Illinois General Assembly - Full Text of HB2940
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Full Text of HB2940  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/23/2011, by Rep. Robyn Gabel


New Act
5 ILCS 80/4.32 new
225 ILCS 60/4  from Ch. 111, par. 4400-4
225 ILCS 65/50-15  was 225 ILCS 65/5-15

    Creates the Home Birth Safety Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation. Creates the Illinois Midwifery Board. Sets forth provisions concerning qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2022. Amends the Medical Practice Act of 1987 and the Nurse Practice Act to make related changes. Effective January 1, 2012.

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HB2940LRB097 08360 CEL 48487 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 1. Short title. This Act may be cited as the Home
5Birth Safety Act.
6    Section 5. Purpose. The practice of midwifery in
7out-of-hospital settings is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of the Act is to
10protect and benefit the public by setting standards for the
11qualifications, education, training, and experience of those
12who seek to obtain licensure and hold the title of Licensed
13Midwife, to promote high standards of professional performance
14for those licensed to practice midwifery in out-of-hospital
15settings in this State, and to protect the public from
16unprofessional conduct by persons licensed to practice
17midwifery, as defined in this Act. This Act shall be liberally
18construed to best carry out these purposes.
19    Section 10. Exemptions.
20    (a) This Act does not prohibit a person licensed under any
21other Act in this State from engaging in the practice for which
22he or she is licensed or from delegating services as provided



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1for under that other Act.
2    (b) Nothing in this Act shall be construed to prohibit or
3require licensing under this Act, with regard to:
4        (1) the gratuitous rendering of services;
5        (2) the rendering of services by a person, if such
6    attendance is in accordance with the person's religious
7    faith and is rendered to persons with a similar religious
8    faith as an exercise and enjoyment of their religious
9    freedom; and
10        (3) a student midwife working under the direction of a
11    licensed midwife.
12    Section 15. Definitions. In this Act:
13    "Board" means the Illinois Midwifery Board.
14    "Certified professional midwife" means a person who has met
15the standards for certification set by the North American
16Registry of Midwives or a successor organization and has been
17awarded the Certified Professional Midwife (CPM) credential.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Licensed midwife" means a person who has been granted a
21license under this Act to engage in the practice of midwifery.
22    "National Association of Certified Professional Midwives"
23or "NACPM" means the professional organization, or its
24successor, that promotes the growth and development of the
25profession of certified professional midwives.



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1    "North American Registry of Midwives" or "NARM" means the
2accredited international agency, or its successor, that has
3established and has continued to administer certification for
4the credentialing of certified professional midwives.
5    "Practice of midwifery" means providing the necessary
6supervision, care, education, and advice to women during the
7antepartum, intrapartum, and postpartum period, conducting
8deliveries independently, and caring for the newborn, with such
9care including without limitation preventative measures, the
10detection of abnormal conditions in the mother and the child,
11the procurement of medical assistance, and the execution of
12emergency measures in the absence of medical help. "Practice of
13midwifery" includes non-prescriptive family planning.
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    Section 20. Unlicensed practice. Beginning January 1,
172013, no person may practice, attempt to practice, or hold
18himself or herself out to practice as a licensed midwife unless
19he or she is licensed as a midwife under this Act.
20    Section 25. Title. A licensed midwife may identify himself
21or herself as a Licensed Midwife or a Licensed Home Birth
22Midwife and may use the abbreviation L.M.
23    Section 30. Informed consent.



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1    (a) A licensed midwife shall, at an initial consultation
2with a client, provide a copy of the rules under this Act and
3disclose to the client orally and in writing all of the
5        (1) The licensed midwife's experience and training.
6        (2) Whether the licensed midwife has malpractice
7    liability insurance coverage and the policy limits of any
8    such coverage.
9        (3) A written protocol for the handling of medical
10    emergencies, including transportation to a hospital,
11    particular to each client.
12        (4) A notice that the client must obtain a physical
13    examination from a physician licensed to practice medicine
14    in all its branches, doctor of osteopathy, physician
15    assistant, or advanced practice nurse.
16    (b) A copy of the informed consent document, signed and
17dated by the client, must be kept in each client's chart.
18    Section 33. Vicarious liability. No physician licensed to
19practice medicine in all its branches or advanced practice
20nurse shall be held liable for an injury solely resulting from
21an act or omission by a licensed midwife occurring outside of a
22hospital, doctor's office or health care facility.
23    Except as may otherwise be provided by law, nothing in this
24Section shall exempt any physician licensed to practice
25medicine in all its branches or advanced practice nurse from



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1liability for his or her own negligent, grossly negligent, or
2willful or wanton acts or omissions.
3    Section 35. Advertising.
4    (a) Any person licensed under this Act may advertise the
5availability of professional midwifery services in the public
6media or on premises where professional services are rendered,
7if the advertising is truthful and not misleading and is in
8conformity with any rules regarding the practice of a licensed
10    (b) A licensee must include in every advertisement for
11midwifery services regulated under this Act his or her title as
12it appears on the license or the initials authorized under this
14    Section 40. Powers and duties of the Department; rules.
15    (a) The Department shall exercise the powers and duties
16prescribed by the Civil Administrative Code of Illinois for the
17administration of licensing Acts and shall exercise such other
18powers and duties necessary for effectuating the purposes of
19this Act.
20    (b) The Secretary shall adopt rules consistent with the
21provisions of this Act for the administration and enforcement
22of the Act and for the payment of fees connected to the Act and
23may prescribe forms that shall be issued in connection with the
24Act. The rules shall include, but not be limited to, the



