Full Text of SB3712 96th General Assembly
SB3712ham001 96TH GENERAL ASSEMBLY
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Rep. Robyn Gabel
Filed: 5/5/2010
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| AMENDMENT TO SENATE BILL 3712
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| AMENDMENT NO. ______. Amend Senate Bill 3712 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Home | 5 |
| Birth Safety Act. | 6 |
| Section 5. Purpose. The practice of midwifery in | 7 |
| out-of-hospital settings is hereby declared to affect the | 8 |
| public health, safety, and welfare and to be subject to | 9 |
| regulation in the public interest. The purpose of the Act is to | 10 |
| protect and benefit the public by setting standards for the | 11 |
| qualifications, education, training, and experience of those | 12 |
| who seek to obtain licensure and hold the title of Licensed | 13 |
| Midwife, to promote high standards of professional performance | 14 |
| for those licensed to practice midwifery in out-of-hospital | 15 |
| settings in this State, and to protect the public from | 16 |
| unprofessional conduct by persons licensed to practice |
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| midwifery, as defined in this Act. This Act shall be liberally | 2 |
| construed to best carry out these purposes. | 3 |
| Section 10. Exemptions. | 4 |
| (a) This Act does not prohibit a person licensed under any | 5 |
| other Act in this State from engaging in the practice for which | 6 |
| he or she is licensed or from delegating services as provided | 7 |
| for under that other Act. | 8 |
| (b) Nothing in this Act shall be construed to prohibit or | 9 |
| require licensing under this Act, with regard to a student | 10 |
| midwife working under the direction of a licensed midwife. | 11 |
| Section 15. Definitions. In this Act:
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| "Board" means the Illinois Midwifery Board. | 13 |
| "Certified professional midwife" means a person who has met | 14 |
| the standards for certification set by the North American | 15 |
| Registry of Midwives or a successor organization and has been | 16 |
| awarded the Certified Professional Midwife (CPM) credential. | 17 |
| "Department" means the Department of Financial and | 18 |
| Professional Regulation. | 19 |
| "Licensed midwife" means a person who has been granted a | 20 |
| license under this Act to engage in the practice of midwifery. | 21 |
| "National Association of Certified Professional Midwives" | 22 |
| or "NACPM" means the professional organization, or its | 23 |
| successor, that promotes the growth and development of the | 24 |
| profession of certified professional midwives. |
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| "North American Registry of Midwives" or "NARM" means the | 2 |
| accredited international agency, or its successor, that has | 3 |
| established and has continued to administer certification for | 4 |
| the credentialing of certified professional midwives. | 5 |
| "Practice of midwifery" means providing the necessary | 6 |
| supervision, care, education, and advice to women during the | 7 |
| antepartum, intrapartum, and postpartum period, conducting | 8 |
| deliveries independently, and caring for the newborn, with such | 9 |
| care including without limitation preventative measures, the | 10 |
| detection of abnormal conditions in the mother and the child, | 11 |
| the procurement of medical assistance, and the execution of | 12 |
| emergency measures in the absence of medical help. "Practice of | 13 |
| midwifery" includes non-prescriptive family planning. | 14 |
| "Secretary" means the Secretary of Financial and | 15 |
| Professional Regulation.
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| Section 20. Unlicensed practice. Beginning 3 years after | 17 |
| the effective date of this Act, no person may practice, attempt | 18 |
| to practice, or hold himself or herself out to practice as a | 19 |
| licensed midwife unless he or she is licensed as a midwife | 20 |
| under this Act.
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| Section 25. Title.
A licensed midwife may identify himself | 22 |
| or herself as a Licensed Midwife or a Licensed Homebirth | 23 |
| Midwife and may use the abbreviation L.M. A licensed midwife | 24 |
| who carries the CPM credential may alternately identify himself |
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| or herself as a Licensed Certified Professional Midwife or | 2 |
| Licensed CPM and may use the abbreviation LM, CPM. | 3 |
| Section 30. Informed consent. | 4 |
| (a) A licensed midwife shall, at an initial consultation | 5 |
| with a client, provide a copy of the rules under this Act and | 6 |
| disclose to the client orally and in writing all of the | 7 |
| following: | 8 |
| (1) The licensed midwife's experience and training. | 9 |
| (2) Whether the licensed midwife has malpractice | 10 |
| liability insurance coverage and the policy limits of any | 11 |
| such coverage. | 12 |
| (3) A written protocol for the handling of medical | 13 |
| emergencies, including transportation to a hospital, | 14 |
| particular to each client. | 15 |
| (4) A notice that the client must obtain a physical | 16 |
| examination from a physician licensed to practice medicine | 17 |
| in all its branches, doctor of osteopathy, physician | 18 |
| assistant, or advanced practice nurse. | 19 |
| (b) A copy of the informed consent document, signed and | 20 |
| dated by the client, must be kept in each client's chart.
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| Section 33. Vicarious liability. No physician licensed to | 22 |
| practice medicine in all its branches or advanced practice | 23 |
| nurse shall be held liable for an injury solely resulting from | 24 |
| an act or omission by a licensed midwife occurring outside of a |
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| hospital, doctor's office or health care facility.
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| Except as may otherwise be provided by law, nothing in this | 3 |
| Section shall exempt any physician licensed to practice | 4 |
| medicine in all its branches or advanced practice nurse from | 5 |
| liability for his or her own negligent, grossly negligent, or | 6 |
| willful or wanton acts or omissions. | 7 |
| Section 35. Advertising. | 8 |
| (a) Any person licensed under this Act may advertise the | 9 |
| availability of professional midwifery services in the public | 10 |
| media or on premises where professional services are rendered, | 11 |
| if the advertising is truthful and not misleading and is in | 12 |
| conformity with any rules regarding the practice of a licensed | 13 |
| midwife.
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| (b) A licensee must include in every advertisement for | 15 |
| midwifery services regulated under this Act his or her title as | 16 |
| it appears on the license or the initials authorized under this | 17 |
| Act.
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| Section 40. Powers and duties of the Department; rules. | 19 |
| (a) Administration by the Department of this Act must be | 20 |
| consistent with standards regarding the practice of midwifery | 21 |
| established by the National Association of Certified | 22 |
| Professional Midwives or a successor organization whose | 23 |
| essential documents include without limitation subject matter | 24 |
| concerning scope of practice, standards of practice, informed |
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| consent, appropriate consultation, collaboration or referral, | 2 |
| and acknowledgement of a woman's right to self determination | 3 |
| concerning her maternity care. | 4 |
| (b) Rules prescribed by the Department under this Act must | 5 |
| provide for the scope of practice, including all of the | 6 |
| following:
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| (1) With regard to testing, care, and screening, a | 8 |
| licensed midwife shall: | 9 |
| (A) offer each client routine prenatal care and | 10 |
| testing in accordance with current American College of | 11 |
| Obstetricians and Gynecologists guidelines; | 12 |
| (B) provide all clients with a plan for 24-hour | 13 |
| on-call availability by a licensed midwife, certified | 14 |
| nurse-midwife, or licensed physician throughout | 15 |
| pregnancy, intrapartum, and 6 weeks postpartum; | 16 |
| (C) provide clients with labor support, fetal | 17 |
| monitoring, and routine assessment of vital signs once | 18 |
| active labor is established; | 19 |
| (D) supervise delivery of infant and placenta, | 20 |
| assess newborn and maternal well-being in immediate | 21 |
| postpartum, and perform Apgar scores; | 22 |
| (E) perform routine cord management and inspect | 23 |
| for the appropriate number of vessels; | 24 |
| (F) inspect the placenta and membranes for | 25 |
| completeness; | 26 |
| (G) inspect the perineum and vagina postpartum for |
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| lacerations and stabilize;
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| (H) observe mother and newborn postpartum until | 3 |
| stable condition is achieved, but in no event for less | 4 |
| than 2 hours; | 5 |
| (I) instruct the mother, father, and other support | 6 |
| persons, both verbally and in writing, of the special | 7 |
| care and precautions for both mother and newborn in the | 8 |
| immediate postpartum period; | 9 |
| (J) reevaluate maternal and newborn well-being | 10 |
| within 36 hours after delivery.
