Full Text of HB1665 97th General Assembly
HB1665ham002 97TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 4/7/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1665
| 2 | | AMENDMENT NO. ______. Amend House Bill 1665 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Home | 5 | | Birth Safe Transport Act. | 6 | | Section 5. Purpose.
The General Assembly finds that due to | 7 | | an extreme shortage of licensed home birth providers, a | 8 | | significant percentage of Illinois home birth families engage | 9 | | the services of unregulated, underground, community midwives | 10 | | to attend their planned home births. It further finds that some | 11 | | families and community midwives may hesitate to transport to | 12 | | the hospital in an emergency for fear of being reported to | 13 | | Child Protective Services, the Department of Professional and | 14 | | Financial Regulation, or local law enforcement agents. It | 15 | | further finds that the recent Publication #476 of the American | 16 | | College of Obstetricians and Gynecologists emphasizes the |
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| 1 | | importance of providing home birth families with "an integrated | 2 | | and regulated health system" which ensures "a plan for safe and | 3 | | quick transportation to a nearby hospital in the event of an | 4 | | emergency". It is hereby declared that fear of legal | 5 | | repercussions may negatively affect the health, safety, and | 6 | | welfare of hundreds of Illinois mothers annually who choose to | 7 | | give birth at home as well as the health, safety, and welfare | 8 | | of their infants. The purpose of this Act is to allow community | 9 | | midwives to transport mother, baby, or both to a hospital in an | 10 | | emergency situation and to professionally communicate medical | 11 | | information to the emergency transport team and receiving | 12 | | hospital personnel without fear of legal repercussions, | 13 | | thereby removing all hesitations to transport in a situation | 14 | | where the health and welfare of mother or baby requires it. | 15 | | This Act shall be liberally construed to best carry out these | 16 | | purposes
| 17 | | Section 10. Definitions. As used in this Act:
| 18 | | "Community midwife" means any midwife serving the home | 19 | | birth community in Illinois who is not licensed as an Advanced | 20 | | Practice Nurse under the Nurse Practice Act. | 21 | | "Department" means the Department of Public Health. | 22 | | "Emergency" means a medical condition of recent onset and | 23 | | severity that would lead a prudent layperson, possessing an | 24 | | average knowledge of medicine and health, to believe that | 25 | | urgent or unscheduled medical care is required.
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| 1 | | "Emergency medical facility" means a freestanding | 2 | | emergency center or trauma center, as defined in the Emergency | 3 | | Medical Services (EMS) Systems Act.
| 4 | | "Emergency Medical Services (EMS) System" means an | 5 | | organization of hospitals, vehicle service providers, and | 6 | | personnel approved by the Department in a specific geographic | 7 | | area, which coordinates and provides pre-hospital and | 8 | | inter-hospital emergency care and non-emergency medical | 9 | | transports at a BLS, ILS, or ALS level or any combination of | 10 | | these pursuant to a System program plan submitted to and | 11 | | approved by the Department, and pursuant to the EMS Region Plan | 12 | | adopted for the EMS Region in which the System is located.
| 13 | | "Patient" means the mother or unborn or newborn infant | 14 | | receiving or planning to receive home birth services from a | 15 | | community midwife.
| 16 | | "Medical professional" includes licensed physicians, | 17 | | nurses, advance practice nurses, nursing and physician | 18 | | assistants, and any medical technician or medical specialist, | 19 | | EMS transport team member or any other individual who has | 20 | | medical or related training. | 21 | | "Hospital" has the meaning ascribed to that term in the | 22 | | Hospital Licensing Act.
| 23 | | "Transport" means the act of bringing a patient to a | 24 | | hospital or emergency medical facility or calling for Emergency | 25 | | Medical Services to bring the patient to the facility. | 26 | | "Transport" includes the professional communication of |
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| 1 | | pertinent medical information to the receiving facility | 2 | | personnel
| 3 | | Section 15. Immunity for parents.
