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

HB3401sam002 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 10/15/2021

 

 


 

 


 
10200HB3401sam002LRB102 14708 SPS 29790 a

1
AMENDMENT TO HOUSE BILL 3401

2    AMENDMENT NO. ______. Amend House Bill 3401, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Licensed Certified Professional Midwife Practice Act.
 
7    Section 5. Purpose. The practice of midwifery in
8out-of-hospital settings is hereby declared to affect the
9public health, safety, and welfare and to be subject to
10regulation in the public interest. The purpose of the Act is to
11protect and benefit the public by setting standards for the
12qualifications, education, training, and experience of those
13who seek to obtain licensure as a licensed certified
14professional midwife, including requirements to work in
15consultation with hospital based and privileged health care
16professionals to promote high standards of professional

 

 

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1performance for those licensed to practice midwifery in
2out-of-hospital settings in this State, to promote a
3consultative and integrated maternity care delivery system in
4Illinois with agreed-upon consulting, transfer, and transport
5protocols in use by all health care professionals and licensed
6certified professional midwives across all health care
7settings to maximize client safety and positive outcomes, to
8support accredited education and training as a prerequisite to
9licensure, and to protect the public.
 
10    Section 10. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's application file or the
13licensee's licensure file as maintained by the Department.
14    "Antepartum" means before labor or childbirth.
15    "Board" means the Illinois Midwifery Board.
16    "Certified nurse midwife" means an individual licensed
17under the Nurse Practice Act as an advanced practice
18registered nurse and is certified as a nurse midwife.
19    "Client" means a childbearing individual or newborn for
20whom a licensed certified professional midwife provides
21services.
22    "Consultation" means the process by which a licensed
23certified professional midwife seeks the advice or opinion of
24another health care professional.
25    "Department" means the Department of Financial and

 

 

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

 

 

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

 

 

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

 

 

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1preceptors by NARM or its successor organization.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Supportive services" means simple routine medical tasks
5and procedures for which the midwife assistant or student
6midwife is appropriately trained.
 
7    Section 15. Address of record; email address of record.
8All applicants and licensees shall:
9        (1) provide a valid address and email address to the
10    Department, which shall serve as the address of record and
11    email address of record, respectively, at the time of
12    application for licensure or renewal of licensure; and
13        (2) inform the Department of any change of address of
14    record or email address of record within 14 days after
15    such change either through the Department's website or by
16    contacting the Department.
 
17    Section 20. Social security number on license application.
18In addition to any other information required to be contained
19in an application for licensure under this Act, every
20application for an original license under this Act shall
21include the applicant's social security number, which shall be
22retained in the agency's records pertaining to the license.
23For applicants without a social security number, an individual
24taxpayer identification number shall be provided instead of a

 

 

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1social security number. As soon as practical, the Department
2shall assign a customer's identification number to each
3applicant for a license. Every application for a renewal or
4restored license shall require the applicant's customer
5identification number.
 
6    Section 25. Exemptions.
7    (a) This Act does not prohibit a person licensed under any
8other Act in this State from engaging in the practice for which
9he or she is licensed or from delegating services as provided
10for under the Act.
11    (b) Nothing in this Act shall be construed to prohibit or
12require licensing under this Act with regard to:
13        (1) a traditional birth attendant practicing midwifery
14    without a license if the traditional birth attendant has
15    cultural, indigenous, or religious traditions that have
16    historically included the attendance of traditional birth
17    attendants at births and that birth attendant serves only
18    the women and families in that distinct cultural,
19    indigenous, or religious group;
20        (2) a student midwife practicing midwifery as part of
21    his or her course of study in an accredited midwife
22    institution, program, or pathway under the direction and
23    supervision of a qualified midwife preceptor; and
24        (3) a midwife assistant performing within the scope of
25    his or her responsibilities and duties as defined by rule

 

 

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1    under the supervision of a licensed certified professional
2    midwife.
3    (c) Nothing in this Act prevents a licensed certified
4professional midwife from assisting a health care
5professional, practicing within his or her scope of practice
6while providing antepartum, intrapartum, or postpartum care.
7    (d) Nothing in this Act abridges, limits, or changes in
8any way the rights of parents to deliver their baby where,
9when, how, and with whom they choose, regardless of licensure
10under this Act.
 
11    Section 30. Illinois Midwifery Board.
12    (a) There is created under the authority of the Department
13the Illinois Midwifery Board, which shall consist of 9 members
14appointed by the Secretary: 5 of whom shall be licensed
15certified professional midwives, with initial appointees
16having at least 3 years of experience in the practice of
17midwifery in an out-of-hospital setting, be certified by the
18North American Registry of Midwives, and meet the
19qualifications for licensure set forth in this Act; one of
20whom shall be an Illinois licensed physician who specializes
21in obstetrics; one of whom shall be a certified nurse midwife
22who provides home birth services; one of whom shall be a
23pediatric health care professional; and one of whom shall be a
24public member. Board members shall serve 4-year terms, except
25that in the case of initial appointments, terms shall be

 

 

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1staggered as follows: 4 members shall serve for 4 years, 3
2members shall serve for 3 years, and 2 members shall serve for
32 years. The Board shall annually elect a chairperson and vice
4chairperson. All board members must be residents of this
5State. All board members, except for the public member, must
6be licensed in good standing and, at the time of appointment,
7actively engaged in their respective professions.
8    (b) Any appointment made to fill a vacancy shall be for the
9unexpired portion of the term. Appointments to fill vacancies
10shall be made in the same manner as original appointments. No
11Board member may be reappointed for a term that would cause his
12or her continuous service on the Board to exceed 10 years.
13    (c) Board membership must have a reasonable representation
14from different geographic areas of this State, if possible.
15    (d) The Secretary may solicit board recommendations from
16midwifery organizations.
17    (e) The members of the Board may be reimbursed for all
18legitimate, necessary, and authorized expenses incurred in
19attending the meetings of the Board.
20    (f) The Secretary may remove any member of the Board for
21misconduct, incapacity, or neglect of duty at any time prior
22to the expiration of his or her term.
23    (g) Five Board members shall constitute a quorum. A
24vacancy in the membership of the Board shall not impair the
25right of a quorum to perform all of the duties of the Board.
26    (h) The Board may provide the Department with

 

 

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1recommendations concerning the administration of this Act and
2may perform each of the following duties:
3        (1) Recommend to the Department the prescription and,
4    from time to time, the revision of any rules that may be
5    necessary to carry out the provisions of this Act,
6    including those that are designed to protect the health,
7    safety, and welfare of the public.
8        (2) Recommend changes to the medication formulary list
9    as standards and drug availability change.
10        (3) Participate in disciplinary conferences and
11    hearings.
12        (4) Make recommendations to the Department regarding
13    disciplinary action taken against a licensee as provided
14    under this Act.
15        (5) Recommend the approval, denial of approval, and
16    withdrawal of approval of required education and
17    continuing educational programs.
18    (i) Members of the Board shall be immune from suit in an
19action based upon a disciplinary proceeding or other activity
20performed in good faith as a member of the Board, except for
21willful or wanton misconduct.
 