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2        (1) With regard to testing, care, and screening, a
3    licensed midwife shall:
4            (A) offer each client routine prenatal care and
5        testing in accordance with current American College of
6        Obstetricians and Gynecologists guidelines;
7            (B) provide all clients with a plan for 24-hour
8        on-call availability by a licensed midwife, certified
9        nurse-midwife, or licensed physician throughout
10        pregnancy, intrapartum, and 6 weeks postpartum;
11            (C) provide clients with labor support, fetal
12        monitoring, and routine assessment of vital signs once
13        active labor is established;
14            (D) supervise delivery of infant and placenta,
15        assess newborn and maternal well-being in immediate
16        postpartum, and perform Apgar scores;
17            (E) administer, if necessary, oxytoxin (Pitocin)
18        solely as an anti-hemorrhagic agent, oxygen and
19        intravenous fluids for stabilization, and other drugs
20        or procedures as determined by the Department;
21            (F) perform routine cord management and inspect
22        for the appropriate number of vessels;
23            (G) inspect the placenta and membranes for
24        completeness;
25            (H) inspect the perineum and vagina postpartum for
26        lacerations and stabilize;



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1            (I) observe mother and newborn postpartum until
2        stable condition is achieved, but in no event for less
3        than 2 hours;
4            (J) instruct the mother, father, and other support
5        persons, both verbally and in writing, of the special
6        care and precautions for both mother and newborn in the
7        immediate postpartum period;
8            (K) reevaluate maternal and newborn well-being
9        within 36 hours after delivery.
10            (L) use universal precautions with all biohazard
11        materials;
12            (M) ensure that a birth certificate is accurately
13        completed and filed in accordance with State law;
14            (N) offer to obtain and submit a blood sample, in
15        accordance with the recommendations for metabolic
16        screening of the newborn;
17            (O) offer an injection of vitamin K for the
18        newborn, in accordance with the indication, dose, and
19        administration route set by the Department in rules.
20            (P) within one week after delivery, offer a newborn
21        hearing screening to every newborn or refer the parents
22        to a facility with a newborn hearing screening program;
23            (Q) within 2 hours after the birth, offer the
24        administration of anti-biotic ointment into the eyes
25        of the newborn, in accordance with State law on the
26        prevention of infant blindness; and



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1            (R) maintain adequate antenatal and perinatal
2        records of each client and provide records to
3        consulting licensed physicians and licensed certified
4        nurse-midwives, in accordance with the federal Health
5        Insurance Portability and Accountability Act.
6        (2) With regard to collaboration, a licensed midwife
7    must form a formal collaborative relationship with a
8    medical doctor or doctor of osteopathy licensed under the
9    Illinois Medical Practice Act or a certified nurse midwife
10    licensed as an advanced practice nurse under the Illinois
11    Nurse Practice Act. This relationship must:
12            (A) include documented quarterly review of all
13        clients under the care of the licensed midwife;
14            (B) include written protocols and procedures for
15        assessing risk and appropriateness for home birth;
16            (C) provide supportive care when care is
17        transferred to another provider, if possible; and
18            (D) consider the standards regarding practice of
19        midwifery established by the National Association of
20        Certified Professional Midwives, including referral of
21        mother or baby to appropriate professionals when
22        either needs care outside the midwife's scope of
23        practice or expertise.
24        This relationship must not be construed to necessarily
25    require the personal presence of the collaborating care
26    provider at all times at the place where services are



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1    rendered, as long as there is communication available for
2    consultation by radio, telephone, Internet, or
3    telecommunications.
4        (3) With regard to prohibited practices, a licensed
5    midwife may not do any of the following:
6            (A) Administer prescription pharmacological agents
7        intended to induce or augment labor.
8            (B) Administer prescription pharmacological agents
9        to provide pain management.
10            (C) Use vacuum extractors or forceps.
11            (D) Prescribe medications.
12            (E) Perform major surgical procedures including,
13        but not limited to, abortions, cesarean sections, and
14        circumcisions.
15    (c) The Department shall consult with the Board in adopting
16rules. Notice of proposed rulemaking shall be transmitted to
17the Board and the Department shall review the Board's response
18and any recommendations made. The Department shall notify the
19Board in writing with proper explanation of deviations from the
20Board's recommendations and responses.
21    (d) The Department may at any time seek the advice and the
22expert knowledge of the Board on any matter relating to the
23administration of this Act.
24    (e) The Department shall issue quarterly a report to the
25Board of the status of all complaints related to the profession
26filed with the Department.



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1    (f) Administration by the Department of this Act must be
2consistent with standards regarding the practice of midwifery
3established by the National Association of Certified
4Professional Midwives or a successor organization whose
5essential documents include without limitation subject matter
6concerning scope of practice, standards of practice, informed
7consent, appropriate consultation, collaboration or referral,
8and acknowledgement of a woman's right to self determination
9concerning her maternity care.
10    Section 45. Illinois Midwifery Board.
11    (a) There is created under the authority of the Department
12the Illinois Midwifery Board, which shall consist of 7 members
13appointed by the Secretary, 4 of whom shall be licensed
14midwives who carry the CPM credential, except that initial
15appointees must have at least 3 years of experience in the
16practice of midwifery in an out-of-hospital setting, be
17certified by the North American Registry of Midwives, and meet
18the qualifications for licensure set forth in this Act; one of
19whom shall be an obstetrician or a family practice physician
20licensed under the Medical Practice Act of 1987 who has a
21minimum of 2 years of experience providing home birth services
22or consulting with home birth providers; one of whom shall be a
23certified nurse midwife who has at least 2 years of experience
24in providing home birth services; and one of whom shall be a
25knowledgeable public member who has given birth with the