| 4 | | (a) The act of carrying out or attempting to carry out a | 5 | | home birth with a community midwife does not, by itself, | 6 | | constitute a basis for a finding of abuse or neglect of a new | 7 | | born or unborn infant nor a violation of Section 12-21.6 of the | 8 | | Criminal Code of 1961.
| 9 | | (b) Neither a child protective investigation nor a criminal | 10 | | investigation may be initiated solely because of a planned home | 11 | | birth or because of the engagement of an unlicensed community | 12 | | midwife.
| 13 | | Section 20. Immunity for transporting community midwife.
| 14 | | Provided that the community midwife provides medical | 15 | | information regarding the mother or infant or both to the | 16 | | recipient emergency medical personnel, the act of a community | 17 | | midwife transporting a mother or infant or both to a hospital, | 18 | | fire station, or emergency medical facility in accordance with | 19 | | this Act does not, by itself, constitute a basis for a finding | 20 | | of abuse or neglect of the patient, nor practicing medicine or | 21 | | nursing or advance practice nursing without a license, pursuant | 22 | | to the laws of this State, nor does it, by itself, constitute a | 23 | | violation of Section 12-21.6 of the Criminal Code of 1961.
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| 1 | | Section 25. Immunity of facility and personnel.
An EMS | 2 | | transport team, a hospital, fire station, or emergency medical | 3 | | facility, and any personnel of a hospital, fire station, or | 4 | | emergency medical facility, are immune from criminal or civil | 5 | | liability for acting in good faith in accordance with this Act.
| 6 | | Section 30. Anonymity of transporting community midwife.
| 7 | | The transporting community midwife has the right to remain | 8 | | anonymous and to leave the hospital, fire station, or emergency | 9 | | medical facility at any time and not be pursued or followed.
| 10 | | Section 35. Use of information.
| 11 | | (a) No medical professional or fire department personnel | 12 | | may communicate identifying information gathered during or | 13 | | after an emergency home birth transport about the transporting | 14 | | community midwife or parents of the infant to law enforcement | 15 | | agents or the Department of Financial and Professional | 16 | | Regulation, Department of Children and Family Services, or any | 17 | | other department or agency solely for the fact of the parents | 18 | | and community midwife attempting or carrying out a home birth.
| 19 | | (b) Under no circumstances may an agent or employee of the | 20 | | Department of Financial and Professional Regulation or the | 21 | | Department of Children and Family Services or any other | 22 | | department or agency accept or use any evidence submitted to | 23 | | them about home birth families or unlicensed home birth | 24 | | community midwives related to an emergency home birth transport |
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| 1 | | for the purpose of investigation or prosecution of parents or | 2 | | community midwife if there is no other complaint than the fact | 3 | | of a home birth or attempted home birth with a community | 4 | | midwife.
| 5 | | Section 900. The Medical Practice Act of 1987 is amended by | 6 | | changing Section 4 as follows:
| 7 | | (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| 8 | | (Section scheduled to be repealed on November 30, 2011)
| 9 | | Sec. 4. Exemptions.
| 10 | | (a) This Act does not apply to the following:
| 11 | | (1) persons lawfully carrying on their particular | 12 | | profession or business
under any valid existing regulatory | 13 | | Act of this State;
| 14 | | (2) persons rendering gratuitous services in cases of | 15 | | emergency;
| 16 | | (3) persons treating human ailments by prayer or | 17 | | spiritual means as an
exercise or enjoyment of religious | 18 | | freedom; or
| 19 | | (4) persons practicing the specified occupations set | 20 | | forth in in subsection (a) of, and pursuant to a licensing | 21 | | exemption granted in subsection (b) or (d) of, Section | 22 | | 2105-350 of the Department of Professional Regulation Law | 23 | | of the Civil Administrative Code of Illinois, but only for | 24 | | so long as the 2016 Olympic and Paralympic Games |
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| 1 | | Professional Licensure Exemption Law is operable ; or . | 2 | | (5) community midwives engaged in the transport and | 3 | | transfer of care of home birth mothers or infants in a case | 4 | | of emergency. | 5 | | (b) (Blank).