22    Section 35. Powers and duties of the Department; rules.
23    (a) The Department shall exercise the powers and duties
24prescribed by the Civil Administrative Code of Illinois for
25the administration of licensing Acts and shall exercise such

 

 

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1other powers and duties necessary for effectuating the
2purposes of this Act.
3    (b) The Secretary shall adopt rules consistent with the
4provisions of this Act for the administration and enforcement
5of this Act and for the payment of fees connected to this Act
6and may prescribe forms that shall be issued in connection
7with this Act.
 
8    Section 40. Use of title. No person may use the title
9"licensed midwife", describe or imply that he or she is a
10licensed midwife, or represent himself or herself as a
11licensed midwife unless the person is granted a license under
12this Act or is licensed as an advanced practice registered
13nurse with certification as a nurse midwife.
 
14    Section 45. Licensure.
15    (a) Each applicant who successfully meets the requirements
16of this Section is eligible for licensure as a certified
17professional midwife if the applicant:
18        (1) submits forms prescribed by the Department and
19    accompanied by the required nonrefundable fee;
20        (2) is at least 21 years of age;
21        (3) has successfully completed a licensure examination
22    approved by the Department;
23        (4) holds valid certified professional midwife
24    certification granted by NARM or its successor

 

 

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1    organization;
2        (5) holds an active cardiopulmonary resuscitation
3    certification;
4        (6) holds an active neonatal resuscitation provider
5    status; and
6        (7) successfully completed a postsecondary midwifery
7    education program through an institution, program, or
8    pathway accredited by the Midwife Education and
9    Accreditation Council, that has both academic and clinical
10    practice incorporated throughout the curriculum.
11    (b) A midwife who is certified by NARM, but who has not
12completed a MEAC program, may apply for licensure if he or she:
13        (1) holds a valid certified professional midwife
14    certification granted by NARM or its successor
15    organization for at least 3 years;
16        (2) provides proof of completion of the midwifery
17    bridge certificate granted by NARM and applies within one
18    year of adoption of rules; and
19        (3) provides proof of paragraphs (1) through (6)
20    required under subsection (a).
21    (c) Applicants have 3 years from the date of application
22to complete the application process. If the process has not
23been completed in 3 years, the application shall be denied,
24the fee shall be forfeited, and the applicant must reapply and
25meet the requirements in effect at the time of reapplication.
 

 

 

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1    Section 50. Endorsement. Upon payment of the required
2nonrefundable fee and submission of required documentation,
3the Department may, in its discretion, license as a certified
4professional midwife, an applicant who is a certified
5professional midwife licensed in another jurisdiction, if the
6requirements for licensure in that jurisdiction were, at the
7time of licensure, substantially equivalent to the
8requirements in force in this State on that date or equivalent
9to the requirements of this Act. Applicants have 3 years from
10the date of application to complete the application process.
11If the process has not been completed in 3 years, the
12application shall be denied, the fee shall be forfeited, and
13the applicant must reapply and meet the requirements in effect
14at the time of reapplication.
 
15    Section 55. Expiration; renewal of licensure. The
16expiration date and renewal period for each license issued
17under this Act shall be set by rule. The holder of a license
18may renew the license during the month preceding the
19expiration date of the license by paying the required fee. It
20is the responsibility of the licensee to notify the Department
21in writing of a change of address required for the renewal of a
22license under this Act. Applicants have 3 years from the date
23of application to complete the application process. If the
24process has not been completed in 3 years, the application
25shall be denied, the fee shall be forfeited, and the applicant

 

 

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1must reapply and meet the requirements in effect at the time of
2reapplication.
3    The Department may adopt rules for continuing education
4for licensed certified professional midwives licensed under
5this Act that require 20 hours of continuing education per
62-year license renewal cycle. The rules shall address
7variances in part or in whole for good cause, including
8without limitation, illness or hardship. The rules must ensure
9that licensees are given the opportunity to participate in
10programs sponsored by or through their State or national
11professional associations, hospitals, or other providers of
12continuing education. Each licensee is responsible for
13maintaining records of completion of continuing education and
14shall be prepared to produce the records when requested by the
15Department.
16    Any licensed certified professional midwife who has
17permitted his or her license to expire or who has had his or
18her license on inactive status may have the license restored
19by applying to the Department and filing proof acceptable to
20the Department of his or her fitness to have the license
21restored, and by paying the required fees. Proof of fitness
22may include sworn evidence certifying to active lawful
23practice in another jurisdiction.
24    If the licensed certified professional midwife has not
25maintained an active practice in another jurisdiction
26satisfactory to the Department, the Department shall

 

 

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1determine, by an evaluation program established by rule, his
2or her fitness for restoration of the license and shall
3establish procedures and requirements for such restoration.
4    However, any licensed certified professional midwife whose
5license expired while he or she was (1) in federal or State
6service on active duty, or (2) in training or education under
7the supervision of the United States preliminary to induction
8into the military service, may have the license restored
9without paying any lapsed renewal fees if, within 2 years
10after termination of such service, training, or education, he
11or she furnishes the Department with satisfactory evidence to
12the effect that he or she has been so engaged and that his or
13her service, training, or education has been terminated.
 
14    Section 60. Inactive status. Any licensed certified
15professional midwife who notified the Department in writing on
16forms prescribed by the Department, may elect to place his or
17her license on an inactive status and shall, subject to rules
18of the Department, be excused from payment of renewal fees
19until he or she notifies the Department in writing of his or
20her intention to restore the license.
21    Any licensed certified professional midwife requesting
22restoration from inactive status shall be required to pay the
23current renewal fee and shall be required to restore his or her
24license, as provided in Section 55.
25    Any licensed certified professional midwife whose license

 

 

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1is in an inactive status shall not practice in the State.
2    Any licensee who engages in practice while his or her
3license is lapsed or on inactive status shall be considered to
4be practicing without a license, which shall be grounds for
5discipline under Section 140.
 
