Full Text of HB3401 102nd General Assembly
HB3401sam002 102ND GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 10/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3401
| 2 | | AMENDMENT NO. ______. Amend House Bill 3401, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Licensed Certified Professional Midwife Practice Act. | 7 | | Section 5. Purpose. The practice of midwifery in | 8 | | out-of-hospital settings is hereby declared to affect the | 9 | | public health, safety, and welfare and to be subject to | 10 | | regulation in the public interest. The purpose of the Act is to | 11 | | protect and benefit the public by setting standards for the | 12 | | qualifications, education, training, and experience of those | 13 | | who seek to obtain licensure as a licensed certified | 14 | | professional midwife, including requirements to work in | 15 | | consultation with hospital based and privileged health care | 16 | | professionals to promote high standards of professional |
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| 1 | | performance for those licensed to practice midwifery in | 2 | | out-of-hospital settings in this State, to promote a | 3 | | consultative and integrated maternity care delivery system in | 4 | | Illinois with agreed-upon consulting, transfer, and transport | 5 | | protocols in use by all health care professionals and licensed | 6 | | certified professional midwives across all health care | 7 | | settings to maximize client safety and positive outcomes, to | 8 | | support accredited education and training as a prerequisite to | 9 | | licensure, and to protect the public. | 10 | | Section 10. Definitions. As used in this Act: | 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's application file or the | 13 | | licensee'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 | 17 | | under the Nurse Practice Act as an advanced practice | 18 | | registered nurse and is certified as a nurse midwife. | 19 | | "Client" means a childbearing individual or newborn for | 20 | | whom a licensed certified professional midwife provides | 21 | | services. | 22 | | "Consultation" means the process by which a licensed | 23 | | certified professional midwife seeks the advice or opinion of | 24 | | another health care professional. | 25 | | "Department" means the Department of Financial and |
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| 1 | | Professional Regulation. | 2 | | "Email address of record" means the designated email | 3 | | address of record by the Department in the applicant's | 4 | | application file or the licensee's licensure file as | 5 | | maintained by the Department. | 6 | | "Health care professional" means an advanced practice | 7 | | registered nurse or a physician licensed to practice medicine | 8 | | in all of its branches. | 9 | | "Intrapartum" means during labor and delivery or | 10 | | childbirth. | 11 | | "Licensed certified professional midwife" means a person | 12 | | who has successfully met the requirements under Section 45 of | 13 | | this Act. | 14 | | "Low-risk" means a low-risk pregnancy where there is an | 15 | | absence of any preexisting maternal disease, significant | 16 | | disease arising from the pregnancy, or any condition likely to | 17 | | affect the pregnancy, including, but not limited to, those | 18 | | listed in Section 85. | 19 | | "Midwife assistant" means a person, at least 18 years of | 20 | | age, who performs basic administrative, clerical, and | 21 | | supportive services under the supervision of a certified | 22 | | professional midwife, is educated to provide both basic and | 23 | | emergency care to newborns and mothers during labor, delivery, | 24 | | and immediately postpartum, and who maintains Neonatal | 25 | | Resuscitation Program provider status and cardiopulmonary | 26 | | resuscitation certification. |
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| 1 | | "Midwifery bridge certificate" means a certificate issued | 2 | | by the North American Registry of midwives that documents | 3 | | completion of accredited continuing education for certified | 4 | | professional midwives based upon identified areas to address | 5 | | education in emergency skills and other competencies set by | 6 | | the international confederation of midwives. | 7 | | "Midwifery Education and Accreditation Council" or "MEAC" | 8 | | means the nationally recognized accrediting agency, or its | 9 | | successor, that establishes standards for the education of | 10 | | direct-entry midwives in the United States. | 11 | | "National Association of Certified Professional Midwives" | 12 | | or "NACPM" means the professional organization, or its | 13 | | successor, that promotes the growth and development of the | 14 | | profession of certified professional midwives. | 15 | | "North American Registry of Midwives" or "NARM" means the | 16 | | accredited international agency, or its successor | 17 | | organization, that has established and has continued to | 18 | | administer certification for the credentialing of certified | 19 | | professional midwives, including the administration of a | 20 | | national competency examination. | 21 | | "Onset of care" means the initial prenatal visit upon an | 22 | | agreement between a licensed certified professional midwife | 23 | | and client to establish a midwife-client relationship, during | 24 | | which the licensed certified professional midwife may take a | 25 | | client's medical history, complete an exam, establish a | 26 | | client's record, or perform other services related to |
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| 1 | | establishing care. "Onset of care" does not include an initial | 2 | | interview where information about the licensed certified | 3 | | professional midwife's practice is shared but no | 4 | | midwife-client relationship is established. | 5 | | "Pediatric health care professional" means a licensed | 6 | | physician specializing in the care of children, a family | 7 | | practice physician, or an advanced practice registered nurse | 8 | | licensed under the Nurse Practice Act and certified as a | 9 | | Pediatric Nurse Practitioner or Family Nurse Practitioner. | 10 | | "Physician" means a physician licensed under the Medical | 11 | | Practice Act of 1987 to practice medicine in all of its | 12 | | branches. | 13 | | "Postpartum period" means the first 6 weeks after | 14 | | delivery. | 15 | | "Practice of midwifery" means providing the necessary | 16 | | supervision, care, and advice to a client during a low-risk | 17 | | pregnancy, labor, and the postpartum period, including the | 18 | | intended low-risk delivery of a child, and providing normal | 19 | | newborn care. "Practice of midwifery" does not include the | 20 | | practice of medicine or nursing. | 21 | | "Qualified midwife preceptor" means a licensed and | 22 | | experienced midwife or other health professional licensed in | 23 | | the State who participated in the clinical education of | 24 | | individuals enrolled in a midwifery education institution, | 25 | | program, or pathway accredited by the midwifery education | 26 | | accreditation council who meet the criteria for midwife |
