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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | 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 | ||||||||||||||||||||||||||||||||
17 | midwifery, as defined in this Act. This Act shall be liberally | ||||||||||||||||||||||||||||||||
18 | construed to best carry out these purposes. | ||||||||||||||||||||||||||||||||
19 | Section 10. Exemptions. | ||||||||||||||||||||||||||||||||
20 | (a) This Act does not prohibit a person licensed under any | ||||||||||||||||||||||||||||||||
21 | other Act in this State from engaging in the practice for which | ||||||||||||||||||||||||||||||||
22 | he or she is licensed or from delegating services as provided |
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1 | for under that other Act. | ||||||
2 | (b) Nothing in this Act shall be construed to prohibit or | ||||||
3 | require licensing under this Act, with regard to: | ||||||
4 | (1) the gratuitous rendering of services; | ||||||
5 | (2) the rendering of services by a person, if such | ||||||
6 | attendance is in accordance with the person's religious | ||||||
7 | faith and is rendered to persons with a similar religious | ||||||
8 | faith as an exercise and enjoyment of their religious | ||||||
9 | freedom; and | ||||||
10 | (3) a student midwife working under the direction of a | ||||||
11 | licensed midwife. | ||||||
12 | Section 15. Definitions. In this Act:
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13 | "Board" means the Illinois Midwifery Board. | ||||||
14 | "Certified professional midwife" means a person who has met | ||||||
15 | the standards for certification set by the North American | ||||||
16 | Registry of Midwives or a successor organization and has been | ||||||
17 | awarded the Certified Professional Midwife (CPM) credential. | ||||||
18 | "Collaboration" means a process involving 2 or more health | ||||||
19 | care professionals working together, each contributing one's | ||||||
20 | respective area of expertise to provide more comprehensive | ||||||
21 | patient care. | ||||||
22 | "Consultation" means the process whereby a licensed | ||||||
23 | midwife seeks the advice or opinion of another health care | ||||||
24 | professional.
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25 | "Department" means the Department of Financial and |
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1 | Professional Regulation. | ||||||
2 | "Licensed midwife" means a person who has been granted a | ||||||
3 | license under this Act to engage in the practice of midwifery. | ||||||
4 | "National Association of Certified Professional Midwives" | ||||||
5 | or "NACPM" means the professional organization, or its | ||||||
6 | successor, that promotes the growth and development of the | ||||||
7 | profession of certified professional midwives. | ||||||
8 | "North American Registry of Midwives" or "NARM" means the | ||||||
9 | accredited international agency, or its successor, that has | ||||||
10 | established and has continued to administer certification for | ||||||
11 | the credentialing of certified professional midwives. | ||||||
12 | "Practice of midwifery" means providing the necessary | ||||||
13 | supervision, care, education, and advice to women during the | ||||||
14 | antepartum, intrapartum, and postpartum period, conducting | ||||||
15 | deliveries independently, and caring for the newborn, with such | ||||||
16 | care including without limitation preventative measures, the | ||||||
17 | detection of abnormal conditions in the mother and the child, | ||||||
18 | the procurement of medical assistance, and the execution of | ||||||
19 | emergency measures in the absence of medical help. "Practice of | ||||||
20 | midwifery" includes non-prescriptive family planning. | ||||||
21 | "Secretary" means the Secretary of Financial and | ||||||
22 | Professional Regulation.
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23 | "Written collaborative agreement" means a written | ||||||
24 | agreement between a
licensed midwife and a collaborating | ||||||
25 | physician or advanced practice nurse.
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1 | Section 20. Unlicensed practice. Beginning January 1, | ||||||
2 | 2013, no person may practice, attempt to practice, or hold | ||||||
3 | himself or herself out to practice as a licensed midwife unless | ||||||
4 | he or she is licensed as a midwife under this Act.
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5 | Section 25. Title.
A licensed midwife may identify himself | ||||||
6 | or herself as a Licensed Midwife or a Licensed Home Birth | ||||||
7 | Midwife and may use the abbreviation L.M. | ||||||
8 | Section 30. Informed consent. | ||||||
9 | (a) A licensed midwife shall, at an initial consultation | ||||||
10 | with a client, provide a copy of the rules under this Act and | ||||||
11 | disclose to the client orally and in writing all of the | ||||||
12 | following: | ||||||
13 | (1) The licensed midwife's experience and training. | ||||||
14 | (2) Whether the licensed midwife has malpractice | ||||||
15 | liability insurance coverage and the policy limits of any | ||||||
16 | such coverage. | ||||||
17 | (3) A written protocol for the handling of medical | ||||||
18 | emergencies, including transportation to a hospital, | ||||||
19 | particular to each client. | ||||||
20 | (4) A notice that the client must obtain a physical | ||||||
21 | examination from a physician licensed to practice medicine | ||||||
22 | in all its branches, doctor of osteopathy, physician | ||||||
23 | assistant, or advanced practice nurse. | ||||||
24 | (b) A copy of the informed consent document, signed and |
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1 | dated by the client, must be kept in each client's chart.
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2 | Section 33. Vicarious liability. No physician licensed to | ||||||
3 | practice medicine in all its branches or advanced practice | ||||||
4 | nurse shall be held liable for an injury solely resulting from | ||||||
5 | an act or omission by a licensed midwife occurring outside of a | ||||||
6 | hospital, doctor's office or health care facility.
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7 | Except as may otherwise be provided by law, nothing in this | ||||||
8 | Section shall exempt any physician licensed to practice | ||||||
9 | medicine in all its branches or advanced practice nurse from | ||||||
10 | liability for his or her own negligent, grossly negligent, or | ||||||
11 | willful or wanton acts or omissions. | ||||||
12 | Section 35. Advertising. | ||||||
13 | (a) Any person licensed under this Act may advertise the | ||||||
14 | availability of professional midwifery services in the public | ||||||
15 | media or on premises where professional services are rendered, | ||||||
16 | if the advertising is truthful and not misleading and is in | ||||||
17 | conformity with any rules regarding the practice of a licensed | ||||||
18 | midwife.
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19 | (b) A licensee must include in every advertisement for | ||||||
20 | midwifery services regulated under this Act his or her title as | ||||||
21 | it appears on the license or the initials authorized under this | ||||||
22 | Act.
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23 | Section 40. Powers and duties of the Department; rules. |
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1 | (a) The Department shall exercise the powers and duties | ||||||
2 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
3 | administration of licensing Acts and shall exercise such other | ||||||
4 | powers and duties necessary for effectuating the purposes of | ||||||
5 | this Act. | ||||||
6 | (b) The Secretary shall adopt rules consistent with the | ||||||
7 | provisions of this Act for the administration and enforcement | ||||||
8 | of the Act and for the payment of fees connected to the Act and | ||||||
9 | may prescribe forms that shall be issued in connection with the | ||||||
10 | Act. The rules shall include, but not be limited to, the | ||||||
11 | following: | ||||||
12 | (1) With regard to testing, care, and screening, a | ||||||
13 | licensed midwife shall: | ||||||
14 | (A) offer each client routine prenatal care and | ||||||
15 | testing in accordance with current American College of
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16 | Obstetricians and Gynecologists guidelines;
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17 | (B) provide all clients with a plan for 24-hour | ||||||
18 | on-call availability by a licensed midwife, certified | ||||||
19 | nurse-midwife, or licensed physician throughout | ||||||
20 | pregnancy, intrapartum, and 6 weeks postpartum; | ||||||
21 | (C) provide clients with labor support, fetal | ||||||
22 | monitoring, and routine assessment of vital signs once | ||||||
23 | active labor is established; | ||||||
24 | (D) supervise delivery of infant and placenta, | ||||||
25 | assess newborn and maternal well-being in immediate | ||||||
26 | postpartum, and perform Apgar scores; |
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1 | (E) administer, if necessary, oxytoxin (Pitocin) | ||||||
2 | solely as an anti-hemorrhagic agent, oxygen and | ||||||
3 | intravenous fluids for stabilization, and other drugs | ||||||
4 | or procedures as determined by the Department; | ||||||
5 | (F) perform routine cord management and inspect | ||||||
6 | for the appropriate number of vessels; | ||||||
7 | (G) inspect the placenta and membranes for | ||||||
8 | completeness; | ||||||
9 | (H) inspect the perineum and vagina postpartum for | ||||||
10 | lacerations and stabilize;
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11 | (I) observe mother and newborn postpartum until | ||||||
12 | stable condition is achieved, but in no event for less | ||||||
13 | than 2 hours; | ||||||
14 | (J) instruct the mother, father, and other support | ||||||
15 | persons, both verbally and in writing, of the special | ||||||
16 | care and precautions for both mother and newborn in the | ||||||
17 | immediate postpartum period; | ||||||
18 | (K) reevaluate maternal and newborn well-being | ||||||
19 | within 36 hours after delivery.