6    Section 65. Informed consent.
7    (a) A licensed certified professional midwife shall, at an
8initial prenatal visit with a client, provide and disclose to
9the client orally and in writing all of the following
10information:
11        (1) the licensed certified professional midwife's
12    experience and training;
13        (2) the licensed certified professional midwife holds
14    an active CPR certification and an active neonatal
15    resuscitation provider status;
16        (3) whether the licensed certified professional
17    midwife has malpractice liability insurance coverage and
18    the coverage limits of the policy;
19        (4) a protocol for the handling of both the patient's
20    and the newborn's medical emergencies; this shall include,
21    but not be limited to, obtaining transportation to a
22    hospital particular to each client with identification of
23    the appropriate hospital, providing a verbal report of the
24    care provided to emergency services providers, and sending
25    a copy of the client records with the client at the time of

 

 

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1    any transfer to a hospital, including obtaining a signed
2    authorization to release the client's medical records to a
3    health care professional or hospital in the event of such
4    emergency transport;
5        (5) a statement informing the client that, in the
6    event of an emergency or voluntary transfer or if
7    subsequent care is required resulting from the acts or
8    omissions of the licensed certified professional midwife,
9    no liability for the acts or omissions of the licensed
10    certified professional midwife are assignable to the
11    receiving hospital, health care facility, physician,
12    nurse, emergency personnel, or other medical professional
13    rendering such care; the receiving hospital, health care
14    facility, physician, nurse, emergency medical personnel,
15    hospital, or other medical professional rendering care are
16    responsible for their own acts and omissions;
17        (6) a statement outlining the emergency equipment,
18    drugs, and personnel available to provide appropriate care
19    in the home;
20        (7) the intent to provide at least one midwife
21    assistant or student midwife during intrapartum and
22    immediate postpartum care; and
23        (8) a recommendation that the client preregister with
24    the nearest hospital and explain the benefits of
25    preregistration.
26    (b) A licensed certified professional midwife shall, at an

 

 

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1initial prenatal visit with a client, provide a copy of the
2written disclosures required under this Section to the client
3and obtain the client's signature and date of signature
4acknowledging that the client has been informed, orally and in
5writing, of the disclosures required.
 
6    Section 70. Scope of practice.
7    (a) A licensed certified professional midwife shall:
8        (1) offer each client routine prenatal care and
9    testing in accordance with current American College of
10    Obstetricians and Gynecologists guidelines;
11        (2) provide all clients with a plan for 24 hour
12    on-call availability by a licensed certified professional
13    midwife, certified nurse midwife, or licensed physician
14    throughout pregnancy, intrapartum, and 6 weeks postpartum;
15        (3) provide clients with labor support, fetal
16    monitoring, and routine assessment of vital signs once
17    active labor is established;
18        (4) supervise delivery of infant and placenta, assess
19    newborn and maternal well-being in immediate postpartum,
20    and perform an Apgar score assessment;
21        (5) perform routine cord management and inspect for an
22    appropriate number of vessels;
23        (6) inspect the placenta and membranes for
24    completeness;
25        (7) inspect the perineum and vagina postpartum for

 

 

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1    lacerations and stabilize if necessary;
2        (8) observe the childbearing individual and newborn
3    postpartum until stable condition is achieved, but in no
4    event for less than 2 hours;
5        (9) instruct the childbearing individual, spouse, and
6    other support persons, both verbally and in writing, of
7    the special care and precautions for both the childbearing
8    individual and newborn in the immediate postpartum period;
9        (10) reevaluate maternal and newborn well-being within
10    36 hours of delivery;
11        (11) notify a pediatric health care professional
12    within 72 hours after delivery;
13        (12) use universal precautions with all biohazard
14    materials;
15        (13) ensure that a birth certificate is accurately
16    completed and filed in accordance with the Department of
17    Public Health;
18        (14) offer to obtain and submit a blood sample in
19    accordance with the recommendations for metabolic
20    screening of the newborn;
21        (15) offer an injection of vitamin K for the newborn
22    in accordance with the indication, dose, and
23    administration route as authorized in subsection (b);
24        (16) within one week of delivery, offer a newborn
25    hearing screening to every newborn or refer the parents to
26    a facility with a newborn hearing screening program;

 

 

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1        (17) within 2 hours of the birth, offer the
2    administration of antibiotic ointment into the eyes of the
3    newborn, in accordance with the Infant Eye Disease Act;
4    and
5        (18) maintain adequate antenatal and perinatal records
6    of each client and provide records to consulting licensed
7    physicians and licensed certified nurse midwives, in
8    accordance with regulations promulgated under the Health
9    Insurance Portability and Accountability Act of 1996.
10    (b) A licensed certified professional midwife may obtain
11and administer the following during the practice of midwifery:
12        (1) oxygen for the treatment of fetal distress;
13        (2) eye prophylactics, either 0.5% erythromycin
14    ophthalmic ointment or 1% tetracycline ophthalmic ointment
15    for the prevention of neonatal ophthalmia;
16        (3) oxytocin, pitocin, or misoprostol as a postpartum
17    antihemorrhagic agent;
18        (4) methylergonovine or methergine for the treatment
19    of postpartum hemorrhage;
20        (5) vitamin K for the prophylaxis of hemorrhagic
21    disease of the newborn;
22        (6) Rho (D) immune globulin for the prevention of Rho
23    (D) sensitization in Rho (D) negative individuals;
24        (7) intravenous fluids for maternal stabilization,
25    including lactated Ringer's solution, or with 5% dextrose
26    unless unavailable or impractical, in which case 0.09%

 

 

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1    sodium chloride may be administered;
2        (8) administer antibiotics as prophylactic for GBS in
3    accordance with current ACOG protocols as provided by
4    Department rule;
5        (9) ibuprofen for postpartum pain relief;
6        (10) lidocaine injection as a local anesthetic for
7    perineal repair; and
8        (11) sterile water subcutaneous injections as a
9    non-pharmaceutical form of pain relief during the first
10    and second stages of labor.
11    The Department may approve by rule additional medications,
12agents, or procedures based upon updated evidence-based
13obstetrical guidelines or based upon limited availability of
14standard medications or agents.
15    (c) A licensed certified professional midwife shall plan
16for at least 2 licensed certified professional midwives or a
17licensed certified professional midwife and a midwife
18assistant or student midwife to be present at all
19out-of-hospital births.
 
20    Section 75. Consultation and referral.
21    (a) A licensed certified professional midwife shall
22consult with a licensed physician or a certified nurse midwife
23providing obstetrical care whenever there are significant
24deviations, including abnormal laboratory results, relative to
25a client's pregnancy or to a neonate. If a referral to a

 

 

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1physician or certified nurse midwife is needed, the licensed
2certified professional midwife shall refer the client to a
3physician or certified nurse midwife and, if possible, remain
4in consultation with the physician until resolution of the
5concern. Consultation does not preclude the possibility of an
6out-of-hospital birth. It is appropriate for the licensed
7certified professional midwife to maintain care of the client
8to the greatest degree possible, in accordance with the
9client's wishes, during the pregnancy and, if possible, during
10labor, birth, and the postpartum period.
11    (b) A licensed certified professional midwife shall
12consult with a licensed physician or a certified nurse midwife
13with regard to any childbearing individual who presents with
14or develops the following risk factors or presents with or
15develops other risk factors that, in the judgment of the
16licensed certified professional midwife, warrant consultation:
17        (1) Antepartum:
18            (A) pregnancy induced hypertension, as evidenced
19        by a blood pressure of 140/90 on 2 occasions greater
20        than 6 hours apart;
21            (B) persistent, severe headaches, epigastric pain,
22        or visual disturbances;
23            (C) persistent symptoms of urinary tract
24        infection;
25            (D) significant vaginal bleeding before the onset
26        of labor not associated with uncomplicated spontaneous

