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

HB5012sam002 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 4/6/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5012

2    AMENDMENT NO. ______. Amend House Bill 5012 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Licensed Certified Professional Midwife
5Practice Act is amended by changing Sections 10, 30, 40, 55,
690, 125, 130, and 150 as follows:
 
7    (225 ILCS 64/10)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 10. Definitions. As used in this Act:
12    "Address of record" means the designated address recorded
13by the Department in the applicant's application file or the
14licensee's licensure file as maintained by the Department.
15    "Antepartum" means before labor or childbirth.
16    "Board" means the Illinois Midwifery Board.

 

 

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1    "Certified nurse midwife" means an individual licensed
2under the Nurse Practice Act as an advanced practice
3registered nurse and is certified as a nurse midwife.
4    "Client" means a childbearing individual or newborn for
5whom a licensed certified professional midwife provides
6services.
7    "Consultation" means the process by which a licensed
8certified professional midwife seeks the advice or opinion of
9another health care professional.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Email address of record" means the designated email
13address of record by the Department in the applicant's
14application file or the licensee's licensure file as
15maintained by the Department.
16    "Health care professional" means an advanced practice
17registered nurse or a physician licensed to practice medicine
18in all of its branches.
19    "Intrapartum" means during labor and delivery or
20childbirth.
21    "Licensed certified professional midwife" means a person
22who has successfully met the requirements under Section 45 of
23this Act and has been licensed by the Department.
24    "Low-risk" means a low-risk pregnancy where there is an
25absence of any preexisting maternal disease, significant
26disease arising from the pregnancy, or any condition likely to

 

 

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1affect the pregnancy, including, but not limited to, those
2listed in Section 85.
3    "Midwife assistant" means a person, at least 18 years of
4age, who performs basic administrative, clerical, and
5supportive services under the supervision of a certified
6professional midwife, is educated to provide both basic and
7emergency care to newborns and mothers during labor, delivery,
8and immediately postpartum, and who maintains Neonatal
9Resuscitation Program provider status and cardiopulmonary
10resuscitation certification.
11    "Midwifery bridge certificate" means a certificate issued
12by the North American Registry of Midwives that documents
13completion of accredited continuing education for certified
14professional midwives based upon identified areas to address
15education in emergency skills and other competencies set by
16the international confederation of midwives.
17    "Midwifery Education and Accreditation Council" or "MEAC"
18means the nationally recognized accrediting agency, or its
19successor, that establishes standards for the education of
20direct-entry midwives in the United States.
21    "National Association of Certified Professional Midwives"
22or "NACPM" means the professional organization, or its
23successor, that promotes the growth and development of the
24profession of certified professional midwives.
25    "North American Registry of Midwives" or "NARM" means the
26accredited international agency, or its successor

 

 

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1organization, that has established and has continued to
2administer certification for the credentialing of certified
3professional midwives, including the administration of a
4national competency examination.
5    "Onset of care" means the initial prenatal visit upon an
6agreement between a licensed certified professional midwife
7and client to establish a midwife-client relationship, during
8which the licensed certified professional midwife may take a
9client's medical history, complete an exam, establish a
10client's record, or perform other services related to
11establishing care. "Onset of care" does not include an initial
12interview where information about the licensed certified
13professional midwife's practice is shared but no
14midwife-client relationship is established.
15    "Pediatric health care professional" means a licensed
16physician specializing in the care of children, a family
17practice physician, or an advanced practice registered nurse
18licensed under the Nurse Practice Act and certified as a
19Pediatric Nurse Practitioner or Family Nurse Practitioner.
20    "Physician" means a physician licensed under the Medical
21Practice Act of 1987 to practice medicine in all of its
22branches.
23    "Postpartum period" means the first 6 weeks after
24delivery.
25    "Practice of midwifery" means providing the necessary
26supervision, care, and advice to a client during a low-risk

 

 

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1pregnancy, labor, and the postpartum period, including the
2intended low-risk delivery of a child, and providing normal
3newborn care. "Practice of midwifery" does not include the
4practice of medicine or nursing.
5    "Qualified midwife preceptor" means a licensed and
6experienced midwife or other health professional licensed in
7the State who participated in the clinical education of
8individuals enrolled in a midwifery education institution,
9program, or pathway accredited by the midwifery education
10accreditation council who meet the criteria for midwife
11preceptors by NARM or its successor organization.
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    "Supportive services" means simple routine medical tasks
15and procedures for which the midwife assistant or student
16midwife is appropriately trained.
17(Source: P.A. 102-683, eff. 10-1-22.)
 