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| 1 | | preceptors by NARM or its successor organization. | 2 | | "Secretary" means the Secretary of Financial and | 3 | | Professional Regulation. | 4 | | "Supportive services" means simple routine medical tasks | 5 | | and procedures for which the midwife assistant or student | 6 | | midwife is appropriately trained. | 7 | | Section 15. Address of record; email address of record. | 8 | | All 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. | 18 | | In addition to any other information required to be contained | 19 | | in an application for licensure under this Act, every | 20 | | application for an original license under this Act shall | 21 | | include the applicant's social security number, which shall be | 22 | | retained in the agency's records pertaining to the license. | 23 | | For applicants without a social security number, an individual | 24 | | taxpayer identification number shall be provided instead of a |
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| 1 | | social security number. As soon as practical, the Department | 2 | | shall assign a customer's identification number to each | 3 | | applicant for a license. Every application for a renewal or | 4 | | restored license shall require the applicant's customer | 5 | | identification number. | 6 | | Section 25. Exemptions. | 7 | | (a) This Act does not prohibit a person licensed under any | 8 | | other Act in this State from engaging in the practice for which | 9 | | he or she is licensed or from delegating services as provided | 10 | | for under the Act. | 11 | | (b) Nothing in this Act shall be construed to prohibit or | 12 | | require 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 | 4 | | professional midwife from assisting a health care | 5 | | professional, practicing within his or her scope of practice | 6 | | while providing antepartum, intrapartum, or postpartum care. | 7 | | (d) Nothing in this Act abridges, limits, or changes in | 8 | | any way the rights of parents to deliver their baby where, | 9 | | when, how, and with whom they choose, regardless of licensure | 10 | | under this Act. | 11 | | Section 30. Illinois Midwifery Board. | 12 | | (a) There is created under the authority of the Department | 13 | | the Illinois Midwifery Board, which shall consist of 9 members | 14 | | appointed by the Secretary: 5 of whom shall be licensed | 15 | | certified professional midwives, with initial appointees | 16 | | having at least 3 years of experience in the practice of | 17 | | midwifery in an out-of-hospital setting, be certified by the | 18 | | North American Registry of Midwives, and meet the | 19 | | qualifications for licensure set forth in this Act; one of | 20 | | whom shall be an Illinois licensed physician who specializes | 21 | | in obstetrics; one of whom shall be a certified
nurse midwife | 22 | | who provides home birth services; one of whom shall be a | 23 | | pediatric health care professional; and one of whom shall be a | 24 | | public member. Board members shall serve 4-year terms, except | 25 | | that in the case of initial appointments, terms shall be |
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| 1 | | staggered as follows: 4 members shall serve for 4 years, 3 | 2 | | members shall serve for 3 years, and 2 members shall serve for | 3 | | 2 years. The Board shall annually elect a chairperson and vice | 4 | | chairperson. All board members must be residents of this | 5 | | State. All board members, except for the public member, must | 6 | | be licensed in good standing and, at the time of appointment, | 7 | | actively engaged in their respective professions. | 8 | | (b) Any appointment made to fill a vacancy shall be for the | 9 | | unexpired portion of the term. Appointments to fill vacancies | 10 | | shall be made in the same manner as original appointments. No | 11 | | Board member may be reappointed for a term that would cause his | 12 | | or her continuous service on the Board to exceed 10 years. | 13 | | (c) Board membership must have a reasonable representation | 14 | | from different geographic areas of this State, if possible. | 15 | | (d) The Secretary may solicit board recommendations from | 16 | | midwifery organizations. | 17 | | (e) The members of the Board may be reimbursed for all | 18 | | legitimate, necessary, and authorized expenses incurred in | 19 | | attending the meetings of the Board. | 20 | | (f) The Secretary may remove any member of the Board for | 21 | | misconduct, incapacity, or neglect of duty at any time prior | 22 | | to the expiration of his or her term. | 23 | | (g) Five Board members shall constitute a quorum. A | 24 | | vacancy in the membership of the Board shall not impair the | 25 | | right 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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| 1 | | recommendations concerning the administration of this Act and | 2 | | may 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 | 19 | | action based upon a disciplinary proceeding or other activity | 20 | | performed in good faith as a member of the Board, except for | 21 | | willful or wanton misconduct. | 22 | | Section 35. Powers and duties of the Department; rules. | 23 | | (a) The Department shall exercise the powers and duties | 24 | | prescribed by the Civil Administrative Code of Illinois for | 25 | | the administration of licensing Acts and shall exercise such |
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| 1 | | other powers and duties necessary for effectuating the | 2 | | purposes of this Act. | 3 | | (b) The Secretary shall adopt rules consistent with the | 4 | | provisions of this Act for the administration and enforcement | 5 | | of this Act and for the payment of fees connected to this Act | 6 | | and may prescribe forms that shall be issued in connection | 7 | | with 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 | 10 | | licensed midwife, or represent himself or herself as a | 11 | | licensed midwife unless the person is granted a license under | 12 | | this Act or is licensed as an advanced practice registered | 13 | | nurse with certification as a nurse midwife. | 14 | | Section 45. Licensure. | 15 | | (a) Each applicant who successfully meets the requirements | 16 | | of this Section is eligible for licensure as a certified | 17 | | professional 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 | 12 | | completed 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 | 22 | | to complete the application process. If the process has not | 23 | | been completed in 3 years, the application shall be denied, | 24 | | the fee shall be forfeited, and the applicant must reapply and | 25 | | meet the requirements in effect at the time of reapplication. |
