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

HB5012 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5012

 

Introduced 1/27/2022, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 170/5
210 ILCS 170/25
210 ILCS 170/60

    Amends the Birth Center Licensing Act. Replaces references to "certified nurse midwife" with "licensed midwife". Defines "licensed midwife" as either a certified nurse midwife who is an advanced practice registered nurse licensed in Illinois under the Nurse Practice Act with full practice authority or who is delegated such authority as part of a written collaborative agreement with a physician who is associated with the birthing center or who has privileges at a nearby birthing hospital; or a licensed certified professional midwife who has successfully met the requirements under the Licensed Certified Professional Midwife Practice Act.


LRB102 24883 CPF 34133 b

 

 

A BILL FOR

 

HB5012LRB102 24883 CPF 34133 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Birth Center Licensing Act is amended by
5changing Sections 5, 25, and 60 as follows:
 
6    (210 ILCS 170/5)
7    Sec. 5. Definitions. In this Act:
8    "Birth center" means a designated site, other than a
9hospital:
10        (1) in which births are planned to occur following a
11    normal, uncomplicated, and low-risk pregnancy;
12        (2) that is not the pregnant person's usual place of
13    residence;
14        (3) that is exclusively dedicated to serving the
15    childbirth-related needs of pregnant persons and their
16    newborns, and has no more than 10 beds;
17        (4) that offers prenatal care and community education
18    services and coordinates these services with other health
19    care services available in the community; and
20        (5) that does not provide general anesthesia or
21    surgery.
22    "Certified nurse midwife" means an advanced practice
23registered nurse licensed in Illinois under the Nurse Practice

 

 

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1Act with full practice authority or who is delegated such
2authority as part of a written collaborative agreement with a
3physician who is associated with the birthing center or who
4has privileges at a nearby birthing hospital.
5    "Department" means the Illinois Department of Public
6Health.
7    "Hospital" does not include places where pregnant females
8are received, cared for, or treated during delivery if it is in
9a licensed birth center, nor include any facility required to
10be licensed as a birth center.
11    "Licensed midwife" means either:
12        (1) a certified nurse midwife who is an advanced
13    practice registered nurse licensed in Illinois under the
14    Nurse Practice Act with full practice authority or who is
15    delegated such authority as part of a written
16    collaborative agreement with a physician who is associated
17    with the birthing center or who has privileges at a nearby
18    birthing hospital; or
19        (2) a licensed certified professional midwife who has
20    successfully met the requirements under Section 45 of the
21    Licensed Certified Professional Midwife Practice Act.
22    "Physician" means a physician licensed to practice
23medicine in all its branches in Illinois.
24(Source: P.A. 102-518, eff. 8-20-21.)
 
25    (210 ILCS 170/25)

 

 

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1    Sec. 25. Staffing.
2    (a) A birth center shall have a clinical director, who may
3be:
4        (1) a physician who is either certified or eligible
5    for certification by the American College of Obstetricians
6    and Gynecologists or the American Board of Osteopathic
7    Obstetricians and Gynecologists or has hospital
8    obstetrical privileges; or
9        (2) a licensed certified nurse midwife.
10    (b) The clinical director shall be responsible for:
11        (1) the development of policies and procedures for
12    services as provided by Department rules;
13        (2) coordinating the clinical staff and overall
14    provision of patient care;
15        (3) developing and approving policies defining the
16    criteria to determine which pregnancies are accepted as
17    normal, uncomplicated, and low-risk; and
18        (4) developing and approving policing regarding the
19    anesthesia services available at the center.
20    (c) An obstetrician, family practitioner, or licensed
21certified nurse midwife shall attend each person in labor from
22the time of admission through birth and throughout the
23immediate postpartum period. Attendance may be delegated only
24to another physician or a licensed certified nurse midwife.
25    (d) A second staff person shall be present at each birth
26who:

 

 

HB5012- 4 -LRB102 24883 CPF 34133 b

1        (1) is licensed or certified in Illinois in a
2    health-related field and under the supervision of a
3    physician or a licensed certified nurse midwife who is in
4    attendance;
5        (2) has specialized training in labor and delivery
6    techniques and care of newborns; and
7        (3) receives planned and ongoing training as needed to
8    perform assigned duties effectively.
9(Source: P.A. 102-518, eff. 8-20-21.)
 
10    (210 ILCS 170/60)
11    Sec. 60. Rules.
12    (a) The Department shall adopt rules for the
13administration and enforcement of this Act.
14    (b) Rules adopted by the Department under this Act shall
15stipulate:
16        (1) the eligibility criteria for birth center
17    admission that are consistent with accreditation standards
18    and the licensed certified nurse midwife's or physician's
19    scope of practice;
20        (2) the necessary equipment for emergency care
21    according to the Commission for Accreditation of Birth
22    Centers' standards;
23        (3) the minimum elements required in the transfer
24    agreement between a birth center and a receiving birth
25    hospital with at least a Level 1 perinatal designation,

 

 

HB5012- 5 -LRB102 24883 CPF 34133 b

1    including the amount of travel time between facilities in
2    rural and nonrural areas, the staff required to transfer
3    patients, and the mode of emergency transportation between
4    facilities; and
5        (4) the equipment used by the birth center to ensure
6    that it is compatible with the health and safety of the
7    patients.
8(Source: P.A. 102-518, eff. 8-20-21.)