18    (225 ILCS 64/30)
19    (This Section may contain text from a Public Act with a
20delayed effective date)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 30. Illinois Midwifery Board.
23    (a) There is created under the authority of the Department
24the Illinois Midwifery Board, which shall consist of 9 members
25appointed by the Secretary: 5 of whom shall be licensed

 

 

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1certified professional midwives, with initial appointees
2having at least 3 years of experience in the practice of
3midwifery in an out-of-hospital setting, be certified by the
4North American Registry of Midwives, and meet the
5qualifications for licensure set forth in this Act; one of
6whom shall be an Illinois licensed physician who specializes
7in obstetrics; one of whom shall be an Illinois licensed
8advanced practice registered nurse who is a certified nurse
9midwife who provides home birth services; one of whom shall be
10a pediatric health care professional; and one of whom shall be
11a public member. Board members shall serve 4-year terms,
12except that in the case of initial appointments, terms shall
13be staggered as follows: 4 members shall serve for 4 years, 3
14members shall serve for 3 years, and 2 members shall serve for
152 years. The Board shall annually elect a chairperson and vice
16chairperson. All board members must be residents of this
17State. All board members, except for the public member, must
18be licensed in good standing and, at the time of appointment,
19actively engaged in their respective professions.
20    (b) Any appointment made to fill a vacancy shall be for the
21unexpired portion of the term. Appointments to fill vacancies
22shall be made in the same manner as original appointments. No
23Board member may be reappointed for a term that would cause his
24or her continuous service on the Board to exceed 10 years.
25    (c) Board membership must have a reasonable representation
26from different geographic areas of this State, if possible.

 

 

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1    (d) The Secretary may solicit board recommendations from
2midwifery organizations.
3    (e) The members of the Board may be reimbursed for all
4legitimate, necessary, and authorized expenses incurred in
5attending the meetings of the Board.
6    (f) The Secretary may remove any member of the Board for
7misconduct, incapacity, or neglect of duty at any time prior
8to the expiration of his or her term.
9    (g) Five Board members shall constitute a quorum. A
10vacancy in the membership of the Board shall not impair the
11right of a quorum to perform all of the duties of the Board.
12    (h) The Board may provide the Department with
13recommendations concerning the administration of this Act and
14may perform each of the following duties:
15        (1) Recommend to the Department the prescription and,
16    from time to time, the revision of any rules that may be
17    necessary to carry out the provisions of this Act,
18    including those that are designed to protect the health,
19    safety, and welfare of the public.
20        (2) Recommend changes to the medication formulary list
21    as standards and drug availability change.
22        (3) Participate in disciplinary conferences and
23    hearings.
24        (4) Make recommendations to the Department regarding
25    disciplinary action taken against a licensee as provided
26    under this Act.

 

 

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1        (5) Recommend the approval, denial of approval, and
2    withdrawal of approval of required education and
3    continuing educational programs.
4    (i) Members of the Board shall be immune from suit in an
5action based upon a disciplinary proceeding or other activity
6performed in good faith as a member of the Board, except for
7willful or wanton misconduct.
8(Source: P.A. 102-683, eff. 10-1-22.)
 
9    (225 ILCS 64/40)
10    (This Section may contain text from a Public Act with a
11delayed effective date)
12    (Section scheduled to be repealed on January 1, 2027)
13    Sec. 40. Use of title. No person may use the title
14"licensed midwife", to describe or imply that he or she is a
15licensed midwife, or represent himself or herself as a
16licensed midwife unless the person is granted a license under
17this Act or is licensed as an advanced practice registered
18nurse with certification as a nurse midwife.
19(Source: P.A. 102-683, eff. 10-1-22.)
 
20    (225 ILCS 64/55)
21    (This Section may contain text from a Public Act with a
22delayed effective date)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 55. Expiration; renewal of licensure. The expiration

 

 

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1date and renewal period for each license issued under this Act
2shall be set by rule. The holder of a license may renew the
3license during the month preceding the expiration date of the
4license by paying the required fee. It is the responsibility
5of the licensee to notify the Department in writing of a change
6of address required for the renewal of a license under this
7Act. Applicants have 3 years from the date of application to
8complete the application process. If the process has not been
9completed in 3 years, the application shall be denied, the fee
10shall be forfeited, and the applicant must reapply and meet
11the requirements in effect at the time of reapplication.
12    The Department may adopt rules for continuing education
13for licensed certified professional midwives licensed under
14this Act that require 20 hours of continuing education per
152-year license renewal cycle. The rules shall address
16variances in part or in whole for good cause, including
17without limitation, illness or hardship. The rules must ensure
18that licensees are given the opportunity to participate in
19programs sponsored by or through their State or national
20professional associations, hospitals, or other providers of
21continuing education. Each licensee is responsible for
22maintaining records of completion of continuing education and
23shall be prepared to produce the records when requested by the
24Department.
25    Any licensed certified professional midwife who has
26permitted his or her license to expire or who has had his or

 

 