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1assistance of a certified professional midwife in an
2out-of-hospital birth setting. Board members shall serve
34-year terms, except that in the case of initial appointments,
4terms shall be staggered as follows: 3 members shall serve for
54 years, 2 members shall serve for 3 years, and 2 members shall
6serve for 2 years. The Board shall annually elect a chairperson
7and vice chairperson.
8    (b) Any appointment made to fill a vacancy shall be for the
9unexpired portion of the term. Appointments to fill vacancies
10shall be made in the same manner as original appointments. No
11Board member may be reappointed for a term that would cause his
12or her continuous service on the Board to exceed 9 years.
13    (c) Board membership must have reasonable representation
14from different geographic areas of this State.
15    (d) The members of the Board shall be reimbursed for all
16legitimate, necessary, and authorized expenses incurred in
17attending the meetings of the Board.
18    (e) The Secretary may remove any member for cause at any
19time prior to the expiration of his or her term.
20    (f) Four Board members shall constitute a quorum. A vacancy
21in the membership of the Board shall not impair the right of a
22quorum to perform all of the duties of the Board.
23    (g) The Board shall provide the Department with
24recommendations concerning the administration of this Act and
25perform each of the following duties:
26        (1) Recommend to the Department the prescription and,



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1    from time to time, the revision of any rules that may be
2    necessary to carry out the provisions of this Act,
3    including those that are designed to protect the health,
4    safety, and welfare of the public.
5        (2) Conduct hearings and disciplinary conferences on
6    disciplinary charges of licensees.
7        (3) Report to the Department, upon completion of a
8    hearing, the disciplinary actions recommended to be taken
9    against a person found in violation of this Act.
10        (4) Recommend the approval, denial of approval, and
11    withdrawal of approval of required education and
12    continuing educational programs.
13    (h) The Secretary shall give due consideration to all
14recommendations of the Board. If the Secretary takes action
15contrary to a recommendation of the Board, the Secretary must
16promptly provide a written explanation of that action.
17    (i) The Board may recommend to the Secretary that one or
18more licensed midwives be selected by the Secretary to assist
19in any investigation under this Act. Compensation shall be
20provided to any licensee who provides assistance under this
21subsection (i), in an amount determined by the Secretary.
22    (j) Members of the Board shall be immune from suit in an
23action based upon a disciplinary proceeding or other activity
24performed in good faith as a member of the Board, except for
25willful or wanton misconduct.



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1    Section 50. Qualifications.
2    (a) A person is qualified for licensure as a midwife if
3that person meets each of the following qualifications:
4        (1) He or she has earned an associate's degree or
5    higher, or the equivalent of an associate's degree or
6    higher, in either nursing or midwifery from an accredited
7    post-secondary institution or has earned a general
8    associates degree or its equivalent, including completion
9    of all of the following coursework from an accredited
10    post-secondary institution in the following denominations:
11        (A) Laboratory Science (must include coursework in
12    Anatomy and Physiology and Microbiology): 12 credit hours.
13        (B) English or Communications: 6 credit hours.
14        (C) Social and Behavioral Science (Sociology and
15    Psychology): 6 credit hours.
16        (D) Math: 3 credit hours.
17        (E) Nutrition: 3 credit hours.
18        (F) Pharmacology: 3 credit hours.
19        (2) He or she has successfully completed a program of
20    midwifery education approved by the North American
21    Registry of Midwives that includes both didactic and
22    clinical internship experience, the sum of which, on
23    average, takes 3 to 5 years to complete.
24        (3) He or she has passed a written and practical skills
25    examination for the practice of midwifery that has been
26    developed following the standards set by the National



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1    Commission for Certifying Agencies or a successor
2    organization and is administered by the North American
3    Registry of Midwives.
4        (4) He or she holds a valid CPM credential granted by
5    the North American Registry of Midwives.
6    (b) Before March 1, 2013, a person seeking licensure as a
7licensed midwife who has not met the educational requirements
8set forth in this Section shall be qualified for licensure if
9that person does all of the following:
10        (1) Submits evidence of having successfully passed the
11    national certification exam described in subsection (a) of
12    this Section prior to January 1, 2006.
13        (2) Submits evidence of current certification in adult
14    CPR and in neonatal resuscitation.
15        (3) Has continually maintained active, up-to-date
16    recertification status as a certified professional midwife
17    with the North American Registry of Midwives.
18        (4) Submits evidence of practice for at least 5 years
19    as a midwife delivering in an out-of-hospital setting.
20    (c) Nothing used in submitting evidence of practice of
21midwifery when applying for licensure under this Act shall be
22used as evidence or to take legal action against the applicant
23regarding the practice of midwifery, nursing, or medicine prior
24to the passage of this Act.
25    Section 55. Social Security Number on application. In



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1addition to any other information required to be contained in
2the application, every application for an original, renewal,
3reinstated, or restored license under this Act shall include
4the applicant's Social Security Number.
5    Section 60. Continuing education.
6    (a) The Department shall require all licensed midwives to
7submit proof of the completion of at least 25 hours of
8continuing education in classes approved by the North American
9Registry of Midwives and 5 hours of peer review per 3-year
10license renewal cycle.
11    (b) Rules adopted under this Act shall require the licensed
12midwife to maintain CPM certification by meeting all the
13requirements set forth by the North American Registry of
14Midwives or its successor.
15    (c) Each licensee is responsible for maintaining records of
16completion of continuing education and shall be prepared to
17produce the records when requested by the Department.
18    Section 65. Inactive status.
19    (a) A licensed midwife who notifies the Department in
20writing on forms prescribed by the Department may elect to
21place his or her license on an inactive status and shall be
22excused from payment of renewal fees until he or she notifies
23the Department in writing of his or her intent to restore the