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| 1 | | Section 50. Endorsement. Upon payment of the required | 2 | | nonrefundable fee and submission of required documentation, | 3 | | the Department may, in its discretion, license as a certified | 4 | | professional midwife, an applicant who is a certified | 5 | | professional midwife licensed in another jurisdiction, if the | 6 | | requirements for licensure in that jurisdiction were, at the | 7 | | time of licensure, substantially equivalent to the | 8 | | requirements in force in this State on that date or equivalent | 9 | | to the requirements of this Act. Applicants have 3 years from | 10 | | the date of application to complete the application process. | 11 | | If the process has not been completed in 3 years, the | 12 | | application shall be denied, the fee shall be forfeited, and | 13 | | the applicant must reapply and meet the requirements in effect | 14 | | at the time of reapplication. | 15 | | Section 55. Expiration; renewal of licensure. The | 16 | | expiration date and renewal period for each license issued | 17 | | under this Act shall be set by rule. The holder of a license | 18 | | may renew the license during the month preceding the | 19 | | expiration date of the license by paying the required fee. It | 20 | | is the responsibility of the licensee to notify the Department | 21 | | in writing of a change of address required for the renewal of a | 22 | | license under this Act. Applicants have 3 years from the date | 23 | | of application to complete the application process. If the | 24 | | process has not been completed in 3 years, the application | 25 | | shall be denied, the fee shall be forfeited, and the applicant |
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| 1 | | must reapply and meet the requirements in effect at the time of | 2 | | reapplication. | 3 | | The Department may adopt rules for continuing education | 4 | | for licensed certified professional midwives licensed under | 5 | | this Act that require 20 hours of continuing education per | 6 | | 2-year license renewal cycle. The rules shall address | 7 | | variances in part or in whole for good cause, including | 8 | | without limitation, illness or hardship. The rules must ensure | 9 | | that licensees are given the opportunity to participate in | 10 | | programs sponsored by or through their State or national | 11 | | professional associations, hospitals, or other providers of | 12 | | continuing education. Each licensee is responsible for | 13 | | maintaining records of completion of continuing education and | 14 | | shall be prepared to produce the records when requested by the | 15 | | Department. | 16 | | Any licensed certified professional midwife who has | 17 | | permitted his or her license to expire or who has had his or | 18 | | her license on inactive status may have the license restored | 19 | | by applying to the Department and filing proof acceptable to | 20 | | the Department of his or her fitness to have the license | 21 | | restored, and by paying the required fees. Proof of fitness | 22 | | may include sworn evidence certifying to active lawful | 23 | | practice in another jurisdiction. | 24 | | If the licensed certified professional midwife has not | 25 | | maintained an active practice in another jurisdiction | 26 | | satisfactory to the Department, the Department shall |
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| 1 | | determine, by an evaluation program established by rule, his | 2 | | or her fitness for restoration of the license and shall | 3 | | establish procedures and requirements for such restoration. | 4 | | However, any licensed certified professional midwife whose | 5 | | license expired while he or she was (1) in federal or State | 6 | | service on active duty, or (2) in training or education under | 7 | | the supervision of the United States preliminary to induction | 8 | | into the military service, may have the license restored | 9 | | without paying any lapsed renewal fees if, within 2 years | 10 | | after termination of such service, training, or education, he | 11 | | or she furnishes the Department with satisfactory evidence to | 12 | | the effect that he or she has been so engaged and that his or | 13 | | her service, training, or education has been terminated. | 14 | | Section 60. Inactive status. Any licensed certified | 15 | | professional midwife who notified the Department in writing on | 16 | | forms prescribed by the Department, may elect to place his or | 17 | | her license on an inactive status and shall, subject to rules | 18 | | of the Department, be excused from payment of renewal fees | 19 | | until he or she notifies the Department in writing of his or | 20 | | her intention to restore the license. | 21 | | Any licensed certified professional midwife requesting | 22 | | restoration from inactive status shall be required to pay the | 23 | | current renewal fee and shall be required to restore his or her | 24 | | license, as provided in Section 55. | 25 | | Any licensed certified professional midwife whose license |
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| 1 | | is in an inactive status shall not practice in the State. | 2 | | Any licensee who engages in practice while his or her | 3 | | license is lapsed or on inactive status shall be considered to | 4 | | be practicing without a license, which shall be grounds for | 5 | | discipline under Section 140. | 6 | | Section 65. Informed consent. | 7 | | (a) A licensed certified professional midwife shall, at an | 8 | | initial prenatal visit with a client, provide and disclose to | 9 | | the client orally and in writing all of the following | 10 | | information: | 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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| 1 | | initial prenatal visit with a client, provide a copy of the | 2 | | written disclosures required under this Section to the client | 3 | | and obtain the client's signature and date of signature | 4 | | acknowledging that the client has been informed, orally and in | 5 | | writing, 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 | 11 | | and 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, | 12 | | agents, or procedures based upon updated evidence-based | 13 | | obstetrical guidelines or based upon limited availability of | 14 | | standard medications or agents. | 15 | | (c) A licensed certified professional midwife shall plan | 16 | | for at least 2 licensed certified professional midwives or a | 17 | | licensed certified professional midwife and a midwife | 18 | | assistant or student midwife to be present at all | 19 | | out-of-hospital births.