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| (K) use universal precautions with all biohazard | 12 |
| materials; | 13 |
| (L) ensure that a birth certificate is accurately | 14 |
| completed and filed in accordance with State law; | 15 |
| (M) offer to obtain and submit a blood sample, in | 16 |
| accordance with the recommendations for metabolic | 17 |
| screening of the newborn; | 18 |
| (N) offer an injection of vitamin K for the | 19 |
| newborn, in accordance with the indication, dose, and | 20 |
| administration route set forth in this Section. | 21 |
| (O) within one week after delivery, offer a newborn | 22 |
| hearing screening to every newborn or refer the parents | 23 |
| to a facility with a newborn hearing screening program; | 24 |
| (P) within 2 hours after the birth, offer the | 25 |
| administration of anti-biotic ointment into the eyes | 26 |
| of the newborn, in accordance with State law on the |
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| prevention of infant blindness; and | 2 |
| (Q) maintain adequate antenatal and perinatal | 3 |
| records of each client and provide records to | 4 |
| consulting licensed physicians and licensed certified | 5 |
| nurse-midwives, in accordance with the federal Health | 6 |
| Insurance Portability and Accountability Act. | 7 |
| (2) With regard to prescription drugs, devices, and | 8 |
| procedures, licensed midwives may administer the following | 9 |
| medications during the practice of midwifery: | 10 |
| (A) oxygen for the treatment of fetal distress; | 11 |
| (B) the following eye prophylactics: 0.5% | 12 |
| Erythromycin ophthalmic ointment or 1% Tetracycline | 13 |
| ophthalmic ointment for the prevention of neonatal | 14 |
| ophthalmia; | 15 |
| (C) Oxytocin or Pitocin as a postpartum | 16 |
| antihemorrhagic agent or as a prophylaxis for | 17 |
| hemorrhage; | 18 |
| (D) Methylergonovine or Methergine for the | 19 |
| treatment of postpartum hemorrhage; | 20 |
| (E) Misoprostol (Cytotec), 100-200 mcg for the | 21 |
| treatment of postpartum hemorrhage; | 22 |
| (F) Vitamin K for the prophylaxis of hemorrhagic | 23 |
| disease of the newborn; | 24 |
| (G) Rho(D) immune globulin (Rhogam) for the | 25 |
| prevention of Rho(D) sensitization in Rho(D) negative | 26 |
| women; |
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| (H) Lactated Ringers IV solution may be used for | 2 |
| maternal stabilization; | 3 |
| (I) Lidocaine injection as a numbing agent for | 4 |
| repair of postpartum tears; and | 5 |
| (J) sterile water subcutaneous injections as a | 6 |
| non-pharmacological form of pain relief during the | 7 |
| first and second stages of labor. | 8 |
| The medication indications, dose, route of | 9 |
| administration, and duration of treatment relating to the | 10 |
| administration of drugs and procedures identified under | 11 |
| this item (2) are as follows: | 12 |
| Medication: Oxygen | 13 |
| Indication: Fetal distress | 14 |
| Maternal dose: 6-8 L/minute | 15 |
| Route of Administration: Mask | 16 |
| Duration of Treatment: Until delivery or transfer to a | 17 |
| hospital is complete | 18 |
| Infant dose: 4-6 L/minute | 19 |
| Route of Administration: Bag and mask | 20 |
| Infant dose: 4-6 L/minute | 21 |
| Route of Administration: Mask | 22 |
| Duration of Treatment: 20 minutes or until transfer to a | 23 |
| hospital is complete | 24 |
| Medication: 0.5% Erythromycin ophthalmic ointment or 1% |
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| Tetracycline ophthalmic ointment | 2 |
| Indication: Prophylaxis of Neonatal Ophthalmia | 3 |
| Dose: 1 cm ribbon in each eye from unit dose package | 4 |
| Route of Administration: Topical | 5 |
| Duration of Treatment: 1 dose | 6 |
| Medication: Oxytocin (Pitocin), 10 units/ml | 7 |
| Indication: Postpartum hemorrhage only: prevention or | 8 |
| treatment of postpartum hemorrhage only | 9 |
| Dose: 1-2 ml, 10-20 units | 10 |
| Route of Administration: Intramuscularly only | 11 |
| Duration of Treatment: 1-2 doses | 12 |
| Medication: Methylergonovine (Methergine), 0.2 mg/ml or | 13 |
| 0.2 mg tabs | 14 |
| Indication: Postpartum hemorrhage only | 15 |
| Dose: 0.2 mg | 16 |
| Route of administration: Intramuscularly or orally single | 17 |
| dose | 18 |
| Duration of treatment: Every 4 hours, may repeat. Maximum 5 | 19 |
| doses | 20 |
| Contraindicated in hypertension and Raynaud's Disease | 21 |
| Medication: Misoprostol (Cytotec), 100-200 mcg
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| Indication: Treatment of postpartum hemorrhage only | 23 |
| Dose: 100-200 mcg tablet
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| Route of administration: orally or rectally | 2 |
| Duration of treatment: 400-1,000 mcg, in one dose | 3 |
| Caution with Inflammatory Bowel Disease | 4 |
| Medication: Vitamin K, 1.0 mg/0.5 ml | 5 |
| Indication: Prophylaxis of hemorrhagic disease of the | 6 |
| newborn | 7 |
| Dose: 1.0 mg injection | 8 |
| Route of administration: Intramuscularly | 9 |
| Duration of treatment: Single dose | 10 |
| Medication: Rho(D) Immune Globulin (Rhogam) | 11 |
| Indication: Prevention of Rho(D) sensitization in Rho(D) | 12 |
| negative women | 13 |
| Dose: Unit dose | 14 |
| Route of administration: Intramuscularly only | 15 |
| Duration of treatment: (i) Single dose at any gestation for | 16 |
| Rho(D) negative, antibody negative women within 72 hours | 17 |
| after spontaneous bleeding, (ii) single dose at 26-28 weeks | 18 |
| gestation for Rho(D) negative, antibody negative women, | 19 |
| and (iii) single dose for Rho(D) negative, antibody | 20 |
| negative women within 72 hours after delivery of Rho(D) | 21 |
| positive infant or infant with an unknown blood type | 22 |
| Medication: Lactated Ringer's solution (LR), unless | 23 |
| unavailable or impractical in which case 0.9% sodium |
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| chloride may be administered | 2 |
| Indication: To achieve maternal stabilization during | 3 |
| uncontrolled postpartum hemorrhage or any time blood loss | 4 |
| is accompanied by tachycardia, hypotension, decreased | 5 |
| level of consciousness, pallor, or diaphoresis | 6 |
| Dose: First liter run in at a wide-open rate, the second | 7 |
| liter titrated to client's condition | 8 |
| Route of administration: IV catheter 18 gauge or larger | 9 |
| bore | 10 |
| Duration of treatment: 2L if hemorrhage is severe | 11 |
| Medication: Lidocaine 1% injection | 12 |
| Indication: numbing agent for repair of postpartum tears | 13 |
| Dose: 1-40 ml infiltration as needed | 14 |
| Route of Administration: Topical or injected subcutaneous | 15 |
| Duration of treatment: Maximum 40 ml, one time
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| Medication/Procedure: Sterile water papules | 17 |
| Indication: For labor pain in the first and second stages | 18 |
| of labor | 19 |
| Dose: one injection of 0.25-0.5 ml at each of 4 injection | 20 |
| sights | 21 |
| Route of administration: 4 subcutaneous injections in the | 22 |
| small of the back | 23 |
| Duration of treatment: Every 2 hours until no longer | 24 |
| necessary or delivery. No maximum dosage |
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| (3) With regard to consultation and referral, a | 2 |
| licensed midwife shall consult with a licensed physician or | 3 |
| a licensed certified nurse midwife providing obstetrical | 4 |
| care, whenever there are significant deviations, including | 5 |
| abnormal laboratory results, relative to a client's | 6 |
| pregnancy or to a neonate. If a referral to a physician or | 7 |
| certified nurse midwife is needed, the licensed midwife | 8 |
| shall refer the client to a physician or certified nurse | 9 |
| midwife and, if possible, remain in consultation with the | 10 |
| physician or certified nurse midwife until resolution of | 11 |
| the concern; however, consultation does not preclude the | 12 |
| possibility of an out-of-hospital birth. It is appropriate | 13 |
| for the licensed midwife to maintain care of the client to | 14 |
| the greatest degree possible, in accordance with the | 15 |
| client's wishes, during the pregnancy and, if possible, | 16 |
| during labor, birth and the postpartum period. | 17 |
| A licensed midwife shall consult with a physician | 18 |
| licensed to practice medicine in all of its branches, a | 19 |
| physician assistant licensed under the Physician Assistant | 20 |
| Act of 1987, or an advanced practice nurse licensed under | 21 |
| the Nurse Practice Act with regard to any mother who, | 22 |
| during antepartum, presents with or develops any of the | 23 |
| following risk factors or presents with or develops other | 24 |
| risk factors that, in the judgment of the licensed midwife, | 25 |
| warrant consultation: |
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| (A) Pregnancy induced hypertension, as evidenced | 2 |
| by a blood pressure of 140/90 on 2 occasions greater | 3 |
| than 6 hours apart. | 4 |
| (B) Persistent, severe headaches, epigastric pain, | 5 |
| or visual disturbances. | 6 |
| (C) Persistent symptoms of urinary tract | 7 |
| infection. | 8 |
| (D) Significant vaginal bleeding before the onset | 9 |
| of labor not associated with uncomplicated spontaneous | 10 |
| abortion. | 11 |
| (E) Rupture of membranes prior to the 37th week | 12 |
| gestation. | 13 |
| (F) Noted abnormal decrease in or cessation of | 14 |
| fetal movement. | 15 |
| (G) Anemia resistant to supplemental therapy. | 16 |
| (H) Fever of 102 degrees F or 39 degrees C or | 17 |
| greater for more than 24 hours. | 18 |
| (I) Non-vertex presentation after 38 weeks | 19 |
| gestation. | 20 |
| (J) Hyperemisis or significant dehydration. | 21 |
| (K) ISO immunization, Rh negative sensitized, | 22 |
| positive titers, or any other positive antibody titer, | 23 |
| which may have a detrimental effect on the mother or | 24 |
| fetus. | 25 |
| (L) Elevated blood glucose levels unresponsive to | 26 |
| dietary management. |
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| (M) Positive HIV antibody test. | 2 |
| (N) Primary genital herpes infection in pregnancy. | 3 |
| (O) Symptoms of malnutrition or anorexia or | 4 |
| protracted weight loss or failure to gain weight. | 5 |
| (P) Suspected deep vein thrombosis. | 6 |
| (Q) Documented placental anomaly or previa. | 7 |
| (R) Documented low lying placenta after 28 weeks | 8 |
| gestation. | 9 |
| (S) Labor prior to the 37th week of gestation. | 10 |
| (T) History of any prior uterine incision. A woman | 11 |
| who has had a previous low transverse cesarean section | 12 |
| (LTCS) with a subsequent vaginal birth may be | 13 |
| considered for home birth. A woman with a prior LTCS | 14 |
| and no subsequent vaginal birth after cesarean or other | 15 |
| uterine surgeries, may be managed antepartally with | 16 |
| consultation, but will be transferred to the | 17 |
| consultant's care for delivery.