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20 | (L) use universal precautions with all biohazard | ||||||
21 | materials; | ||||||
22 | (M) ensure that a birth certificate is accurately | ||||||
23 | completed and filed in accordance with State law; | ||||||
24 | (N) offer to obtain and submit a blood sample, in | ||||||
25 | accordance with the recommendations for metabolic | ||||||
26 | screening of the newborn; |
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1 | (O) offer an injection of vitamin K for the | ||||||
2 | newborn, in accordance with the indication, dose, and | ||||||
3 | administration route set by the Department in rules. | ||||||
4 | (P) within one week after delivery, offer a newborn | ||||||
5 | hearing screening to every newborn or refer the parents | ||||||
6 | to a facility with a newborn hearing screening program; | ||||||
7 | (Q) within 2 hours after the birth, offer the | ||||||
8 | administration of anti-biotic ointment into the eyes | ||||||
9 | of the newborn, in accordance with State law on the | ||||||
10 | prevention of infant blindness; and | ||||||
11 | (R) maintain adequate antenatal and perinatal | ||||||
12 | records of each client and provide records to | ||||||
13 | consulting licensed physicians and licensed certified | ||||||
14 | nurse-midwives, in accordance with the federal Health | ||||||
15 | Insurance Portability and Accountability Act. | ||||||
16 | (2) With regard to collaboration, a licensed midwife | ||||||
17 | must form a written collaborative agreement with a medical | ||||||
18 | doctor or doctor of osteopathy licensed under the Medical | ||||||
19 | Practice Act of 1987 or with a certified nurse midwife | ||||||
20 | licensed as an advanced practice nurse under the Nurse | ||||||
21 | Practice Act. This agreement must: | ||||||
22 | (A) include documented quarterly review of all | ||||||
23 | clients under the care of the licensed midwife; | ||||||
24 | (B) include written protocols and procedures for | ||||||
25 | assessing risk and appropriateness for homebirth, | ||||||
26 | provide supportive care when care is transferred to |
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1 | another provider, if possible; and | ||||||
2 | (C) consider the standards regarding practice of | ||||||
3 | midwifery established by the National Association of | ||||||
4 | Certified Professional Midwives, including referral of | ||||||
5 | mother or baby to appropriate professionals when | ||||||
6 | either needs care outside the midwife's scope of | ||||||
7 | practice or expertise. | ||||||
8 | Collaboration does not require an employment | ||||||
9 | relationship between the collaborating physician or | ||||||
10 | certified nurse-midwife. Absent an employment | ||||||
11 | relationship, an agreement may not restrict the categories | ||||||
12 | of patients or third-party payment sources accepted by the | ||||||
13 | licensed midwife. | ||||||
14 | Nothing in this Act shall be construed to limit | ||||||
15 | delegation of tasks or duties by a physician or certified | ||||||
16 | nurse-midwife to a licensed midwife in accordance with | ||||||
17 | Section 54.2 of the Medical Practice Act of 1987 and | ||||||
18 | subsection (b) of Section 50-75 of the Nurse Practice Act. | ||||||
19 | Nothing in this Act shall be construed to limit the method | ||||||
20 | of delegation that may be authorized by any means, | ||||||
21 | including, but not limited to, oral, written, electronic, | ||||||
22 | standing orders, protocols, guidelines, or verbal orders. | ||||||
23 | This relationship must not be construed to necessarily | ||||||
24 | require the personal presence of the collaborating care | ||||||
25 | provider at all times at the place where services are | ||||||
26 | rendered, as long as there is communication available for |
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1 | consultation by radio, telephone, Internet, or | ||||||
2 | telecommunications. | ||||||
3 | A copy of the signed, written collaborative agreement | ||||||
4 | must be available to the Department upon request from both | ||||||
5 | the licensed midwife and the collaborating physician or | ||||||
6 | certified nurse-midwife. | ||||||
7 | If a licensed midwife makes 10 failed attempts, | ||||||
8 | documented by certified mail, to secure a written | ||||||
9 | collaborative agreement, then he or she may practice | ||||||
10 | unencumbered.
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11 | (3) With regard to prohibited practices, a licensed | ||||||
12 | midwife may not do any of the following:
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13 | (A) Administer prescription pharmacological agents | ||||||
14 | intended to induce or augment labor. | ||||||
15 | (B) Administer prescription pharmacological agents | ||||||
16 | to provide pain management. | ||||||
17 | (C) Use vacuum extractors or forceps. | ||||||
18 | (D) Prescribe medications. | ||||||
19 | (E) Perform major surgical procedures including, | ||||||
20 | but not limited to, abortions, cesarean sections, and | ||||||
21 | circumcisions. | ||||||
22 | (c) The Department shall consult with the Board in adopting | ||||||
23 | rules. Notice of proposed rulemaking shall be transmitted to | ||||||
24 | the Board and the Department shall review the Board's response | ||||||
25 | and any recommendations made. The Department shall notify the | ||||||
26 | Board in writing with proper explanation of deviations from the |
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1 | Board's recommendations and responses. | ||||||
2 | (d) The Department may at any time seek the advice and the | ||||||
3 | expert knowledge of the Board on any matter relating to the | ||||||
4 | administration of this Act. | ||||||
5 | (e) The Department shall issue quarterly a report to the | ||||||
6 | Board of the status of all complaints related to the profession | ||||||
7 | filed with the Department. | ||||||
8 | (f) Administration by the Department of this Act must be | ||||||
9 | consistent with standards regarding the practice of midwifery | ||||||
10 | established by the National Association of Certified | ||||||
11 | Professional Midwives or a successor organization whose | ||||||
12 | essential documents include without limitation subject matter | ||||||
13 | concerning scope of practice, standards of practice, informed | ||||||
14 | consent, appropriate consultation, collaboration or referral,
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15 | and acknowledgement of a woman's right to self determination | ||||||
16 | concerning her maternity care. | ||||||
17 | Section 45. Illinois Midwifery Board.
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18 | (a) There is created under the authority of the Department | ||||||
19 | the Illinois Midwifery Board, which shall consist of 7 members | ||||||
20 | appointed by the Secretary, 4 of whom shall be licensed | ||||||
21 | midwives who carry the CPM credential, except that initial | ||||||
22 | appointees must have at least 3 years of experience in the | ||||||
23 | practice of midwifery in an out-of-hospital setting, be | ||||||
24 | certified by the North American Registry of Midwives, and meet | ||||||
25 | the qualifications for licensure set forth in this Act; one of |
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1 | whom shall be an obstetrician or a family practice physician | ||||||
2 | licensed under the Medical Practice Act of 1987 who has a | ||||||
3 | minimum of 2 years of experience providing home birth services | ||||||
4 | or consulting with home birth providers; one of whom shall be a | ||||||
5 | certified nurse midwife who has at least 2 years of experience | ||||||
6 | in providing home birth services; and one of whom shall be a | ||||||
7 | knowledgeable public member who has given birth with the | ||||||
8 | assistance of a certified professional midwife in an | ||||||
9 | out-of-hospital birth setting. Board members shall serve | ||||||
10 | 4-year terms, except that in the case of initial appointments, | ||||||
11 | terms shall be staggered as follows: 3 members shall serve for | ||||||
12 | 4 years, 2 members shall serve for 3 years, and 2 members shall | ||||||
13 | serve for 2 years. The Board shall annually elect a chairperson | ||||||
14 | and vice chairperson. | ||||||
15 | (b) Any appointment made to fill a vacancy shall be for the | ||||||
16 | unexpired portion of the term. Appointments to fill vacancies | ||||||
17 | shall be made in the same manner as original appointments. No | ||||||
18 | Board member may be reappointed for a term that would cause his | ||||||
19 | or her continuous service on the Board to exceed 9 years. | ||||||
20 | (c) Board membership must have reasonable representation | ||||||
21 | from different geographic areas of this State. | ||||||
22 | (d) The members of the Board shall be reimbursed for all | ||||||
23 | legitimate, necessary, and authorized expenses incurred in | ||||||
24 | attending the meetings of the Board.
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25 | (e) The Secretary may remove any member for cause at any | ||||||
26 | time prior to the expiration of his or her term.
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1 | (f) Four Board members shall constitute a quorum. A vacancy | ||||||
2 | in the membership of the Board shall not impair the right of a | ||||||
3 | quorum to perform all of the duties of the Board.
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4 | (g) The Board shall provide the Department with | ||||||
5 | recommendations concerning the administration of this Act and | ||||||
6 | perform each of the following duties: | ||||||
7 | (1) Recommend to the Department the prescription and, | ||||||
8 | from time to time, the revision of any rules that may be | ||||||
9 | necessary to carry out the provisions of this Act, | ||||||
10 | including those that are designed to protect the health, | ||||||
11 | safety, and welfare of the public. | ||||||
12 | (2) Conduct hearings and disciplinary conferences on | ||||||
13 | disciplinary charges of licensees. | ||||||
14 | (3) Report to the Department, upon completion of a | ||||||
15 | hearing, the disciplinary actions recommended to be taken | ||||||
16 | against a person found in violation of this Act.
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17 | (4) Recommend the approval, denial of approval, and | ||||||
18 | withdrawal of approval of required education and | ||||||
19 | continuing educational programs.
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20 | (h) The Secretary shall give due consideration to all | ||||||
21 | recommendations of the Board. If the Secretary takes action | ||||||
22 | contrary to a recommendation of the Board, the Secretary must | ||||||
23 | promptly provide a written explanation of that action. | ||||||
24 | (i) The Board may recommend to the Secretary that one or | ||||||
25 | more licensed midwives be selected by the Secretary to assist | ||||||
26 | in any investigation under this Act. Compensation shall be |
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1 | provided to any licensee who provides assistance under this | ||||||
2 | subsection (i), in an amount determined by the Secretary.
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3 | (j) Members of the Board shall be immune from suit in an | ||||||
4 | action based upon a disciplinary proceeding or other activity | ||||||
5 | performed in good faith as a member of the Board, except for | ||||||
6 | willful or wanton misconduct.
