Section 1345.10  Definitions

 

"Act" means the Licensed Certified Professional Midwife Practice Act [225 ILCS 64].

 

"Birth Center" means a facility licensed by the Department of Public Health under the Birth Center Licensing Act [210 ILCS 170].

 

"Board" means the Illinois Midwifery Board.

 

"Department" means the Department of Financial and Professional Regulation of the State of Illinois.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

Section 1345.15  Application for Licensure

 

a)         An applicant for licensure as a licensed certified professional midwife shall file an application on forms provided by the Division.  Applicants must be at least 21 years of age.  The application shall include:

 

1)         Certification of successful completion of a postsecondary midwifery education program through an institution, program, or pathway accredited by the Midwife Education and Accreditation Council that has both academic and clinical practice incorporated throughout the curriculum;

 

2)         Valid certified professional midwife certification granted by the North American Registry of Midwives or its successor organization;

 

3)         Proof of active cardiopulmonary resuscitation certification;

 

4)         Proof of active neonatal resuscitation provider status;

 

5)         Certification of successful completion of an examination as provided in Section 1345.20.  The certification shall be forwarded to the Division from the testing entity; and

 

6)         The fee required in Section 1345.55.

 

b)         In lieu of meeting the requirement in subsection (a)(1), an applicant who has held a valid certified professional midwife certification granted by the North American Registry of Midwives for at least 3 years may provide proof of completion of the midwifery bridge certificate granted by the North American Registry of Midwives, provided that the applicant applies for licensure by October 1, 2025.  Applicants applying under this subsection (b) shall meet all other requirements for licensure under the Act and this Part.

 

c)         Certification of cardiopulmonary resuscitation training shall be provided or sponsored by the American Red Cross, American Heart Association, Health and Safety Institute, or similar organization approved by the Board; by a licensed hospital; by a licensed physician or registered nurse; or by an emergency medical technician employed by a fire or police department.

 

d)         Certification of neonatal resuscitation provider training shall be provided or sponsored by the American Academy of Pediatrics, the Canadian Paediatric Society, or similar organization approved by the Board.

 

e)         Cardiopulmonary resuscitation and neonatal resuscitation provider training under this Section must include a hands-on skills component.  Online only courses are not acceptable.

 

Section 1345.20  Examination

 

a)         The examination approved by the Division for licensure as a licensed certified professional midwife is the North American Registry of Midwives Examination.  The passing score on the examination shall be the passing score established by the testing entity.  The scores shall be submitted to the Division from the designated testing service.

 

b)         An applicant who fails an examination may retake the examination in accordance with the procedures established by the testing entity.

 

c)         The applicant shall pay examination fees to the testing entity.  These fees are in addition to the license application fee payable to the Division.

 

Section 1345.25  Endorsement

 

a)         An applicant for licensure as a licensed certified professional midwife who is licensed under the laws of another state shall file an application on forms provided by the Division.  Applicants must be at least 21 years of age.  The application shall include:

 

1)         A certification from the jurisdiction of original licensure and current licensure stating:

 

A)        The date of issuance and status of the license; and

 

B)        Whether the records of the applicant's current licensing authority contain any record of any disciplinary actions taken or pending.

 

2)         Proof of the following:

 

A)        Valid certified professional midwife certification granted by the North American Registry of Midwives;

 

B)        Active cardiopulmonary resuscitation certification;

 

C)        Active neonatal resuscitation provider status; and

 

D)        Certification of previous successful completion of an examination that is the same or similar to the examination as provided for in Section 1345.20.  If the applicant does not meet this requirement, the applicant must successfully complete the examination provided for in Section 1345.20.

 

3)         The fee required in Section 1345.55.

 

b)         The Division shall examine each endorsement application to determine whether the requirements in the other state at the date of licensing were substantially equivalent to the requirements of the Act and this Part.

 

Section 1345.30  Renewals

 

a)         All licenses issued under the Act shall expire October 31 of each even-numbered year.  The holder of a license may renew the license during the month preceding the expiration date by paying the required fee.

 

b)         Compliance with the continuing education requirement in Section 1345.35 and verification of active cardiopulmonary resuscitation and neonatal resuscitation certifications are conditions of renewal.

 

c)         Practice on an expired license shall be considered unlicensed practice and shall be grounds for discipline pursuant to Section 100 of the Act.

 

Section 1345.35  Continuing Education

 

a)         Continuing Education Requirements

 

1)         Beginning with the 2028 renewal period, all licensed certified professional midwives shall complete 20 hours of approved continuing education per two-year license renewal cycle.