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1    (b) A licensed midwife whose license is on inactive status
2may not practice licensed midwifery in the State of Illinois.
3    (c) A licensed midwife requesting restoration from
4inactive status shall be required to pay the current renewal
5fee and to restore his or her license, as provided by the
7    (d) Any licensee who engages in the practice of midwifery
8while his or her license is lapsed or on inactive status shall
9be considered to be practicing without a license, which shall
10be grounds for discipline.
11    Section 70. Renewal, reinstatement, or restoration of
12licensure; military service.
13    (a) The expiration date and renewal period for each license
14issued under this Act shall be set by the Department.
15    (b) All renewal applicants shall provide proof of having
16met the requirements of continuing education set forth by the
17North American Registry of Midwives or its successor. The
18Department shall provide for an orderly process for the
19reinstatement of licenses that have not been renewed due to
20failure to meet continuing education requirements.
21    (c) Any licensed midwife who has permitted his or her
22license to expire or who has had his or her license on inactive
23status may have his or her license restored by making
24application to the Department and filing proof acceptable to
25the Department of fitness to have the license restored and by



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1paying the required fees. Proof of fitness may include evidence
2attesting to active lawful practice in another jurisdiction.
3    (d) The Department shall determine, by an evaluation
4program, fitness for restoration of a license under this
5Section and shall establish procedures and requirements for
7    (e) Any licensed midwife whose license expired while he or
8she was (i) in federal service on active duty with the Armed
9Forces of the United States or the State Militia and called
10into service or training or (ii) or received education under
11the supervision of the United States preliminary to induction
12into the military service may have his or her license restored
13without paying any lapsed renewal fees, if, within 2 years
14after honorable termination of service, training, or
15education, he or she furnishes the Department with satisfactory
16evidence to the effect that he or she has been so engaged.
17    Section 75. Roster. The Department shall maintain a roster
18of the names and addresses of all licensees and of all persons
19whose licenses have been suspended or revoked. This roster
20shall be available upon written request and payment of the
21required fee.
22    Section 80. Fees.
23    (a) The Department shall provide for a schedule of fees for
24the administration and enforcement of this Act, including



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1without limitation original licensure, renewal, and
2restoration, which fees shall be nonrefundable.
3    (b) All fees collected under this Act shall be deposited
4into the General Professions Dedicated Fund and appropriated to
5the Department for the ordinary and contingent expenses of the
6Department in the administration of this Act.
7    Section 85. Returned checks; fines. Any person who delivers
8a check or other payment to the Department that is returned to
9the Department unpaid by the financial institution upon which
10it is drawn shall pay to the Department, in addition to the
11amount already owed to the Department, a fine of $50. The fines
12imposed by this Section are in addition to any other discipline
13provided under this Act for unlicensed practice or practice on
14a non-renewed license. The Department shall notify the person
15that fees and fines shall be paid to the Department by
16certified check or money order within 30 calendar days after
17the notification. If, after the expiration of 30 days from the
18date of the notification, the person has failed to submit the
19necessary remittance, the Department shall automatically
20terminate the license or deny the application, without hearing.
21If, after termination or denial, the person seeks a license, he
22or she shall apply to the Department for restoration or
23issuance of the license and pay all fees and fines due to the
24Department. The Department may establish a fee for the
25processing of an application for restoration of a license to



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1defray all expenses of processing the application. The
2Secretary may waive the fines due under this Section in
3individual cases where the Secretary finds that the fines would
4be unreasonable or unnecessarily burdensome.
5    Section 90. Unlicensed practice; civil penalty. Any person
6who practices, offers to practice, attempts to practice, or
7holds himself or herself out to practice midwifery or as a
8midwife without being licensed under this Act shall, in
9addition to any other penalty provided by law, pay a civil
10penalty to the Department in an amount not to exceed $5,000 for
11each offense, as determined by the Department. The civil
12penalty shall be assessed by the Department after a hearing is
13held in accordance with the provisions set forth in this Act
14regarding the provision of a hearing for the discipline of a
15licensee. The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record. The Department may investigate any
20unlicensed activity.
21    Section 95. Grounds for disciplinary action.
22    (a) The Department may refuse to issue or to renew or may
23revoke, suspend, place on probation, reprimand or take other
24disciplinary action as the Department may deem proper,



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1including fines not to exceed $5,000 for each violation, with
2regard to any licensee or license for any one or combination of
3the following causes:
4        (1) Violations of this Act or its rules.
5        (2) Material misstatement in furnishing information to
6    the Department.
7        (3) Conviction of any crime under the laws of any U.S.
8    jurisdiction that is (i) a felony, (ii) a misdemeanor, an
9    essential element of which is dishonesty, or (iii) directly
10    related to the practice of the profession.
11        (4) Making any misrepresentation for the purpose of
12    obtaining a license.
13        (5) Professional incompetence or gross negligence.
14        (6) Gross malpractice.
15        (7) Aiding or assisting another person in violating any
16    provision of this Act or its rules.
17        (8) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (9) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (10) Habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants, or any other chemical agent or drug
24    that results in the inability to practice with reasonable
25    judgment, skill, or safety.
26        (11) Discipline by another U.S. jurisdiction or