| 20 | | Section 75. Consultation and referral. | 21 | | (a) A licensed certified professional midwife shall | 22 | | consult with a licensed physician or a certified nurse midwife | 23 | | providing obstetrical care whenever there are significant | 24 | | deviations, including abnormal laboratory results, relative to | 25 | | a client's pregnancy or to a neonate. If a referral to a |
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| 1 | | physician or certified nurse midwife is needed, the licensed | 2 | | certified professional midwife shall refer the client to a | 3 | | physician or certified nurse midwife and, if possible, remain | 4 | | in consultation with the physician until resolution of the | 5 | | concern. Consultation does not preclude the possibility of an | 6 | | out-of-hospital birth. It is appropriate for the licensed | 7 | | certified professional midwife to maintain care of the client | 8 | | to the greatest degree possible, in accordance with the | 9 | | client's wishes, during the pregnancy and, if possible, during | 10 | | labor, birth, and the postpartum period. | 11 | | (b) A licensed certified professional midwife shall | 12 | | consult with a licensed physician or a certified nurse midwife | 13 | | with regard to any childbearing individual who presents with | 14 | | or develops the following risk factors or presents with or | 15 | | develops other risk factors that, in the judgment of the | 16 | | licensed 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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| 1 | | consult with a licensed physician or certified nurse midwife | 2 | | with regard to any neonate who is born with or develops the | 3 | | following 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 | 11 | | establish a formal relationship
with the client. Consultation | 12 | | does not establish a formal
relationship between a licensed | 13 | | certified professional midwife and another health care | 14 | | professional. | 15 | | Section 80. Transfer. | 16 | | (a) Transport via private vehicle is an acceptable method | 17 | | of transport if it is the most expedient and safest method for | 18 | | accessing medical services. The licensed certified | 19 | | professional midwife shall initiate immediate transport | 20 | | according to the licensed certified professional midwife's | 21 | | emergency plan, provide emergency stabilization until | 22 | | emergency medical services arrive or transfer is completed, | 23 | | accompany the client or follow the client to a hospital in a | 24 | | timely fashion, and provide pertinent information to the | 25 | | receiving facility and complete an emergency transport record. |
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| 1 | | (b) A licensed certified professional midwife must | 2 | | establish a written protocol for the handling of both the | 3 | | patient's and newborn's medical emergencies, including | 4 | | transportation to a hospital, particular to each client, with | 5 | | identification of the appropriate hospital. A verbal report of | 6 | | the care provided must be provided to emergency services | 7 | | providers and a copy of the client records shall be sent with | 8 | | the client at the time of any transfer to a hospital, including | 9 | | obtaining a signed authorization to release the client's | 10 | | medical records to a health care professional or hospital in | 11 | | the event of such emergency. | 12 | | Section 85. Prohibited practices. | 13 | | (a) A licensed certified professional midwife may not do | 14 | | any 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 | 25 | | administer Schedule II through IV controlled substances. | 26 | | Subject to a prescription by a health care professional, |
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| 1 | | Schedule V controlled substances may be administered by | 2 | | licensed certified professional midwives. | 3 | | Section 90. Annual Reports. | 4 | | (a) A licensed certified professional midwife shall | 5 | | annually report to the Department of Public Health, by no | 6 | | later than March 31 of each year, in a manner specified by the | 7 | | Department of Public Health, the following information | 8 | | regarding cases in which the licensed certified professional | 9 | | midwife assisted during the previous calendar year when the | 10 | | intended place of birth at the onset of care was an | 11 | | out-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 | 15 | | report under subsection (d). | 16 | | (c) Notwithstanding any other provision of law, a licensed | 17 | | certified professional midwife shall be subject to the same | 18 | | reporting requirements as other health care professionals who | 19 | | provide care to individuals. | 20 | | (d) Reports are confidential under Section 180 of this | 21 | | Act. | 22 | | Section 95. Vicarious liability. | 23 | | (a) Consultation with a physician or advanced practice | 24 | | registered nurse does not alone create a physician-patient or | 25 | | advanced practice registered nurse-patient relationship or any |
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| 1 | | other relationship with the physician or advanced practice | 2 | | registered nurse. The informed consent shall specifically | 3 | | state that the licensed certified professional midwife and any | 4 | | consulting physician or advanced practice registered nurse are | 5 | | not employees, partners, associates, agents, or principals of | 6 | | one another. The licensed certified professional midwife shall | 7 | | inform the patient that he or she is independently licensed | 8 | | and practicing midwifery and in that regard is solely | 9 | | responsible for the services he or she provides. | 10 | | (b) Nothing in this Act is intended to expand or limit the | 11 | | malpractice liability of physicians, advanced practice | 12 | | registered nurses, licensed certified professional midwives, | 13 | | or other health care professionals, hospitals, or other health | 14 | | care institutions beyond the limits existing in current | 15 | | Illinois statutory and common law; however, no physician, | 16 | | nurse, emergency medical personnel, hospital, or other health | 17 | | care