 

 

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1        abortion;
2            (E) rupture of membranes prior to the 37th week
3        gestation;
4            (F) noted abnormal decrease in or cessation of
5        fetal movement;
6            (G) anemia resistant to supplemental therapy;
7            (H) fever of 102 degrees Fahrenheit or 39 degrees
8        Celsius or greater for more than 24 hours;
9            (I) non-vertex presentation after 38 weeks
10        gestation;
11            (J) hyperemesis or significant dehydration;
12            (K) isoimmunization, Rh-negative sensitized,
13        positive titers, or any other positive antibody titer,
14        which may have a detrimental effect on the
15        childbearing individual or fetus;
16            (L) elevated blood glucose levels unresponsive to
17        dietary management;
18            (M) positive HIV antibody test;
19            (N) primary genital herpes infection in pregnancy;
20            (O) symptoms of malnutrition or anorexia or
21        protracted weight loss or failure to gain weight;
22            (P) suspected deep vein thrombosis;
23            (Q) documented placental anomaly or previa;
24            (R) documented low-lying placenta in a
25        childbearing individual with history of previous
26        cesarean delivery;

 

 

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1            (S) labor prior to the 37th week of gestation;
2            (T) history of prior uterine incision;
3            (U) lie other than vertex at term;
4            (V) multiple gestation;
5            (W) known fetal anomalies that may be affected by
6        the site of birth;
7            (X) marked abnormal fetal heart tones;
8            (Y) abnormal non-stress test or abnormal
9        biophysical profile;
10            (Z) marked or severe polyhydramnios or
11        oligohydramnios;
12            (AA) evidence of intrauterine growth restriction;
13            (BB) significant abnormal ultrasound findings; or
14            (CC) gestation beyond 42 weeks by reliable
15        confirmed dates;
16        (2) Intrapartum:
17            (A) rise in blood pressure above baseline, more
18        than 30/15 points or greater than 140/90;
19            (B) persistent, severe headaches, epigastric pain
20        or visual disturbances;
21            (C) significant proteinuria or ketonuria;
22            (D) fever over 100.6 degrees Fahrenheit or 38
23        degrees Celsius in absence of environmental factors;
24            (E) ruptured membranes without onset of
25        established labor after 18 hours;
26            (F) significant bleeding prior to delivery or any

 

 

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1        abnormal bleeding, with or without abdominal pain or
2        evidence of placental abruption;
3            (G) lie not compatible with spontaneous vaginal
4        delivery or unstable fetal lie;
5            (H) failure to progress after 5 hours of active
6        labor or following 2 hours of active second stage
7        labor;
8            (I) signs or symptoms of maternal infection;
9            (J) active genital herpes at onset of labor;
10            (K) fetal heart tones with non-reassuring
11        patterns;
12            (L) signs or symptoms of fetal distress;
13            (M) thick meconium or frank bleeding with birth
14        not imminent; or
15            (N) client or licensed certified professional
16        midwife desires physician consultation or transfer;
17        (3) Postpartum:
18            (A) failure to void within 6 hours of birth;
19            (B) signs or symptoms of maternal shock;
20            (C) fever of 102 degrees Fahrenheit or 39 degrees
21        Celsius and unresponsive to therapy for 12 hours;
22            (D) abnormal lochia or signs or symptoms of
23        uterine sepsis;
24            (E) suspected deep vein thrombosis; or
25            (F) signs of clinically significant depression.
26    (c) A licensed certified professional midwife shall

 

 

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1consult with a licensed physician or certified nurse midwife
2with regard to any neonate who is born with or develops the
3following risk factors:
4        (1) Apgar score of 6 or less at 5 minutes without
5    significant improvement by 10 minutes;
6        (2) persistent grunting respirations or retractions;
7        (3) persistent cardiac irregularities;
8        (4) persistent central cyanosis or pallor;
9        (5) persistent lethargy or poor muscle tone;
10        (6) abnormal cry;
11        (7) birth weight less than 2,300 grams;
12        (8) jitteriness or seizures;
13        (9) jaundice occurring before 24 hours or outside of
14    normal range;
15        (10) failure to urinate within 24 hours of birth;
16        (11) failure to pass meconium within 48 hours of
17    birth;
18        (12) edema;
19        (13) prolonged temperature instability;
20        (14) significant signs or symptoms of infection;
21        (15) significant clinical evidence of glycemic
22    instability;
23        (16) abnormal, bulging, or depressed fontanel;
24        (17) significant clinical evidence of prematurity;
25        (18) medically significant congenital anomalies;
26        (19) significant or suspected birth injury;

 

 

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1        (20) persistent inability to suck;
2        (21) diminished consciousness;
3        (22) clinically significant abnormalities in vital
4    signs, muscle tone, or behavior;
5        (23) clinically significant color abnormality,
6    cyanotic, or pale or abnormal perfusion;
7        (24) abdominal distension or projectile vomiting; or
8        (25) signs of clinically significant dehydration or
9    failure to thrive.
10    (d) Consultation with a health care professional does not
11establish a formal relationship with the client. Consultation
12does not establish a formal relationship between a licensed
13certified professional midwife and another health care
14professional.
 
15    Section 80. Transfer.
16    (a) Transport via private vehicle is an acceptable method
17of transport if it is the most expedient and safest method for
18accessing medical services. The licensed certified
19professional midwife shall initiate immediate transport
20according to the licensed certified professional midwife's
21emergency plan, provide emergency stabilization until
22emergency medical services arrive or transfer is completed,
23accompany the client or follow the client to a hospital in a
24timely fashion, and provide pertinent information to the
25receiving facility and complete an emergency transport record.

 

 

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1    (b) A licensed certified professional midwife must
2establish a written protocol for the handling of both the
3patient's and newborn's medical emergencies, including
4transportation to a hospital, particular to each client, with
5identification of the appropriate hospital. A verbal report of
6the care provided must be provided to emergency services
7providers and a copy of the client records shall be sent with
8the client at the time of any transfer to a hospital, including
9obtaining a signed authorization to release the client's
10medical records to a health care professional or hospital in
11the event of such emergency.
 