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| (U) Lie other than vertex at term. | 19 |
| (V) Multiple gestation. | 20 |
| (W) Known fetal anomalies that may be affected by | 21 |
| the site of birth. | 22 |
| (X) Marked abnormal fetal heart tones. | 23 |
| (Y) Abnormal non-stress test or abnormal | 24 |
| biophysical profile. | 25 |
| (Z) Marked or severe poly or oligo hydramnios. | 26 |
| (AA) Evidence of intrauterine growth |
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| restriction. | 2 |
| (BB) Significant abnormal ultrasound findings. | 3 |
| (CC) Gestation beyond 42 weeks by reliable | 4 |
| confirmed dates. | 5 |
| A licensed midwife shall consult with a licensed physician | 6 |
| or certified nurse-midwife with regard to any mother who, | 7 |
| during intrapartum, presents with or develops any of the | 8 |
| following risk factors or presents with or develops other | 9 |
| risk factors that, in the judgment of the licensed midwife, | 10 |
| warrant consultation: | 11 |
| (A) Rise in blood pressure above baseline, more | 12 |
| than 30/15 points or greater than 140/90. | 13 |
| (B) Persistent, severe headaches, epigastric pain, | 14 |
| or visual disturbances. | 15 |
| (C) Significant proteinuria or ketonuria. | 16 |
| (D) Fever over 100.6 degrees F or 38 degrees C in | 17 |
| absence of environmental factors. | 18 |
| (E) Ruptured membranes without onset of | 19 |
| established labor after 18 hours. | 20 |
| (F) Significant bleeding prior to delivery or any | 21 |
| abnormal bleeding, with or without abdominal pain; or | 22 |
| evidence of placental abruption. | 23 |
| (G) Lie not compatible with spontaneous vaginal | 24 |
| delivery or unstable fetal lie. | 25 |
| (H) Failure to progress after 5 hours of active | 26 |
| labor or following 2 hours of active second stage |
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| labor. | 2 |
| (I) Signs or symptoms of maternal infection. | 3 |
| (J) Active genital herpes at onset of labor. | 4 |
| (K) Fetal heart tones with non-reassuring | 5 |
| patterns. | 6 |
| (L) Signs or symptoms of fetal distress. | 7 |
| (M) Thick meconium or frank bleeding with birth not | 8 |
| imminent. | 9 |
| (N) Client or licensed midwife desires physician | 10 |
| consultation or transfer. | 11 |
| A licensed midwife shall consult with a licensed | 12 |
| physician or certified nurse-midwife with regard to any | 13 |
| mother who, during postpartum, presents with or develops | 14 |
| any of the following risk factors or presents with or | 15 |
| develops other risk factors that, in the judgment of the | 16 |
| licensed midwife, warrant consultation: | 17 |
| (A) Failure to void within 6 hours of birth. | 18 |
| (B) Signs or symptoms of maternal shock. | 19 |
| (C) Febrile: 102 degrees F or 39 degrees C and | 20 |
| unresponsive to therapy for 12 hours. | 21 |
| (D) Abnormal lochia or signs or symptoms of uterine | 22 |
| sepsis. | 23 |
| (E) Suspected deep vein thrombosis. | 24 |
| (F) Signs of clinically significant depression. | 25 |
| A licensed midwife shall consult with a licensed | 26 |
| physician or licensed certified nurse-midwife with regard |
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| to any neonate who is born with or develops any of the | 2 |
| following risk factors: | 3 |
| (A) Apgar score of 6 or less at 5 minutes without | 4 |
| significant improvement by 10 minutes. | 5 |
| (B) Persistent grunting respirations or retractions. | 6 |
| (C) Persistent cardiac irregularities. | 7 |
| (D) Persistent central cyanosis or pallor. | 8 |
| (E) Persistent lethargy or poor muscle tone. | 9 |
| (F) Abnormal cry. | 10 |
| (G) Birth weight less than 2300 grams. | 11 |
| (H) Jitteriness or seizures. | 12 |
| (I) Jaundice occurring before 24 hours or outside of | 13 |
| normal range. | 14 |
| (J) Failure to urinate within 24 hours of birth. | 15 |
| (K) Failure to pass meconium within 48 hours of birth. | 16 |
| (L) Edema. | 17 |
| (M) Prolonged temperature instability. | 18 |
| (N) Significant signs or symptoms of infection. | 19 |
| (O) Significant clinical evidence of glycemic | 20 |
| instability. | 21 |
| (P) Abnormal, bulging, or depressed fontanel. | 22 |
| (Q) Significant clinical evidence of prematurity. | 23 |
| (R) Medically significant congenital anomalies. | 24 |
| (S) Significant or suspected birth injury. | 25 |
| (T) Persistent inability to suck. | 26 |
| (U) Diminished consciousness. |
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| (V) Clinically significant abnormalities in vital | 2 |
| signs, muscle tone or behavior. | 3 |
| (W) Clinically significant color abnormality, | 4 |
| cyanotic, or pale or abnormal perfusion. | 5 |
| (X) Abdominal distention or projectile vomiting. | 6 |
| (Y) Signs of clinically significant dehydration or | 7 |
| failure to thrive. | 8 |
| (4) The licensed midwife shall initiate immediate | 9 |
| transport according to the licensed midwife's emergency | 10 |
| plan, provide emergency stabilization until emergency | 11 |
| medical services arrive or transfer is completed, | 12 |
| accompany the client or follow the client to a hospital in | 13 |
| a timely fashion, provide pertinent information to the | 14 |
| receiving facility and complete an emergency transport | 15 |
| record. Any of the following conditions shall require | 16 |
| immediate notification to the licensed midwife's | 17 |
| collaborating health care professional and emergency | 18 |
| transfer to a hospital: | 19 |
| (A) Seizures or unconsciousness. | 20 |
| (B) Respiratory distress or arrest. | 21 |
| (C) Evidence of shock. | 22 |
| (D) Psychosis. | 23 |
| (E) Symptomatic chest pain or cardiac arrhythmias. | 24 |
| (F) Prolapsed umbilical cord. | 25 |
| (G) Shoulder dystocia not resolved by Advanced | 26 |
| Life Support in Obstetrics (ALSO) protocol. |
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| (H) Symptoms of uterine rupture. | 2 |
| (I) Preeclampsia or eclampsia. | 3 |
| (J) Severe abdominal pain inconsistent with normal | 4 |
| labor. | 5 |
| (K) Chorioamnionitis. | 6 |
| (L) Clinically significant fetal heart rate | 7 |
| patterns or other manifestation of fetal distress. | 8 |
| (M) Presentation not compatible with spontaneous | 9 |
| vaginal delivery. | 10 |
| (N) Laceration greater than second degree perineal | 11 |
| or any cervical. | 12 |
| (O) Hemorrhage non-responsive to therapy. | 13 |
| (P) Uterine prolapse or inversion. | 14 |
| (Q) Persistent uterine atony. | 15 |
| (R) Anaphylaxis. | 16 |
| (S) Failure to deliver placenta after one hour if | 17 |
| there is no bleeding and fundus is firm. | 18 |
| (T) Sustained instability or persistent abnormal | 19 |
| vital signs. | 20 |
| (U) Other conditions or symptoms that could | 21 |
| threaten the life of the mother, fetus or neonate. | 22 |
| A licensed midwife may deliver a client with any of the | 23 |
| complications or conditions set forth in this item (4), if | 24 |
| no physician or other equivalent medical services are | 25 |
| available and the situation presents immediate harm to the | 26 |
| health and safety of the client, if the complication or |
|
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| condition entails extraordinary and unnecessary human | 2 |
| suffering, or if delivery occurs during transport. | 3 |
| (5) With regard to collaboration, a licensed midwife | 4 |
| must form a formal collaborative relationship with a | 5 |
| medical doctor or doctor of osteopathy licensed under the | 6 |
| Illinois Medical Practice Act or a certified nurse midwife | 7 |
| licensed as an advanced practice nurse under the Illinois | 8 |
| Nurse Practice Act. This relationship must (i) include | 9 |