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1her license on inactive status may have the license restored
2by applying to the Department and filing proof acceptable to
3the Department of his or her fitness to have the license
4restored, and by paying the required fees. Proof of fitness
5may include sworn evidence certifying to active lawful
6practice in another jurisdiction.
7    If the licensed certified professional midwife has not
8maintained an active practice in another jurisdiction
9satisfactory to the Department, the Department shall
10determine, by an evaluation program established by rule, his
11or her fitness for restoration of the license and shall
12establish procedures and requirements for such restoration.
13    However, any licensed certified professional midwife whose
14license expired while he or she was (1) in federal or State
15service on active duty, or (2) in training or education under
16the supervision of the United States preliminary to induction
17into the military service, may have the license restored
18without paying any lapsed renewal fees if, within 2 years
19after termination of such service, training, or education, he
20or she furnishes the Department with satisfactory evidence to
21the effect that he or she has been so engaged and that his or
22her service, training, or education has been terminated.
23(Source: P.A. 102-683, eff. 10-1-22.)
 
24    (225 ILCS 64/90)
25    (This Section may contain text from a Public Act with a

 

 

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1delayed effective date)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 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
26    individual in the antepartum period;

 

 

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1        (7) the number, reason for, and outcome of each urgent
2    or emergency transport of an infant or childbearing
3    individual during the intrapartum or immediate postpartum
4    period;
5        (8) the number of planned out-of-hospital births at
6    the onset of labor and the number of births completed in an
7    out-of-hospital setting;
8        (9) a brief description of any complications resulting
9    in the morbidity or mortality of a childbearing individual
10    or a neonate; and
11        (10) any other information required by rule by the
12    Department of Public Health.
13    (b) (Blank). The Board shall maintain the confidentiality
14of any report under subsection (d).
15    (c) Notwithstanding any other provision of law, a licensed
16certified professional midwife shall be subject to the same
17reporting requirements as other health care professionals who
18provide care to individuals.
19    (d) (Blank). Reports are confidential under Section 180 of
20this Act.
21(Source: P.A. 102-683, eff. 10-1-22.)
 
22    (225 ILCS 64/125)
23    (This Section may contain text from a Public Act with a
24delayed effective date)
25    (Section scheduled to be repealed on January 1, 2027)

 

 

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1    Sec. 125. Rehearing. If the Secretary is satisfied that
2substantial justice has not been done in the revocation,
3suspension, or refusal to issue or renew a license, the
4Secretary may order a rehearing by the same or another hearing
5officer or Board.
6(Source: P.A. 102-683, eff. 10-1-22.)
 
7    (225 ILCS 64/130)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 130. Administrative review; certification of record.
12    (a) All final administrative decisions of the Department
13are subject to judicial review pursuant to the provisions of
14the Administrative Review Law, and all rules adopted pursuant
15thereto. "Administrative decision" has the same meaning as
16used in Section 3-101 of the Code of Civil Procedure.
17    (b) Proceedings for judicial review shall be commenced in
18the circuit court of the county in which the party applying for
19review resides, but if the party is not a resident of this
20State, venue shall be in Sangamon County.
21    (c) The Department shall not be required to certify any
22record to the court, to file an answer in court, or to
23otherwise appear in any court in a judicial review proceeding
24unless and until the Department has received from the
25plaintiff payment of the costs of furnishing and certifying

 

 

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1the record, which costs shall be determined by the Department.
2Exhibits shall be certified without cost. Failure on the part
3of the plaintiff to file a receipt in court is grounds for
4dismissal of the action. During the pendency and hearing of
5any and all judicial proceedings incident to the disciplinary
6action, the sanctions imposed upon the accused by the
7Department because of acts or omissions related to the
8delivery of direct patient care as specified in the
9Department's final administrative decision, shall, as a matter
10of public policy, remain in full force and effect in order to
11protect the public pending final resolution of any of the
12proceedings.
13(Source: P.A. 102-683, eff. 10-1-22.)
 
14    (225 ILCS 64/150)
15    (This Section may contain text from a Public Act with a
16delayed effective date)
17    (Section scheduled to be repealed on January 1, 2027)
18    Sec. 150. Hearing officer. Notwithstanding the provisions
19of Section 140, the Secretary shall have the authority to
20appoint any attorney duly licensed to practice law in this
21State to serve as the hearing officer in any action for refusal
22to issue or renew, or for discipline of, a license. The hearing
23officer shall have full authority to conduct the hearing. The
24hearing officer shall report his or her findings of fact,
25conclusions of law, and recommendations to the Board and the

 

 

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1Secretary. The Board shall have 60 days after receipt of the
2report to review the report of the hearing officer and present
3their findings of fact, conclusions of law, and
4recommendations to the Secretary. If the Secretary disagrees
5in any regard with the report of the Board or hearing officer,
6he or she may issue an order in contravention thereof.
7(Source: P.A. 102-683, eff. 10-1-22.)
 
8    (225 ILCS 64/160 rep.)
9    Section 10. The Licensed Certified Professional Midwife
10Practice Act is amended by repealing Section 160.
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".