12    Section 85. Prohibited practices.
13    (a) A licensed certified professional midwife may not do
14any of the following:
15        (1) administer prescription pharmacological agents
16    intended to induce or augment labor;
17        (2) administer prescription pharmacological agents to
18    provide pain management;
19        (3) use vacuum extractors or forceps;
20        (4) prescribe medications;
21        (5) provide out-of-hospital care to a childbearing
22    individual who has had a previous cesarean section;
23        (6) perform abortions or surgical procedures,
24    including, but not limited to, cesarean sections and
25    circumcisions, except for an emergency episiotomy;

 

 

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1        (7) knowingly accept responsibility for prenatal or
2    intrapartum care of a client with any of the following
3    risk factors:
4            (A) chronic significant maternal cardiac,
5        pulmonary, renal, or hepatic disease;
6            (B) malignant disease in an active phase;
7            (C) significant hematological disorders,
8        coagulopathies, or pulmonary embolism;
9            (D) insulin requiring diabetes mellitus;
10            (E) known maternal congenital abnormalities
11        affecting childbirth;
12            (F) confirmed isoimmunization, Rh disease with
13        positive titer;
14            (G) active tuberculosis;
15            (H) active syphilis or gonorrhea;
16            (I) active genital herpes infection 2 weeks prior
17        to labor or in labor;
18            (J) pelvic or uterine abnormalities affecting
19        normal vaginal births, including tumors and
20        malformations;
21            (K) alcoholism or alcohol abuse;
22            (L) drug addiction or abuse; or
23            (M) confirmed AIDS status.
24    (b) A licensed certified professional midwife shall not
25administer Schedule II through IV controlled substances.
26Subject to a prescription by a health care professional,

 

 

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1Schedule V controlled substances may be administered by
2licensed certified professional midwives.
 
3    Section 90. Annual Reports.
4    (a) A licensed certified professional midwife shall
5annually report to the Department of Public Health, by no
6later than March 31 of each year, in a manner specified by the
7Department of Public Health, the following information
8regarding cases in which the licensed certified professional
9midwife assisted during the previous calendar year when the
10intended place of birth at the onset of care was an
11out-of-hospital setting:
12        (1) the total number of patients served at the onset
13    of care;
14        (2) the number, by county, of live births attended;
15        (3) the number, by county, of cases of fetal demise,
16    infant deaths, and maternal deaths attended at the
17    discovery of the demise or death;
18        (4) the number of women whose care was transferred to
19    another health care professional during the antepartum
20    period and the reason for transfer;
21        (5) the number, reason for, and outcome of each
22    nonemergency hospital transfer during the intrapartum or
23    postpartum period;
24        (6) the number, reason for, and outcome of each urgent
25    or emergency transport of an expectant childbearing

 

 

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1    individual in the antepartum period;
2        (7) the number, reason for, and outcome of each urgent
3    or emergency transport of an infant or childbearing
4    individual during the intrapartum or immediate postpartum
5    period;
6        (8) the number of planned out-of-hospital births at
7    the onset of labor and the number of births completed in an
8    out-of-hospital setting;
9        (9) a brief description of any complications resulting
10    in the morbidity or mortality of a childbearing individual
11    or a neonate; and
12        (10) any other information required by rule by the
13    Department of Public Health.
14    (b) The Board shall maintain the confidentiality of any
15report under subsection (d).
16    (c) Notwithstanding any other provision of law, a licensed
17certified professional midwife shall be subject to the same
18reporting requirements as other health care professionals who
19provide care to individuals.
20    (d) Reports are confidential under Section 180 of this
21Act.
 
22    Section 95. Vicarious liability.
23    (a) Consultation with a physician or advanced practice
24registered nurse does not alone create a physician-patient or
25advanced practice registered nurse-patient relationship or any

 

 

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1other relationship with the physician or advanced practice
2registered nurse. The informed consent shall specifically
3state that the licensed certified professional midwife and any
4consulting physician or advanced practice registered nurse are
5not employees, partners, associates, agents, or principals of
6one another. The licensed certified professional midwife shall
7inform the patient that he or she is independently licensed
8and practicing midwifery and in that regard is solely
9responsible for the services he or she provides.
10    (b) Nothing in this Act is intended to expand or limit the
11malpractice liability of physicians, advanced practice
12registered nurses, licensed certified professional midwives,
13or other health care professionals, hospitals, or other health
14care institutions beyond the limits existing in current
15Illinois statutory and common law; however, no physician,
16nurse, emergency medical personnel, hospital, or other health
17care institution shall be liable for any act or omission
18resulting from the provision of services by any licensed
19certified professional midwife solely on the basis that the
20physician, nurse, emergency medical personnel, hospital, or
21other health care institution has consulted with or accepted a
22referral from the licensed certified professional midwife. The
23physician, nurse, licensed certified professional midwife,
24emergency medical personnel, hospital, or other health care
25institution providing care are responsible for their own acts
26and omissions.
 

 

 

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1    Section 100. Grounds for disciplinary action.
2    (a) The Department may refuse to issue or to renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action with regard to any
5license issued under this Act as the Department may deem
6proper, including the issuance of fines not to exceed $10,000
7for each violation, for any one or combination of the
8following causes:
9        (1) Material misstatement in furnishing information to
10    the Department.
11        (2) Violations of this Act, or the rules adopted under
12    this Act.
13        (3) Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment or
15    sentencing, including, but not limited to, convictions,
16    preceding sentences of supervision, conditional discharge,
17    or first offender probation, under the laws of any
18    jurisdiction of the United States that is: (i) a felony;
19    or (ii) a misdemeanor, an essential element of which is
20    dishonesty, or that is directly related to the practice of
21    the profession.
22        (4) Making any misrepresentation for the purpose of
23    obtaining licenses.
24        (5) Professional incompetence.
25        (6) Aiding or assisting another person in violating

 

 

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1    any provision of this Act or its rules.
2        (7) Failing, within 60 days, to provide information in
3    response to a written request made by the Department.
4        (8) Engaging in dishonorable, unethical, or
5    unprofessional conduct, as defined by rule, of a character
6    likely to deceive, defraud, or harm the public.
7        (9) Habitual or excessive use or addiction to alcohol,
8    narcotics, stimulants, or any other chemical agent or drug
9    that results in a midwife's inability to practice with
10    reasonable judgment, skill, or safety.
11        (10) Discipline by another U.S. jurisdiction or
12    foreign nation, if at least one of the grounds for
13    discipline is the same or substantially equivalent to
14    those set forth in this Section.
15        (11) Directly or indirectly giving to or receiving
16    from any person, firm, corporation, partnership, or
17    association any fee, commission, rebate or other form of
18    compensation for any professional services not actually or
19    personally rendered. Nothing in this paragraph affects any
20    bona fide independent contractor or employment
21    arrangements, including provisions for compensation,
22    health insurance, pension, or other employment benefits,
23    with persons or entities authorized under this Act for the
24    provision of services within the scope of the licensee's
25    practice under this Act.
26        (12) A finding by the Department that the licensee,

 

 