| documented quarterly review of all clients under the care | 10 |
| of the licensed midwife, (ii) include written protocols and | 11 |
| procedures for assessing risk and appropriateness for home | 12 |
| birth, (iii) provide supportive care when care is | 13 |
| transferred to another provider, if possible, and (iv) | 14 |
| consider the standards regarding practice of midwifery | 15 |
| established by the National Association of Certified | 16 |
| Professional Midwives, including referral of mother or | 17 |
| baby to appropriate professionals when either needs care | 18 |
| outside the midwife's scope of practice or expertise. | 19 |
| This relationship must not be construed to necessarily | 20 |
| require the personal presence of the collaborating care | 21 |
| provider at all times at the place where services are | 22 |
| rendered, as long as there is communication available for | 23 |
| consultation by radio, telephone, Internet, or | 24 |
| telecommunications. | 25 |
| (6) With regard to prohibited practices, a licensed | 26 |
| midwife may not do any of the following:
|
|
|
|
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| (A) Administer prescription pharmacological agents | 2 |
| intended to induce or augment labor. | 3 |
| (B) Administer prescription pharmacological agents | 4 |
| to provide pain management. | 5 |
| (C) Use vacuum extractors or forceps. | 6 |
| (D) Prescribe medications. | 7 |
| (E) Provide care to a woman who has had a cesarean | 8 |
| section or other uterine surgery, unless that woman has | 9 |
| had a successful subsequent vaginal birth after | 10 |
| cesarean section. | 11 |
| (F) Perform major surgical procedures including, | 12 |
| but not limited to, abortions, cesarean sections, and | 13 |
| circumcisions. | 14 |
| (G) Knowingly accept responsibility for prenatal | 15 |
| or intrapartum care of a client with any of the | 16 |
| following risk factors: | 17 |
| (i) Chronic significant maternal cardiac, | 18 |
| pulmonary, renal or hepatic disease. | 19 |
| (ii) Malignant disease in an active phase. | 20 |
| (iii) Significant hematological disorders or | 21 |
| coagulopathies, or pulmonary embolism. | 22 |
| (iv) Insulin requiring diabetes mellitus. | 23 |
| (v) Known maternal congenital abnormalities | 24 |
| affecting childbirth. | 25 |
| (vi) Confirmed isoimmunization, Rh disease | 26 |
| with positive titer. |
|
|
|
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| (vii) Active tuberculosis. | 2 |
| (viii) Active syphilis or gonorrhea. | 3 |
| (ix) Active genital herpes infection 2 weeks | 4 |
| prior to labor or in labor. | 5 |
| (x) Pelvic or uterine abnormalities affecting | 6 |
| normal vaginal births, including tumors and | 7 |
| malformations. | 8 |
| (xi) Alcoholism or abuse. | 9 |
| (xii) Drug addiction or abuse. | 10 |
| (xiii) Confirmed AIDS status. | 11 |
| (xiv) Uncontrolled current serious psychiatric | 12 |
| illness. | 13 |
| (xv) Social or familial conditions | 14 |
| unsatisfactory for out-of-hospital maternity care | 15 |
| services. | 16 |
| (xvi) Fetus with suspected or diagnosed | 17 |
| congenital abnormalities that may require | 18 |
| immediate medical intervention. | 19 |
| (c) The Department must, on a quarterly basis, issue a | 20 |
| status report to the Board of all complaints submitted to | 21 |
| the Department related to the midwifery profession. | 22 |
| Section 45. Illinois Midwifery Board.
| 23 |
| (a) There is created under the authority of the Department | 24 |
| the Illinois Midwifery Board, which shall consist of 7 members | 25 |
| appointed by the Secretary, 4 of whom shall be licensed |
|
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| midwives who carry the CPM credential, except that initial | 2 |
| appointees must have at least 3 years of experience in the | 3 |
| practice of midwifery in an out-of-hospital setting, be | 4 |
| certified by the North American Registry of Midwives, and meet | 5 |
| the qualifications for licensure set forth in this Act; one of | 6 |
| whom shall be an obstetrician licensed under the Medical | 7 |
| Practice Act of 1987 who has a minimum of 2 years of experience | 8 |
| working or consulting with home birth providers or, | 9 |
| alternately, a family practice physician licensed under the | 10 |
| Medical Practice Act of 1987 who has a minimum of 2 years of | 11 |
| experience providing home birth services; one of whom shall be | 12 |
| a certified nurse midwife who has at least 2 years of | 13 |
| experience in providing home birth services; and one of whom | 14 |
| shall be a knowledgeable public member who has given birth with | 15 |
| the assistance of a certified professional midwife in an | 16 |
| out-of-hospital birth setting. Board members shall serve | 17 |
| 4-year terms, except that in the case of initial appointments, | 18 |
| terms shall be staggered as follows: 3 members shall serve for | 19 |
| 4 years, 2 members shall serve for 3 years, and 2 members shall | 20 |
| serve for 2 years. The Board shall annually elect a chairperson | 21 |
| and vice chairperson. | 22 |
| (b) Any appointment made to fill a vacancy shall be for the | 23 |
| unexpired portion of the term. Appointments to fill vacancies | 24 |
| shall be made in the same manner as original appointments. No | 25 |
| Board member may be reappointed for a term that would cause his | 26 |
| or her continuous service on the Board to exceed 9 years. |
|
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| (c) Board membership must have reasonable representation | 2 |
| from different geographic areas of this State. | 3 |
| (d) The members of the Board shall be reimbursed for all | 4 |
| legitimate, necessary, and authorized expenses incurred in | 5 |
| attending the meetings of the Board.
| 6 |
| (e) The Secretary may remove any member for cause at any | 7 |
| time prior to the expiration of his or her term.
| 8 |
| (f) A majority of the Board members currently appointed | 9 |
| shall constitute a quorum. A vacancy in the membership of the | 10 |
| Board shall not impair the right of a quorum to perform all of | 11 |
| the duties of the Board.
| 12 |
| (g) The Board shall provide the Department with | 13 |
| recommendations concerning the administration of this Act and | 14 |
| 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) Conduct hearings and disciplinary conferences on | 21 |
| disciplinary charges of licensees. | 22 |
| (3) Report to the Department, upon completion of a | 23 |
| hearing, the disciplinary actions recommended to be taken | 24 |
| against a person found in violation of this Act.
| 25 |
| (4) Recommend the approval, denial of approval, and | 26 |
| withdrawal of approval of required education and |
|
|
|
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| 1 |
| continuing educational programs.
| 2 |
| (h) The Secretary shall give due consideration to all | 3 |
| recommendations of the Board. If the Secretary takes action | 4 |
| contrary to a recommendation of the Board, the Secretary must | 5 |
| promptly provide a written explanation of that action. | 6 |
| (i) The Board may recommend to the Secretary that one or | 7 |
| more licensed midwives be selected by the Secretary to assist | 8 |
| in any investigation under this Act. Compensation shall be | 9 |
| provided to any licensee who provides assistance under this | 10 |
| subsection (i), in an amount determined by the Secretary.
| 11 |
| (j) Members of the Board shall be immune from suit in an | 12 |
| action based upon a disciplinary proceeding or other activity | 13 |
| performed in good faith as a member of the Board, except for | 14 |
| willful or wanton misconduct.