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7 | Section 50. Qualifications. | ||||||
8 | (a) A person is qualified for licensure as a midwife if | ||||||
9 | that person meets each of the following qualifications: | ||||||
10 | (1) He or she has earned an associate's degree or | ||||||
11 | higher, or the equivalent of an associate's degree or | ||||||
12 | higher, in either nursing or midwifery from an accredited | ||||||
13 | post-secondary institution or has earned a general | ||||||
14 | associates degree or its equivalent, including completion | ||||||
15 | of all of the following coursework from an accredited | ||||||
16 | post-secondary institution in the following denominations: | ||||||
17 | (A) Laboratory Science (must include coursework in | ||||||
18 | Anatomy and Physiology and Microbiology): 12 credit hours. | ||||||
19 | (B) English or Communications: 6 credit hours. | ||||||
20 | (C) Social and Behavioral Science (Sociology and | ||||||
21 | Psychology): 6 credit hours. | ||||||
22 | (D) Math: 3 credit hours. | ||||||
23 | (E) Nutrition: 3 credit hours. | ||||||
24 | (F) Pharmacology: 3 credit hours.
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25 | (2) He or she has successfully completed a program of |
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1 | midwifery education approved by the North American | ||||||
2 | Registry of Midwives that includes both didactic and | ||||||
3 | clinical internship experience, the sum of which, on | ||||||
4 | average, takes 3 to 5 years to complete. | ||||||
5 | (3) He or she has passed a written and practical skills | ||||||
6 | examination for the practice of midwifery that has been | ||||||
7 | developed following the standards set by the National | ||||||
8 | Commission for Certifying Agencies or a successor | ||||||
9 | organization and is administered by the North American | ||||||
10 | Registry of Midwives. | ||||||
11 | (4) He or she holds a valid CPM credential granted by | ||||||
12 | the North American Registry of Midwives.
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13 | (b) Before March 1, 2013, a person seeking licensure as a | ||||||
14 | licensed midwife who has not met the educational requirements | ||||||
15 | set forth in this Section shall be qualified for licensure if | ||||||
16 | that person does all of the following: | ||||||
17 | (1) Submits evidence of having successfully passed the | ||||||
18 | national certification exam described in subsection (a) of | ||||||
19 | this Section prior to January 1, 2006. | ||||||
20 | (2) Submits evidence of current certification in adult | ||||||
21 | CPR and in neonatal resuscitation. | ||||||
22 | (3) Has continually maintained active, up-to-date | ||||||
23 | recertification status as a certified professional midwife | ||||||
24 | with the North American Registry of Midwives. | ||||||
25 | (4) Submits evidence of practice for at least 5 years | ||||||
26 | as a midwife delivering in an out-of-hospital setting. |
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1 | (c) Nothing used in submitting evidence of practice of | ||||||
2 | midwifery when applying for licensure under this Act shall be | ||||||
3 | used as evidence or to take legal action against the applicant | ||||||
4 | regarding the practice of midwifery, nursing, or medicine prior | ||||||
5 | to the passage of this Act. | ||||||
6 | Section 55. Social Security Number on application. In | ||||||
7 | addition to any other information required to be contained in | ||||||
8 | the application, every application for an original, renewal, | ||||||
9 | reinstated, or restored license under this Act shall include | ||||||
10 | the applicant's Social Security Number. | ||||||
11 | Section 60. Continuing education. | ||||||
12 | (a) The Department shall require all licensed midwives to | ||||||
13 | submit proof of the completion of at least 25 hours of | ||||||
14 | continuing education in classes approved by the North American | ||||||
15 | Registry of Midwives and 5 hours of peer review per 3-year | ||||||
16 | license renewal cycle.
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17 | (b) Rules adopted under this Act shall require the licensed | ||||||
18 | midwife to maintain CPM certification by meeting all the | ||||||
19 | requirements set forth by the North American Registry of | ||||||
20 | Midwives or its successor.
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21 | (c) Each licensee is responsible for maintaining records of | ||||||
22 | completion of continuing education and shall be prepared to | ||||||
23 | produce the records when requested by the Department.
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1 | Section 65. Inactive status. | ||||||
2 | (a) A licensed midwife who notifies the Department in | ||||||
3 | writing on forms prescribed by the Department may elect to | ||||||
4 | place his or her license on an inactive status and shall be | ||||||
5 | excused from payment of renewal fees until he or she notifies | ||||||
6 | the Department in writing of his or her intent to restore the | ||||||
7 | license.
| ||||||
8 | (b) A licensed midwife whose license is on inactive status | ||||||
9 | may not practice licensed midwifery in the State of Illinois.
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10 | (c) A licensed midwife requesting restoration from | ||||||
11 | inactive status shall be required to pay the current renewal | ||||||
12 | fee and to restore his or her license, as provided by the | ||||||
13 | Department.
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14 | (d) Any licensee who engages in the practice of midwifery | ||||||
15 | while his or her license is lapsed or on inactive status shall | ||||||
16 | be considered to be practicing without a license, which shall | ||||||
17 | be grounds for discipline.
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18 | Section 70. Renewal, reinstatement, or restoration of | ||||||
19 | licensure; military service. | ||||||
20 | (a) The expiration date and renewal period for each license | ||||||
21 | issued under this Act shall be set by the Department.
| ||||||
22 | (b) All renewal applicants shall provide proof of having | ||||||
23 | met the requirements of continuing education set forth by the | ||||||
24 | North American Registry of Midwives or its successor. The | ||||||
25 | Department shall provide for an orderly process for the |
| |||||||
| |||||||
1 | reinstatement of licenses that have not been renewed due to | ||||||
2 | failure to meet continuing education requirements.
| ||||||
3 | (c) Any licensed midwife who has permitted his or her | ||||||
4 | license to expire or who has had his or her license on inactive | ||||||
5 | status may have his or her license restored by making | ||||||
6 | application to the Department and filing proof acceptable to | ||||||
7 | the Department of fitness to have the license restored and by | ||||||
8 | paying the required fees. Proof of fitness may include evidence | ||||||
9 | attesting to active lawful practice in another jurisdiction.
| ||||||
10 | (d) The Department shall determine, by an evaluation | ||||||
11 | program, fitness for restoration of a license under this | ||||||
12 | Section and shall establish procedures and requirements for | ||||||
13 | restoration.
| ||||||
14 | (e) Any licensed midwife whose license expired while he or | ||||||
15 | she was (i) in federal service on active duty with the Armed | ||||||
16 | Forces of the United States or the State Militia and called | ||||||
17 | into service or training or (ii) or received education under | ||||||
18 | the supervision of the United States preliminary to induction | ||||||
19 | into the military service may have his or her license restored | ||||||
20 | without paying any lapsed renewal fees, if, within 2 years | ||||||
21 | after honorable termination of service, training, or | ||||||
22 | education, he or she furnishes the Department with satisfactory | ||||||
23 | evidence to the effect that he or she has been so engaged.
| ||||||
24 | Section 75. Roster. The Department shall maintain a roster | ||||||
25 | of the names and addresses of all licensees and of all persons |
| |||||||
| |||||||
1 | whose licenses have been suspended or revoked. This roster | ||||||
2 | shall be available upon written request and payment of the | ||||||
3 | required fee. | ||||||
4 | Section 80. Fees. | ||||||
5 | (a) The Department shall provide for a schedule of fees for | ||||||
6 | the administration and enforcement of this Act, including | ||||||
7 | without limitation original licensure, renewal, and | ||||||
8 | restoration, which fees shall be nonrefundable.
| ||||||
9 | (b) All fees collected under this Act shall be deposited | ||||||
10 | into the General Professions Dedicated Fund and appropriated to | ||||||
11 | the Department for the ordinary and contingent expenses of the | ||||||
12 | Department in the administration of this Act.
| ||||||
13 | Section 85. Returned checks; fines. Any person who delivers | ||||||
14 | a check or other payment to the Department that is returned to | ||||||
15 | the Department unpaid by the financial institution upon which | ||||||
16 | it is drawn shall pay to the Department, in addition to the | ||||||
17 | amount already owed to the Department, a fine of $50. The fines | ||||||
18 | imposed by this Section are in addition to any other discipline | ||||||
19 | provided under this Act for unlicensed practice or practice on | ||||||
20 | a non-renewed license. The Department shall notify the person | ||||||
21 | that fees and fines shall be paid to the Department by | ||||||
22 | certified check or money order within 30 calendar days after | ||||||
23 | the notification. If, after the expiration of 30 days from the | ||||||
24 | date of the notification, the person has failed to submit the |
| |||||||
| |||||||
1 | necessary remittance, the Department shall automatically | ||||||
2 | terminate the license or deny the application, without hearing. | ||||||
3 | If, after termination or denial, the person seeks a license, he | ||||||
4 | or she shall apply to the Department for restoration or | ||||||
5 | issuance of the license and pay all fees and fines due to the | ||||||
6 | Department. The Department may establish a fee for the | ||||||
7 | processing of an application for restoration of a license to | ||||||
8 | defray all expenses of processing the application. The | ||||||
9 | Secretary may waive the fines due under this Section in | ||||||
10 | individual cases where the Secretary finds that the fines would | ||||||
11 | be unreasonable or unnecessarily burdensome. | ||||||
12 | Section 90. Unlicensed practice; civil penalty. Any person | ||||||
13 | who practices, offers to practice, attempts to practice, or | ||||||
14 | holds himself or herself out to practice midwifery or as a | ||||||
15 | midwife without being licensed under this Act shall, in | ||||||
16 | addition to any other penalty provided by law, pay a civil | ||||||
17 | penalty to the Department in an amount not to exceed $5,000 for | ||||||
18 | each offense, as determined by the Department. The civil | ||||||
19 | penalty shall be assessed by the Department after a hearing is | ||||||
20 | held in accordance with the provisions set forth in this Act | ||||||
21 | regarding the provision of a hearing for the discipline of a | ||||||
22 | licensee.