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1    after having his or her license placed on probationary
2    status, has violated the terms of probation.
3        (13) Abandonment of a patient.
4        (14) Willfully making or filing false records or
5    reports in his or her practice, including, but not limited
6    to, false records filed with state agencies or
7    departments.
8        (15) Willfully failing to report an instance of
9    suspected child abuse or neglect as required by the Abused
10    and Neglected Child Reporting Act.
11        (16) Physical illness, or mental illness or impairment
12    that results in the inability to practice the profession
13    with reasonable judgment, skill, or safety, including, but
14    not limited to, deterioration through the aging process or
15    loss of motor skill.
16        (17) Being named as a perpetrator in an indicated
17    report by the Department of Children and Family Services
18    under the Abused and Neglected Child Reporting Act, and
19    upon proof by clear and convincing evidence that the
20    licensee has caused a child to be an abused child or
21    neglected child as defined in the Abused and Neglected
22    Child Reporting Act.
23        (18) Gross negligence resulting in permanent injury or
24    death of a patient.
25        (19) Employment of fraud, deception, or any unlawful
26    means in applying for or securing a license as a licensed

 

 

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1    certified profession midwife.
2        (21) Immoral conduct in the commission of any act,
3    including sexual abuse, sexual misconduct, or sexual
4    exploitation related to the licensee's practice.
5        (22) Violation of the Health Care Worker Self-Referral
6    Act.
7        (23) Practicing under a false or assumed name, except
8    as provided by law.
9        (24) Making a false or misleading statement regarding
10    his or her skill or the efficacy or value of the medicine,
11    treatment, or remedy prescribed by him or her in the
12    course of treatment.
13        (25) Allowing another person to use his or her license
14    to practice.
15        (26) Prescribing, selling, administering,
16    distributing, giving, or self-administering a drug
17    classified as a controlled substance for purposes other
18    than medically-accepted therapeutic purposes.
19        (27) Promotion of the sale of drugs, devices,
20    appliances, or goods provided for a patient in a manner to
21    exploit the patient for financial gain.
22        (28) A pattern of practice or other behavior that
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (29) Violating State or federal laws, rules, or
26    regulations relating to controlled substances or other

 

 

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1    legend drugs or ephedra as defined in the Ephedra
2    Prohibition Act.
3        (30) Failure to establish and maintain records of
4    patient care and treatment as required by law.
5        (31) Attempting to subvert or cheat on the examination
6    of the North American Registry of Midwives or its
7    successor agency.
8        (32) Willfully or negligently violating the
9    confidentiality between licensed certified profession
10    midwives and patient, except as required by law.
11        (33) Willfully failing to report an instance of
12    suspected abuse, neglect, financial exploitation, or
13    self-neglect of an eligible adult as defined in and
14    required by the Adult Protective Services Act.
15        (34) Being named as an abuser in a verified report by
16    the Department on Aging under the Adult Protective
17    Services Act and upon proof by clear and convincing
18    evidence that the licensee abused, neglected, or
19    financially exploited an eligible adult as defined in the
20    Adult Protective Services Act.
21        (35) Failure to report to the Department an adverse
22    final action taken against him or her by another licensing
23    jurisdiction of the United States or a foreign state or
24    country, a peer review body, a health care institution, a
25    professional society or association, a governmental
26    agency, a law enforcement agency, or a court.

 

 

10200HB3401sam002- 38 -LRB102 14708 SPS 29790 a

1        (36) Failure to provide copies of records of patient
2    care or treatment, except as required by law.
3        (37) Failure of a licensee to report to the Department
4    surrender by the licensee of a license or authorization to
5    practice in another state or jurisdiction or current
6    surrender by the licensee of membership professional
7    association or society while under disciplinary
8    investigation by any of those authorities or bodies for
9    acts or conduct similar to acts or conduct that would
10    constitute grounds for action under this Section.
11        (38) Failing, within 90 days, to provide a response to
12    a request for information in response to a written request
13    made by the Department by certified or registered mail or
14    by email to the email address of record.
15        (39) Failure to supervise a midwife assistant or
16    student midwife including, but not limited to, allowing a
17    midwife assistant or student midwife to exceed their
18    scope.
19        (40) Failure to adequately inform a patient about
20    their malpractice liability insurance coverage and the
21    policy limits of the coverage.
22        (41) Failure to submit an annual report to Department
23    of Public Health.
24        (42) Failure to disclose active cardiopulmonary
25    resuscitation certification or neonatal resuscitation
26    provider status to clients.

 

 

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1        (43) Engaging in one of the prohibited practices
2    provided for in Section 85 of this Act.
3    (b) The Department may, without a hearing, refuse to issue
4or renew or may suspend the license of any person who fails to
5file a return, or to pay the tax, penalty, or interest shown in
6a filed return, or to pay any final assessment of the tax,
7penalty, or interest as required by any tax Act administered
8by the Department of Revenue, until the requirements of any
9such tax Act are satisfied.
10    (c) The determination by a circuit court that a licensee
11is subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension will
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and issues an order so finding and discharging the patient,
17and upon the recommendation of the Board to the Secretary that
18the licensee be allowed to resume his or her practice.
19    (d) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel an individual
21licensed to practice under this Act, or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination, or both, including a substance abuse or sexual
24offender evaluation, as required by and at the expense of the
25Department.
26    The Department shall specifically designate the examining

 

 

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1physician licensed to practice medicine in all of its branches
2or, if applicable, the multidisciplinary team involved in
3providing the mental or physical examination or both. The
4multidisciplinary team shall be led by a physician licensed to
5practice medicine in all of its branches and may consist of one
6or more or a combination of physicians licensed to practice
7medicine in all of its branches, licensed clinical
8psychologists, licensed clinical social workers, licensed
9clinical professional counselors, and other professional and
10administrative staff. Any examining physician or member of the
11multidisciplinary team may require any person ordered to
12submit to an examination pursuant to this Section to submit to
13any additional supplemental testing deemed necessary to
14complete any examination or evaluation process, including, but
15not limited to, blood testing, urinalysis, psychological
16testing, or neuropsychological testing.
17    The Department may order the examining physician or any
18member of the multidisciplinary team to provide to the
19Department any and all records, including business records,
20that relate to the examination and evaluation, including any
21supplemental testing performed.
22    The Department may order the examining physician or any
23member of the multidisciplinary team to present testimony
24concerning the mental or physical examination of the licensee
25or applicant. No information, report, record, or other
26documents in any way related to the examination shall be

 

 

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1excluded by reason of any common law or statutory privilege
2relating to communications between the licensee or applicant
3and the examining physician or any member of the
4multidisciplinary team. No authorization is necessary from the
5licensee or applicant ordered to undergo an examination for
6the examining physician or any member of the multidisciplinary
7team to provide information, reports, records, or other
8documents or to provide any testimony regarding the
9examination and evaluation.
10    The individual to be examined may have, at his or her own
11expense, another physician of his or her choice present during
12all aspects of this examination. However, that physician shall
13be present only to observe and may not interfere in any way
14with the examination.
15    Failure of an individual to submit to a mental or physical
16examination, when ordered, shall result in an automatic
17suspension of his or her license until the individual submits
18to the examination.
19    If the Department finds an individual unable to practice
20because of the reasons set forth in this Section, the
21Department may require that individual to submit to care,
22counseling, or treatment by physicians approved or designated
23by the Department, as a condition, term, or restriction for
24continued, reinstated, or renewed licensure to practice; or,
25in lieu of care, counseling, or treatment, the Department may
26file a complaint to immediately suspend, revoke, or otherwise