| 15 |
| Section 50. Qualifications. | 16 |
| (a) A person is qualified for licensure as a midwife if | 17 |
| that person meets each of the following qualifications: | 18 |
| (1) He or she has earned an associate's degree or | 19 |
| higher, or the equivalent of an associate's degree or | 20 |
| higher, in either nursing or midwifery from an accredited | 21 |
| post-secondary institution or has earned a general | 22 |
| associates degree or its equivalent, including completion | 23 |
| of all of the following coursework from an accredited | 24 |
| post-secondary institution in the following denominations: | 25 |
| (A) Laboratory Science (must include coursework in |
|
|
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| Anatomy and Physiology and Microbiology): 12 credit hours. | 2 |
| (B) English or Communications: 6 credit hours. | 3 |
| (C) Social and Behavioral Science (Sociology and | 4 |
| Psychology): 6 credit hours. | 5 |
| (D) Math: 3 credit hours. | 6 |
| (E) Nutrition: 3 credit hours. | 7 |
| (F) Pharmacology: 3 credit hours.
| 8 |
| (2) He or she has successfully completed a program of | 9 |
| midwifery education approved by the North American | 10 |
| Registry of Midwives that includes both didactic and | 11 |
| clinical internship experience, the sum of which, on | 12 |
| average, takes 3 to 5 years to complete. | 13 |
| (3) He or she has passed a written and practical skills | 14 |
| examination for the practice of midwifery that has been | 15 |
| developed following the standards set by the National | 16 |
| Commission for Certifying Agencies or a successor | 17 |
| organization and is administered by the North American | 18 |
| Registry of Midwives. | 19 |
| (4) He or she holds a valid CPM credential granted by | 20 |
| the North American Registry of Midwives.
| 21 |
| (b) Before August 31, 2010, a person seeking licensure as a | 22 |
| licensed midwife who has not met the educational requirements | 23 |
| set forth in this Section shall be qualified for licensure if | 24 |
| that person does all of the following: | 25 |
| (1) Submits evidence of having successfully passed the | 26 |
| national certification exam described in subsection (a) of |
|
|
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| 1 |
| this Section prior to January 1, 2004. | 2 |
| (2) Submits evidence of current certification in adult | 3 |
| CPR and infant CPR or neonatal resuscitation. | 4 |
| (3) Has continually maintained active, up-to-date | 5 |
| recertification status as a certified professional midwife | 6 |
| with the North American Registry of Midwives. | 7 |
| (4) Submits evidence of practice for at least 5 years | 8 |
| as a midwife delivering in an out-of-hospital setting. | 9 |
| (c) Nothing used in submitting evidence of practice of | 10 |
| midwifery when applying for licensure under this Act shall be | 11 |
| used as evidence or to take legal action against the applicant | 12 |
| regarding the practice of midwifery, nursing, or medicine prior | 13 |
| to the passage of this Act. | 14 |
| Section 55. Social Security Number on application. In | 15 |
| addition to any other information required to be contained in | 16 |
| the application, every application for an original, renewal, | 17 |
| reinstated, or restored license under this Act shall include | 18 |
| the applicant's Social Security Number. | 19 |
| Section 60. Continuing education. | 20 |
| (a) The Department shall require all licensed midwives to | 21 |
| submit proof of the completion of at least 25 hours of | 22 |
| continuing education in classes approved by the North American | 23 |
| Registry of Midwives and 5 hours of peer review per 3-year | 24 |
| license renewal cycle.
|
|
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| 1 |
| (b) Rules adopted under this Act shall require the licensed | 2 |
| midwife to maintain CPM certification by meeting all the | 3 |
| requirements set forth by the North American Registry of | 4 |
| Midwives or to maintain CNM or CM certification by meeting all | 5 |
| the requirements set forth by the American Midwifery | 6 |
| Certification Board.
| 7 |
| (c) Each licensee is responsible for maintaining records of | 8 |
| completion of continuing education and shall be prepared to | 9 |
| produce the records when requested by the Department.
| 10 |
| Section 65. Inactive status. | 11 |
| (a) A licensed midwife who notifies the Department in | 12 |
| writing on forms prescribed by the Department may elect to | 13 |
| place his or her license on an inactive status and shall be | 14 |
| excused from payment of renewal fees until he or she notifies | 15 |
| the Department in writing of his or her intent to restore the | 16 |
| license.
| 17 |
| (b) A licensed midwife whose license is on inactive status | 18 |
| may not practice licensed midwifery in the State of Illinois.
| 19 |
| (c) A licensed midwife requesting restoration from | 20 |
| inactive status shall be required to pay the current renewal | 21 |
| fee and to restore his or her license, as provided by the | 22 |
| Department.
| 23 |
| (d) Any licensee who engages in the practice of midwifery | 24 |
| while his or her license is lapsed or on inactive status shall | 25 |
| be considered to be practicing without a license, which shall |
|
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| 1 |
| be grounds for discipline.
| 2 |
| Section 70. Renewal, reinstatement, or restoration of | 3 |
| licensure; military service. | 4 |
| (a) The expiration date and renewal period for each license | 5 |
| issued under this Act shall be set by the Department.
| 6 |
| (b) All renewal applicants shall provide proof of having | 7 |
| met the requirements of continuing education set forth by the | 8 |
| North American Registry of Midwives. The Department shall | 9 |
| provide for an orderly process for the reinstatement of | 10 |
| licenses that have not been renewed due to failure to meet | 11 |
| continuing education requirements.
| 12 |
| (c) Any licensed midwife who has permitted his or her | 13 |
| license to expire or who has had his or her license on inactive | 14 |
| status may have his or her license restored by making | 15 |
| application to the Department and filing proof acceptable to | 16 |
| the Department of fitness to have the license restored and by | 17 |
| paying the required fees. Proof of fitness may include evidence | 18 |
| attesting to active lawful practice in another jurisdiction.
| 19 |
| (d) The Department shall determine, by an evaluation | 20 |
| program, fitness for restoration of a license under this | 21 |
| Section and shall establish procedures and requirements for | 22 |
| restoration.
| 23 |
| (e) Any licensed midwife whose license expired while he or | 24 |
| she was (i) in federal service on active duty with the Armed | 25 |
| Forces of the United States or the State Militia and called |
|
|
|
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| 1 |
| into service or training or (ii) in training or education under | 2 |
| the supervision of the United States preliminary to induction | 3 |
| into the military service may have his or her license restored | 4 |
| without paying any lapsed renewal fees, if, within 2 years | 5 |
| after honorable termination of service, training, or | 6 |
| education, he or she furnishes the Department with satisfactory | 7 |
| evidence to the effect that he or she has been so engaged.
| 8 |
| Section 75. Roster. The Department shall maintain a roster | 9 |
| of the names and addresses of all licensees and of all persons | 10 |
| whose licenses have been suspended or revoked. This roster | 11 |
| shall be available upon written request and payment of the | 12 |
| required fee. | 13 |
| Section 80. Fees. | 14 |
| (a) The Department shall provide for a schedule of fees for | 15 |
| the administration and enforcement of this Act, including | 16 |
| without limitation original licensure, renewal, and | 17 |
| restoration, which fees shall be nonrefundable.
| 18 |
| (b) All fees collected under this Act shall be deposited | 19 |
| into the General Professions Dedicated Fund and appropriated to | 20 |
| the Department for the ordinary and contingent expenses of the | 21 |
| Department in the administration of this Act.
| 22 |
| Section 85. Returned checks; fines. Any person who delivers | 23 |
| a check or other payment to the Department that is returned to |
|
|
|
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| 1 |
| the Department unpaid by the financial institution upon which | 2 |
| it is drawn shall pay to the Department, in addition to the | 3 |
| amount already owed to the Department, a fine of $50. The fines | 4 |
| imposed by this Section are in addition to any other discipline | 5 |
| provided under this Act for unlicensed practice or practice on | 6 |
| a non-renewed license. The Department shall notify the person | 7 |
| that fees and fines shall be paid to the Department by | 8 |
| certified check or money order within 30 calendar days after | 9 |
| the notification. If, after the expiration of 30 days from the | 10 |
| date of the notification, the person has failed to submit the | 11 |
| necessary remittance, the Department shall automatically | 12 |
| terminate the license or deny the application, without hearing. | 13 |
| If, after termination or denial, the person seeks a license, he | 14 |
| or she shall apply to the Department for restoration or | 15 |
| issuance of the license and pay all fees and fines due to the | 16 |
| Department. The Department may establish a fee for the | 17 |
| processing of an application for restoration of a license to | 18 |
| defray all expenses of processing the application. The | 19 |
| Secretary may waive the fines due under this Section in | 20 |
| individual cases where the Secretary finds that the fines would | 21 |
| be unreasonable or unnecessarily burdensome. | 22 |
| Section 90. Unlicensed practice; civil penalty. Any person | 23 |
| who practices, offers to practice, attempts to practice, or | 24 |
| holds himself or herself out to practice midwifery or as a | 25 |
| midwife without being licensed under this Act shall, in |
|
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|
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| addition to any other penalty provided by law, pay a civil | 2 |
| penalty to the Department in an amount not to exceed $5,000 for | 3 |
| each offense, as determined by the Department. The civil | 4 |
| penalty shall be assessed by the Department after a hearing is | 5 |
| held in accordance with the provisions set forth in this Act | 6 |
| regarding the provision of a hearing for the discipline of a | 7 |
| licensee.
