Illinois General Assembly - Full Text of HB5012
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Full Text of HB5012  102nd General Assembly

HB5012enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5012 EnrolledLRB102 24883 CPF 34133 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 5. The Licensed Certified Professional Midwife
5Practice Act is amended by changing Sections 10, 30, 40, 55,
690, 125, 130, and 150 as follows:
 
7    (225 ILCS 64/10)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 10. Definitions. As used in this Act:
12    "Address of record" means the designated address recorded
13by the Department in the applicant's application file or the
14licensee's licensure file as maintained by the Department.
15    "Antepartum" means before labor or childbirth.
16    "Board" means the Illinois Midwifery Board.
17    "Certified nurse midwife" means an individual licensed
18under the Nurse Practice Act as an advanced practice
19registered nurse and is certified as a nurse midwife.
20    "Client" means a childbearing individual or newborn for
21whom a licensed certified professional midwife provides
22services.
23    "Consultation" means the process by which a licensed

 

 

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1certified professional midwife seeks the advice or opinion of
2another health care professional.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Email address of record" means the designated email
6address of record by the Department in the applicant's
7application file or the licensee's licensure file as
8maintained by the Department.
9    "Health care professional" means an advanced practice
10registered nurse or a physician licensed to practice medicine
11in all of its branches.
12    "Intrapartum" means during labor and delivery or
13childbirth.
14    "Licensed certified professional midwife" means a person
15who has successfully met the requirements under Section 45 of
16this Act and has been licensed by the Department.
17    "Low-risk" means a low-risk pregnancy where there is an
18absence of any preexisting maternal disease, significant
19disease arising from the pregnancy, or any condition likely to
20affect the pregnancy, including, but not limited to, those
21listed in Section 85.
22    "Midwife assistant" means a person, at least 18 years of
23age, who performs basic administrative, clerical, and
24supportive services under the supervision of a certified
25professional midwife, is educated to provide both basic and
26emergency care to newborns and mothers during labor, delivery,

 

 

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1and immediately postpartum, and who maintains Neonatal
2Resuscitation Program provider status and cardiopulmonary
3resuscitation certification.
4    "Midwifery bridge certificate" means a certificate issued
5by the North American Registry of Midwives that documents
6completion of accredited continuing education for certified
7professional midwives based upon identified areas to address
8education in emergency skills and other competencies set by
9the international confederation of midwives.
10    "Midwifery Education and Accreditation Council" or "MEAC"
11means the nationally recognized accrediting agency, or its
12successor, that establishes standards for the education of
13direct-entry midwives in the United States.
14    "National Association of Certified Professional Midwives"
15or "NACPM" means the professional organization, or its
16successor, that promotes the growth and development of the
17profession of certified professional midwives.
18    "North American Registry of Midwives" or "NARM" means the
19accredited international agency, or its successor
20organization, that has established and has continued to
21administer certification for the credentialing of certified
22professional midwives, including the administration of a
23national competency examination.
24    "Onset of care" means the initial prenatal visit upon an
25agreement between a licensed certified professional midwife
26and client to establish a midwife-client relationship, during

 

 

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1which the licensed certified professional midwife may take a
2client's medical history, complete an exam, establish a
3client's record, or perform other services related to
4establishing care. "Onset of care" does not include an initial
5interview where information about the licensed certified
6professional midwife's practice is shared but no
7midwife-client relationship is established.
8    "Pediatric health care professional" means a licensed
9physician specializing in the care of children, a family
10practice physician, or an advanced practice registered nurse
11licensed under the Nurse Practice Act and certified as a
12Pediatric Nurse Practitioner or Family Nurse Practitioner.
13    "Physician" means a physician licensed under the Medical
14Practice Act of 1987 to practice medicine in all of its
15branches.
16    "Postpartum period" means the first 6 weeks after
17delivery.
18    "Practice of midwifery" means providing the necessary
19supervision, care, and advice to a client during a low-risk
20pregnancy, labor, and the postpartum period, including the
21intended low-risk delivery of a child, and providing normal
22newborn care. "Practice of midwifery" does not include the
23practice of medicine or nursing.
24    "Qualified midwife preceptor" means a licensed and
25experienced midwife or other health professional licensed in
26the State who participated in the clinical education of

 

 

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1individuals enrolled in a midwifery education institution,
2program, or pathway accredited by the midwifery education
3accreditation council who meet the criteria for midwife
4preceptors by NARM or its successor organization.
5    "Secretary" means the Secretary of Financial and
6Professional Regulation.
7    "Supportive services" means simple routine medical tasks
8and procedures for which the midwife assistant or student
9midwife is appropriately trained.
10(Source: P.A. 102-683, eff. 10-1-22.)
 