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1    foreign nation if at least one of the grounds for the
2    discipline is the same or substantially equivalent to those
3    set forth in this Act.
4        (12) Directly or indirectly giving to or receiving from
5    any person, firm, corporation, partnership, or association
6    any fee, commission, rebate, or other form of compensation
7    for any professional services not actually or personally
8    rendered. This shall not be deemed to include rent or other
9    remunerations paid to an individual, partnership, or
10    corporation by a licensed midwife for the lease, rental, or
11    use of space, owned or controlled by the individual,
12    partnership, corporation, or association.
13        (13) A finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status, has violated the terms of probation.
16        (14) Abandonment of a patient without cause.
17        (15) Willfully making or filing false records or
18    reports relating to a licensee's practice, including, but
19    not limited to, false records filed with State agencies or
20    departments.
21        (16) Physical illness or mental illness, including,
22    but not limited to, deterioration through the aging process
23    or loss of motor skill that results in the inability to
24    practice the profession with reasonable judgment, skill,
25    or safety.
26        (17) Failure to provide a patient with a copy of his or



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1    her record upon the written request of the patient.
2        (18) Conviction by any court of competent
3    jurisdiction, either within or without this State, of any
4    violation of any law governing the practice of licensed
5    midwifery or conviction in this or another state of any
6    crime that is a felony under the laws of this State or
7    conviction of a felony in a federal court, if the
8    Department determines, after investigation, that the
9    person has not been sufficiently rehabilitated to warrant
10    the public trust.
11        (19) A finding that licensure has been applied for or
12    obtained by fraudulent means.
13        (20) Being named as a perpetrator in an indicated
14    report by the Department of Healthcare and Family Services
15    under the Abused and Neglected Child Reporting Act and upon
16    proof by clear and convincing evidence that the licensee
17    has caused a child to be an abused child or a neglected
18    child, as defined in the Abused and Neglected Child
19    Reporting Act.
20        (21) Practicing or attempting to practice under a name
21    other than the full name shown on a license issued under
22    this Act.
23        (22) Immoral conduct in the commission of any act, such
24    as sexual abuse, sexual misconduct, or sexual
25    exploitation, related to the licensee's practice.
26        (23) Maintaining a professional relationship with any



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1    person, firm, or corporation when the licensed midwife
2    knows or should know that a person, firm, or corporation is
3    violating this Act.
4        (24) Failure to provide satisfactory proof of having
5    participated in approved continuing education programs as
6    determined by the Board and approved by the Secretary.
7    Exceptions for extreme hardships are to be defined by the
8    Department.
9    (b) The Department may refuse to issue or may suspend the
10license of any person who fails to (i) file a tax return or to
11pay the tax, penalty, or interest shown in a filed return or
12(ii) pay any final assessment of the tax, penalty, or interest,
13as required by any tax Act administered by the Illinois
14Department of Revenue, until the time that the requirements of
15that tax Act are satisfied.
16    (c) The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code operates as an automatic suspension. The suspension shall
20end only upon a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission,
22the issuance of an order so finding and discharging the
23patient, and the recommendation of the Board to the Secretary
24that the licensee be allowed to resume his or her practice.
25    (d) In enforcing this Section, the Department, upon a
26showing of a possible violation, may compel any person licensed



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1to practice under this Act or who has applied for licensure or
2certification pursuant to this Act to submit to a mental or
3physical examination, or both, as required by and at the
4expense of the Department. The examining physicians shall be
5those specifically designated by the Department. The
6Department may order an examining physician to present
7testimony concerning the mental or physical examination of the
8licensee or applicant. No information shall be excluded by
9reason of any common law or statutory privilege relating to
10communications between the licensee or applicant and the
11examining physician. The person to be examined may have, at his
12or her own expense, another physician of his or her choice
13present during all aspects of the examination. Failure of any
14person to submit to a mental or physical examination when
15directed shall be grounds for suspension of a license until the
16person submits to the examination if the Department finds,
17after notice and hearing, that the refusal to submit to the
18examination was without reasonable cause.
19    If the Department finds an individual unable to practice
20because of the reasons set forth in this subsection (d), the
21Department may require that individual to submit to care,
22counseling, or treatment by physicians approved or designated
23by the Department, as a condition, term, or restriction for
24continued, reinstated, or renewed licensure to practice or, in
25lieu of care, counseling, or treatment, the Department may file
26a complaint to immediately suspend, revoke, or otherwise



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1discipline the license of the individual. Any person whose
2license was granted, reinstated, renewed, disciplined, or
3supervised subject to such terms, conditions, or restrictions
4and who fails to comply with such terms, conditions, or
5restrictions shall be referred to the Secretary for a
6determination as to whether or not the person shall have his or
7her license suspended immediately, pending a hearing by the
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 15 days after
12the suspension and completed without appreciable delay. The
13Department may review the person's record of treatment and
14counseling regarding the impairment, to the extent permitted by
15applicable federal statutes and regulations safeguarding the
16confidentiality of medical records.
17    A person licensed under this Act and affected under this
18subsection (d) shall be afforded an opportunity to demonstrate
19to the Department that he or she can resume practice in
20compliance with acceptable and prevailing standards under the
21provisions of his or her license.
22    Section 100. Failure to pay restitution. The Department,
23without further process or hearing, shall suspend the license
24or other authorization to practice of any person issued under
25this Act who has been certified by court order as not having



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1paid restitution to a person under Section 8A-3.5 of the
2Illinois Public Aid Code or under Section 46-1 of the Criminal
3Code of 1961. A person whose license or other authorization to
4practice is suspended under this Section is prohibited from
5practicing until restitution is made in full.
6    Section 105. Injunction; cease and desist order.
7    (a) If a person violates any provision of this Act, the
8Secretary may, in the name of the People of the State of
9Illinois, through the Attorney General or the State's Attorney
10of any county in which the action is brought, petition for an
11order enjoining the violation or enforcing compliance with this
12Act. Upon the filing of a verified petition in court, the court
13may issue a temporary restraining order, without notice or
14bond, and may preliminarily and permanently enjoin the
15violation. If it is established that the person has violated or
16is violating the injunction, the court may punish the offender
17for contempt of court. Proceedings under this Section shall be
18in addition to, and not in lieu of, all other remedies and
19penalties provided by this Act.
20    (b) If any person practices as a licensed midwife or holds
21himself or herself out as a licensed midwife without being
22licensed under the provisions of this Act, then any licensed
23midwife, any interested party, or any person injured thereby
24may, in addition to the Secretary, petition for relief as
25provided in subsection (a) of this Section.