institution shall be liable for any act or omission | 18 | | resulting from the provision of services by any licensed | 19 | | certified professional midwife solely on the basis that the | 20 | | physician, nurse, emergency medical personnel, hospital, or | 21 | | other health care institution has consulted with or accepted a | 22 | | referral from the licensed certified professional midwife. The | 23 | | physician, nurse, licensed certified professional midwife, | 24 | | emergency medical personnel, hospital, or other health care | 25 | | institution providing care are responsible for their own acts | 26 | | and 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 | 3 | | revoke, suspend, place on probation, reprimand, or take other | 4 | | disciplinary or non-disciplinary action with regard to any | 5 | | license issued under this Act as the Department may deem | 6 | | proper, including the issuance of fines not to exceed $10,000 | 7 | | for each violation, for any one or combination of the | 8 | | following 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. |
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| 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 | 4 | | or renew or may suspend the license of any person who fails to | 5 | | file a return, or to pay the tax, penalty, or interest shown in | 6 | | a filed return, or to pay any final assessment of the tax, | 7 | | penalty, or interest as required by any tax Act administered | 8 | | by the Department of Revenue, until the requirements of any | 9 | | such tax Act are satisfied. | 10 | | (c) The determination by a circuit court that a licensee | 11 | | is subject to involuntary admission or judicial admission as | 12 | | provided in the Mental Health and Developmental Disabilities | 13 | | Code operates as an automatic suspension. The suspension will | 14 | | end only upon a finding by a court that the patient is no | 15 | | longer subject to involuntary admission or judicial admission | 16 | | and issues an order so finding and discharging the patient, | 17 | | and upon the recommendation of the Board to the Secretary that | 18 | | the licensee be allowed to resume his or her practice. | 19 | | (d) In enforcing this Section, the Department, upon a | 20 | | showing of a possible violation, may compel an individual | 21 | | licensed to practice under this Act, or who has applied for | 22 | | licensure under this Act, to submit to a mental or physical | 23 | | examination, or both, including a substance abuse or sexual | 24 | | offender evaluation, as required by and at the expense of the | 25 | | Department. | 26 | | The Department shall specifically designate the examining |
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| 1 | | physician licensed to practice medicine in all of its branches | 2 | | or, if applicable, the multidisciplinary team involved in | 3 | | providing the mental or physical examination or both. The | 4 | | multidisciplinary team shall be led by a physician licensed to | 5 | | practice medicine in all of its branches and may consist of one | 6 | | or more or a combination of physicians licensed to practice | 7 | | medicine in all of its branches, licensed clinical | 8 | | psychologists, licensed clinical social workers, licensed | 9 | | clinical professional counselors, and other professional and | 10 | | administrative staff. Any examining physician or member of the | 11 | | multidisciplinary team may require any person ordered to | 12 | | submit to an examination pursuant to this Section to submit to | 13 | | any additional supplemental testing deemed necessary to | 14 | | complete any examination or evaluation process, including, but | 15 | | not limited to, blood testing, urinalysis, psychological | 16 | | testing, or neuropsychological testing. | 17 | | The Department may order the examining physician or any | 18 | | member of the multidisciplinary team to provide to the | 19 | | Department any and all records, including business records, | 20 | | that relate to the examination and evaluation, including any | 21 | | supplemental testing performed. | 22 | | The Department may order the examining physician or any | 23 | | member of the multidisciplinary team to present testimony | 24 | | concerning the mental or physical examination of the licensee | 25 | | or applicant. No information, report, record, or other | 26 | | documents in any way related to the examination shall be |
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| 1 | | excluded by reason of any common law or statutory privilege | 2 | | relating to communications between the licensee or applicant | 3 | | and the examining physician or any member of the | 4 | | multidisciplinary team. No authorization is necessary from the | 5 | | licensee or applicant ordered to undergo an examination for | 6 | | the examining physician or any member of the multidisciplinary | 7 | | team to provide information, reports, records, or other | 8 | | documents or to provide any testimony regarding the | 9 | | examination and evaluation. | 10 | | The individual to be examined may have, at his or her own | 11 | | expense, another physician of his or her choice present during | 12 | | all aspects of this examination. However, that physician shall | 13 | | be present only to observe and may not interfere in any way | 14 | | with the examination. | 15 | | Failure of an individual to submit to a mental or physical | 16 | | examination, when ordered, shall result in an automatic | 17 | | suspension of his or her license until the individual submits | 18 | | to the examination. | 19 | | If the Department finds an individual unable to practice | 20 | | because of the reasons set forth in this Section, the | 21 | | Department may require that individual to submit to care, | 22 | | counseling, or treatment by physicians approved or designated | 23 | | by the Department, as a condition, term, or restriction for | 24 | | continued, reinstated, or renewed licensure to practice; or, | 25 | | in lieu of care, counseling, or treatment, the Department may | 26 | | file a complaint to immediately suspend, revoke, or otherwise |