The civil penalty shall be paid within 60 days after | 8 |
| the effective date of the order imposing the civil penalty. The | 9 |
| order shall constitute a judgment and may be filed and | 10 |
| execution had thereon in the same manner as any judgment from | 11 |
| any court of record.
The Department may investigate any | 12 |
| unlicensed activity. | 13 |
| Section 95. Grounds for disciplinary action. The | 14 |
| Department may refuse to issue or to renew or may revoke, | 15 |
| suspend, place on probation, reprimand or take other | 16 |
| disciplinary action as the Department may deem proper, | 17 |
| including fines not to exceed $5,000 for each violation, with | 18 |
| regard to any licensee or license for any one or combination of | 19 |
| the following causes: | 20 |
| (1) Violations of this Act or its rules.
| 21 |
| (2) Material misstatement in furnishing information to | 22 |
| the Department.
| 23 |
| (3) Conviction of any crime under the laws of any U.S. | 24 |
| jurisdiction that is (i) a felony, (ii) a misdemeanor, an | 25 |
| essential element of which is dishonesty, or (iii) directly |
|
|
|
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| 1 |
| related to the practice of the profession.
| 2 |
| (4) Making any misrepresentation for the purpose of | 3 |
| obtaining a license.
| 4 |
| (5) Professional incompetence or gross negligence.
| 5 |
| (6) Gross malpractice.
| 6 |
| (7) Aiding or assisting another person in violating any | 7 |
| provision of this Act or its rules.
| 8 |
| (8) Failing to provide information within 60 days in | 9 |
| response to a written request made by the Department.
| 10 |
| (9) Engaging in dishonorable, unethical, or | 11 |
| unprofessional conduct of a character likely to deceive, | 12 |
| defraud, or harm the public.
| 13 |
| (10) Habitual or excessive use or addiction to alcohol, | 14 |
| narcotics, stimulants, or any other chemical agent or drug | 15 |
| that results in the inability to practice with reasonable | 16 |
| judgment, skill, or safety.
| 17 |
| (11) Discipline by another U.S. jurisdiction or | 18 |
| foreign nation if at least one of the grounds for the | 19 |
| discipline is the same or substantially equivalent to those | 20 |
| set forth in this Act.
| 21 |
| (12) Directly or indirectly giving to or receiving from | 22 |
| any person, firm, corporation, partnership, or association | 23 |
| any fee, commission, rebate, or other form of compensation | 24 |
| for any professional services not actually or personally | 25 |
| rendered. This shall not be deemed to include rent or other | 26 |
| remunerations paid to an individual, partnership, or |
|
|
|
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| corporation by a licensed midwife for the lease, rental, or | 2 |
| use of space, owned or controlled by the individual, | 3 |
| partnership, corporation, or association.
| 4 |
| (13) A finding by the Department that the licensee, | 5 |
| after having his or her license placed on probationary | 6 |
| status, has violated the terms of probation.
| 7 |
| (14) Abandonment of a patient without cause.
| 8 |
| (15) Willfully making or filing false records or | 9 |
| reports relating to a licensee's practice, including, but | 10 |
| not limited to, false records filed with State agencies or | 11 |
| departments.
| 12 |
| (16) Physical illness or mental illness, including, | 13 |
| but not limited to, deterioration through the aging process | 14 |
| or loss of motor skill that results in the inability to | 15 |
| practice the profession with reasonable judgment, skill, | 16 |
| or safety.
| 17 |
| (17) Failure to provide a patient with a copy of his or | 18 |
| her record upon the written request of the patient.
| 19 |
| (18) Conviction by any court of competent | 20 |
| jurisdiction, either within or without this State, of any | 21 |
| violation of any law governing the practice of licensed | 22 |
| midwifery or conviction in this or another state of any | 23 |
| crime that is a felony under the laws of this State or | 24 |
| conviction of a felony in a federal court, if the | 25 |
| Department determines, after investigation, that the | 26 |
| person has not been sufficiently rehabilitated to warrant |
|
|
|
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| 1 |
| the public trust.
| 2 |
| (19) A finding that licensure has been applied for or | 3 |
| obtained by fraudulent means.
| 4 |
| (20) Being named as a perpetrator in an indicated | 5 |
| report by the Department of Healthcare and Family Services | 6 |
| under the Abused and Neglected Child Reporting Act and upon | 7 |
| proof by clear and convincing evidence that the licensee | 8 |
| has caused a child to be an abused child or a neglected | 9 |
| child, as defined in the Abused and Neglected Child | 10 |
| Reporting Act.
| 11 |
| (21) Practicing or attempting to practice under a name | 12 |
| other than the full name shown on a license issued under | 13 |
| this Act.
| 14 |
| (22) Immoral conduct in the commission of any act, such | 15 |
| as sexual abuse, sexual misconduct, or sexual | 16 |
| exploitation, related to the licensee's practice.
| 17 |
| (23) Maintaining a professional relationship with any | 18 |
| person, firm, or corporation when the licensed midwife | 19 |
| knows or should know that a person, firm, or corporation is | 20 |
| violating this Act.
| 21 |
| (24) Failure to provide satisfactory proof of having | 22 |
| participated in approved continuing education programs as | 23 |
| determined by the Board and approved by the Secretary. | 24 |
| Exceptions for extreme hardships are to be defined by the | 25 |
| Department.
| 26 |
| (b) The Department may refuse to issue or may suspend the |
|
|
|
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| 1 |
| license of any person who fails to (i) file a tax return or to | 2 |
| pay the tax, penalty, or interest shown in a filed return or | 3 |
| (ii) pay any final assessment of the tax, penalty, or interest, | 4 |
| as required by any tax Act administered by the Illinois | 5 |
| Department of Revenue, until the time that the requirements of | 6 |
| that tax Act are satisfied.
| 7 |
| (c) The determination by a circuit court that a licensee is | 8 |
| subject to involuntary admission or judicial admission as | 9 |
| provided in the Mental Health and Developmental Disabilities | 10 |
| Code operates as an automatic suspension. The suspension shall | 11 |
| end only upon a finding by a court that the patient is no | 12 |
| longer subject to involuntary admission or judicial admission, | 13 |
| the issuance of an order so finding and discharging the | 14 |
| patient, and the recommendation of the Board to the Secretary | 15 |
| that the licensee be allowed to resume his or her practice.
| 16 |
| (d) In enforcing this Section, the Department, upon a | 17 |
| showing of a possible violation, may compel any person licensed | 18 |
| to practice under this Act or who has applied for licensure or | 19 |
| certification pursuant to this Act to submit to a mental or | 20 |
| physical examination, or both, as required by and at the | 21 |
| expense of the Department. The examining physicians shall be | 22 |
| those specifically designated by the Department. The | 23 |
| Department may order an examining physician to present | 24 |
| testimony concerning the mental or physical examination of the | 25 |
| licensee or applicant. No information shall be excluded by | 26 |
| reason of any common law or statutory privilege relating to |
|
|
|
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| 1 |
| communications between the licensee or applicant and the | 2 |
| examining physician. The person to be examined may have, at his | 3 |
| or her own expense, another physician of his or her choice | 4 |
| present during all aspects of the examination. Failure of any | 5 |
| person to submit to a mental or physical examination when | 6 |
| directed shall be grounds for suspension of a license until the | 7 |
| person submits to the examination if the Department finds, | 8 |
| after notice and hearing, that the refusal to submit to the | 9 |
| examination was without reasonable cause.
| 10 |
| If the Department finds an individual unable to practice | 11 |
| because of the reasons set forth in this subsection (d), the | 12 |
| Department may require that individual to submit to care, | 13 |
| counseling, or treatment by physicians approved or designated | 14 |
| by the Department, as a condition, term, or restriction for | 15 |
| continued, reinstated, or renewed licensure to practice or, in | 16 |
| lieu of care, counseling, or treatment, the Department may file | 17 |
| a complaint to immediately suspend, revoke, or otherwise | 18 |
| discipline the license of the individual.