The civil penalty shall be paid within 60 days after | ||||||
23 | the effective date of the order imposing the civil penalty. The | ||||||
24 | order shall constitute a judgment and may be filed and | ||||||
25 | execution had thereon in the same manner as any judgment from |
| |||||||
| |||||||
1 | any court of record.
The Department may investigate any | ||||||
2 | unlicensed activity. | ||||||
3 | Section 95. Grounds for disciplinary action. | ||||||
4 | (a) The Department may refuse to issue or to renew or may | ||||||
5 | revoke, suspend, place on probation, reprimand or take other | ||||||
6 | disciplinary action as the Department may deem proper, | ||||||
7 | including fines not to exceed $5,000 for each violation, with | ||||||
8 | regard to any licensee or license for any one or combination of | ||||||
9 | the following causes: | ||||||
10 | (1) Violations of this Act or its rules.
| ||||||
11 | (2) Material misstatement in furnishing information to | ||||||
12 | the Department.
| ||||||
13 | (3) Conviction of any crime under the laws of any U.S. | ||||||
14 | jurisdiction that is (i) a felony, (ii) a misdemeanor, an | ||||||
15 | essential element of which is dishonesty, or (iii) directly | ||||||
16 | related to the practice of the profession.
| ||||||
17 | (4) Making any misrepresentation for the purpose of | ||||||
18 | obtaining a license.
| ||||||
19 | (5) Professional incompetence or gross negligence.
| ||||||
20 | (6) Gross malpractice.
| ||||||
21 | (7) Aiding or assisting another person in violating any | ||||||
22 | provision of this Act or its rules.
| ||||||
23 | (8) Failing to provide information within 60 days in | ||||||
24 | response to a written request made by the Department.
| ||||||
25 | (9) Engaging in dishonorable, unethical, or |
| |||||||
| |||||||
1 | unprofessional conduct of a character likely to deceive, | ||||||
2 | defraud, or harm the public.
| ||||||
3 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics, stimulants, or any other chemical agent or drug | ||||||
5 | that results in the inability to practice with reasonable | ||||||
6 | judgment, skill, or safety.
| ||||||
7 | (11) Discipline by another U.S. jurisdiction or | ||||||
8 | foreign nation if at least one of the grounds for the | ||||||
9 | discipline is the same or substantially equivalent to those | ||||||
10 | set forth in this Act.
| ||||||
11 | (12) Directly or indirectly giving to or receiving from | ||||||
12 | any person, firm, corporation, partnership, or association | ||||||
13 | any fee, commission, rebate, or other form of compensation | ||||||
14 | for any professional services not actually or personally | ||||||
15 | rendered. This shall not be deemed to include rent or other | ||||||
16 | remunerations paid to an individual, partnership, or | ||||||
17 | corporation by a licensed midwife for the lease, rental, or | ||||||
18 | use of space, owned or controlled by the individual, | ||||||
19 | partnership, corporation, or association.
| ||||||
20 | (13) A finding by the Department that the licensee, | ||||||
21 | after having his or her license placed on probationary | ||||||
22 | status, has violated the terms of probation.
| ||||||
23 | (14) Abandonment of a patient without cause.
| ||||||
24 | (15) Willfully making or filing false records or | ||||||
25 | reports relating to a licensee's practice, including, but | ||||||
26 | not limited to, false records filed with State agencies or |
| |||||||
| |||||||
1 | departments.
| ||||||
2 | (16) Physical illness or mental illness, including, | ||||||
3 | but not limited to, deterioration through the aging process | ||||||
4 | or loss of motor skill that results in the inability to | ||||||
5 | practice the profession with reasonable judgment, skill, | ||||||
6 | or safety.
| ||||||
7 | (17) Failure to provide a patient with a copy of his or | ||||||
8 | her record upon the written request of the patient.
| ||||||
9 | (18) Conviction by any court of competent | ||||||
10 | jurisdiction, either within or without this State, of any | ||||||
11 | violation of any law governing the practice of licensed | ||||||
12 | midwifery or conviction in this or another state of any | ||||||
13 | crime that is a felony under the laws of this State or | ||||||
14 | conviction of a felony in a federal court, if the | ||||||
15 | Department determines, after investigation, that the | ||||||
16 | person has not been sufficiently rehabilitated to warrant | ||||||
17 | the public trust.
| ||||||
18 | (19) A finding that licensure has been applied for or | ||||||
19 | obtained by fraudulent means.
| ||||||
20 | (20) Being named as a perpetrator in an indicated | ||||||
21 | report by the Department of Healthcare and Family Services | ||||||
22 | under the Abused and Neglected Child Reporting Act and upon | ||||||
23 | proof by clear and convincing evidence that the licensee | ||||||
24 | has caused a child to be an abused child or a neglected | ||||||
25 | child, as defined in the Abused and Neglected Child | ||||||
26 | Reporting Act.
|
| |||||||
| |||||||
1 | (21) Practicing or attempting to practice under a name | ||||||
2 | other than the full name shown on a license issued under | ||||||
3 | this Act.
| ||||||
4 | (22) Immoral conduct in the commission of any act, such | ||||||
5 | as sexual abuse, sexual misconduct, or sexual | ||||||
6 | exploitation, related to the licensee's practice.
| ||||||
7 | (23) Maintaining a professional relationship with any | ||||||
8 | person, firm, or corporation when the licensed midwife | ||||||
9 | knows or should know that a person, firm, or corporation is | ||||||
10 | violating this Act.
| ||||||
11 | (24) Failure to provide satisfactory proof of having | ||||||
12 | participated in approved continuing education programs as | ||||||
13 | determined by the Board and approved by the Secretary. | ||||||
14 | Exceptions for extreme hardships are to be defined by the | ||||||
15 | Department.
| ||||||
16 | (b) The Department may refuse to issue or may suspend the | ||||||
17 | license of any person who fails to (i) file a tax return or to | ||||||
18 | pay the tax, penalty, or interest shown in a filed return or | ||||||
19 | (ii) pay any final assessment of the tax, penalty, or interest, | ||||||
20 | as required by any tax Act administered by the Illinois | ||||||
21 | Department of Revenue, until the time that the requirements of | ||||||
22 | that tax Act are satisfied.
| ||||||
23 | (c) The determination by a circuit court that a licensee is | ||||||
24 | subject to involuntary admission or judicial admission as | ||||||
25 | provided in the Mental Health and Developmental Disabilities | ||||||
26 | Code operates as an automatic suspension. The suspension shall |
| |||||||
| |||||||
1 | end only upon a finding by a court that the patient is no | ||||||
2 | longer subject to involuntary admission or judicial admission, | ||||||
3 | the issuance of an order so finding and discharging the | ||||||
4 | patient, and the recommendation of the Board to the Secretary | ||||||
5 | that the licensee be allowed to resume his or her practice.
| ||||||
6 | (d) In enforcing this Section, the Department, upon a | ||||||
7 | showing of a possible violation, may compel any person licensed | ||||||
8 | to practice under this Act or who has applied for licensure or | ||||||
9 | certification pursuant to this Act to submit to a mental or | ||||||
10 | physical examination, or both, as required by and at the | ||||||
11 | expense of the Department. The examining physicians shall be | ||||||
12 | those specifically designated by the Department. The | ||||||
13 | Department may order an examining physician to present | ||||||
14 | testimony concerning the mental or physical examination of the | ||||||
15 | licensee or applicant. No information shall be excluded by | ||||||
16 | reason of any common law or statutory privilege relating to | ||||||
17 | communications between the licensee or applicant and the | ||||||
18 | examining physician. The person to be examined may have, at his | ||||||
19 | or her own expense, another physician of his or her choice | ||||||
20 | present during all aspects of the examination. Failure of any | ||||||
21 | person to submit to a mental or physical examination when | ||||||
22 | directed shall be grounds for suspension of a license until the | ||||||
23 | person submits to the examination if the Department finds, | ||||||
24 | after notice and hearing, that the refusal to submit to the | ||||||
25 | examination was without reasonable cause.
| ||||||
26 | If the Department finds an individual unable to practice |
| |||||||
| |||||||
1 | because of the reasons set forth in this subsection (d), the | ||||||
2 | Department may require that individual to submit to care, | ||||||
3 | counseling, or treatment by physicians approved or designated | ||||||
4 | by the Department, as a condition, term, or restriction for | ||||||
5 | continued, reinstated, or renewed licensure to practice or, in | ||||||
6 | lieu of care, counseling, or treatment, the Department may file | ||||||
7 | a complaint to immediately suspend, revoke, or otherwise | ||||||
8 | discipline the license of the individual.