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| 1 | | discipline the license of the individual. An individual whose | 2 | | license was granted, continued, reinstated, renewed, | 3 | | disciplined, or supervised subject to such terms, conditions, | 4 | | or restrictions, and who fails to comply with such terms, | 5 | | conditions, or restrictions, shall be referred to the | 6 | | Secretary for a determination as to whether the individual | 7 | | shall have his or her license suspended immediately, pending a | 8 | | hearing by the Department. | 9 | | In instances in which the Secretary immediately suspends a | 10 | | person's license under this Section, a hearing on that | 11 | | person's license must be convened by the Department within 30 | 12 | | days after the suspension and completed without appreciable | 13 | | delay. The Department shall have the authority to review the | 14 | | subject individual's record of treatment and counseling | 15 | | regarding the impairment to the extent permitted by applicable | 16 | | federal statutes and regulations safeguarding the | 17 | | confidentiality of medical records. | 18 | | An individual licensed under this Act and affected under | 19 | | this Section shall be afforded an opportunity to demonstrate | 20 | | to the Department that he or she can resume practice in | 21 | | compliance with acceptable and prevailing standards under the | 22 | | provisions of his or her license. | 23 | | Section 105. Suspension of license for failure to pay | 24 | | restitution. The Department, without further process or | 25 | | hearing, shall suspend the license or other authorization to |
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| 1 | | practice of any person issued under this Act who has been | 2 | | certified by court order as not having paid restitution to a | 3 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 4 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012. A person whose license or other | 6 | | authorization to practice is suspended under this Section is | 7 | | prohibited from practicing until the restitution is made in | 8 | | full. | 9 | | Section 110. Restoration of license. At any time after the | 10 | | successful completion of a term of probation, suspension, or | 11 | | revocation of any license, the Department may restore it to | 12 | | the licensee, unless after an investigation and a hearing, the | 13 | | Department determines that restoration is not in the public | 14 | | interest. Where circumstances of suspension or revocation so | 15 | | indicate, the Department may require an examination of the | 16 | | licensee prior to restoring his or her license. No person | 17 | | whose license has been revoked as authorized in this Act may | 18 | | apply for restoration of that license until provided for in | 19 | | the Civil Administrative Code of Illinois. | 20 | | A license that has been suspended or revoked shall be | 21 | | considered nonrenewed for purposes of restoration and a person | 22 | | restoring his or her license from suspension or revocation | 23 | | must comply with the requirements for restoration of a | 24 | | nonrenewed license as set forth in Section 20 and any related | 25 | | rules adopted. |
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| 1 | | Section 115. Surrender of license. Upon the revocation or | 2 | | suspension of any license, the licensee shall immediately | 3 | | surrender the license to the Department. If the licensee fails | 4 | | to do so, the Department shall have the right to seize the | 5 | | license. | 6 | | Section 120. Temporary suspension of license. The | 7 | | Secretary may temporarily suspend the license of a certified | 8 | | professional midwife without a hearing, simultaneously with | 9 | | the institution of proceedings for a hearing provided for in | 10 | | Section 125, if the Secretary finds that evidence in his or her | 11 | | possession indicates that continuation in practice would | 12 | | constitute an imminent danger to the public. If the Secretary | 13 | | suspends, temporarily, the license without a hearing, a | 14 | | hearing by the Department must be held within 30 days after | 15 | | such suspension has occurred, and concluded without | 16 | | appreciable delay. | 17 | | Section 125. Rehearing. If the Secretary is satisfied that | 18 | | substantial justice has not been done in the revocation, | 19 | | suspension, or refusal to issue or renew a license, the | 20 | | Secretary may order a rehearing by the same or another hearing | 21 | | officer or Board. | 22 | | Section 130. Administrative review; certification of |
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| 1 | | record. | 2 | | (a) All final administrative decisions of the Department | 3 | | are subject to judicial review pursuant to the provisions of | 4 | | the Administrative Review Law, and all rules adopted pursuant | 5 | | thereto. "Administrative decision" has the same meaning as | 6 | | used in Section 3-101 of the Code of Civil Procedure. | 7 | | (b) Proceedings for judicial review shall be commenced in | 8 | | the circuit court of the county in which the party applying for | 9 | | review resides, but if the party is not a resident of this | 10 | | State, venue shall be in Sangamon County. | 11 | | (c) The Department shall not be required to certify any | 12 | | record to the court, to file an answer in court, or to | 13 | | otherwise appear in any court in a judicial review proceeding | 14 | | unless and until the Department has received from the | 15 | | plaintiff payment of the costs of furnishing and certifying | 16 | | the record, which costs shall be determined by the Department. | 17 | | Exhibits shall be certified without cost. Failure on the part | 18 | | of the plaintiff to file a receipt in court is grounds for | 19 | | dismissal of the action. During the pendency and hearing of | 20 | | any and all judicial proceedings incident to the disciplinary | 21 | | action, the sanctions imposed upon the accused by the | 22 | | Department because of acts or omissions related to the | 23 | | delivery of direct patient care as specified in the | 24 | | Department's final administrative decision, shall, as a matter | 25 | | of public policy, remain in full force and effect in order to | 26 | | protect the public pending final resolution of any of the |