Any person whose | 19 |
| license was granted, reinstated, renewed, disciplined, or | 20 |
| supervised subject to such terms, conditions, or restrictions | 21 |
| and who fails to comply with such terms, conditions, or | 22 |
| restrictions shall be referred to the Secretary for a | 23 |
| determination as to whether or not the person shall have his or | 24 |
| her license suspended immediately, pending a hearing by the | 25 |
| Department.
| 26 |
| In instances in which the Secretary immediately suspends a |
|
|
|
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| 1 |
| person's license under this Section, a hearing on that person's | 2 |
| license must be convened by the Department within 15 days after | 3 |
| the suspension and completed without appreciable delay. The | 4 |
| Department may review the person's record of treatment and | 5 |
| counseling regarding the impairment, to the extent permitted by | 6 |
| applicable federal statutes and regulations safeguarding the | 7 |
| confidentiality of medical records.
| 8 |
| A person licensed under this Act and affected under this | 9 |
| subsection (d) shall be afforded an opportunity to demonstrate | 10 |
| to the Department that he or she can resume practice in | 11 |
| compliance with acceptable and prevailing standards under the | 12 |
| provisions of his or her license.
| 13 |
| Section 100. Failure to pay restitution. The Department, | 14 |
| without further process or hearing, shall suspend the license | 15 |
| or other authorization to practice of any person issued under | 16 |
| this Act who has been certified by court order as not having | 17 |
| paid restitution to a person under Section 8A-3.5 of the | 18 |
| Illinois Public Aid Code or under Section 46-1 of the Criminal | 19 |
| Code of 1961. A person whose license or other authorization to | 20 |
| practice is suspended under this Section is prohibited from | 21 |
| practicing until restitution is made in full. | 22 |
| Section 105. Injunction; cease and desist order. | 23 |
| (a) If a person violates any provision of this Act, the | 24 |
| Secretary may, in the name of the People of the State of |
|
|
|
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| 1 |
| Illinois, through the Attorney General or the State's Attorney | 2 |
| of any county in which the action is brought, petition for an | 3 |
| order enjoining the violation or enforcing compliance with this | 4 |
| Act. Upon the filing of a verified petition in court, the court | 5 |
| may issue a temporary restraining order, without notice or | 6 |
| bond, and may preliminarily and permanently enjoin the | 7 |
| violation. If it is established that the person has violated or | 8 |
| is violating the injunction, the court may punish the offender | 9 |
| for contempt of court. Proceedings under this Section shall be | 10 |
| in addition to, and not in lieu of, all other remedies and | 11 |
| penalties provided by this Act.
| 12 |
| (b) If any person practices as a licensed midwife or holds | 13 |
| himself or herself out as a licensed midwife without being | 14 |
| licensed under the provisions of this Act, then any licensed | 15 |
| midwife, any interested party, or any person injured thereby | 16 |
| may, in addition to the Secretary, petition for relief as | 17 |
| provided in subsection (a) of this Section.
| 18 |
| (c) Whenever, in the opinion of the Department, any person | 19 |
| violates any provision of this Act, the Department may issue a | 20 |
| rule to show cause why an order to cease and desist should not | 21 |
| be entered against that person. The rule shall clearly set | 22 |
| forth the grounds relied upon by the Department and shall | 23 |
| provide a period of 7 days after the date of the rule to file an | 24 |
| answer to the satisfaction of the Department. Failure to answer | 25 |
| to the satisfaction of the Department shall cause an order to | 26 |
| cease and desist to be issued immediately.
|
|
|
|
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|
| 1 |
| Section 110. Violation; criminal penalty. | 2 |
| (a) Whoever knowingly practices or offers to practice | 3 |
| midwifery in this State without being licensed for that purpose | 4 |
| or exempt under this Act shall be guilty of a Class A | 5 |
| misdemeanor and, for each subsequent conviction, shall be | 6 |
| guilty of a Class 4 felony.
| 7 |
| (b) Any person who is found to have violated any other | 8 |
| provision of this Act is guilty of a Class A misdemeanor.
| 9 |
| (c) Notwithstanding any other provision of this Act, all | 10 |
| criminal fines, moneys, or other property collected or received | 11 |
| by the Department under this Section or any other State or | 12 |
| federal statute, including, but not limited to, property | 13 |
| forfeited to the Department under Section 505 of the Illinois | 14 |
| Controlled Substances Act or Section 85 of the Methamphetamine | 15 |
| Control and Community Protection Act, shall be deposited into | 16 |
| the Professional Regulation Evidence Fund.
| 17 |
| Section 115. Investigation; notice; hearing. The | 18 |
| Department may investigate the actions of any applicant or of | 19 |
| any person or persons holding or claiming to hold a license | 20 |
| under this Act. Before refusing to issue or to renew or taking | 21 |
| any disciplinary action regarding a license, the Department | 22 |
| shall, at least 30 days prior to the date set for the hearing, | 23 |
| notify in writing the applicant or licensee of the nature of | 24 |
| any charges and that a hearing shall be held on a date |
|
|
|
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| 1 |
| designated. The Department shall direct the applicant or | 2 |
| licensee to file a written answer with the Board under oath | 3 |
| within 20 days after the service of the notice and inform the | 4 |
| applicant or licensee that failure to file an answer shall | 5 |
| result in default being taken against the applicant or licensee | 6 |
| and that the license may be suspended, revoked, or placed on | 7 |
| probationary status or that other disciplinary action may be | 8 |
| taken, including limiting the scope, nature, or extent of | 9 |
| practice, as the Secretary may deem proper. Written notice may | 10 |
| be served by personal delivery or certified or registered mail | 11 |
| to the respondent at the address of his or her last | 12 |
| notification to the Department. If the person fails to file an | 13 |
| answer after receiving notice, his or her license may, in the | 14 |
| discretion of the Department, be suspended, revoked, or placed | 15 |
| on probationary status, or the Department may take any | 16 |
| disciplinary action deemed proper, including limiting the | 17 |
| scope, nature, or extent of the person's practice or the | 18 |
| imposition of a fine, without a hearing, if the act or acts | 19 |
| charged constitute sufficient grounds for such action under | 20 |
| this Act. At the time and place fixed in the notice, the Board | 21 |
| shall proceed to hear the charges and the parties or their | 22 |
| counsel shall be accorded ample opportunity to present such | 23 |
| statements, testimony, evidence, and argument as may be | 24 |
| pertinent to the charges or to their defense. The Board may | 25 |
| continue a hearing from time to time. |
|
|
|
09600SB3712ham001 |
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| 1 |
| Section 120. Formal hearing; preservation of record. The | 2 |
| Department, at its expense, shall preserve a record of all | 3 |
| proceedings at the formal hearing of any case. The notice of | 4 |
| hearing, complaint, and all other documents in the nature of | 5 |
| pleadings and written motions filed in the proceedings, the | 6 |
| transcript of testimony, the report of the Board or hearing | 7 |
| officer, and order of the Department shall be the record of the | 8 |
| proceeding. The Department shall furnish a transcript of the | 9 |
| record to any person interested in the hearing upon payment of | 10 |
| the fee required under Section 2105-115 of the Department of | 11 |
| Professional Regulation Law. | 12 |
| Section 125. Witnesses; production of documents; contempt. | 13 |
| Any circuit court may upon application of the Department or its | 14 |
| designee or of the applicant or licensee against whom | 15 |
| proceedings under Section 95 of this Act are pending, enter an | 16 |
| order requiring the attendance of witnesses and their testimony | 17 |
| and the production of documents, papers, files, books, and | 18 |
| records in connection with any hearing or investigation. The | 19 |
| court may compel obedience to its order by proceedings for | 20 |
| contempt. | 21 |
| Section 130. Subpoena; oaths. The Department shall have the | 22 |
| power to subpoena and bring before it any person in this State | 23 |
| and to take testimony either orally or by deposition or both | 24 |
| with the same fees and mileage and in the same manner as |
|
|
|
09600SB3712ham001 |
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| 1 |
| prescribed in civil cases in circuit courts of this State.
The | 2 |
| Secretary, the designated hearing officer, and every member of | 3 |
| the Board has the power to administer oaths to witnesses at any | 4 |
| hearing that the Department is authorized to conduct and any | 5 |
| other oaths authorized in any Act administered by the | 6 |
| Department. Any circuit court may, upon application of the | 7 |
| Department or its designee or upon application of the person | 8 |
| against whom proceedings under this Act are pending, enter an | 9 |
| order requiring the attendance of witnesses and their | 10 |
| testimony, and the production of documents, papers, files, | 11 |
| books, and records in connection with any hearing or | 12 |
| investigation. The court may compel obedience to its order by | 13 |
| proceedings for contempt.
| 14 |
| Section 135. Findings of fact, conclusions of law, and | 15 |
| recommendations. At the conclusion of the hearing the Board | 16 |
| shall present to the Secretary a written report of its findings | 17 |
| of fact, conclusions of law, and recommendations. The report | 18 |
| shall contain a finding as to whether or not the accused person | 19 |
| violated this Act or failed to comply with the conditions | 20 |
| required under this Act. The Board shall specify the nature of | 21 |
| the violation or failure to comply and shall make its | 22 |
| recommendations to the Secretary.