 

2)         All continuing education must be completed in the 24 months preceding expiration of the license.

 

3)         A renewal applicant shall not be required to comply with continuing education requirements for the first renewal of an Illinois license.

 

4)         Licensed certified professional midwives licensed in Illinois but residing and practicing in other states shall comply with the continuing education requirements set forth in this Section.

 

5)         Continuing education hours used to satisfy the continuing education requirements of another jurisdiction may be applied to fulfill the continuing education requirements of the State of Illinois.

 

b)         Approved Continuing Education Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean:

 

A)        The Illinois Council of Certified Professional Midwives;

 

B)        Birth Emergency Skills Training;

 

C)        American Academy of Family Physicians Foundation;

 

D)        National Association of Certified Professional Midwives;

 

E)        American College of Nurse Midwives;

 

F)         American College of Obstetricians and Gynecologists;

 

G)        Association of Women's Health, Obstetric and Neonatal Nurses;

 

H)        American Academy of Pediatrics;

 

I)         American Nurses Association;

 

J)         American Nurse Credentialing Center;

 

K)        Illinois Society for Advanced Practice Nursing;

 

L)        American College of Nurse Practitioners;

 

M)       American Academy of Nurse Practitioners;

 

N)        Any Midwifery Education Accreditation Council accredited or North American Registry of Midwives approved continuing education;

 

O)        Any other accredited school, college, or university, State agency, or association approved by the Division upon recommendation of the Board.  The organization seeking approval shall submit an application on forms provided by the Division and pay the required fee as provided in Section 1345.55.

 

2)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the profession of midwifery;

 

B)        Foster the enhancement of the midwifery profession and values;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content, and teaching methods to be used; and

 

E)        Specify the number of continuing education hours that may be applied to fulfilling the Illinois continuing education requirements for license renewal.

 

3)         Continuing education may be offered in a classroom setting or by online instruction.

 

4)         Each continuing education program shall provide a mechanism for evaluation of the program and instructor by the participants.  The evaluation may be completed on-site immediately following the program/presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail or electronic means.  The sponsor and instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

5)         A sponsor approved pursuant to subsection (b)(1) may subcontract with individuals or organizations to provide approved programs.  All advertising, promotional materials, and certificates of attendance must identify the approved sponsor.  The presenter of the program may also be identified but should be identified as a presenter.  When an approved sponsor subcontracts with a presenter, the sponsor retains all responsibility for monitoring attendance, providing certificates of attendance, and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

 

6)         Certification Attendance.  It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The sponsor's name and, if applicable, sponsor approval number;

 

B)        The name of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

7)         The sponsor shall maintain attendance records for not less than five years.

 

8)         The sponsor shall be responsible for assuring that no renewal applicant will receive continuing education credit for time not actually spent attending the program.

 

9)         Upon the failure of the sponsor to comply with any of the requirements of this subsection (b), the Division, after notice to the sponsor, shall thereafter refuse to accept for continuing education attendance at or participation in any of that sponsor's continuing education programs until the Division receives assurances of compliance with this Section.

 

10)       Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved continuing education program at any time to ensure compliance with requirements of this Section.

 

c)         Certification of Compliance with Continuing Education Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the continuing education requirements set forth in subsection (a).

 

2)         The Division may require additional evidence demonstrating compliance with the continuing education requirements (e.g. certificates of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with continuing education requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time, the Board may recommend that steps be taken to begin formal disciplinary proceedings.

 

d)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned continuing education hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (b)(2).

 

2)         If a licensee fails to submit an out-of-state continuing education approval form within the required time, late approval may be obtained by submitting the approval request with the $25 processing fee plus a late fee of $50 per continuing education hour, not to exceed $300.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (b)(2).

 

e)         Waiver of Continuing Education Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these continuing education requirements shall file with the Division a renewal application, along with the required fee set forth in Section 1345.55, an affidavit setting forth the facts concerning noncompliance and a request for waiver of the continuing education requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that good cause has been shown for granting a waiver, the Division will waive enforcement of continuing education requirements for the renewal period for which the applicant has applied.

 

2)         Good cause shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the continuing education requirements during the applicable pre-renewal period because of:

 

A)        Full-time service in the Armed Forces of the United States during a substantial part of the pre-renewal period;

 

B)        An incapacitating illness documented by a statement from a currently licensed health care provider;

 

C)        A physical inability to access the sites of approved programs or online sources documented by a currently licensed health care provider; or

 

D)        Any other similar extenuating circumstances.