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| 1 | | proceedings. | 2 | | Section 135. Injunction. | 3 | | (a) If any person violates any provision of this Act, the | 4 | | Secretary may, in the name of the People of the State of | 5 | | Illinois, through the Attorney General, or the State's | 6 | | Attorney of any county in which the action is brought, | 7 | | petition for an order enjoining the violation or for an order | 8 | | enforcing compliance with this Act. Upon the filing of a | 9 | | verified petition in court, the court may issue a temporary | 10 | | restraining order, without notice or bond, and may | 11 | | preliminarily and permanently enjoin such violation, and if it | 12 | | is established that such person has violated or is violating | 13 | | the injunction, the Court may punish the offender for contempt | 14 | | of court. Proceedings under this Section shall be in addition | 15 | | to, and not in lieu of, all other remedies and penalties | 16 | | provided by this Act. | 17 | | (b) If any person shall practice as a certified | 18 | | professional midwife or hold himself or herself out as a | 19 | | licensed certified professional midwife without being licensed | 20 | | under the provisions of this Act, then any licensed certified | 21 | | professional midwife, any interested party, or any person | 22 | | injured thereby may, in addition to the Secretary, petition | 23 | | for relief as provided in subsection (a). | 24 | | (c) If, in the opinion of the Department, any person | 25 | | violates any provision of this Act, the Department may issue a |
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| 1 | | rule to show cause why an order to cease and desist should not | 2 | | be entered against him or her. The rule shall clearly set forth | 3 | | the grounds relied upon by the Department and shall provide a | 4 | | period of 7 days from the date of the rule to file an answer to | 5 | | the satisfaction of the Department. Failure to answer to the | 6 | | satisfaction of the Department shall cause an order to cease | 7 | | and desist to be issued forthwith. | 8 | | Section 140. Investigation; notice; hearing. The | 9 | | Department may investigate the actions of any applicant or of | 10 | | any person or persons holding or claiming to hold a license | 11 | | under this Act. The Department shall, before suspending, | 12 | | revoking, placing on probationary status, or taking any other | 13 | | disciplinary action as the Department may deem proper with | 14 | | regard to any license, at least 30 days prior to the date set | 15 | | for the hearing, notify the applicant or licensee in writing | 16 | | of any charges made and the time and place for a hearing of the | 17 | | charges, direct him or her to file his or her written answer | 18 | | under oath within 20 days after the service and inform the | 19 | | applicant or licensee that failure to answer will result in a | 20 | | default being entered against the applicant or licensee. As a | 21 | | result of the default, such may be suspended, revoked, placed | 22 | | on probationary status, or have other disciplinary action, | 23 | | including limiting the scope, nature or extent of his or her | 24 | | practice, as the Department may deem proper taken with regard | 25 | | thereto. Written or electronic notice may be served by |
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| 1 | | personal delivery, email, or mail to the applicant or licensee | 2 | | at his or her address of record or email address of record. At | 3 | | the time and place fixed in the notice, the Department shall | 4 | | proceed to hear the charges and the parties or their counsel | 5 | | shall be accorded ample opportunity to present such | 6 | | statements, testimony, evidence, and argument as may be | 7 | | pertinent to the charges or to the defense thereto. The | 8 | | Department may continue such hearing from time to time. In | 9 | | case the applicant or licensee, after receiving notice, fails | 10 | | to file an answer, his or her license may in the discretion of | 11 | | the Secretary, having received first the recommendation of the | 12 | | Board, be suspended, revoked, placed on probationary status, | 13 | | or the Secretary may take whatever disciplinary action as he | 14 | | or she may deem proper, including limiting the scope, nature, | 15 | | or extent of such person's practice, without a hearing, if the | 16 | | act or acts charged constitute sufficient grounds for such | 17 | | action under this Act. | 18 | | Section 145. Hearing report. At the conclusion of the | 19 | | hearing, the Board shall present to the Secretary a written | 20 | | report of its findings of fact, conclusions of law, and | 21 | | recommendations. The report shall contain a finding of whether | 22 | | the accused person violated this Act or failed to comply with | 23 | | the conditions required in this Act. The Board shall specify | 24 | | the nature of the violation or failure to comply, and shall | 25 | | make its recommendations to the Secretary. |
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| 1 | | The report of findings of fact, conclusions of law, and | 2 | | recommendation of the Board shall be the basis for the | 3 | | Department's order or refusal or for the granting of a license | 4 | | or permit. The finding is not admissible in evidence against | 5 | | the person in a criminal prosecution brought for the violation | 6 | | of this Act, but the hearing and finding are not a bar to a | 7 | | criminal prosecution brought for the violation of this Act. | 8 | | Section 150. Hearing officer. Notwithstanding the | 9 | | provisions of Section 140, the Secretary shall have the | 10 | | authority to appoint any attorney duly licensed to practice | 11 | | law in this State to serve as the hearing officer in any action | 12 | | for refusal to issue or renew, or for discipline of, a license. | 13 | | The hearing officer shall have full authority to conduct the | 14 | | hearing. The hearing officer shall report his or her findings | 15 | | of fact, conclusions of law, and recommendations to the Board | 16 | | and the Secretary. The Board shall have 60 days after receipt | 17 | | of the report to review the report of the hearing officer and | 18 | | present their findings of fact, conclusions of law, and | 19 | | recommendations to the Secretary. If the Secretary disagrees | 20 | | in any regard with the report of the Board or hearing officer, | 21 | | he or she may issue an order in contravention thereof. | 22 | | Section 155. Motion for rehearing. In any case | 23 | | involving the refusal to issue, renew, or discipline of a | 24 | | license, a copy of the Board's report shall be served upon the |