| 23 |
| The report of findings of fact, conclusions of law, and | 24 |
| recommendations of the Board shall be the basis for the | 25 |
| Department's order. If the Secretary disagrees in any regard |
|
|
|
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| 1 |
| with the report of the Board, the Secretary may issue an order | 2 |
| in contravention of the report. The finding is not admissible | 3 |
| in evidence against the person in a criminal prosecution | 4 |
| brought for the violation of this Act, but the hearing and | 5 |
| findings are not a bar to a criminal prosecution brought for | 6 |
| the violation of this Act.
| 7 |
| Section 140. Hearing officer. The Secretary may appoint any | 8 |
| attorney duly licensed to practice law in the State of Illinois | 9 |
| to serve as the hearing officer in any action for departmental | 10 |
| refusal to issue, renew, or license an applicant or for | 11 |
| disciplinary action against a licensee. The hearing officer | 12 |
| shall have full authority to conduct the hearing. The hearing | 13 |
| officer shall report his or her findings of fact, conclusions | 14 |
| of law, and recommendations to the Board and the Secretary. The | 15 |
| Board shall have 60 calendar days after receipt of the report | 16 |
| to review the report of the hearing officer and present its | 17 |
| findings of fact, conclusions of law, and recommendations to | 18 |
| the Secretary. If the Board fails to present its report within | 19 |
| the 60-day period, the Secretary may issue an order based on | 20 |
| the report of the hearing officer. If the Secretary disagrees | 21 |
| with the recommendation of the Board or the hearing officer, he | 22 |
| or she may issue an order in contravention of that | 23 |
| recommendation. | 24 |
| Section 145. Service of report; motion for rehearing. In |
|
|
|
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|
| 1 |
| any case involving the discipline of a license, a copy of the | 2 |
| Board's report shall be served upon the respondent by the | 3 |
| Department, either personally or as provided in this Act for | 4 |
| the service of the notice of hearing. Within 20 days after the | 5 |
| service, the respondent may present to the Department a motion | 6 |
| in writing for a rehearing that shall specify the particular | 7 |
| grounds for rehearing. If no motion for rehearing is filed, | 8 |
| then upon the expiration of the time specified for filing a | 9 |
| motion, or if a motion for rehearing is denied, then upon the | 10 |
| denial, the Secretary may enter an order in accordance with | 11 |
| this Act. If the respondent orders from the reporting service | 12 |
| and pays for a transcript of the record within the time for | 13 |
| filing a motion for rehearing, the 20-day period within which | 14 |
| the motion may be filed shall commence upon the delivery of the | 15 |
| transcript to the respondent. | 16 |
| Section 150. Rehearing. Whenever the Secretary is | 17 |
| satisfied that substantial justice has not been done in the | 18 |
| revocation, suspension, or refusal to issue or renew a license, | 19 |
| the Secretary may order a rehearing by the same or another | 20 |
| hearing officer or by the Board. | 21 |
| Section 155. Prima facie proof. An order or a certified | 22 |
| copy thereof, over the seal of the Department and purporting to | 23 |
| be signed by the Secretary, shall be prima facie proof of the | 24 |
| following:
|
|
|
|
09600SB3712ham001 |
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|
| 1 |
| (1) that the signature is the genuine signature of the | 2 |
| Secretary;
| 3 |
| (2) that such Secretary is duly appointed and | 4 |
| qualified; and
| 5 |
| (3) that the Board and its members are qualified to | 6 |
| act.
| 7 |
| Section 160. Restoration of license. At any time after the | 8 |
| suspension or revocation of any license, the Department may | 9 |
| restore the license to the accused person, unless after an | 10 |
| investigation and a hearing the Department determines that | 11 |
| restoration is not in the public interest. | 12 |
| Section 165. Surrender of license. Upon the revocation or | 13 |
| suspension of any license, the licensee shall immediately | 14 |
| surrender the license to the Department. If the licensee fails | 15 |
| to do so, the Department shall have the right to seize the | 16 |
| license. | 17 |
| Section 170. Summary suspension. The Secretary may | 18 |
| summarily suspend the license of a licensee under this Act | 19 |
| without a hearing, simultaneously with the institution of | 20 |
| proceedings for a hearing provided for in this Act, if the | 21 |
| Secretary finds that evidence in his or her possession | 22 |
| indicates that continuation in practice would constitute an | 23 |
| imminent danger to the public. In the event that the Secretary |
|
|
|
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|
| 1 |
| summarily suspends a license without a hearing, a hearing by | 2 |
| the Department must be held within 30 days after the suspension | 3 |
| has occurred. | 4 |
| Section 175. Certificate of record. The Department shall | 5 |
| not be required to certify any record to the court or file any | 6 |
| answer in court or otherwise appear in any court in a judicial | 7 |
| review proceeding, unless there is filed in the court, with the | 8 |
| complaint, a receipt from the Department acknowledging payment | 9 |
| of the costs of furnishing and certifying the record. Failure | 10 |
| on the part of the plaintiff to file a receipt in court shall | 11 |
| be grounds for dismissal of the action. | 12 |
| Section 180. Administrative Review Law. All final | 13 |
| administrative decisions of the Department are subject to | 14 |
| judicial review under the Administrative Review Law and its | 15 |
| rules. The term "administrative decision" is defined as in | 16 |
| Section 3-101 of the Code of Civil Procedure. | 17 |
| Section 185. Illinois Administrative Procedure Act. The | 18 |
| Illinois Administrative Procedure Act is hereby expressly | 19 |
| adopted and incorporated in this Act as if all of the | 20 |
| provisions of such Act were included in this Act, except that | 21 |
| the provision of subsection (d) of Section 10-65 of the | 22 |
| Illinois Administrative Procedure Act that provides that at | 23 |
| hearings the licensee has the right to show compliance with all |
|
|
|
09600SB3712ham001 |
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|
| 1 |
| lawful requirements for retention, continuation, or renewal of | 2 |
| the license is specifically excluded. For purposes of this Act, | 3 |
| the notice required under Section 10-25 of the Illinois | 4 |
| Administrative Procedure Act is deemed sufficient when mailed | 5 |
| to the last known address of a party. | 6 |
| Section 190. Home rule. Pursuant to paragraph (h) of | 7 |
| Section 6 of Article
VII
of the Illinois Constitution of 1970, | 8 |
| the power to regulate and issue licenses for the practice of | 9 |
| midwifery shall,
except as may otherwise be provided within and | 10 |
| pursuant to the provisions of this Act, be exercised by the | 11 |
| State and may
not be exercised by
any unit of local government, | 12 |
| including home rule units. | 13 |
| Section 193. Rulemaking conditions. Rulemaking authority | 14 |
| to implement this Act, if any, is conditioned on the rules | 15 |
| being adopted in accordance with all provisions of the Illinois | 16 |
| Administrative Procedure Act and all rules and procedures of | 17 |
| the Joint Committee on Administrative Rules; any purported rule | 18 |
| not so adopted, for whatever reason, is unauthorized. | 19 |
| Section 195. Severability. The provisions of this Act are | 20 |
| severable under Section 1.31 of the Statute on Statutes. | 21 |
| Section 900. The Regulatory Sunset Act is amended by adding | 22 |
| Section 4.30 as follows: |
|
|
|
09600SB3712ham001 |
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|
| 1 |
| (5 ILCS 80/4.30 new) | 2 |
| Sec. 4.30. Act repealed on January 1, 2020. The following | 3 |
| Act is repealed on January 1, 2020: | 4 |
| The Home Birth Safety Act. | 5 |
| Section 905. The Medical Practice Act of 1987 is amended by | 6 |
| changing Section 4 as follows:
| 7 |
| (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| 8 |
| (Section scheduled to be repealed on December 31, 2010)
| 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 |
|
|
|
09600SB3712ham001 |
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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 | 8 |
| Section 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, | 13 |
| and the prevention of illness and communicable diseases,
any | 14 |
| person practicing or offering to practice advanced,
| 15 |
| professional, or practical
nursing in Illinois shall submit | 16 |
| evidence that he or she is qualified to
practice, and shall be | 17 |
| licensed as provided under this Act. No person shall
practice | 18 |
| or offer to practice advanced, professional, or practical | 19 |
| nursing in Illinois or
use any title, sign, card or device to | 20 |
| indicate that such a person is
practicing professional or | 21 |
| practical nursing unless such person has been
licensed under | 22 |
| the 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 |
|
|
|
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|
| 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) (13) County correctional personnel from | 2 |
| delivering prepackaged medication for self-administration | 3 |
| to an individual detainee in a correctional facility. | 4 |
| Nothing in this Act shall be construed to limit the | 5 |
| delegation of tasks or duties by a physician, dentist, or | 6 |
| podiatrist to a licensed practical nurse, a registered | 7 |
| professional nurse, or other persons.
| 8 |
| (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, | 9 |
| eff. 4-3-09; 96-516, eff. 8-14-09; revised 9-15-09.)".
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