| 6 | | (Source: P.A. 96-7, eff. 4-3-09 .)
| 7 | | Section 910. The Nurse Practice Act is amended by changing | 8 | | Section 50-15 as follows:
| 9 | | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 50-15. Policy; application of Act. | 12 | | (a) For the protection of life and the
promotion of health, | 13 | | and the prevention of illness and communicable diseases,
any | 14 | | person practicing or offering to practice advanced,
| 15 | | professional, or practical
nursing in Illinois shall submit | 16 | | evidence that he or she is qualified to
practice, and shall be | 17 | | licensed as provided under this Act. No person shall
practice | 18 | | or offer to practice advanced, professional, or practical | 19 | | nursing in Illinois or
use any title, sign, card or device to | 20 | | indicate that such a person is
practicing professional or | 21 | | practical nursing unless such person has been
licensed under | 22 | | the provisions of this Act.
| 23 | | (b) This Act does not prohibit the following:
| 24 | | (1) The practice of nursing in Federal employment in |
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| 1 | | the discharge of the
employee's duties by a person who is | 2 | | employed by the United States
government or any bureau, | 3 | | division or agency thereof and is a legally
qualified and | 4 | | licensed nurse of another state or territory and not in
| 5 | | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 6 | | this
Act.
| 7 | | (2) Nursing that is included in the program of study by
| 8 | | students
enrolled in programs of nursing or in current | 9 | | nurse practice update courses
approved by the Department.
| 10 | | (3) The furnishing of nursing assistance in an | 11 | | emergency.
| 12 | | (4) The practice of nursing by a nurse who holds an | 13 | | active license in
another state when providing services to | 14 | | patients in Illinois during a bonafide
emergency or in | 15 | | immediate preparation for or during interstate
transit.
| 16 | | (5) The incidental care of the sick by members of the | 17 | | family, domestic
servants or housekeepers, or care of the | 18 | | sick where treatment is by prayer
or spiritual means.
| 19 | | (6) Persons from being employed as unlicensed | 20 | | assistive personnel in private homes, long term care | 21 | | facilities,
nurseries, hospitals or other institutions.
| 22 | | (7) The practice of practical nursing by one who is a | 23 | | licensed practical
nurse under the laws of another U.S. | 24 | | jurisdiction and has applied in writing
to the Department, | 25 | | in form and substance satisfactory to the Department,
for a | 26 | | license as a licensed practical nurse and who is qualified |
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| 1 | | to receive
such license under this Act, until (i) the | 2 | | expiration of 6 months after
the filing of such written | 3 | | application, (ii) the withdrawal of such application,
or | 4 | | (iii) the denial of such application by the Department.
| 5 | | (8) The practice of advanced practice nursing by one | 6 | | who is an advanced practice nurse under the laws of another | 7 | | state, territory of the United States, or country and has | 8 | | applied in writing to the Department, in form and substance | 9 | | satisfactory to the Department, for a license as an | 10 | | advanced practice nurse and who is qualified to receive | 11 | | such license under this Act, until (i) the expiration of 6 | 12 | | months after the filing of such written application, (ii) | 13 | | the withdrawal of such application, or (iii) the denial of | 14 | | such application by the Department.
| 15 | | (9) The practice of professional nursing by one who is | 16 | | a registered
professional nurse under the laws of another | 17 | | state, territory of the United
States or country and has | 18 | | applied in writing to the Department, in form and
substance | 19 | | satisfactory to the Department, for a license as a | 20 | | registered
professional nurse and who is qualified to | 21 | | receive such license under
Section 55-10, until (1) the | 22 | | expiration of 6 months after the filing of
such written | 23 | | application, (2) the withdrawal of such application, or (3)
| 24 | | the denial of such application by the Department.
