Sen. Cristina Castro
Filed: 4/6/2022
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1 | AMENDMENT TO HOUSE BILL 5012
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2 | AMENDMENT NO. ______. Amend House Bill 5012 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Licensed Certified Professional Midwife | ||||||
5 | Practice Act is amended by changing Sections 10, 30, 40, 55, | ||||||
6 | 90, 125, 130, and 150 as follows: | ||||||
7 | (225 ILCS 64/10) | ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date )
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10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
11 | Sec. 10. Definitions. As used in this Act: | ||||||
12 | "Address of record" means the designated address recorded | ||||||
13 | by the Department in the applicant's application file or the | ||||||
14 | licensee's licensure file as maintained by the Department. | ||||||
15 | "Antepartum" means before labor or childbirth. | ||||||
16 | "Board" means the Illinois Midwifery Board. |
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1 | "Certified nurse midwife" means an individual licensed | ||||||
2 | under the Nurse Practice Act as an advanced practice | ||||||
3 | registered nurse and is certified as a nurse midwife. | ||||||
4 | "Client" means a childbearing individual or newborn for | ||||||
5 | whom a licensed certified professional midwife provides | ||||||
6 | services. | ||||||
7 | "Consultation" means the process by which a licensed | ||||||
8 | certified professional midwife seeks the advice or opinion of | ||||||
9 | another health care professional. | ||||||
10 | "Department" means the Department of Financial and | ||||||
11 | Professional Regulation. | ||||||
12 | "Email address of record" means the designated email | ||||||
13 | address of record by the Department in the applicant's | ||||||
14 | application file or the licensee's licensure file as | ||||||
15 | maintained by the Department. | ||||||
16 | "Health care professional" means an advanced practice | ||||||
17 | registered nurse or a physician licensed to practice medicine | ||||||
18 | in all of its branches. | ||||||
19 | "Intrapartum" means during labor and delivery or | ||||||
20 | childbirth. | ||||||
21 | "Licensed certified professional midwife" means a person | ||||||
22 | who has successfully met the requirements under Section 45 of | ||||||
23 | this Act and has been licensed by the Department . | ||||||
24 | "Low-risk" means a low-risk pregnancy where there is an | ||||||
25 | absence of any preexisting maternal disease, significant | ||||||
26 | disease arising from the pregnancy, or any condition likely to |
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1 | affect the pregnancy, including, but not limited to, those | ||||||
2 | listed in Section 85. | ||||||
3 | "Midwife assistant" means a person, at least 18 years of | ||||||
4 | age, who performs basic administrative, clerical, and | ||||||
5 | supportive services under the supervision of a certified | ||||||
6 | professional midwife, is educated to provide both basic and | ||||||
7 | emergency care to newborns and mothers during labor, delivery, | ||||||
8 | and immediately postpartum, and who maintains Neonatal | ||||||
9 | Resuscitation Program provider status and cardiopulmonary | ||||||
10 | resuscitation certification. | ||||||
11 | "Midwifery bridge certificate" means a certificate issued | ||||||
12 | by the North American Registry of Midwives that documents | ||||||
13 | completion of accredited continuing education for certified | ||||||
14 | professional midwives based upon identified areas to address | ||||||
15 | education in emergency skills and other competencies set by | ||||||
16 | the international confederation of midwives. | ||||||
17 | "Midwifery Education and Accreditation Council" or "MEAC" | ||||||
18 | means the nationally recognized accrediting agency, or its | ||||||
19 | successor, that establishes standards for the education of | ||||||
20 | direct-entry midwives in the United States. | ||||||
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. | ||||||
25 | "North American Registry of Midwives" or "NARM" means the | ||||||
26 | accredited international agency, or its successor |
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1 | organization, that has established and has continued to | ||||||
2 | administer certification for the credentialing of certified | ||||||
3 | professional midwives, including the administration of a | ||||||
4 | national competency examination. | ||||||
5 | "Onset of care" means the initial prenatal visit upon an | ||||||
6 | agreement between a licensed certified professional midwife | ||||||
7 | and client to establish a midwife-client relationship, during | ||||||