 

 

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1discipline the license of the individual. An individual whose
2license was granted, continued, reinstated, renewed,
3disciplined, or supervised subject to such terms, conditions,
4or restrictions, and who fails to comply with such terms,
5conditions, or restrictions, shall be referred to the
6Secretary for a determination as to whether the individual
7shall have his or her license suspended immediately, pending a
8hearing by the Department.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that
11person's license must be convened by the Department within 30
12days after the suspension and completed without appreciable
13delay. The Department shall have the authority to review the
14subject individual's record of treatment and counseling
15regarding the impairment to the extent permitted by applicable
16federal statutes and regulations safeguarding the
17confidentiality of medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate
20to the Department that he or she can resume practice in
21compliance with acceptable and prevailing standards under the
22provisions of his or her license.
 
23    Section 105. Suspension of license for failure to pay
24restitution. The Department, without further process or
25hearing, shall suspend the license or other authorization to

 

 

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1practice of any person issued under this Act who has been
2certified by court order as not having paid restitution to a
3person under Section 8A-3.5 of the Illinois Public Aid Code or
4under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
5the Criminal Code of 2012. A person whose license or other
6authorization to practice is suspended under this Section is
7prohibited from practicing until the restitution is made in
8full.
 
9    Section 110. Restoration of license. At any time after the
10successful completion of a term of probation, suspension, or
11revocation of any license, the Department may restore it to
12the licensee, unless after an investigation and a hearing, the
13Department determines that restoration is not in the public
14interest. Where circumstances of suspension or revocation so
15indicate, the Department may require an examination of the
16licensee prior to restoring his or her license. No person
17whose license has been revoked as authorized in this Act may
18apply for restoration of that license until provided for in
19the Civil Administrative Code of Illinois.
20    A license that has been suspended or revoked shall be
21considered nonrenewed for purposes of restoration and a person
22restoring his or her license from suspension or revocation
23must comply with the requirements for restoration of a
24nonrenewed license as set forth in Section 20 and any related
25rules adopted.
 

 

 

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1    Section 115. Surrender of license. Upon the revocation or
2suspension of any license, the licensee shall immediately
3surrender the license to the Department. If the licensee fails
4to do so, the Department shall have the right to seize the
5license.
 
6    Section 120. Temporary suspension of license. The
7Secretary may temporarily suspend the license of a certified
8professional midwife without a hearing, simultaneously with
9the institution of proceedings for a hearing provided for in
10Section 125, if the Secretary finds that evidence in his or her
11possession indicates that continuation in practice would
12constitute an imminent danger to the public. If the Secretary
13suspends, temporarily, the license without a hearing, a
14hearing by the Department must be held within 30 days after
15such suspension has occurred, and concluded without
16appreciable delay.
 
17    Section 125. Rehearing. If the Secretary is satisfied that
18substantial justice has not been done in the revocation,
19suspension, or refusal to issue or renew a license, the
20Secretary may order a rehearing by the same or another hearing
21officer or Board.
 
22    Section 130. Administrative review; certification of

 

 

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1record.
2    (a) All final administrative decisions of the Department
3are subject to judicial review pursuant to the provisions of
4the Administrative Review Law, and all rules adopted pursuant
5thereto. "Administrative decision" has the same meaning as
6used in Section 3-101 of the Code of Civil Procedure.
7    (b) Proceedings for judicial review shall be commenced in
8the circuit court of the county in which the party applying for
9review resides, but if the party is not a resident of this
10State, venue shall be in Sangamon County.
11    (c) The Department shall not be required to certify any
12record to the court, to file an answer in court, or to
13otherwise appear in any court in a judicial review proceeding
14unless and until the Department has received from the
15plaintiff payment of the costs of furnishing and certifying
16the record, which costs shall be determined by the Department.
17Exhibits shall be certified without cost. Failure on the part
18of the plaintiff to file a receipt in court is grounds for
19dismissal of the action. During the pendency and hearing of
20any and all judicial proceedings incident to the disciplinary
21action, the sanctions imposed upon the accused by the
22Department because of acts or omissions related to the
23delivery of direct patient care as specified in the
24Department's final administrative decision, shall, as a matter
25of public policy, remain in full force and effect in order to
26protect the public pending final resolution of any of the

 

 

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1proceedings.
 
2    Section 135. Injunction.
3    (a) If any person violates any provision of this Act, the
4Secretary may, in the name of the People of the State of
5Illinois, through the Attorney General, or the State's
6Attorney of any county in which the action is brought,
7petition for an order enjoining the violation or for an order
8enforcing compliance with this Act. Upon the filing of a
9verified petition in court, the court may issue a temporary
10restraining order, without notice or bond, and may
11preliminarily and permanently enjoin such violation, and if it
12is established that such person has violated or is violating
13the injunction, the Court may punish the offender for contempt
14of court. Proceedings under this Section shall be in addition
15to, and not in lieu of, all other remedies and penalties
16provided by this Act.
17    (b) If any person shall practice as a certified
18professional midwife or hold himself or herself out as a
19licensed certified professional midwife without being licensed
20under the provisions of this Act, then any licensed certified
21professional midwife, any interested party, or any person
22injured thereby may, in addition to the Secretary, petition
23for relief as provided in subsection (a).
24    (c) If, in the opinion of the Department, any person
25violates any provision of this Act, the Department may issue a

 

 

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1rule to show cause why an order to cease and desist should not
2be entered against him or her. The rule shall clearly set forth
3the grounds relied upon by the Department and shall provide a
4period of 7 days from the date of the rule to file an answer to
5the satisfaction of the Department. Failure to answer to the
6satisfaction of the Department shall cause an order to cease
7and desist to be issued forthwith.
 