Any person whose | ||||||
9 | license was granted, reinstated, renewed, disciplined, or | ||||||
10 | supervised subject to such terms, conditions, or restrictions | ||||||
11 | and who fails to comply with such terms, conditions, or | ||||||
12 | restrictions shall be referred to the Secretary for a | ||||||
13 | determination as to whether or not the person shall have his or | ||||||
14 | her license suspended immediately, pending a hearing by the | ||||||
15 | Department.
| ||||||
16 | In instances in which the Secretary immediately suspends a | ||||||
17 | person's license under this Section, a hearing on that person's | ||||||
18 | license must be convened by the Department within 15 days after | ||||||
19 | the suspension and completed without appreciable delay. The | ||||||
20 | Department may review the person's record of treatment and | ||||||
21 | counseling regarding the impairment, to the extent permitted by | ||||||
22 | applicable federal statutes and regulations safeguarding the | ||||||
23 | confidentiality of medical records.
| ||||||
24 | A person licensed under this Act and affected under this | ||||||
25 | subsection (d) shall be afforded an opportunity to demonstrate | ||||||
26 | to the Department that he or she can resume practice in |
| |||||||
| |||||||
1 | compliance with acceptable and prevailing standards under the | ||||||
2 | provisions of his or her license.
| ||||||
3 | Section 100. Failure to pay restitution. The Department, | ||||||
4 | without further process or hearing, shall suspend the license | ||||||
5 | or other authorization to practice of any person issued under | ||||||
6 | this Act who has been certified by court order as not having | ||||||
7 | paid restitution to a person under Section 8A-3.5 of the | ||||||
8 | Illinois Public Aid Code or under Section 46-1 of the Criminal | ||||||
9 | Code of 1961. A person whose license or other authorization to | ||||||
10 | practice is suspended under this Section is prohibited from | ||||||
11 | practicing until restitution is made in full. | ||||||
12 | Section 105. Injunction; cease and desist order. | ||||||
13 | (a) If a person violates any provision of this Act, the | ||||||
14 | Secretary may, in the name of the People of the State of | ||||||
15 | Illinois, through the Attorney General or the State's Attorney | ||||||
16 | of any county in which the action is brought, petition for an | ||||||
17 | order enjoining the violation or enforcing compliance with this | ||||||
18 | Act. Upon the filing of a verified petition in court, the court | ||||||
19 | may issue a temporary restraining order, without notice or | ||||||
20 | bond, and may preliminarily and permanently enjoin the | ||||||
21 | violation. If it is established that the person has violated or | ||||||
22 | is violating the injunction, the court may punish the offender | ||||||
23 | for contempt of court. Proceedings under this Section shall be | ||||||
24 | in addition to, and not in lieu of, all other remedies and |
| |||||||
| |||||||
1 | penalties provided by this Act.
| ||||||
2 | (b) If any person practices as a licensed midwife or holds | ||||||
3 | himself or herself out as a licensed midwife without being | ||||||
4 | licensed under the provisions of this Act, then any licensed | ||||||
5 | midwife, any interested party, or any person injured thereby | ||||||
6 | may, in addition to the Secretary, petition for relief as | ||||||
7 | provided in subsection (a) of this Section.
| ||||||
8 | (c) Whenever, in the opinion of the Department, any person | ||||||
9 | violates any provision of this Act, the Department may issue a | ||||||
10 | rule to show cause why an order to cease and desist should not | ||||||
11 | be entered against that person. The rule shall clearly set | ||||||
12 | forth the grounds relied upon by the Department and shall | ||||||
13 | provide a period of 7 days after the date of the rule to file an | ||||||
14 | answer to the satisfaction of the Department. Failure to answer | ||||||
15 | to the satisfaction of the Department shall cause an order to | ||||||
16 | cease and desist to be issued immediately.
| ||||||
17 | Section 110. Violation; criminal penalty. | ||||||
18 | (a) Whoever knowingly practices or offers to practice | ||||||
19 | midwifery in this State without being licensed for that purpose | ||||||
20 | or exempt under this Act shall be guilty of a Class A | ||||||
21 | misdemeanor and, for each subsequent conviction, shall be | ||||||
22 | guilty of a Class 4 felony.
| ||||||
23 | (b) Notwithstanding any other provision of this Act, all | ||||||
24 | criminal fines, moneys, or other property collected or received | ||||||
25 | by the Department under this Section or any other State or |
| |||||||
| |||||||
1 | federal statute, including, but not limited to, property | ||||||
2 | forfeited to the Department under Section 505 of the Illinois | ||||||
3 | Controlled Substances Act or Section 85 of the Methamphetamine | ||||||
4 | Control and Community Protection Act, shall be deposited into | ||||||
5 | the Professional Regulation Evidence Fund.
| ||||||
6 | Section 115. Investigation; notice; hearing. The | ||||||
7 | Department may investigate the actions of any applicant or of | ||||||
8 | any person or persons holding or claiming to hold a license | ||||||
9 | under this Act. Before refusing to issue or to renew or taking | ||||||
10 | any disciplinary action regarding a license, the Department | ||||||
11 | shall, at least 30 days prior to the date set for the hearing, | ||||||
12 | notify in writing the applicant or licensee of the nature of | ||||||
13 | any charges and that a hearing shall be held on a date | ||||||
14 | designated. The Department shall direct the applicant or | ||||||
15 | licensee to file a written answer with the Board under oath | ||||||
16 | within 20 days after the service of the notice and inform the | ||||||
17 | applicant or licensee that failure to file an answer shall | ||||||
18 | result in default being taken against the applicant or licensee | ||||||
19 | and that the license may be suspended, revoked, or placed on | ||||||
20 | probationary status or that other disciplinary action may be | ||||||
21 | taken, including limiting the scope, nature, or extent of | ||||||
22 | practice, as the Secretary may deem proper. Written notice may | ||||||
23 | be served by personal delivery or certified or registered mail | ||||||
24 | to the respondent at the address of his or her last | ||||||
25 | notification to the Department. If the person fails to file an |
| |||||||
| |||||||
1 | answer after receiving notice, his or her license may, in the | ||||||
2 | discretion of the Department, be suspended, revoked, or placed | ||||||
3 | on probationary status, or the Department may take any | ||||||
4 | disciplinary action deemed proper, including limiting the | ||||||
5 | scope, nature, or extent of the person's practice or the | ||||||
6 | imposition of a fine, without a hearing, if the act or acts | ||||||
7 | charged constitute sufficient grounds for such action under | ||||||
8 | this Act. At the time and place fixed in the notice, the Board | ||||||
9 | shall proceed to hear the charges and the parties or their | ||||||
10 | counsel shall be accorded ample opportunity to present such | ||||||
11 | statements, testimony, evidence, and argument as may be | ||||||
12 | pertinent to the charges or to their defense. The Board may | ||||||
13 | continue a hearing from time to time. | ||||||
14 | Section 120. Formal hearing; preservation of record. The | ||||||
15 | Department, at its expense, shall preserve a record of all | ||||||
16 | proceedings at the formal hearing of any case. The notice of | ||||||
17 | hearing, complaint, and all other documents in the nature of | ||||||
18 | pleadings and written motions filed in the proceedings, the | ||||||
19 | transcript of testimony, the report of the Board or hearing | ||||||
20 | officer, and order of the Department shall be the record of the | ||||||
21 | proceeding. The Department shall furnish a transcript of the | ||||||
22 | record to any person interested in the hearing upon payment of | ||||||
23 | the fee required under Section 2105-115 of the Department of | ||||||
24 | Professional Regulation Law. |
| |||||||
| |||||||
1 | Section 125. Witnesses; production of documents; contempt. | ||||||
2 | Any circuit court may upon application of the Department or its | ||||||
3 | designee or of the applicant or licensee against whom | ||||||
4 | proceedings under Section 95 of this Act are pending, enter an | ||||||
5 | order requiring the attendance of witnesses and their testimony | ||||||
6 | and the production of documents, papers, files, books, and | ||||||
7 | records in connection with any hearing or investigation. The | ||||||
8 | court may compel obedience to its order by proceedings for | ||||||
9 | contempt. | ||||||
10 | Section 130. Subpoena; oaths. The Department shall have the | ||||||
11 | power to subpoena and bring before it any person in this State | ||||||
12 | and to take testimony either orally or by deposition or both | ||||||
13 | with the same fees and mileage and in the same manner as | ||||||
14 | prescribed in civil cases in circuit courts of this State.
The | ||||||
15 | Secretary, the designated hearing officer, and every member of | ||||||
16 | the Board has the power to administer oaths to witnesses at any | ||||||
17 | hearing that the Department is authorized to conduct and any | ||||||
18 | other oaths authorized in any Act administered by the | ||||||
19 | Department. Any circuit court may, upon application of the | ||||||
20 | Department or its designee or upon application of the person | ||||||
21 | against whom proceedings under this Act are pending, enter an | ||||||
22 | order requiring the attendance of witnesses and their | ||||||
23 | testimony, and the production of documents, papers, files, | ||||||
24 | books, and records in connection with any hearing or | ||||||
25 | investigation. The court may compel obedience to its order by |
| |||||||
| |||||||
1 | proceedings for contempt.
| ||||||
2 | Section 135. Findings of fact, conclusions of law, and | ||||||
3 | recommendations. At the conclusion of the hearing the Board | ||||||
4 | shall present to the Secretary a written report of its findings | ||||||
5 | of fact, conclusions of law, and recommendations. The report | ||||||
6 | shall contain a finding as to whether or not the accused person | ||||||
7 | violated this Act or failed to comply with the conditions | ||||||
8 | required under this Act. The Board shall specify the nature of | ||||||
9 | the violation or failure to comply and shall make its | ||||||
10 | recommendations to the Secretary.