8 | which the licensed certified professional midwife may take a | ||||||
9 | client's medical history, complete an exam, establish a | ||||||
10 | client's record, or perform other services related to | ||||||
11 | establishing care. "Onset of care" does not include an initial | ||||||
12 | interview where information about the licensed certified | ||||||
13 | professional midwife's practice is shared but no | ||||||
14 | midwife-client relationship is established. | ||||||
15 | "Pediatric health care professional" means a licensed | ||||||
16 | physician specializing in the care of children, a family | ||||||
17 | practice physician, or an advanced practice registered nurse | ||||||
18 | licensed under the Nurse Practice Act and certified as a | ||||||
19 | Pediatric Nurse Practitioner or Family Nurse Practitioner. | ||||||
20 | "Physician" means a physician licensed under the Medical | ||||||
21 | Practice Act of 1987 to practice medicine in all of its | ||||||
22 | branches. | ||||||
23 | "Postpartum period" means the first 6 weeks after | ||||||
24 | delivery. | ||||||
25 | "Practice of midwifery" means providing the necessary | ||||||
26 | supervision, care, and advice to a client during a low-risk |
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1 | pregnancy, labor, and the postpartum period, including the | ||||||
2 | intended low-risk delivery of a child, and providing normal | ||||||
3 | newborn care. "Practice of midwifery" does not include the | ||||||
4 | practice of medicine or nursing. | ||||||
5 | "Qualified midwife preceptor" means a licensed and | ||||||
6 | experienced midwife or other health professional licensed in | ||||||
7 | the State who participated in the clinical education of | ||||||
8 | individuals enrolled in a midwifery education institution, | ||||||
9 | program, or pathway accredited by the midwifery education | ||||||
10 | accreditation council who meet the criteria for midwife | ||||||
11 | preceptors by NARM or its successor organization. | ||||||
12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional Regulation. | ||||||
14 | "Supportive services" means simple routine medical tasks | ||||||
15 | and procedures for which the midwife assistant or student | ||||||
16 | midwife is appropriately trained.
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17 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
18 | (225 ILCS 64/30) | ||||||
19 | (This Section may contain text from a Public Act with a | ||||||
20 | delayed effective date )
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21 | (Section scheduled to be repealed on January 1, 2027) | ||||||
22 | Sec. 30. Illinois Midwifery Board. | ||||||
23 | (a) There is created under the authority of the Department | ||||||
24 | the Illinois Midwifery Board, which shall consist of 9 members | ||||||
25 | appointed by the Secretary: 5 of whom shall be licensed |
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1 | certified professional midwives, with initial appointees | ||||||
2 | having at least 3 years of experience in the practice of | ||||||
3 | midwifery in an out-of-hospital setting, be certified by the | ||||||
4 | North American Registry of Midwives, and meet the | ||||||
5 | qualifications for licensure set forth in this Act; one of | ||||||
6 | whom shall be an Illinois licensed physician who specializes | ||||||
7 | in obstetrics; one of whom shall be an Illinois licensed | ||||||
8 | advanced practice registered nurse who is a certified
nurse | ||||||
9 | midwife who provides home birth services; one of whom shall be | ||||||
10 | a pediatric health care professional; and one of whom shall be | ||||||
11 | a public member. Board members shall serve 4-year terms, | ||||||
12 | except that in the case of initial appointments, terms shall | ||||||
13 | be staggered as follows: 4 members shall serve for 4 years, 3 | ||||||
14 | members shall serve for 3 years, and 2 members shall serve for | ||||||
15 | 2 years. The Board shall annually elect a chairperson and vice | ||||||
16 | chairperson. All board members must be residents of this | ||||||
17 | State. All board members, except for the public member, must | ||||||
18 | be licensed in good standing and, at the time of appointment, | ||||||
19 | actively engaged in their respective professions. | ||||||
20 | (b) Any appointment made to fill a vacancy shall be for the | ||||||
21 | unexpired portion of the term. Appointments to fill vacancies | ||||||
22 | shall be made in the same manner as original appointments. No | ||||||
23 | Board member may be reappointed for a term that would cause his | ||||||
24 | or her continuous service on the Board to exceed 10 years. | ||||||
