a finding of whether
14the accused person violated this Act or failed to comply with
15the conditions required in this Act. The Board shall specify
16the nature of the violation or failure to comply, and shall
17make its recommendations to the Secretary.
18    The report of findings of fact, conclusions of law, and
19recommendation of the Board shall be the basis for the
20Department's order or refusal or for the granting of a license
21or permit. The finding is not admissible in evidence against
22the person in a criminal prosecution brought for the violation
23of this Act, but the hearing and finding are not a bar to a
24criminal prosecution brought for the violation of this Act.
 

 

 

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1    Section 150. Hearing officer. Notwithstanding the
2provisions of Section 140, the Secretary shall have the
3authority to appoint any attorney duly licensed to practice
4law in this State to serve as the hearing officer in any action
5for refusal to issue or renew, or for discipline of, a license.
6The hearing officer shall have full authority to conduct the
7hearing. The hearing officer shall report his or her findings
8of fact, conclusions of law, and recommendations to the Board
9and the Secretary. The Board shall have 60 days after receipt
10of the report to review the report of the hearing officer and
11present their findings of fact, conclusions of law, and
12recommendations to the Secretary. If the Secretary disagrees
13in any regard with the report of the Board or hearing officer,
14he or she may issue an order in contravention thereof.
 
15    Section 155. Motion for rehearing.    In any case
16involving the refusal to issue, renew, or discipline of a
17license, a copy of the Board's report shall be served upon the
18respondent by the Department, either personally or as provided
19in this Act for the service of the notice of hearing. Within 20
20days after such service, the respondent may present to the
21Department a motion in writing for a rehearing, which motion
22shall specify the particular grounds therefor. If no motion
23for rehearing is filed, then upon the expiration of the time
24specified for filing such a motion, or if a motion for
25rehearing is denied, then upon such denial the Secretary may

 

 

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1enter an order in accordance with recommendations of the Board
2except as provided in Section 145 or 150. If the respondent
3shall order from the reporting service, and pay for a
4transcript of the record within the time for filing a motion
5for rehearing, the 20-day period within which such a motion
6may be filed shall commence upon the delivery of the
7transcript to the respondent.
 
8    Section 160. Certification of records by Department. The
9Department shall not be required to certify any record to the
10court or file any answer in court or otherwise appear in any
11court in a judicial review proceeding, unless there is filed
12in the court, with the complaint, a receipt from the
13Department acknowledging payment of the costs of furnishing
14and certifying the record. Failure on the part of the
15plaintiff to file a receipt in court shall be grounds for
16dismissal of the action.
 
17    Section 165. Violation. Any person who is found to have
18knowingly violated any provision of this Act is guilty of a
19Class A misdemeanor. On conviction of a second or subsequent
20offense the violator shall be guilty of a Class 4 felony.
 
21    Section 170. Fees.
22    (a) Fees collected for the administration of this Act
23shall be set by the Department by rule. All fees are

 

 

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1nonrefundable.
2    (b) All moneys collected under this Act by the Department
3shall be deposited in the General Professions Dedicated Fund.
 
4    Section 175. Returned checks; fines. Any person who
5delivers a check or other payment to the Department that is
6returned to the Department unpaid by the financial institution
7upon which it is drawn shall pay to the Department, in addition
8to the amount already owed to the Department, a fine of $50.
9The fines imposed by this Section are in addition to any other
10discipline provided under this Act for unlicensed practice or
11practice on a nonrenewed license. The Department shall notify
12the person that payment of fees and fines shall be paid to the
13Department by certified check or money order within 30
14calendar days of the notification. If, after the expiration of
1530 days from the date of the notification, the person has
16failed to submit the necessary remittance, the Department
17shall automatically terminate the license or certificate or
18deny the application, without hearing. If, after termination
19or denial, the person seeks a license or certificate, he or she
20shall apply to the Department for restoration or issuance of
21the license or certificate and pay all fees and fines due to
22the Department. The Department may establish a fee for the
23processing of an application for restoration of a license or
24certificate to pay all expenses of processing this
25application. The Secretary may waive the fines due under this

 

 

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1Section in individual cases where the Secretary finds that the
2fines would be unreasonable or unnecessarily burdensome.
 
3    Section 180. Confidentiality. All information collected by
4the Department in the course of an examination or
5investigation of a licensee or applicant, including, but not
6limited to, any complaint against a licensee filed with the
7Department and information collected to investigate any such
8complaint, shall be maintained for the confidential use of the
9Department and shall not be disclosed. The Department shall
10not disclose the information to anyone other than law
11enforcement officials, regulatory agencies that have an
12appropriate regulatory interest as determined by the
13Secretary, or a party presenting a lawful subpoena to the
14Department. Information and documents disclosed to a federal,
15State, county, or local law enforcement agency shall not be
16disclosed by the agency for any purpose to any other agency or
17person. A formal complaint filed against a licensee by the
18Department or any order issued by the Department against a
19licensee or applicant shall be a public record, except as
20otherwise prohibited by law.
 
21    Section 185. The Regulatory Sunset Act is amended by
22changing Section 4.37 as follows:
 
23    (5 ILCS 80/4.37)

 

 

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1    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
2The following are repealed on January 1, 2027:
3    The Clinical Psychologist Licensing Act.
4    The Illinois Optometric Practice Act of 1987.
5    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
6XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
7    The Boiler and Pressure Vessel Repairer Regulation Act.
8    The Marriage and Family Therapy Licensing Act.
9    The Licensed Certified Professional Midwife Practice Act.
10(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1199-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
128-18-17; 100-372, eff. 8-25-17.)
 
13    Section 999. Effective date. This Act takes effect on
14October 1, 2022.