11    (225 ILCS 64/30)
12    (This Section may contain text from a Public Act with a
13delayed effective date)
14    (Section scheduled to be repealed on January 1, 2027)
15    Sec. 30. Illinois Midwifery Board.
16    (a) There is created under the authority of the Department
17the Illinois Midwifery Board, which shall consist of 9 members
18appointed by the Secretary: 5 of whom shall be licensed
19certified professional midwives, with initial appointees
20having at least 3 years of experience in the practice of
21midwifery in an out-of-hospital setting, be certified by the
22North American Registry of Midwives, and meet the
23qualifications for licensure set forth in this Act; one of
24whom shall be an Illinois licensed physician who specializes
25in obstetrics; one of whom shall be an Illinois licensed

 

 

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1advanced practice registered nurse who is a certified nurse
2midwife who provides home birth services; one of whom shall be
3a pediatric health care professional; and one of whom shall be
4a public member. Board members shall serve 4-year terms,
5except that in the case of initial appointments, terms shall
6be staggered as follows: 4 members shall serve for 4 years, 3
7members shall serve for 3 years, and 2 members shall serve for
82 years. The Board shall annually elect a chairperson and vice
9chairperson. All board members must be residents of this
10State. All board members, except for the public member, must
11be licensed in good standing and, at the time of appointment,
12actively engaged in their respective professions.
13    (b) Any appointment made to fill a vacancy shall be for the
14unexpired portion of the term. Appointments to fill vacancies
15shall be made in the same manner as original appointments. No
16Board member may be reappointed for a term that would cause his
17or her continuous service on the Board to exceed 10 years.
18    (c) Board membership must have a reasonable representation
19from different geographic areas of this State, if possible.
20    (d) The Secretary may solicit board recommendations from
21midwifery organizations.
22    (e) The members of the Board may be reimbursed for all
23legitimate, necessary, and authorized expenses incurred in
24attending the meetings of the Board.
25    (f) The Secretary may remove any member of the Board for
26misconduct, incapacity, or neglect of duty at any time prior

 

 

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1to the expiration of his or her term.
2    (g) Five Board members shall constitute a quorum. A
3vacancy in the membership of the Board shall not impair the
4right of a quorum to perform all of the duties of the Board.
5    (h) The Board may provide the Department with
6recommendations concerning the administration of this Act and
7may perform each of the following duties:
8        (1) Recommend to the Department the prescription and,
9    from time to time, the revision of any rules that may be
10    necessary to carry out the provisions of this Act,
11    including those that are designed to protect the health,
12    safety, and welfare of the public.
13        (2) Recommend changes to the medication formulary list
14    as standards and drug availability change.
15        (3) Participate in disciplinary conferences and
16    hearings.
17        (4) Make recommendations to the Department regarding
18    disciplinary action taken against a licensee as provided
19    under this Act.
20        (5) Recommend the approval, denial of approval, and
21    withdrawal of approval of required education and
22    continuing educational programs.
23    (i) Members of the Board shall be immune from suit in an
24action based upon a disciplinary proceeding or other activity
25performed in good faith as a member of the Board, except for
26willful or wanton misconduct.

 

 

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1(Source: P.A. 102-683, eff. 10-1-22.)
 
2    (225 ILCS 64/40)
3    (This Section may contain text from a Public Act with a
4delayed effective date)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 40. Use of title. No person may use the title
7"licensed midwife", to describe or imply that he or she is a
8licensed midwife, or represent himself or herself as a
9licensed midwife unless the person is granted a license under
10this Act or is licensed as an advanced practice registered
11nurse with certification as a nurse midwife.
12(Source: P.A. 102-683, eff. 10-1-22.)
 
13    (225 ILCS 64/55)
14    (This Section may contain text from a Public Act with a
15delayed effective date)
16    (Section scheduled to be repealed on January 1, 2027)
17    Sec. 55. Expiration; renewal of licensure. The expiration
18date and renewal period for each license issued under this Act
19shall be set by rule. The holder of a license may renew the
20license during the month preceding the expiration date of the
21license by paying the required fee. It is the responsibility
22of the licensee to notify the Department in writing of a change
23of address required for the renewal of a license under this
24Act. Applicants have 3 years from the date of application to

 

 