25 | (c) Board membership must have a reasonable representation | ||||||
26 | from different geographic areas of this State, if possible. |
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1 | (d) The Secretary may solicit board recommendations from | ||||||
2 | midwifery organizations. | ||||||
3 | (e) The members of the Board may be reimbursed for all | ||||||
4 | legitimate, necessary, and authorized expenses incurred in | ||||||
5 | attending the meetings of the Board. | ||||||
6 | (f) The Secretary may remove any member of the Board for | ||||||
7 | misconduct, incapacity, or neglect of duty at any time prior | ||||||
8 | to the expiration of his or her term. | ||||||
9 | (g) Five Board members shall constitute a quorum. A | ||||||
10 | vacancy in the membership of the Board shall not impair the | ||||||
11 | right of a quorum to perform all of the duties of the Board. | ||||||
12 | (h) The Board may provide the Department with | ||||||
13 | recommendations concerning the administration of this Act and | ||||||
14 | may perform each of the following duties:
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15 | (1) Recommend to the Department the prescription and, | ||||||
16 | from time to time, the revision of any rules that may be | ||||||
17 | necessary to carry out the provisions of this Act, | ||||||
18 | including those that are designed to protect the health, | ||||||
19 | safety, and welfare of the public. | ||||||
20 | (2) Recommend changes to the medication formulary list | ||||||
21 | as standards and drug availability change. | ||||||
22 | (3) Participate in disciplinary conferences and | ||||||
23 | hearings. | ||||||
24 | (4) Make recommendations to the Department regarding | ||||||
25 | disciplinary action taken against a licensee as provided | ||||||
26 | under this Act. |
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1 | (5) Recommend the approval, denial of approval, and | ||||||
2 | withdrawal of approval of required education and | ||||||
3 | continuing educational programs. | ||||||
4 | (i) Members of the Board shall be immune from suit in an | ||||||
5 | action based upon a disciplinary proceeding or other activity | ||||||
6 | performed in good faith as a member of the Board, except for | ||||||
7 | willful or wanton misconduct.
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8 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
9 | (225 ILCS 64/40) | ||||||
10 | (This Section may contain text from a Public Act with a | ||||||
11 | delayed effective date )
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12 | (Section scheduled to be repealed on January 1, 2027) | ||||||
13 | Sec. 40. Use of title. No person may use the title | ||||||
14 | "licensed midwife" , to describe or imply that he or she is a | ||||||
15 | licensed midwife , or represent himself or herself as a | ||||||
16 | licensed midwife unless the person is granted a license under | ||||||
17 | this Act or is licensed as an advanced practice registered | ||||||
18 | nurse with certification as a nurse midwife.
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19 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
20 | (225 ILCS 64/55) | ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date )
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23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
24 | Sec. 55. Expiration; renewal of licensure. The expiration |
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1 | date and renewal period for each license issued under this Act | ||||||
2 | shall be set by rule. The holder of a license may renew the | ||||||
3 | license during the month preceding the expiration date of the | ||||||
4 | license by paying the required fee. It is the responsibility | ||||||
5 | of the licensee to notify the Department in writing of a change | ||||||
6 | of address required for the renewal of a license under this | ||||||
7 | Act. Applicants have 3 years from the date of application to | ||||||
8 | complete the application process. If the process has not been | ||||||
9 | completed in 3 years, the application shall be denied, the fee | ||||||
10 | shall be forfeited, and the applicant must reapply and meet | ||||||
11 | the requirements in effect at the time of reapplication. | ||||||
12 | The Department may adopt rules for continuing education | ||||||
13 | for licensed certified professional midwives licensed under | ||||||
14 | this Act that require 20 hours of continuing education per | ||||||
15 | 2-year license renewal cycle. The rules shall address | ||||||
16 | variances in part or in whole for good cause, including | ||||||
17 | without limitation, illness or hardship. The rules must ensure | ||||||