8    Section 140. Investigation; notice; hearing. The
9Department may investigate the actions of any applicant or of
10any person or persons holding or claiming to hold a license
11under this Act. The Department shall, before suspending,
12revoking, placing on probationary status, or taking any other
13disciplinary action as the Department may deem proper with
14regard to any license, at least 30 days prior to the date set
15for the hearing, notify the applicant or licensee in writing
16of any charges made and the time and place for a hearing of the
17charges, direct him or her to file his or her written answer
18under oath within 20 days after the service and inform the
19applicant or licensee that failure to answer will result in a
20default being entered against the applicant or licensee. As a
21result of the default, such may be suspended, revoked, placed
22on probationary status, or have other disciplinary action,
23including limiting the scope, nature or extent of his or her
24practice, as the Department may deem proper taken with regard
25thereto. Written or electronic notice may be served by

 

 

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1personal delivery, email, or mail to the applicant or licensee
2at his or her address of record or email address of record. At
3the time and place fixed in the notice, the Department shall
4proceed to hear the charges and the parties or their counsel
5shall be accorded ample opportunity to present such
6statements, testimony, evidence, and argument as may be
7pertinent to the charges or to the defense thereto. The
8Department may continue such hearing from time to time. In
9case the applicant or licensee, after receiving notice, fails
10to file an answer, his or her license may in the discretion of
11the Secretary, having received first the recommendation of the
12Board, be suspended, revoked, placed on probationary status,
13or the Secretary may take whatever disciplinary action as he
14or she may deem proper, including limiting the scope, nature,
15or extent of such person's practice, without a hearing, if the
16act or acts charged constitute sufficient grounds for such
17action under this Act.
 
18    Section 145. Hearing report. At the conclusion of the
19hearing, the Board shall present to the Secretary a written
20report of its findings of fact, conclusions of law, and
21recommendations. The report shall contain a finding of whether
22the accused person violated this Act or failed to comply with
23the conditions required in this Act. The Board shall specify
24the nature of the violation or failure to comply, and shall
25make its recommendations to the Secretary.

 

 

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1    The report of findings of fact, conclusions of law, and
2recommendation of the Board shall be the basis for the
3Department's order or refusal or for the granting of a license
4or permit. The finding is not admissible in evidence against
5the person in a criminal prosecution brought for the violation
6of this Act, but the hearing and finding are not a bar to a
7criminal prosecution brought for the violation of this Act.
 
8    Section 150. Hearing officer. Notwithstanding the
9provisions of Section 140, the Secretary shall have the
10authority to appoint any attorney duly licensed to practice
11law in this State to serve as the hearing officer in any action
12for refusal to issue or renew, or for discipline of, a license.
13The hearing officer shall have full authority to conduct the
14hearing. The hearing officer shall report his or her findings
15of fact, conclusions of law, and recommendations to the Board
16and the Secretary. The Board shall have 60 days after receipt
17of the report to review the report of the hearing officer and
18present their findings of fact, conclusions of law, and
19recommendations to the Secretary. If the Secretary disagrees
20in any regard with the report of the Board or hearing officer,
21he or she may issue an order in contravention thereof.
 
22    Section 155. Motion for rehearing.    In any case
23involving the refusal to issue, renew, or discipline of a
24license, a copy of the Board's report shall be served upon the

 

 

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1respondent by the Department, either personally or as provided
2in this Act for the service of the notice of hearing. Within 20
3days after such service, the respondent may present to the
4Department a motion in writing for a rehearing, which motion
5shall specify the particular grounds therefor. If no motion
6for rehearing is filed, then upon the expiration of the time
7specified for filing such a motion, or if a motion for
8rehearing is denied, then upon such denial the Secretary may
9enter an order in accordance with recommendations of the Board
10except as provided in Section 145 or 150. If the respondent
11shall order from the reporting service, and pay for a
12transcript of the record within the time for filing a motion
13for rehearing, the 20-day period within which such a motion
14may be filed shall commence upon the delivery of the
15transcript to the respondent.
 
16    Section 160. Certification of records by Department. The
17Department shall not be required to certify any record to the
18court or file any answer in court or otherwise appear in any
19court in a judicial review proceeding, unless there is filed
20in the court, with the complaint, a receipt from the
21Department acknowledging payment of the costs of furnishing
22and certifying the record. Failure on the part of the
23plaintiff to file a receipt in court shall be grounds for
24dismissal of the action.
 

 

 

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1    Section 165. Violation. Any person who is found to have
2knowingly violated any provision of this Act is guilty of a
3Class A misdemeanor. On conviction of a second or subsequent
4offense the violator shall be guilty of a Class 4 felony.
 
5    Section 170. Fees.
6    (a) Fees collected for the administration of this Act
7shall be set by the Department by rule. All fees are
8nonrefundable.
9    (b) All moneys collected under this Act by the Department
10shall be deposited in the General Professions Dedicated Fund.
 
11    Section 175. Returned checks; fines. Any person who
12delivers a check or other payment to the Department that is
13returned to the Department unpaid by the financial institution
14upon which it is drawn shall pay to the Department, in addition
15to the amount already owed to the Department, a fine of $50.
16The fines imposed by this Section are in addition to any other
17discipline provided under this Act for unlicensed practice or
18practice on a nonrenewed license. The Department shall notify
19the person that payment of fees and fines shall be paid to the
20Department by certified check or money order within 30
21calendar days of the notification. If, after the expiration of
2230 days from the date of the notification, the person has
23failed to submit the necessary remittance, the Department
24shall automatically terminate the license or certificate or

 

 

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1deny the application, without hearing. If, after termination
2or denial, the person seeks a license or certificate, he or she
3shall apply to the Department for restoration or issuance of
4the license or certificate and pay all fees and fines due to
5the Department. The Department may establish a fee for the
6processing of an application for restoration of a license or
7certificate to pay all expenses of processing this
8application. The Secretary may waive the fines due under this
9Section in individual cases where the Secretary finds that the
10fines would be unreasonable or unnecessarily burdensome.
 
11    Section 180. Confidentiality. All information collected by
12the Department in the course of an examination or
13investigation of a licensee or applicant, including, but not
14limited to, any complaint against a licensee filed with the
15Department and information collected to investigate any such
16complaint, shall be maintained for the confidential use of the
17Department and shall not be disclosed. The Department shall
18not disclose the information to anyone other than law
19enforcement officials, regulatory agencies that have an
20appropriate regulatory interest as determined by the
21Secretary, or a party presenting a lawful subpoena to the
22Department. Information and documents disclosed to a federal,
23State, county, or local law enforcement agency shall not be
24disclosed by the agency for any purpose to any other agency or
25person. A formal complaint filed against a licensee by the

 

 

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1Department or any order issued by the Department against a
2licensee or applicant shall be a public record, except as
3otherwise prohibited by law.
 
4    Section 185. The Regulatory Sunset Act is amended by
5changing Section 4.37 as follows:
 
6    (5 ILCS 80/4.37)
7    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8The following are repealed on January 1, 2027:
9    The Clinical Psychologist Licensing Act.
10    The Illinois Optometric Practice Act of 1987.
11    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13    The Boiler and Pressure Vessel Repairer Regulation Act.
14    The Marriage and Family Therapy Licensing Act.
15    The Licensed Certified Professional Midwife Practice Act.
16(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1799-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
188-18-17; 100-372, eff. 8-25-17.)
 
19    Section 999. Effective date. This Act takes effect on
20October 1, 2022.".