 

3)         When the licensee is requesting a waiver due to physical or mental illness or incapacity, the licensee shall provide a current fitness to practice statement from a currently licensed health care provider familiar with the licensee's medical history.

 

4)         Any renewal applicant who, prior to the expiration date of the license, submits a request for waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

Section 1345.40  Midwife Assistant

 

a)         A midwife assistant performs basic administrative, clerical, and supportive services under the supervision of a certified professional midwife. (Section 10 of the Act)

 

b)         "Midwife supportive services" means simple routine medical tasks and procedures that may be safely performed by a midwife assistant pre-labor and during labor, delivery, and postpartum, including, but not limited to, collecting patient information, drawing blood, providing medications, administering medication by injection, assisting in newborn delivery, assisting in immediate newborn care, assisting in patient daily living care, and labor support in accordance with Section 70 of the Act.  All services must be delegated by the supervising licensed certified professional midwife and must be within the training and education received by the midwife assistant.  Supervision requires the on-premises presence of the licensed certified professional midwife for administering medications by injection, assisting in newborn delivery, and assisting in immediate newborn care, except in instances of emergency deliveries.  If the supervising licensed certified professional midwife is not on premise, the licensed certified professional midwife must be accessible to the midwife assistant and provide supervision by telephone, cellular phone, or text for all other services or tasks performed by the midwife assistant.  An "emergency delivery" is an unplanned delivery performed by a midwife assistant prior to the arrival of the licensed certified professional midwife at the intended birth location.

 

c)         The licensed certified professional midwife is responsible for ensuring that the midwife assistant has been properly trained to provide the services delegated to the midwife assistant by the licensed certified professional midwife.  Training received shall be documented and kept on file as required by Section 1345.60.

 

Section 1345.45  Restoration

 

a)         A person seeking reinstatement of a license that has expired for three years or less shall have the license reinstated upon payment of all lapsed renewal fees required by Section 1345.55 and proof of completion of the continuing education required under Section 1345.35.

 

b)         A person seeking reinstatement of a license that has been placed on inactive status under Section 60 of the Act for three years or less shall have the license reinstated upon payment of the current renewal fee required by Section 1345.55 and proof of completion of the continuing education required under Section 1345.35.

 

c)         A person seeking restoration of a license after it has expired or been placed on inactive status for more than three years shall file an application, on forms supplied by the Division, proof of completion of the continuing education required under Section 1345.35, proof of active cardiopulmonary resuscitation and neonatal resuscitation certifications, and payment of the restoration fee required by Section 1345.55.  The person shall also submit either:

 

1)         Sworn evidence of active practice in another jurisdiction.  The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the person was authorized to practice during the term of active practice;

 

2)         Current valid certified professional midwife certification granted by the North American Registry of Midwives or its successor organization; or

 

3)         An affidavit attesting to military service as provided in Section 55 of the Act.

 

d)         A person seeking restoration of a license that has been revoked, suspended, in refuse to renew status, or on probation for three years or less shall: 

 

1)         comply with the same requirements provided in subsection (b);

 

2)         provide sufficient evidence to establish that the person has been rehabilitated;

 

3)         and pay the restoration fee required by Section 1345.55.

 

e)         A person seeking restoration of a license that has been revoked, suspended, or in refuse to renew status for more than three years shall:

 

1)         comply with the same requirements provided in subsection (d);

 

2)         provide sufficient evidence to establish that the person is fit to practice midwifery including at a minimum compliance with subsection (c)(2) and proof of current cardiopulmonary resuscitation and neonatal resuscitation provider certifications;

 

3)         provide sufficient evidence to establish that the person has been rehabilitated.

 

f)         Except for persons seeking restoration of a license that has been revoked, suspended, in refuse to renew status, or on probation, when the accuracy or sufficiency of any submitted documentation is questioned by the Division because of a lack of information, discrepancies, or conflicts in information given or a need for clarification, the person seeking restoration of a license may be requested to:

 

1)         Provide information as may be necessary related to the practice of midwifery; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflict in information.