18 | that licensees are given the opportunity to participate in | ||||||
19 | programs sponsored by or through their State or national | ||||||
20 | professional associations, hospitals, or other providers of | ||||||
21 | continuing education. Each licensee is responsible for | ||||||
22 | maintaining records of completion of continuing education and | ||||||
23 | shall be prepared to produce the records when requested by the | ||||||
24 | Department. | ||||||
25 | Any licensed certified professional midwife who has | ||||||
26 | permitted his or her license to expire or who has had his or |
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1 | her license on inactive status may have the license restored | ||||||
2 | by applying to the Department and filing proof acceptable to | ||||||
3 | the Department of his or her fitness to have the license | ||||||
4 | restored, and by paying the required fees. Proof of fitness | ||||||
5 | may include sworn evidence certifying to active lawful | ||||||
6 | practice in another jurisdiction. | ||||||
7 | If the licensed certified professional midwife has not | ||||||
8 | maintained an active practice in another jurisdiction | ||||||
9 | satisfactory to the Department, the Department shall | ||||||
10 | determine, by an evaluation program established by rule, his | ||||||
11 | or her fitness for restoration of the license and shall | ||||||
12 | establish procedures and requirements for such restoration. | ||||||
13 | However, any licensed certified professional midwife whose | ||||||
14 | license expired while he or she was (1) in federal or State | ||||||
15 | service on active duty, or (2) in training or education under | ||||||
16 | the supervision of the United States preliminary to induction | ||||||
17 | into the military service, may have the license restored | ||||||
18 | without paying any lapsed renewal fees if, within 2 years | ||||||
19 | after termination of such service, training, or education, he | ||||||
20 | or she furnishes the Department with satisfactory evidence to | ||||||
21 | the effect that he or she has been so engaged and that his or | ||||||
22 | her service, training, or education has been terminated.
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23 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
24 | (225 ILCS 64/90) | ||||||
25 | (This Section may contain text from a Public Act with a |
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1 | delayed effective date )
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2 | (Section scheduled to be repealed on January 1, 2027) | ||||||
3 | Sec. 90. Annual Reports. | ||||||
4 | (a) A licensed certified professional midwife shall | ||||||
5 | annually report to the Department of Public Health, by no | ||||||
6 | later than March 31 of each year, in a manner specified by the | ||||||
7 | Department of Public Health, the following information | ||||||
8 | regarding cases in which the licensed certified professional | ||||||
9 | midwife assisted during the previous calendar year when the | ||||||
10 | intended place of birth at the onset of care was an | ||||||
11 | out-of-hospital setting: | ||||||
12 | (1) the total number of patients served at the onset | ||||||
13 | of care; | ||||||
14 | (2) the number, by county, of live births attended; | ||||||
15 | (3) the number, by county, of cases of fetal demise, | ||||||
16 | infant deaths, and maternal deaths attended at the | ||||||
17 | discovery of the demise or death; | ||||||
18 | (4) the number of women whose care was transferred to | ||||||
19 | another health care professional during the antepartum | ||||||
20 | period and the reason for transfer; | ||||||
21 | (5) the number, reason for, and outcome of each | ||||||
22 | nonemergency hospital transfer during the intrapartum or | ||||||
23 | postpartum period; | ||||||
24 | (6) the number, reason for, and outcome of each urgent | ||||||
25 | or emergency transport of an expectant childbearing | ||||||
26 | individual in the antepartum period; |
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1 | (7) the number, reason for, and outcome of each urgent | ||||||
2 | or emergency transport of an infant or childbearing | ||||||
3 | individual during the intrapartum or immediate postpartum | ||||||
4 | period; | ||||||
5 | (8) the number of planned out-of-hospital births at | ||||||
6 | the onset of labor and the number of births completed in an | ||||||
7 | out-of-hospital setting; | ||||||
8 | (9) a brief description of any complications resulting | ||||||
9 | in the morbidity or mortality of a childbearing individual | ||||||
10 | or a neonate; and | ||||||
11 | (10) any other information required by rule by the | ||||||
12 | Department of Public Health.