| 25 | | (10) The practice of professional nursing that is | 26 | | included in a program of
study by one who is a registered |
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| 1 | | professional nurse under the laws of
another state or | 2 | | territory of the United States or foreign country,
| 3 | | territory or province and who is enrolled in a graduate | 4 | | nursing education
program or a program for the completion | 5 | | of a baccalaureate nursing degree in
this State, which | 6 | | includes clinical supervision by faculty as
determined by | 7 | | the educational institution offering the program and the
| 8 | | health care organization where the practice of nursing | 9 | | occurs.
| 10 | | (10.5) Community midwives engaged in the transport and | 11 | | transfer of care of home birth mothers or infants in a case | 12 | | of emergency. | 13 | | (11) Any person licensed in this State under any other | 14 | | Act from engaging
in the practice for which she or he is | 15 | | licensed.
| 16 | | (12) Delegation to authorized direct care staff | 17 | | trained under Section 15.4
of the Mental Health and
| 18 | | Developmental Disabilities Administrative Act consistent | 19 | | with the policies of the Department.
| 20 | | (13) The practice, services, or activities of persons | 21 | | practicing the specified occupations set forth in | 22 | | subsection (a) of, and pursuant to a licensing exemption | 23 | | granted in subsection (b) or (d) of, Section 2105-350 of | 24 | | the Department of Professional Regulation Law of the Civil | 25 | | Administrative Code of Illinois, but only for so long as | 26 | | the 2016 Olympic and Paralympic Games Professional |
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| 1 | | Licensure Exemption Law is operable. | 2 | | (14) County correctional personnel from delivering | 3 | | prepackaged medication for self-administration to an | 4 | | individual detainee in a correctional facility. | 5 | | Nothing in this Act shall be construed to limit the | 6 | | delegation of tasks or duties by a physician, dentist, or | 7 | | podiatrist to a licensed practical nurse, a registered | 8 | | professional nurse, or other persons.
| 9 | | (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, | 10 | | eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
| 11 | | Section 915. The Juvenile Court Act of 1987 is amended by | 12 | | changing Section 2-3 as follows: | 13 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 14 | | Sec. 2-3. Neglected or abused minor. | 15 | | (1) Those who are neglected include: | 16 | | (a) any minor under 18 years of age who is not | 17 | | receiving
the proper or necessary support, education as
| 18 | | required by law, or medical or other remedial care | 19 | | recognized under
State law as necessary for a minor's | 20 | | well-being, or other care necessary
for his or her | 21 | | well-being, including adequate food, clothing and shelter,
| 22 | | or who is abandoned by his or her parent or parents or | 23 | | other person or persons responsible for
the minor's | 24 | | welfare, except that a minor shall not be considered |
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| 1 | | neglected
for the sole reason that the minor's parent or | 2 | | parents or other person or persons responsible for the
| 3 | | minor's welfare have left the minor in the care of an adult | 4 | | relative for any
period of time, who the parent or parents | 5 | | or other person responsible for the minor's welfare know is | 6 | | both a mentally capable adult relative and physically | 7 | | capable adult relative, as defined by this Act; or | 8 | | (b) any minor under 18 years of age whose environment | 9 | | is injurious
to his or her welfare; or | 10 | | (c) any newborn infant whose blood, urine, or meconium
| 11 | | contains any amount of a
controlled substance as defined in | 12 | | subsection (f) of Section 102 of the
Illinois Controlled | 13 | | Substances Act, as now or hereafter amended, or a
| 14 | | metabolite of a controlled substance, with the exception of | 15 | | controlled
substances or metabolites of such substances, | 16 | | the presence of which in the
newborn infant is the result | 17 | | of medical treatment administered to the
mother or the | 18 | | newborn infant; or | 19 | | (d) any minor under the age of 14 years whose parent or | 20 | | other person
responsible for the minor's welfare leaves the | 21 | | minor without
supervision for an unreasonable period of | 22 | | time without regard for the mental or
physical health, | 23 | | safety, or welfare of that minor; or | 24 | | (e) any minor who has been provided with interim crisis | 25 | | intervention
services under Section 3-5 of this Act and | 26 | | whose parent, guardian, or custodian
refuses to permit the |
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| 1 | | minor to return home unless the minor is an immediate | 2 | | physical danger to himself, herself, or others living in | 3 | | the home.