 

Section 1345.50  Rehabilitation

 

a)         Upon written petition for restoration of a license from discipline pursuant to Section 1345.45, the Board shall consider, but is not limited to, the following in determining if the person is to be deemed sufficiently rehabilitated to warrant the public trust:

 

1)         The seriousness of the offense that resulted in the disciplinary action being considered or being taken;

 

2)         The length of time that elapsed since the disciplinary action was taken;

 

3)         The profession, occupation and outside activities in which the petitioner has been involved;

 

4)         Any counseling, medical treatment, or other rehabilitative treatment received by the petitioner;

 

5)         Compliance with Section 1345.45(d) and (e), except for payment of renewal fees, which is a condition for petitioning for restoration;

 

6)         Continuing education courses or other types of courses taken to correct the grounds for the disciplinary action being considered or having been taken;

 

7)         Written reports and oral testimony by other persons relating to the skill, knowledge, honesty, integrity, and contriteness of the petitioner;

 

8)         Restitution to injured parties;

 

9)         Future plans of the petitioner;

 

10)       Involvement of the petitioner's family and friends in the petitioner's rehabilitation process;

 

11)       A written report of a physical or mental examination given by a licensed health care provider selected by the Board and paid for by the petitioner;

 

12)       Any other information evidencing rehabilitation that would bear upon the petitioner's request for restoration of a license;

 

13)       Whether the order imposing sanctions was appealed and, if so, whether a reviewing court granted a stay or delay of imposition of the sanction;

 

14)       The date and disposition of any other petition for restoration filed since the last sanction was imposed; and

 

15)       Whether there has been compliance with any probationary terms imposed.

 

b)         In addition to the factors contained in subsection (a), the Board may find that there is sufficient evidence in the record to recommend to the Director that the petitioner must also successfully complete a competency examination in compliance with Section 1345.20 and paid for by the petitioner, prior to restoration of a license.

 

Section 1345.55  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         The fee for application for a license under Sections 1345.15 or 1345.25 is $500.00.

 

b)         The fee for renewal of a license is $500.00.

 

c)         The fee for restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees not to exceed two renewal periods.

 

d)         The fee for certification of a licensee's record for any purpose is $20.

 

e)         The fee for a continuing education sponsor subject to approval of the Board is $500.  The fee is waived for a State agency, State university, or community college.

 

f)         The fee for a two-year renewal for a continuing education sponsor subject to approval of the Board is $250.  The renewal fee is waived for a State agency, State university, or State community college.

 

Section 1345.60  Recordkeeping

 

Licensees shall maintain the following records, subject to inspection by the Division:

 

a)         Records documenting the care and treatment for each patient and each patient's neonate including, but not limited to:

 

1)         Establishing compliance with Section 65 of the Act (Informed Consent);

 

2)         Establishing compliance with Section 70 of the Act (Scope of Practice);

 

3)         Establishing compliance with Section 75 of the Act (Consultation and Referral);

 

4)         The reasons for any consultation and/or referral pursuant to Section 75 of the Act and the outcome or results;

 

5)         Establishing compliance with Section 80 of the Act (Transfer);

 

6)         The reasons for any transfer pursuant to Section 80 of the Act and the outcome or results, if known;

 

7)         A copy of any report of an adverse occurrence filed with the Division pursuant to Section 1345.65; and

 

8)         The name and license number of each licensed certified professional midwife and the name of each midwife assistant providing services.

 

b)         A copy of each annual report filed with the Department of Public Health pursuant to Section 90 of the Act.

 

c)         A file on each midwife assistant employed by and/or assisting the licensed certified professional midwife that contains at a minimum the following information:

 

1)         Name, residence address, telephone number, email address, Social Security number, and date of birth;

 

2)         Current certifications for pulmonary resuscitation and neonatal resuscitation training; and

 

3)         Documentation of any other training received by the midwife assistant.

 

d)         Patient and neonate records required under subsection (a) shall be maintained for a period of not less than six years after delivery or attempted delivery.  The file for each midwife assistant required under subsection (c) shall be maintained for a period of not less than six years after termination of employment or relationship.

 

e)         A licensed certified professional midwife shall be deemed to be in compliance with the recordkeeping requirements of this Section if the certified licensed professional midwife is employed by or is practicing at a birth center, the birth center maintains the records required by this Section, and the Division has access to these records.

 

Section 1345.65  Adverse Occurrences

 

a)         "Adverse occurrence" shall be defined for the purposes of this Section as:

 

1)         The death of a neonate under the licensee's care within 48 hours after delivery or attempted delivery, not including a stillbirth or miscarriage;

 

2)         The death after a pregnant or postpartum patient under the licensee's care within 48 hours after delivery or attempted delivery;

 

3)         The in-patient emergency hospitalization of a neonate under the licensee's care within 48 hours after delivery or attempted delivery; or

 

4)         The in-patient emergency hospitalization of a patient under the licensee's care within 48 hours after delivery or attempted delivery.