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1complete the application process. If the process has not been
2completed in 3 years, the application shall be denied, the fee
3shall be forfeited, and the applicant must reapply and meet
4the requirements in effect at the time of reapplication.
5    The Department may adopt rules for continuing education
6for licensed certified professional midwives licensed under
7this Act that require 20 hours of continuing education per
82-year license renewal cycle. The rules shall address
9variances in part or in whole for good cause, including
10without limitation, illness or hardship. The rules must ensure
11that licensees are given the opportunity to participate in
12programs sponsored by or through their State or national
13professional associations, hospitals, or other providers of
14continuing education. Each licensee is responsible for
15maintaining records of completion of continuing education and
16shall be prepared to produce the records when requested by the
17Department.
18    Any licensed certified professional midwife who has
19permitted his or her license to expire or who has had his or
20her license on inactive status may have the license restored
21by applying to the Department and filing proof acceptable to
22the Department of his or her fitness to have the license
23restored, and by paying the required fees. Proof of fitness
24may include sworn evidence certifying to active lawful
25practice in another jurisdiction.
26    If the licensed certified professional midwife has not

 

 

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1maintained an active practice in another jurisdiction
2satisfactory to the Department, the Department shall
3determine, by an evaluation program established by rule, his
4or her fitness for restoration of the license and shall
5establish procedures and requirements for such restoration.
6    However, any licensed certified professional midwife whose
7license expired while he or she was (1) in federal or State
8service on active duty, or (2) in training or education under
9the supervision of the United States preliminary to induction
10into the military service, may have the license restored
11without paying any lapsed renewal fees if, within 2 years
12after termination of such service, training, or education, he
13or she furnishes the Department with satisfactory evidence to
14the effect that he or she has been so engaged and that his or
15her service, training, or education has been terminated.
16(Source: P.A. 102-683, eff. 10-1-22.)
 
17    (225 ILCS 64/90)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    (Section scheduled to be repealed on January 1, 2027)
21    Sec. 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) (Blank). The Board shall maintain the confidentiality
7of any report 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) (Blank). Reports are confidential under Section 180 of
13this Act.
14(Source: P.A. 102-683, eff. 10-1-22.)
 
15    (225 ILCS 64/125)
16    (This Section may contain text from a Public Act with a
17delayed effective date)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 125. Rehearing. If the Secretary is satisfied that
20substantial justice has not been done in the revocation,
21suspension, or refusal to issue or renew a license, the
22Secretary may order a rehearing by the same or another hearing
23officer or Board.
24(Source: P.A. 102-683, eff. 10-1-22.)
 

 

 

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1    (225 ILCS 64/130)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 130. Administrative review; certification of record.
6    (a) All final administrative decisions of the Department
7are subject to judicial review pursuant to the provisions of
8the Administrative Review Law, and all rules adopted pursuant
9thereto. "Administrative decision" has the same meaning as
10used in Section 3-101 of the Code of Civil Procedure.
11    (b) Proceedings for judicial review shall be commenced in
12the circuit court of the county in which the party applying for
13review resides, but if the party is not a resident of this
14State, venue shall be in Sangamon County.
15    (c) The Department shall not be required to certify any
16record to the court, to file an answer in court, or to
17otherwise appear in any court in a judicial review proceeding
18unless and until the Department has received from the
19plaintiff payment of the costs of furnishing and certifying
20the record, which costs shall be determined by the Department.
21Exhibits shall be certified without cost. Failure on the part
22of the plaintiff to file a receipt in court is grounds for
23dismissal of the action. During the pendency and hearing of
24any and all judicial proceedings incident to the disciplinary
25action, the sanctions imposed upon the accused by the
26Department because of acts or omissions related to the

 

 

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1delivery of direct patient care as specified in the
2Department's final administrative decision, shall, as a matter
3of public policy, remain in full force and effect in order to
4protect the public pending final resolution of any of the
5proceedings.
6(Source: P.A. 102-683, eff. 10-1-22.)
 
7    (225 ILCS 64/150)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 150. Hearing officer. Notwithstanding the provisions
12of Section 140, the Secretary shall have the authority to
13appoint any attorney duly licensed to practice law in this
14State to serve as the hearing officer in any action for refusal
15to issue or renew, or for discipline of, a license. The hearing
16officer shall have full authority to conduct the hearing. The
17hearing officer shall report his or her findings of fact,
18conclusions of law, and recommendations to the Board and the
19Secretary. The Board shall have 60 days after receipt of the
20report to review the report of the hearing officer and present
21their findings of fact, conclusions of law, and
22recommendations to the Secretary. If the Secretary disagrees
23in any regard with the report of the Board or hearing officer,
24he or she may issue an order in contravention thereof.
25(Source: P.A. 102-683, eff. 10-1-22.)
 

 

 

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1    (225 ILCS 64/160 rep.)
2    Section 10. The Licensed Certified Professional Midwife
3Practice Act is amended by repealing Section 160.
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.