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13 | (b) (Blank). The Board shall maintain the confidentiality | ||||||
14 | of any report under subsection (d). | ||||||
15 | (c) Notwithstanding any other provision of law, a licensed | ||||||
16 | certified professional midwife shall be subject to the same | ||||||
17 | reporting requirements as other health care professionals who | ||||||
18 | provide care to individuals. | ||||||
19 | (d) (Blank). Reports are confidential under Section 180 of | ||||||
20 | this Act.
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21 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
22 | (225 ILCS 64/125) | ||||||
23 | (This Section may contain text from a Public Act with a | ||||||
24 | delayed effective date )
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25 | (Section scheduled to be repealed on January 1, 2027) |
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1 | Sec. 125. Rehearing. If the Secretary is satisfied that | ||||||
2 | substantial justice has not been done in the revocation, | ||||||
3 | suspension, or refusal to issue or renew a license, the | ||||||
4 | Secretary may order a rehearing by the same or another hearing | ||||||
5 | officer or Board .
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6 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
7 | (225 ILCS 64/130) | ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date )
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10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
11 | Sec. 130. Administrative review; certification of record. | ||||||
12 | (a) All final administrative decisions of the Department | ||||||
13 | are subject to judicial review pursuant to the provisions of | ||||||
14 | the Administrative Review Law, and all rules adopted pursuant | ||||||
15 | thereto. "Administrative decision" has the same meaning as | ||||||
16 | used in Section 3-101 of the Code of Civil Procedure. | ||||||
17 | (b) Proceedings for judicial review shall be commenced in | ||||||
18 | the circuit court of the county in which the party applying for | ||||||
19 | review resides, but if the party is not a resident of this | ||||||
20 | State, venue shall be in Sangamon County. | ||||||
21 | (c) The Department shall not be required to certify any | ||||||
22 | record to the court, to file an answer in court, or to | ||||||
23 | otherwise appear in any court in a judicial review proceeding | ||||||
24 | unless and until the Department has received from the | ||||||
25 | plaintiff payment of the costs of furnishing and certifying |
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1 | the record, which costs shall be determined by the Department. | ||||||
2 | Exhibits shall be certified without cost. Failure on the part | ||||||
3 | of the plaintiff to file a receipt in court is grounds for | ||||||
4 | dismissal of the action. During the pendency and hearing of | ||||||
5 | any and all judicial proceedings incident to the disciplinary | ||||||
6 | action, the sanctions imposed upon the accused by the | ||||||
7 | Department because of acts or omissions related to the | ||||||
8 | delivery of direct patient care as specified in the | ||||||
9 | Department's final administrative decision, shall, as a matter | ||||||
10 | of public policy, remain in full force and effect in order to | ||||||
11 | protect the public pending final resolution of any of the | ||||||
12 | proceedings.
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13 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
14 | (225 ILCS 64/150) | ||||||
15 | (This Section may contain text from a Public Act with a | ||||||
16 | delayed effective date )
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17 | (Section scheduled to be repealed on January 1, 2027) | ||||||
18 | Sec. 150. Hearing officer. Notwithstanding the provisions | ||||||
19 | of Section 140, the Secretary shall have the authority to | ||||||
20 | appoint any attorney duly licensed to practice law in this | ||||||
21 | State to serve as the hearing officer in any action for refusal | ||||||
22 | to issue or renew, or for discipline of, a license. The hearing | ||||||
23 | officer shall have full authority to conduct the hearing. The | ||||||
24 | hearing officer shall report his or her findings of fact, | ||||||
25 | conclusions of law, and recommendations to the Board and the |
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1 | Secretary. The Board shall have 60 days after receipt of the | ||||||
2 | report to review the report of the hearing officer and present | ||||||
3 | their findings of fact, conclusions of law, and | ||||||
4 | recommendations to the Secretary. If the Secretary disagrees | ||||||
5 | in any regard with the report of the Board or hearing officer, | ||||||
6 | he or she may issue an order in contravention thereof.
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7 | (Source: P.A. 102-683, eff. 10-1-22.) | ||||||
8 | (225 ILCS 64/160 rep.) | ||||||
9 | Section 10. The Licensed Certified Professional Midwife | ||||||
10 | Practice Act is amended by repealing Section 160.
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11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes | ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act. | ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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