 

b)         "Emergency hospitalization" shall be defined for the purposes of this Section as a hospitalization of a neonate or patient suffering an acute injury or illness that poses an immediate risk to life or long-term health requiring immediate medical attention and that is related to delivery or attempted delivery.

 

c)         Maternal emergency hospitalization events reportable under this Section include:

 

1)         Acute myocardial infarction;

 

2)         Aneurysm;

 

3)         Acute renal failure;

 

4)         Adult respiratory distress syndrome;

 

5)         Amniotic fluid embolism;

 

6)         Cardiac arrest/ventricular fibrillation;

 

7)         Conversion of cardiac rhythm;

 

8)         Disseminated intravascular coagulation;

 

9)         Eclampsia;

 

10)       Heart failure/arrest;

 

11)       Puerperal cerebrovascular disorders;

 

12)       Pulmonary edema/acute heart failure;

 

13)       Severe anesthesia complications;

 

14)       Sepsis;

 

15)       Shock;

 

16)       Sickle cell disease with crisis;

 

17)       Air and thrombotic embolism;

 

18)       Blood products transfusion;

 

19)       Hysterectomy;

 

20)       Temporary tracheostomy;

 

21)       Ventilation;

 

22)       Hemorrhage or excessive laceration bleeding requiring repair;

 

23)       Retained placenta;

 

24)       Cord prolapse; or

 

25)       Other adverse conditions or occurrences equivalent to those listed above.

 

d)         Neonatal emergency hospitalization events reportable under this Section include:

 

1)         Severe birth trauma;

 

2)         Severe hypoxia/asphyxia;

 

3)         Severe shock and resuscitation;

 

4)         Neonatal severe respiratory complications;

 

5)         Neonatal severe infection;

 

6)         Neonatal severe neurological complications;

 

7)         Severe shock and resuscitation procedures;

 

8)         Neonatal severe respiratory procedures;

 

9)         Neonatal severe neurological procedures;

 

10)       Sepsis; or

 

11)       Other adverse conditions or occurrences equivalent to those listed above.

 

e)         A licensee shall report to the Division within 24 hours after each adverse occurrence that involves the death of a neonate or patient.  The report shall be submitted to the Division on a form provided by the Division and mailed to the Division or submitted electronically.

 

f)         A licensee shall report to the Division within 14 days after each adverse occurrence that involves the in-patient emergency hospitalization of a neonate or patient.  The report shall be submitted to the Division on a form provided by the Division and mailed to the Division or submitted electronically.

 

g)         The adverse occurrence report shall be in writing and shall include:

 

1)         The licensee's name and license number;

 

2)         The date and time of the occurrence;

 

3)         The location of the occurrence, including the name and address of the birth center, if applicable;

 

4)         The name of the patient;

 

5)         The name of the hospital involved in the occurrence, if any; and

 

6)         The circumstances involved in such occurrence.

 

h)         The adverse occurrence report is required by the Division to assist in its mission of protecting the public.  The filing of such report by a licensee shall not constitute an admission by the licensee of any wrongdoing, malpractice, error or omission in treatment, or even that the death or in-patient emergency hospitalization is related to the licensee's care.  A licensee shall be responsible for filing an adverse occurrence report only for those adverse occurrences of which the licensee has knowledge or should reasonably have been expected to have knowledge.  In the event that a licensee does not have knowledge or cannot reasonably be expected to have knowledge, but subsequently obtains actual knowledge of an adverse occurrence, then such licensee shall file an adverse occurrence report within 24 hours after obtaining knowledge of the death of a neonate or patient or within 14 days after obtaining knowledge of the in-patient emergency hospitalization of a neonate or patient.  An adverse occurrence report is an investigatory record and is confidential under Section 180 of the Act.

 

i)          Failure to provide such a report to the Division shall be grounds for discipline (see Section 100(a)(8) of the Act and Section 1345.70).

 

j)          A licensed certified professional midwife shall be deemed to be in compliance with the reporting requirements of this Section if the licensed certified professional midwife is employed by or is practicing at a birth center and the birth center submits the report required by this Section.