| 4 | | Whether the minor was left without regard for the mental or | 5 | | physical health,
safety, or welfare of that minor or the period | 6 | | of time was unreasonable shall
be determined by considering the | 7 | | following factors, including but not limited
to: | 8 | | (1) the age of the minor; | 9 | | (2) the number of minors left at the location; | 10 | | (3) special needs of the minor, including whether the | 11 | | minor is physically
or mentally handicapped, or otherwise | 12 | | in need of ongoing prescribed medical
treatment such as | 13 | | periodic doses of insulin or other medications; | 14 | | (4) the duration of time in which the minor was left | 15 | | without supervision; | 16 | | (5) the condition and location of the place where the | 17 | | minor was left
without supervision; | 18 | | (6) the time of day or night when the minor was left | 19 | | without supervision; | 20 | | (7) the weather conditions, including whether the | 21 | | minor was left in a
location with adequate protection from | 22 | | the natural elements such as adequate
heat or light; | 23 | | (8) the location of the parent or guardian at the time | 24 | | the minor was left
without supervision, the physical | 25 | | distance the minor was from the parent or
guardian at the | 26 | | time the minor was without supervision; |
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| 1 | | (9) whether the minor's movement was restricted, or the | 2 | | minor was
otherwise locked within a room or other | 3 | | structure; | 4 | | (10) whether the minor was given a phone number of a | 5 | | person or location to
call in the event of an emergency and | 6 | | whether the minor was capable of making
an emergency call; | 7 | | (11) whether there was food and other provision left | 8 | | for the minor; | 9 | | (12) whether any of the conduct is attributable to | 10 | | economic hardship or
illness and the parent, guardian or | 11 | | other person having physical custody or
control of the | 12 | | child made a good faith effort to provide for the health | 13 | | and
safety of the minor; | 14 | | (13) the age and physical and mental capabilities of | 15 | | the person or persons
who provided supervision for the | 16 | | minor; | 17 | | (14) whether the minor was left under the supervision | 18 | | of another person; | 19 | | (15) any other factor that would endanger the health | 20 | | and safety of that
particular minor. | 21 | | A minor shall not be considered neglected for the sole | 22 | | reason that the
minor has been relinquished in accordance with | 23 | | the Abandoned Newborn Infant
Protection Act. | 24 | | A minor shall not be considered neglected for the sole | 25 | | reason that the minor is a patient in the care of a community | 26 | | midwife who is engaged in the transport and transfer of care of |
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| 1 | | the minor to a hospital, fire station, or emergency medical | 2 | | facility in an emergency situation occurring during the course | 3 | | of a home birth, in accordance with the Home Birth Safe | 4 | | Transport Act. | 5 | | (2) Those who are abused include any minor under 18 years | 6 | | of age whose
parent or immediate family member, or any person | 7 | | responsible
for the minor's welfare, or any person who is in | 8 | | the same family or household
as the minor, or any individual | 9 | | residing in the same home as the minor, or
a paramour of the | 10 | | minor's parent: | 11 | | (i) inflicts, causes to be inflicted, or allows to be | 12 | | inflicted upon
such minor physical injury, by other than | 13 | | accidental means, which causes death,
disfigurement, | 14 | | impairment of physical or emotional health, or loss or
| 15 | | impairment of any bodily function; | 16 | | (ii) creates a substantial risk of physical injury to | 17 | | such minor by
other than accidental means which would be | 18 | | likely to cause death,
disfigurement, impairment of | 19 | | emotional health, or loss or impairment of any