| ||||||
11 | The report of findings of fact, conclusions of law, and | ||||||
12 | recommendations of the Board shall be the basis for the | ||||||
13 | Department's order. If the Secretary disagrees in any regard | ||||||
14 | with the report of the Board, the Secretary may issue an order | ||||||
15 | in contravention of the report. The finding is not admissible | ||||||
16 | in evidence against the person in a criminal prosecution | ||||||
17 | brought for the violation of this Act, but the hearing and | ||||||
18 | findings are not a bar to a criminal prosecution brought for | ||||||
19 | the violation of this Act.
| ||||||
20 | Section 140. Hearing officer. The Secretary may appoint any | ||||||
21 | attorney duly licensed to practice law in the State of Illinois | ||||||
22 | to serve as the hearing officer in any action for departmental | ||||||
23 | refusal to issue, renew, or license an applicant or for | ||||||
24 | disciplinary action against a licensee. The hearing officer |
| |||||||
| |||||||
1 | shall have full authority to conduct the hearing. The hearing | ||||||
2 | officer shall report his or her findings of fact, conclusions | ||||||
3 | of law, and recommendations to the Board and the Secretary. The | ||||||
4 | Board shall have 60 calendar days after receipt of the report | ||||||
5 | to review the report of the hearing officer and present its | ||||||
6 | findings of fact, conclusions of law, and recommendations to | ||||||
7 | the Secretary. If the Board fails to present its report within | ||||||
8 | the 60-day period, the Secretary may issue an order based on | ||||||
9 | the report of the hearing officer. If the Secretary disagrees | ||||||
10 | with the recommendation of the Board or the hearing officer, he | ||||||
11 | or she may issue an order in contravention of that | ||||||
12 | recommendation. | ||||||
13 | Section 145. Service of report; motion for rehearing. In | ||||||
14 | any case involving the discipline of a license, a copy of the | ||||||
15 | Board's report shall be served upon the respondent by the | ||||||
16 | Department, either personally or as provided in this Act for | ||||||
17 | the service of the notice of hearing. Within 20 days after the | ||||||
18 | service, the respondent may present to the Department a motion | ||||||
19 | in writing for a rehearing that shall specify the particular | ||||||
20 | grounds for rehearing. If no motion for rehearing is filed, | ||||||
21 | then upon the expiration of the time specified for filing a | ||||||
22 | motion, or if a motion for rehearing is denied, then upon the | ||||||
23 | denial, the Secretary may enter an order in accordance with | ||||||
24 | this Act. If the respondent orders from the reporting service | ||||||
25 | and pays for a transcript of the record within the time for |
| |||||||
| |||||||
1 | filing a motion for rehearing, the 20-day period within which | ||||||
2 | the motion may be filed shall commence upon the delivery of the | ||||||
3 | transcript to the respondent. | ||||||
4 | Section 150. Rehearing. Whenever the Secretary is | ||||||
5 | satisfied that substantial justice has not been done in the | ||||||
6 | revocation, suspension, or refusal to issue or renew a license, | ||||||
7 | the Secretary may order a rehearing by the same or another | ||||||
8 | hearing officer or by the Board. | ||||||
9 | Section 155. Prima facie proof. An order or a certified | ||||||
10 | copy thereof, over the seal of the Department and purporting to | ||||||
11 | be signed by the Secretary, shall be prima facie proof of the | ||||||
12 | following:
| ||||||
13 | (1) that the signature is the genuine signature of the | ||||||
14 | Secretary;
| ||||||
15 | (2) that such Secretary is duly appointed and | ||||||
16 | qualified; and
| ||||||
17 | (3) that the Board and its members are qualified to | ||||||
18 | act.
| ||||||
19 | Section 160. Restoration of license. At any time after the | ||||||
20 | suspension or revocation of any license, the Department may | ||||||
21 | restore the license to the accused person, unless after an | ||||||
22 | investigation and a hearing the Department determines that | ||||||
23 | restoration is not in the public interest. |
| |||||||
| |||||||
1 | Section 165. Surrender of license. Upon the revocation or | ||||||
2 | suspension of any license, the licensee shall immediately | ||||||
3 | surrender the license to the Department. If the licensee fails | ||||||
4 | to do so, the Department shall have the right to seize the | ||||||
5 | license. | ||||||
6 | Section 170. Summary suspension. The Secretary may | ||||||
7 | summarily suspend the license of a licensee under this Act | ||||||
8 | without a hearing, simultaneously with the institution of | ||||||
9 | proceedings for a hearing provided for in this Act, if the | ||||||
10 | Secretary finds that evidence in his or her possession | ||||||
11 | indicates that continuation in practice would constitute an | ||||||
12 | imminent danger to the public. In the event that the Secretary | ||||||
13 | summarily suspends a license without a hearing, a hearing by | ||||||
14 | the Department must be held within 30 days after the suspension | ||||||
15 | has occurred. | ||||||
16 | Section 175. Certificate of record. The Department shall | ||||||
17 | not be required to certify any record to the court or file any | ||||||
18 | answer in court or otherwise appear in any court in a judicial | ||||||
19 | review proceeding, unless there is filed in the court, with the | ||||||
20 | complaint, a receipt from the Department acknowledging payment | ||||||
21 | of the costs of furnishing and certifying the record. Failure | ||||||
22 | on the part of the plaintiff to file a receipt in court shall | ||||||
23 | be grounds for dismissal of the action. |
| |||||||
| |||||||
1 | Section 180. Administrative Review Law. All final | ||||||
2 | administrative decisions of the Department are subject to | ||||||
3 | judicial review under the Administrative Review Law and its | ||||||
4 | rules. The term "administrative decision" is defined as in | ||||||
5 | Section 3-101 of the Code of Civil Procedure. | ||||||
6 | Section 185. Illinois Administrative Procedure Act. The | ||||||
7 | Illinois Administrative Procedure Act is hereby expressly | ||||||
8 | adopted and incorporated in this Act as if all of the | ||||||
9 | provisions of such Act were included in this Act, except that | ||||||
10 | the provision of subsection (d) of Section 10-65 of the | ||||||
11 | Illinois Administrative Procedure Act that provides that at | ||||||
12 | hearings the licensee has the right to show compliance with all | ||||||
13 | lawful requirements for retention, continuation, or renewal of | ||||||
14 | the license is specifically excluded. For purposes of this Act, | ||||||
15 | the notice required under Section 10-25 of the Illinois | ||||||
16 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
17 | to the last known address of a party. | ||||||
18 | Section 190. Home rule. Pursuant to paragraph (h) of | ||||||
19 | Section 6 of Article
VII
of the Illinois Constitution of 1970, | ||||||
20 | the power to regulate and issue licenses for the practice of | ||||||
21 | midwifery shall,
except as may otherwise be provided within and | ||||||
22 | pursuant to the provisions of this Act, be exercised by the | ||||||
23 | State and may
not be exercised by
any unit of local government, |
| |||||||
| |||||||
1 | including home rule units. | ||||||
2 | Section 195. Severability. The provisions of this Act are | ||||||
3 | severable under Section 1.31 of the Statute on Statutes. | ||||||
4 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
5 | Section 4.33 as follows: | ||||||
6 | (5 ILCS 80/4.33 new) | ||||||
7 | Sec. 4.33. Act repealed on January 1, 2023. The following | ||||||
8 | Act is repealed on January 1, 2023: | ||||||
9 | The Home Birth Safety Act. | ||||||
10 | Section 905. The Medical Practice Act of 1987 is amended by | ||||||
11 | changing Section 4 as follows:
| ||||||
12 | (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| ||||||
13 | (Section scheduled to be repealed on December 31, 2012)
| ||||||
14 | Sec. 4. Exemptions. This Act does not apply to the | ||||||
15 | following:
| ||||||
16 | (1) persons lawfully carrying on their particular | ||||||
17 | profession or business
under any valid existing regulatory | ||||||
18 | Act of this State , including without limitation persons | ||||||
19 | engaged in the practice of midwifery who are licensed under | ||||||
20 | the Home Birth Safety Act ;
| ||||||
21 | (2) persons rendering gratuitous services in cases of |
| |||||||
| |||||||
1 | emergency; or
| ||||||
2 | (3) persons treating human ailments by prayer or | ||||||
3 | spiritual means as an
exercise or enjoyment of religious | ||||||
4 | freedom.
| ||||||
5 | (Source: P.A. 96-7, eff. 4-3-09; 97-622, eff. 11-23-11.)
| ||||||
6 | Section 910. The Nurse Practice Act is amended by changing | ||||||
7 | Section 50-15 as follows:
| ||||||
8 | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 50-15. Policy; application of Act. | ||||||
11 | (a) For the protection of life and the
promotion of health, | ||||||
12 | and the prevention of illness and communicable diseases,
any | ||||||
13 | person practicing or offering to practice advanced,
| ||||||
14 | professional, or practical
nursing in Illinois shall submit | ||||||
15 | evidence that he or she is qualified to
practice, and shall be | ||||||
16 | licensed as provided under this Act. No person shall
practice | ||||||
17 | or offer to practice advanced, professional, or practical | ||||||
18 | nursing in Illinois or
use any title, sign, card or device to | ||||||
19 | indicate that such a person is
practicing professional or | ||||||
20 | practical nursing unless such person has been
licensed under | ||||||
21 | the provisions of this Act.
| ||||||
22 | (b) This Act does not prohibit the following:
| ||||||
23 | (1) The practice of nursing in Federal employment in | ||||||
24 | the discharge of the
employee's duties by a person who is |
| |||||||
| |||||||
1 | employed by the United States
government or any bureau, | ||||||
2 | division or agency thereof and is a legally
qualified and | ||||||
3 | licensed nurse of another state or territory and not in
| ||||||
4 | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | ||||||
5 | this
Act.