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1    (c) Whenever, in the opinion of the Department, any person
2violates any provision of this Act, the Department may issue a
3rule to show cause why an order to cease and desist should not
4be entered against that person. The rule shall clearly set
5forth the grounds relied upon by the Department and shall
6provide a period of 7 days after the date of the rule to file an
7answer to the satisfaction of the Department. Failure to answer
8to the satisfaction of the Department shall cause an order to
9cease and desist to be issued immediately.
10    Section 110. Violation; criminal penalty.
11    (a) Whoever knowingly practices or offers to practice
12midwifery in this State without being licensed for that purpose
13or exempt under this Act shall be guilty of a Class A
14misdemeanor and, for each subsequent conviction, shall be
15guilty of a Class 4 felony.
16    (b) Notwithstanding any other provision of this Act, all
17criminal fines, moneys, or other property collected or received
18by the Department under this Section or any other State or
19federal statute, including, but not limited to, property
20forfeited to the Department under Section 505 of the Illinois
21Controlled Substances Act or Section 85 of the Methamphetamine
22Control and Community Protection Act, shall be deposited into
23the Professional Regulation Evidence Fund.
24    Section 115. Investigation; notice; hearing. The



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1Department may investigate the actions of any applicant or of
2any person or persons holding or claiming to hold a license
3under this Act. Before refusing to issue or to renew or taking
4any disciplinary action regarding a license, the Department
5shall, at least 30 days prior to the date set for the hearing,
6notify in writing the applicant or licensee of the nature of
7any charges and that a hearing shall be held on a date
8designated. The Department shall direct the applicant or
9licensee to file a written answer with the Board under oath
10within 20 days after the service of the notice and inform the
11applicant or licensee that failure to file an answer shall
12result in default being taken against the applicant or licensee
13and that the license may be suspended, revoked, or placed on
14probationary status or that other disciplinary action may be
15taken, including limiting the scope, nature, or extent of
16practice, as the Secretary may deem proper. Written notice may
17be served by personal delivery or certified or registered mail
18to the respondent at the address of his or her last
19notification to the Department. If the person fails to file an
20answer after receiving notice, his or her license may, in the
21discretion of the Department, be suspended, revoked, or placed
22on probationary status, or the Department may take any
23disciplinary action deemed proper, including limiting the
24scope, nature, or extent of the person's practice or the
25imposition of a fine, without a hearing, if the act or acts
26charged constitute sufficient grounds for such action under



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1this Act. At the time and place fixed in the notice, the Board
2shall proceed to hear the charges and the parties or their
3counsel shall be accorded ample opportunity to present such
4statements, testimony, evidence, and argument as may be
5pertinent to the charges or to their defense. The Board may
6continue a hearing from time to time.
7    Section 120. Formal hearing; preservation of record. The
8Department, at its expense, shall preserve a record of all
9proceedings at the formal hearing of any case. The notice of
10hearing, complaint, and all other documents in the nature of
11pleadings and written motions filed in the proceedings, the
12transcript of testimony, the report of the Board or hearing
13officer, and order of the Department shall be the record of the
14proceeding. The Department shall furnish a transcript of the
15record to any person interested in the hearing upon payment of
16the fee required under Section 2105-115 of the Department of
17Professional Regulation Law.
18    Section 125. Witnesses; production of documents; contempt.
19Any circuit court may upon application of the Department or its
20designee or of the applicant or licensee against whom
21proceedings under Section 95 of this Act are pending, enter an
22order requiring the attendance of witnesses and their testimony
23and the production of documents, papers, files, books, and
24records in connection with any hearing or investigation. The



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1court may compel obedience to its order by proceedings for
3    Section 130. Subpoena; oaths. The Department shall have the
4power to subpoena and bring before it any person in this State
5and to take testimony either orally or by deposition or both
6with the same fees and mileage and in the same manner as
7prescribed in civil cases in circuit courts of this State. The
8Secretary, the designated hearing officer, and every member of
9the Board has the power to administer oaths to witnesses at any
10hearing that the Department is authorized to conduct and any
11other oaths authorized in any Act administered by the
12Department. Any circuit court may, upon application of the
13Department or its designee or upon application of the person
14against whom proceedings under this Act are pending, enter an
15order requiring the attendance of witnesses and their
16testimony, and the production of documents, papers, files,
17books, and records in connection with any hearing or
18investigation. The court may compel obedience to its order by
19proceedings for contempt.
20    Section 135. Findings of fact, conclusions of law, and
21recommendations. At the conclusion of the hearing the Board
22shall present to the Secretary a written report of its findings
23of fact, conclusions of law, and recommendations. The report
24shall contain a finding as to whether or not the accused person