 

Section 1345.70  Dishonorable, Unethical, or Unprofessional Conduct

 

The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its findings of dishonorable, unethical, or unprofessional conduct pursuant to Section 100(a)(8) of the Act, which includes, but is not limited to, the following acts or practices:

 

a)         Engaging in conduct likely to deceive, defraud, or harm the public, or demonstrating a willful disregard for the health, welfare, or safety of a patient or patient's neonate.  Actual injury need not be established.

 

b)         A departure from or failure to conform to the standards of practice as set forth in the Act or this Part.  Actual injury to a patient or patient's neonate need not be established.

 

c)         Engaging in behavior that violates professional boundaries (such as signing wills or other documents not related to client health care).

 

d)         Engaging in sexual conduct with a patient or conduct that may reasonably be interpreted by a patient as sexual, or behavior that is sexually harassing to a patient, including any verbal behavior that is sexual harassing.

 

e)         Demonstrating actual or potential inability to practice with reasonable skill, safety, or judgment by reason of illness, use of alcohol, drugs, chemicals, or any other material or as a result of any mental or physical condition.

 

f)         Misrepresenting educational background, training, credentials, or competence.

 

g)         Committing any other act or omission that breaches the midwife's responsibility to a patient or patient's neonate according to accepted standards of practice.

 

h)         Making false or misleading statements in the annual report required under Section 90 of the Act.

 

i)          Failure to file an adverse occurrence report as required under Section 1345.65.

 

j)          Making false or misleading statements in an adverse occurrence report as required under Section 1345.65.

 

k)         Delegating tasks to a midwife assistant for which the midwife assistant has not been properly trained to provide.

 

l)          In a birth center setting, violation of any provision of the Birth Center Licensing Act [210 ILCS 170] or the rules promulgated thereunder (77 Ill. Adm. Code 264).

 

m)        Violation of any provision of Section 1345.80 (Patient Rights).

 

Section 1345.75  Authorized Medications

 

In addition to the medications authorized in Section 70 of the Act and pursuant to Section 70 of the Act, the following medications are authorized medications for use by a licensed certified professional midwife:

 

a)         Tranexamic Acid;

 

b)         Hemabate;

 

c)         Penicillin;

 

d)         Ampicillin;

 

e)         Cefazolin;

 

f)         Clindamycin; and

 

g)         Acetaminophen.

 

Section 1345.80  Patient Rights

 

a)         A patient shall not be deprived of any rights, benefits, or privileges guaranteed by law based solely on the patient's status as a patient of the licensed certified professional midwife's practice.

 

b)         Every patient shall be permitted to refuse medical treatment and to know the consequences of such action.

 

c)         It is the right of every pregnant person and support person to expect and receive services as per the Medical Patient Rights Act [410 ILCS 50] and as listed below:

 

1)         Good quality care and high professional standards that are continually maintained and reviewed;

 

2)         Answers to questions regarding services and treatment, and the names and functions of the staff person providing services;

 

3)         Confidentiality of client records.  Information from or copies of records may be released only to authorized individuals, and the licensed certified professional midwife or the birth center shall ensure that unauthorized individuals cannot gain access to or alter patient records.  The licensed certified professional midwife or the birth center shall release original medical records only in accordance with federal or State laws, court orders, or subpoenas;

 

4)         Unimpeded, private, and uncensored communication by mail and telephone.  The licensed certified professional midwife or the birth center shall ensure that correspondence is promptly received and mailed, and that telephones are reasonably accessible;

 

5)         Respectful and dignified treatment at all times;

 

6)         Information regarding cost and counseling on the availability of known financial resources to the service being rendered;

 

7)         Disclosure and discussion of the nature, purposes, expected effects, and results of the medical treatment under consideration, prior to signing an informed consent;

 

8)         Access to an obstetrician, family practitioner (family physician), physician, certified nurse midwife, or licensed certified professional midwife;

 

9)         A copy of the rules of the licensed certified professional midwife's practice or of the birth center that apply to conduct as a pregnant person, spouse, support person, and other family member or visitor;

 

10)       A written copy of the rights guaranteed by this Section, by the licensed certified professional midwife's practice, or by the birth center;

 

11)       Treatment without discrimination based upon race, color, religion, sexual preference, national origin, or source of payment; and

 

12)       The right to expect emergency procedures to be implemented without necessary delay.

 

d)         The licensed certified professional midwife shall provide written notice to each patient that the licensee is licensed by the Division and the process to initiate a complaint with the Division.

 

Section 1345.85  Granting Variances

 

The Director may grant variances from this Part in individual cases when the Director finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.