| ||||||
6 | (2) Nursing that is included in the program of study by
| ||||||
7 | students
enrolled in programs of nursing or in current | ||||||
8 | nurse practice update courses
approved by the Department.
| ||||||
9 | (3) The furnishing of nursing assistance in an | ||||||
10 | emergency.
| ||||||
11 | (4) The practice of nursing by a nurse who holds an | ||||||
12 | active license in
another state when providing services to | ||||||
13 | patients in Illinois during a bonafide
emergency or in | ||||||
14 | immediate preparation for or during interstate
transit.
| ||||||
15 | (5) The incidental care of the sick by members of the | ||||||
16 | family, domestic
servants or housekeepers, or care of the | ||||||
17 | sick where treatment is by prayer
or spiritual means.
| ||||||
18 | (6) Persons from being employed as unlicensed | ||||||
19 | assistive personnel in private homes, long term care | ||||||
20 | facilities,
nurseries, hospitals or other institutions.
| ||||||
21 | (7) The practice of practical nursing by one who is a | ||||||
22 | licensed practical
nurse under the laws of another U.S. | ||||||
23 | jurisdiction and has applied in writing
to the Department, | ||||||
24 | in form and substance satisfactory to the Department,
for a | ||||||
25 | license as a licensed practical nurse and who is qualified | ||||||
26 | to receive
such license under this Act, until (i) the |
| |||||||
| |||||||
1 | expiration of 6 months after
the filing of such written | ||||||
2 | application, (ii) the withdrawal of such application,
or | ||||||
3 | (iii) the denial of such application by the Department.
| ||||||
4 | (8) The practice of advanced practice nursing by one | ||||||
5 | who is an advanced practice nurse under the laws of another | ||||||
6 | state, territory of the United States, or country and has | ||||||
7 | applied in writing to the Department, in form and substance | ||||||
8 | satisfactory to the Department, for a license as an | ||||||
9 | advanced practice nurse and who is qualified to receive | ||||||
10 | such license under this Act, until (i) the expiration of 6 | ||||||
11 | months after the filing of such written application, (ii) | ||||||
12 | the withdrawal of such application, or (iii) the denial of | ||||||
13 | such application by the Department.
| ||||||
14 | (9) The practice of professional nursing by one who is | ||||||
15 | a registered
professional nurse under the laws of another | ||||||
16 | state, territory of the United
States or country and has | ||||||
17 | applied in writing to the Department, in form and
substance | ||||||
18 | satisfactory to the Department, for a license as a | ||||||
19 | registered
professional nurse and who is qualified to | ||||||
20 | receive such license under
Section 55-10, until (1) the | ||||||
21 | expiration of 6 months after the filing of
such written | ||||||
22 | application, (2) the withdrawal of such application, or (3)
| ||||||
23 | the denial of such application by the Department.
| ||||||
24 | (10) The practice of professional nursing that is | ||||||
25 | included in a program of
study by one who is a registered | ||||||
26 | professional nurse under the laws of
another state or |
| |||||||
| |||||||
1 | territory of the United States or foreign country,
| ||||||
2 | territory or province and who is enrolled in a graduate | ||||||
3 | nursing education
program or a program for the completion | ||||||
4 | of a baccalaureate nursing degree in
this State, which | ||||||
5 | includes clinical supervision by faculty as
determined by | ||||||
6 | the educational institution offering the program and the
| ||||||
7 | health care organization where the practice of nursing | ||||||
8 | occurs.
| ||||||
9 | (11) Any person licensed in this State under any other | ||||||
10 | Act from engaging
in the practice for which she or he is | ||||||
11 | licensed , including without limitation any person engaged | ||||||
12 | in the practice of midwifery who is licensed under the Home | ||||||
13 | Birth Safety Act .
| ||||||
14 | (12) Delegation to authorized direct care staff | ||||||
15 | trained under Section 15.4
of the Mental Health and
| ||||||
16 | Developmental Disabilities Administrative Act consistent | ||||||
17 | with the policies of the Department.
| ||||||
18 | (13) The practice, services, or activities of persons | ||||||
19 | practicing the specified occupations set forth in | ||||||
20 | subsection (a) of, and pursuant to a licensing exemption | ||||||
21 | granted in subsection (b) or (d) of, Section 2105-350 of | ||||||
22 | the Department of Professional Regulation Law of the Civil | ||||||
23 | Administrative Code of Illinois, but only for so long as | ||||||
24 | the 2016 Olympic and Paralympic Games Professional | ||||||
25 | Licensure Exemption Law is operable. | ||||||
26 | (14) County correctional personnel from delivering |
| |||||||
| |||||||
1 | prepackaged medication for self-administration to an | ||||||
2 | individual detainee in a correctional facility. | ||||||
3 | Nothing in this Act shall be construed to limit the | ||||||
4 | delegation of tasks or duties by a physician, dentist, or | ||||||
5 | podiatrist to a licensed practical nurse, a registered | ||||||
6 | professional nurse, or other persons.
| ||||||
7 | (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, | ||||||
8 | eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
| ||||||
9 | Section 990. The Illinois Public Aid Code is amended by | ||||||
10 | changing Section 5-5 as follows: | ||||||
11 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
12 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
13 | rule, shall
determine the quantity and quality of and the rate | ||||||
14 | of reimbursement for the
medical assistance for which
payment | ||||||
15 | will be authorized, and the medical services to be provided,
| ||||||
16 | which may include all or part of the following: (1) inpatient | ||||||
17 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
18 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
19 | services; (5) physicians'
services whether furnished in the | ||||||
20 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
21 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
22 | care furnished by licensed practitioners , including the | ||||||
23 | services of certified professional midwives licensed pursuant | ||||||
24 | to the Home Birth Safety Act ; (7)
home health care services; |
| |||||||
| |||||||
1 | (8) private duty nursing service; (9) clinic
services; (10) | ||||||
2 | dental services, including prevention and treatment of | ||||||
3 | periodontal disease and dental caries disease for pregnant | ||||||
4 | women, provided by an individual licensed to practice dentistry | ||||||
5 | or dental surgery; for purposes of this item (10), "dental | ||||||
6 | services" means diagnostic, preventive, or corrective | ||||||
7 | procedures provided by or under the supervision of a dentist in | ||||||
8 | the practice of his or her profession; (11) physical therapy | ||||||
9 | and related
services; (12) prescribed drugs, dentures, and | ||||||
10 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
11 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
12 | whichever the person may select; (13) other
diagnostic, | ||||||
13 | screening, preventive, and rehabilitative services, for | ||||||
14 | children and adults; (14)
transportation and such other | ||||||
15 | expenses as may be necessary; (15) medical
treatment of sexual | ||||||
16 | assault survivors, as defined in
Section 1a of the Sexual | ||||||
17 | Assault Survivors Emergency Treatment Act, for
injuries | ||||||
18 | sustained as a result of the sexual assault, including
| ||||||
19 | examinations and laboratory tests to discover evidence which | ||||||
20 | may be used in
criminal proceedings arising from the sexual | ||||||
21 | assault; (16) the
diagnosis and treatment of sickle cell | ||||||
22 | anemia; and (17)
any other medical care, and any other type of | ||||||
23 | remedial care recognized
under the laws of this State, but not | ||||||
24 | including abortions, or induced
miscarriages or premature | ||||||
25 | births, unless, in the opinion of a physician,
such procedures | ||||||
26 | are necessary for the preservation of the life of the
woman |
| |||||||
| |||||||
1 | seeking such treatment, or except an induced premature birth
| ||||||
2 | intended to produce a live viable child and such procedure is | ||||||
3 | necessary
for the health of the mother or her unborn child. The | ||||||
4 | Illinois Department,
by rule, shall prohibit any physician from | ||||||
5 | providing medical assistance
to anyone eligible therefor under | ||||||
6 | this Code where such physician has been
found guilty of | ||||||
7 | performing an abortion procedure in a wilful and wanton
manner | ||||||
8 | upon a woman who was not pregnant at the time such abortion
| ||||||
9 | procedure was performed. The term "any other type of remedial | ||||||
10 | care" shall
include nursing care and nursing home service for | ||||||
11 | persons who rely on
treatment by spiritual means alone through | ||||||
12 | prayer for healing.
| ||||||
13 | Notwithstanding any other provision of this Section, a | ||||||
14 | comprehensive
tobacco use cessation program that includes | ||||||
15 | purchasing prescription drugs or
prescription medical devices | ||||||
16 | approved by the Food and Drug Administration shall
be covered | ||||||
17 | under the medical assistance
program under this Article for | ||||||
18 | persons who are otherwise eligible for
assistance under this | ||||||
19 | Article.
| ||||||
20 | Notwithstanding any other provision of this Code, the | ||||||
21 | Illinois
Department may not require, as a condition of payment | ||||||
22 | for any laboratory
test authorized under this Article, that a | ||||||
23 | physician's handwritten signature
appear on the laboratory | ||||||
24 | test order form. The Illinois Department may,
however, impose | ||||||
25 | other appropriate requirements regarding laboratory test
order | ||||||
26 | documentation.
|
| |||||||
| |||||||
1 | The Department of Healthcare and Family Services shall | ||||||
2 | provide the following services to
persons
eligible for | ||||||
3 | assistance under this Article who are participating in
| ||||||
4 | education, training or employment programs operated by the | ||||||
5 | Department of Human
Services as successor to the Department of | ||||||
6 | Public Aid:
| ||||||
7 | (1) dental services provided by or under the | ||||||
8 | supervision of a dentist; and
| ||||||
9 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
10 | diseases of the
eye, or by an optometrist, whichever the | ||||||
11 | person may select.