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1violated this Act or failed to comply with the conditions
2required under this Act. The Board shall specify the nature of
3the violation or failure to comply and shall make its
4recommendations to the Secretary.
5    The report of findings of fact, conclusions of law, and
6recommendations of the Board shall be the basis for the
7Department's order. If the Secretary disagrees in any regard
8with the report of the Board, the Secretary may issue an order
9in contravention of the report. The finding is not admissible
10in evidence against the person in a criminal prosecution
11brought for the violation of this Act, but the hearing and
12findings are not a bar to a criminal prosecution brought for
13the violation of this Act.
14    Section 140. Hearing officer. The Secretary may appoint any
15attorney duly licensed to practice law in the State of Illinois
16to serve as the hearing officer in any action for departmental
17refusal to issue, renew, or license an applicant or for
18disciplinary action against a licensee. The hearing officer
19shall have full authority to conduct the hearing. The hearing
20officer shall report his or her findings of fact, conclusions
21of law, and recommendations to the Board and the Secretary. The
22Board shall have 60 calendar days after receipt of the report
23to review the report of the hearing officer and present its
24findings of fact, conclusions of law, and recommendations to
25the Secretary. If the Board fails to present its report within



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1the 60-day period, the Secretary may issue an order based on
2the report of the hearing officer. If the Secretary disagrees
3with the recommendation of the Board or the hearing officer, he
4or she may issue an order in contravention of that
6    Section 145. Service of report; motion for rehearing. In
7any case involving the discipline of a license, a copy of the
8Board's report shall be served upon the respondent by the
9Department, either personally or as provided in this Act for
10the service of the notice of hearing. Within 20 days after the
11service, the respondent may present to the Department a motion
12in writing for a rehearing that shall specify the particular
13grounds for rehearing. If no motion for rehearing is filed,
14then upon the expiration of the time specified for filing a
15motion, or if a motion for rehearing is denied, then upon the
16denial, the Secretary may enter an order in accordance with
17this Act. If the respondent orders from the reporting service
18and pays for a transcript of the record within the time for
19filing a motion for rehearing, the 20-day period within which
20the motion may be filed shall commence upon the delivery of the
21transcript to the respondent.
22    Section 150. Rehearing. Whenever the Secretary is
23satisfied that substantial justice has not been done in the
24revocation, suspension, or refusal to issue or renew a license,



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1the Secretary may order a rehearing by the same or another
2hearing officer or by the Board.
3    Section 155. Prima facie proof. An order or a certified
4copy thereof, over the seal of the Department and purporting to
5be signed by the Secretary, shall be prima facie proof of the
7        (1) that the signature is the genuine signature of the
8    Secretary;
9        (2) that such Secretary is duly appointed and
10    qualified; and
11        (3) that the Board and its members are qualified to
12    act.
13    Section 160. Restoration of license. At any time after the
14suspension or revocation of any license, the Department may
15restore the license to the accused person, unless after an
16investigation and a hearing the Department determines that
17restoration is not in the public interest.
18    Section 165. Surrender of license. Upon the revocation or
19suspension of any license, the licensee shall immediately
20surrender the license to the Department. If the licensee fails
21to do so, the Department shall have the right to seize the



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1    Section 170. Summary suspension. The Secretary may
2summarily suspend the license of a licensee under this Act
3without a hearing, simultaneously with the institution of
4proceedings for a hearing provided for in this Act, if the
5Secretary finds that evidence in his or her possession
6indicates that continuation in practice would constitute an
7imminent danger to the public. In the event that the Secretary
8summarily suspends a license without a hearing, a hearing by
9the Department must be held within 30 days after the suspension
10has occurred.
11    Section 175. Certificate of record. The Department shall
12not be required to certify any record to the court or file any
13answer in court or otherwise appear in any court in a judicial
14review proceeding, unless there is filed in the court, with the
15complaint, a receipt from the Department acknowledging payment
16of the costs of furnishing and certifying the record. Failure
17on the part of the plaintiff to file a receipt in court shall
18be grounds for dismissal of the action.
19    Section 180. Administrative Review Law. All final
20administrative decisions of the Department are subject to
21judicial review under the Administrative Review Law and its
22rules. The term "administrative decision" is defined as in
23Section 3-101 of the Code of Civil Procedure.



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1    Section 185. Illinois Administrative Procedure Act. The
2Illinois Administrative Procedure Act is hereby expressly
3adopted and incorporated in this Act as if all of the
4provisions of such Act were included in this Act, except that
5the provision of subsection (d) of Section 10-65 of the
6Illinois Administrative Procedure Act that provides that at
7hearings the licensee has the right to show compliance with all
8lawful requirements for retention, continuation, or renewal of
9the license is specifically excluded. For purposes of this Act,
10the notice required under Section 10-25 of the Illinois
11Administrative Procedure Act is deemed sufficient when mailed
12to the last known address of a party.
13    Section 190. Home rule. Pursuant to paragraph (h) of
14Section 6 of Article VII of the Illinois Constitution of 1970,
15the power to regulate and issue licenses for the practice of
16midwifery shall, except as may otherwise be provided within and
17pursuant to the provisions of this Act, be exercised by the
18State and may not be exercised by any unit of local government,
19including home rule units.
20    Section 195. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
22    Section 900. The Regulatory Sunset Act is amended by adding
23Section 4.32 as follows:



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1    (5 ILCS 80/4.32 new)
2    Sec. 4.32. Act repealed on January 1, 2022. The following
3Act is repealed on January 1, 2022:
4    The Home Birth Safety Act.
5    Section 905. The Medical Practice Act of 1987 is amended by
6changing Section 4 as follows:
7    (225 ILCS 60/4)  (from Ch. 111, par. 4400-4)
8    (Section scheduled to be repealed on November 30, 2011)
9    Sec. 4. Exemptions.
10    (a) This Act does not apply to the following:
11        (1) persons lawfully carrying on their particular
12    profession or business under any valid existing regulatory
13    Act of this State, including without limitation persons
14    engaged in the practice of midwifery who are licensed under
15    the Home Birth Safety Act;
16        (2) persons rendering gratuitous services in cases of
17    emergency;
18        (3) persons treating human ailments by prayer or
19    spiritual means as an exercise or enjoyment of religious
20    freedom; or
21        (4) persons practicing the specified occupations set
22    forth in in subsection (a) of, and pursuant to a licensing
23    exemption granted in subsection (b) or (d) of, Section



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1    2105-350 of the Department of Professional Regulation Law
2    of the Civil Administrative Code of Illinois, but only for
3    so long as the 2016 Olympic and Paralympic Games
4    Professional Licensure Exemption Law is operable.
5    (b) (Blank).
6(Source: P.A. 96-7, eff. 4-3-09.)
7    Section 910. The Nurse Practice Act is amended by changing
8Section 50-15 as follows:
9    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 50-15. Policy; application of Act.
12    (a) For the protection of life and the promotion of health,
13and the prevention of illness and communicable diseases, any
14person practicing or offering to practice advanced,
15professional, or practical nursing in Illinois shall submit
16evidence that he or she is qualified to practice, and shall be
17licensed as provided under this Act. No person shall practice
18or offer to practice advanced, professional, or practical
19nursing in Illinois or use any title, sign, card or device to
20indicate that such a person is practicing professional or
21practical nursing unless such person has been licensed under
22the provisions of this Act.
23    (b) This Act does not prohibit the following:
24        (1) The practice of nursing in Federal employment in



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1    the discharge of the employee's duties by a person who is
2    employed by the United States government or any bureau,
3    division or agency thereof and is a legally qualified and
4    licensed nurse of another state or territory and not in
5    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
6    this Act.
7        (2) Nursing that is included in the program of study by
8    students enrolled in programs of nursing or in current
9    nurse practice update courses approved by the Department.
10        (3) The furnishing of nursing assistance in an
11    emergency.
12        (4) The practice of nursing by a nurse who holds an
13    active license in another state when providing services to
14    patients in Illinois during a bonafide emergency or in
15    immediate preparation for or during interstate transit.
16        (5) The incidental care of the sick by members of the
17    family, domestic servants or housekeepers, or care of the
18    sick where treatment is by prayer or spiritual means.
19        (6) Persons from being employed as unlicensed
20    assistive personnel in private homes, long term care
21    facilities, nurseries, hospitals or other institutions.
22        (7) The practice of practical nursing by one who is a
23    licensed practical nurse under the laws of another U.S.
24    jurisdiction and has applied in writing to the Department,
25    in form and substance satisfactory to the Department, for a
26    license as a licensed practical nurse and who is qualified



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1    to receive such license under this Act, until (i) the
2    expiration of 6 months after the filing of such written
3    application, (ii) the withdrawal of such application, or
4    (iii) the denial of such application by the Department.
5        (8) The practice of advanced practice nursing by one
6    who is an advanced practice nurse under the laws of another
7    state, territory of the United States, or country and has
8    applied in writing to the Department, in form and substance
9    satisfactory to the Department, for a license as an
10    advanced practice nurse and who is qualified to receive
11    such license under this Act, until (i) the expiration of 6
12    months after the filing of such written application, (ii)
13    the withdrawal of such application, or (iii) the denial of
14    such application by the Department.
15        (9) The practice of professional nursing by one who is
16    a registered professional nurse under the laws of another
17    state, territory of the United States or country and has
18    applied in writing to the Department, in form and substance
19    satisfactory to the Department, for a license as a
20    registered professional nurse and who is qualified to
21    receive such license under Section 55-10, until (1) the
22    expiration of 6 months after the filing of such written
23    application, (2) the withdrawal of such application, or (3)
24    the denial of such application by the Department.
25        (10) The practice of professional nursing that is
26    included in a program of study by one who is a registered



HB2940- 40 -LRB097 08360 CEL 48487 b

1    professional nurse under the laws of another state or
2    territory of the United States or foreign country,
3    territory or province and who is enrolled in a graduate
4    nursing education program or a program for the completion
5    of a baccalaureate nursing degree in this State, which
6    includes clinical supervision by faculty as determined by
7    the educational institution offering the program and the
8    health care organization where the practice of nursing
9    occurs.
10        (11) Any person licensed in this State under any other
11    Act from engaging in the practice for which she or he is
12    licensed, including without limitation any person engaged
13    in the practice of midwifery who is licensed under the Home
14    Birth Safety Act.
15        (12) Delegation to authorized direct care staff
16    trained under Section 15.4 of the Mental Health and
17    Developmental Disabilities Administrative Act consistent
18    with the policies of the Department.
19        (13) The practice, services, or activities of persons
20    practicing the specified occupations set forth in
21    subsection (a) of, and pursuant to a licensing exemption
22    granted in subsection (b) or (d) of, Section 2105-350 of
23    the Department of Professional Regulation Law of the Civil
24    Administrative Code of Illinois, but only for so long as
25    the 2016 Olympic and Paralympic Games Professional
26    Licensure Exemption Law is operable.



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1        (14) County correctional personnel from delivering
2    prepackaged medication for self-administration to an
3    individual detainee in a correctional facility.
4    Nothing in this Act shall be construed to limit the
5delegation of tasks or duties by a physician, dentist, or
6podiatrist to a licensed practical nurse, a registered
7professional nurse, or other persons.
8(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
9eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
10    Section 999. Effective date. This Act takes effect January
111, 2012.