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| 1 | | respondent by the Department, either personally or as provided | 2 | | in this Act for the service of the notice of hearing. Within 20 | 3 | | days after such service, the respondent may present to the | 4 | | Department a motion in writing for a rehearing, which motion | 5 | | shall specify the particular grounds therefor. If no motion | 6 | | for rehearing is filed, then upon the expiration of the time | 7 | | specified for filing such a motion, or if a motion for | 8 | | rehearing is denied, then upon such denial the Secretary may | 9 | | enter an order in accordance with recommendations of the Board | 10 | | except as provided in Section 145 or 150. If the respondent | 11 | | shall order from the reporting service, and pay for a | 12 | | transcript of the record within the time for filing a motion | 13 | | for rehearing, the 20-day period within which such a motion | 14 | | may be filed shall commence upon the delivery of the | 15 | | transcript to the respondent. | 16 | | Section 160. Certification of records by Department. The | 17 | | Department shall not be required to certify any record to the | 18 | | court or file any answer in court or otherwise appear in any | 19 | | court in a judicial review proceeding, unless there is filed | 20 | | in the court, with the complaint, a receipt from the | 21 | | Department acknowledging payment of the costs of furnishing | 22 | | and certifying the record. Failure on the part of the | 23 | | plaintiff to file a receipt in court shall be grounds for | 24 | | dismissal of the action. |
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| 1 | | Section 165. Violation. Any person who is found to have | 2 | | knowingly violated any provision of this Act is guilty of a | 3 | | Class A misdemeanor. On conviction of a second or subsequent | 4 | | offense the violator shall be guilty of a Class 4 felony. | 5 | | Section 170. Fees. | 6 | | (a) Fees collected for the administration of this Act | 7 | | shall be set by the Department by rule. All fees are | 8 | | nonrefundable. | 9 | | (b) All moneys collected under this Act by the Department | 10 | | shall be deposited in the General Professions Dedicated Fund. | 11 | | Section 175. Returned checks; fines. Any person who | 12 | | delivers a check or other payment to the Department that is | 13 | | returned to the Department unpaid by the financial institution | 14 | | upon which it is drawn shall pay to the Department, in addition | 15 | | to the amount already owed to the Department, a fine of $50. | 16 | | The fines imposed by this Section are in addition to any other | 17 | | discipline provided under this Act for unlicensed practice or | 18 | | practice on a nonrenewed license. The Department shall notify | 19 | | the person that payment of fees and fines shall be paid to the | 20 | | Department by certified check or money order within 30 | 21 | | calendar days of the notification. If, after the expiration of | 22 | | 30 days from the date of the notification, the person has | 23 | | failed to submit the necessary remittance, the Department | 24 | | shall automatically terminate the license or certificate or |
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| 1 | | deny the application, without hearing. If, after termination | 2 | | or denial, the person seeks a license or certificate, he or she | 3 | | shall apply to the Department for restoration or issuance of | 4 | | the license or certificate and pay all fees and fines due to | 5 | | the Department. The Department may establish a fee for the | 6 | | processing of an application for restoration of a license or | 7 | | certificate to pay all expenses of processing this | 8 | | application. The Secretary may waive the fines due under this | 9 | | Section in individual cases where the Secretary finds that the | 10 | | fines would be unreasonable or unnecessarily burdensome. | 11 | | Section 180. Confidentiality. All information collected by | 12 | | the Department in the course of an examination or | 13 | | investigation of a licensee or applicant, including, but not | 14 | | limited to, any complaint against a licensee filed with the | 15 | | Department and information collected to investigate any such | 16 | | complaint, shall be maintained for the confidential use of the | 17 | | Department and shall not be disclosed. The Department shall | 18 | | not disclose the information to anyone other than law | 19 | | enforcement officials, regulatory agencies that have an | 20 | | appropriate regulatory interest as determined by the | 21 | | Secretary, or a party presenting a lawful subpoena to the | 22 | | Department. Information and documents disclosed to a federal, | 23 | | State, county, or local law enforcement agency shall not be | 24 | | disclosed by the agency for any purpose to any other agency or | 25 | | person. A formal complaint filed against a licensee by the |
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| 1 | | Department or any order issued by the Department against a | 2 | | licensee or applicant shall be a public record, except as | 3 | | otherwise prohibited by law. | 4 | | Section 185. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.37 as follows: | 6 | | (5 ILCS 80/4.37) | 7 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | 8 | | The 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,
| 12 | | XXXI 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; | 17 | | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | 18 | | 8-18-17; 100-372, eff. 8-25-17.)
| 19 | | Section 999. Effective date. This Act takes effect on | 20 | | October 1, 2022.".
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