bodily | 20 | | function; | 21 | | (iii) commits or allows to be committed any sex offense | 22 | | against such
minor, as such sex offenses are defined in the | 23 | | Criminal Code of 1961, as
amended, or in the Wrongs to | 24 | | Children Act, and extending those definitions of sex | 25 | | offenses to include minors
under 18 years of age; | 26 | | (iv) commits or allows to be committed an act or acts |
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| 1 | | of torture upon
such minor; | 2 | | (v) inflicts excessive corporal punishment; | 3 | | (vi) commits or allows to be committed the offense of | 4 | | involuntary servitude, involuntary sexual servitude of a | 5 | | minor, or trafficking in persons for forced labor or | 6 | | services defined in Section 10-9 of the Criminal Code of | 7 | | 1961, upon such minor; or | 8 | | (vii) allows, encourages or requires a minor to commit | 9 | | any act of prostitution, as defined in the Criminal Code of | 10 | | 1961, and extending those definitions to include minors | 11 | | under 18 years of age. | 12 | | A minor shall not be considered abused for the sole reason | 13 | | that the minor
has been relinquished in accordance with the | 14 | | Abandoned Newborn Infant
Protection Act. | 15 | | A minor shall not be considered abused for the sole reason | 16 | | that the minor is a patient in the care of a community midwife | 17 | | who is engaged in the transport and transfer of care of the | 18 | | minor to a hospital, fire station, or emergency medical | 19 | | facility in an emergency situation occurring during the course | 20 | | of a home birth, in accordance with the Home Birth Safe | 21 | | Transport Act. | 22 | | (3) This Section does not apply to a minor who would be | 23 | | included
herein solely for the purpose of qualifying for | 24 | | financial assistance for
himself, his parents, guardian or | 25 | | custodian. | 26 | | (Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09; |
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| 1 | | 96-1464, eff. 8-20-10.)
| 2 | | Section 920. The Criminal Code of 1961 is amended by | 3 | | changing Section 12-21.6 as follows:
| 4 | | (720 ILCS 5/12-21.6)
| 5 | | Sec. 12-21.6. Endangering the life or health of a child.
| 6 | | (a) It is unlawful for any person to willfully cause or | 7 | | permit the life or
health of a child under the age of 18 to be | 8 | | endangered or to willfully cause
or permit a child to be placed | 9 | | in circumstances that endanger the child's life
or health, | 10 | | except that it is not unlawful for a person to relinquish a | 11 | | child
in accordance with the Abandoned Newborn Infant | 12 | | Protection Act or for a community midwife to transport or | 13 | | transfer the care of the newborn infant of a home birth mother | 14 | | to an emergency medical center, fire station, or hospital | 15 | | during a medical emergency in accordance with the Home Birth | 16 | | Safe Transport Act .
| 17 | | (b) There is a rebuttable presumption that a person | 18 | | committed the offense
if he or she left a child 6 years of age | 19 | | or younger unattended in a motor
vehicle for more than 10 | 20 | | minutes.
| 21 | | (c) "Unattended" means either: (i) not accompanied by a | 22 | | person 14 years
of age or older; or (ii) if accompanied by a | 23 | | person 14 years of age or older,
out of sight of that person.
| 24 | | (d) A violation of this Section is a Class A misdemeanor. A |
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| 1 | | second or
subsequent violation of this Section is a Class 3 | 2 | | felony. A violation of
this Section that is a proximate cause | 3 | | of the death of the child is a Class
3 felony for which a | 4 | | person, if sentenced to a term of imprisonment, shall
be | 5 | | sentenced to a term of not less than 2 years and not more than | 6 | | 10 years.
| 7 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | 8 | | 92-515, eff.
6-1-02; 92-651, eff. 7-11-02 .)".
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