| ||||||
12 | Notwithstanding any other provision of this Code and | ||||||
13 | subject to federal approval, the Department may adopt rules to | ||||||
14 | allow a dentist who is volunteering his or her service at no | ||||||
15 | cost to render dental services through an enrolled | ||||||
16 | not-for-profit health clinic without the dentist personally | ||||||
17 | enrolling as a participating provider in the medical assistance | ||||||
18 | program. A not-for-profit health clinic shall include a public | ||||||
19 | health clinic or Federally Qualified Health Center or other | ||||||
20 | enrolled provider, as determined by the Department, through | ||||||
21 | which dental services covered under this Section are performed. | ||||||
22 | The Department shall establish a process for payment of claims | ||||||
23 | for reimbursement for covered dental services rendered under | ||||||
24 | this provision. | ||||||
25 | The Illinois Department, by rule, may distinguish and | ||||||
26 | classify the
medical services to be provided only in accordance |
| |||||||
| |||||||
1 | with the classes of
persons designated in Section 5-2.
| ||||||
2 | The Department of Healthcare and Family Services must | ||||||
3 | provide coverage and reimbursement for amino acid-based | ||||||
4 | elemental formulas, regardless of delivery method, for the | ||||||
5 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
6 | short bowel syndrome when the prescribing physician has issued | ||||||
7 | a written order stating that the amino acid-based elemental | ||||||
8 | formula is medically necessary.
| ||||||
9 | The Illinois Department shall authorize the provision of, | ||||||
10 | and shall
authorize payment for, screening by low-dose | ||||||
11 | mammography for the presence of
occult breast cancer for women | ||||||
12 | 35 years of age or older who are eligible
for medical | ||||||
13 | assistance under this Article, as follows: | ||||||
14 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
15 | age.
| ||||||
16 | (B) An annual mammogram for women 40 years of age or | ||||||
17 | older. | ||||||
18 | (C) A mammogram at the age and intervals considered | ||||||
19 | medically necessary by the woman's health care provider for | ||||||
20 | women under 40 years of age and having a family history of | ||||||
21 | breast cancer, prior personal history of breast cancer, | ||||||
22 | positive genetic testing, or other risk factors. | ||||||
23 | (D) A comprehensive ultrasound screening of an entire | ||||||
24 | breast or breasts if a mammogram demonstrates | ||||||
25 | heterogeneous or dense breast tissue, when medically | ||||||
26 | necessary as determined by a physician licensed to practice |
| |||||||
| |||||||
1 | medicine in all of its branches. | ||||||
2 | All screenings
shall
include a physical breast exam, | ||||||
3 | instruction on self-examination and
information regarding the | ||||||
4 | frequency of self-examination and its value as a
preventative | ||||||
5 | tool. For purposes of this Section, "low-dose mammography" | ||||||
6 | means
the x-ray examination of the breast using equipment | ||||||
7 | dedicated specifically
for mammography, including the x-ray | ||||||
8 | tube, filter, compression device,
and image receptor, with an | ||||||
9 | average radiation exposure delivery
of less than one rad per | ||||||
10 | breast for 2 views of an average size breast.
The term also | ||||||
11 | includes digital mammography.
| ||||||
12 | On and after January 1, 2012, providers participating in a | ||||||
13 | quality improvement program approved by the Department shall be | ||||||
14 | reimbursed for screening and diagnostic mammography at the same | ||||||
15 | rate as the Medicare program's rates, including the increased | ||||||
16 | reimbursement for digital mammography. | ||||||
17 | The Department shall convene an expert panel including | ||||||
18 | representatives of hospitals, free-standing mammography | ||||||
19 | facilities, and doctors, including radiologists, to establish | ||||||
20 | quality standards. | ||||||
21 | Subject to federal approval, the Department shall | ||||||
22 | establish a rate methodology for mammography at federally | ||||||
23 | qualified health centers and other encounter-rate clinics. | ||||||
24 | These clinics or centers may also collaborate with other | ||||||
25 | hospital-based mammography facilities. | ||||||
26 | The Department shall establish a methodology to remind |
| |||||||
| |||||||
1 | women who are age-appropriate for screening mammography, but | ||||||
2 | who have not received a mammogram within the previous 18 | ||||||
3 | months, of the importance and benefit of screening mammography. | ||||||
4 | The Department shall establish a performance goal for | ||||||
5 | primary care providers with respect to their female patients | ||||||
6 | over age 40 receiving an annual mammogram. This performance | ||||||
7 | goal shall be used to provide additional reimbursement in the | ||||||
8 | form of a quality performance bonus to primary care providers | ||||||
9 | who meet that goal. | ||||||
10 | The Department shall devise a means of case-managing or | ||||||
11 | patient navigation for beneficiaries diagnosed with breast | ||||||
12 | cancer. This program shall initially operate as a pilot program | ||||||
13 | in areas of the State with the highest incidence of mortality | ||||||
14 | related to breast cancer. At least one pilot program site shall | ||||||
15 | be in the metropolitan Chicago area and at least one site shall | ||||||
16 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
17 | pilot program shall be carried out measuring health outcomes | ||||||
18 | and cost of care for those served by the pilot program compared | ||||||
19 | to similarly situated patients who are not served by the pilot | ||||||
20 | program. | ||||||
21 | Any medical or health care provider shall immediately | ||||||
22 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
23 | services and is suspected
of drug abuse or is addicted as | ||||||
24 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
25 | Act, referral to a local substance abuse treatment provider
| ||||||
26 | licensed by the Department of Human Services or to a licensed
|
| |||||||
| |||||||
1 | hospital which provides substance abuse treatment services. | ||||||
2 | The Department of Healthcare and Family Services
shall assure | ||||||
3 | coverage for the cost of treatment of the drug abuse or
| ||||||
4 | addiction for pregnant recipients in accordance with the | ||||||
5 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
6 | Human Services.
| ||||||
7 | All medical providers providing medical assistance to | ||||||
8 | pregnant women
under this Code shall receive information from | ||||||
9 | the Department on the
availability of services under the Drug | ||||||
10 | Free Families with a Future or any
comparable program providing | ||||||
11 | case management services for addicted women,
including | ||||||
12 | information on appropriate referrals for other social services
| ||||||
13 | that may be needed by addicted women in addition to treatment | ||||||
14 | for addiction.
| ||||||
15 | The Illinois Department, in cooperation with the | ||||||
16 | Departments of Human
Services (as successor to the Department | ||||||
17 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
18 | public awareness campaign, may
provide information concerning | ||||||
19 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
20 | health care, and other pertinent programs directed at
reducing | ||||||
21 | the number of drug-affected infants born to recipients of | ||||||
22 | medical
assistance.
| ||||||
23 | Neither the Department of Healthcare and Family Services | ||||||
24 | nor the Department of Human
Services shall sanction the | ||||||
25 | recipient solely on the basis of
her substance abuse.
| ||||||
26 | The Illinois Department shall establish such regulations |
| |||||||
| |||||||
1 | governing
the dispensing of health services under this Article | ||||||
2 | as it shall deem
appropriate. The Department
should
seek the | ||||||
3 | advice of formal professional advisory committees appointed by
| ||||||
4 | the Director of the Illinois Department for the purpose of | ||||||
5 | providing regular
advice on policy and administrative matters, | ||||||
6 | information dissemination and
educational activities for | ||||||
7 | medical and health care providers, and
consistency in | ||||||
8 | procedures to the Illinois Department.
| ||||||
9 | Notwithstanding any other provision of law, a health care | ||||||
10 | provider under the medical assistance program may elect, in | ||||||
11 | lieu of receiving direct payment for services provided under | ||||||
12 | that program, to participate in the State Employees Deferred | ||||||
13 | Compensation Plan adopted under Article 24 of the Illinois | ||||||
14 | Pension Code. A health care provider who elects to participate | ||||||
15 | in the plan does not have a cause of action against the State | ||||||
16 | for any damages allegedly suffered by the provider as a result | ||||||
17 | of any delay by the State in crediting the amount of any | ||||||
18 | contribution to the provider's plan account. | ||||||
19 | The Illinois Department may develop and contract with | ||||||
20 | Partnerships of
medical providers to arrange medical services | ||||||
21 | for persons eligible under
Section 5-2 of this Code. | ||||||
22 | Implementation of this Section may be by
demonstration projects | ||||||
23 | in certain geographic areas. The Partnership shall
be | ||||||
24 | represented by a sponsor organization. The Department, by rule, | ||||||
25 | shall
develop qualifications for sponsors of Partnerships. | ||||||
26 | Nothing in this
Section shall be construed to require that the |
| |||||||
| |||||||
1 | sponsor organization be a
medical organization.
| ||||||
2 | The sponsor must negotiate formal written contracts with | ||||||
3 | medical
providers for physician services, inpatient and | ||||||
4 | outpatient hospital care,
home health services, treatment for | ||||||
5 | alcoholism and substance abuse, and
other services determined | ||||||
6 | necessary by the Illinois Department by rule for
delivery by | ||||||
7 | Partnerships. Physician services must include prenatal and
| ||||||
8 | obstetrical care. The Illinois Department shall reimburse | ||||||
9 | medical services
delivered by Partnership providers to clients | ||||||
10 | in target areas according to
provisions of this Article and the | ||||||
11 | Illinois Health Finance Reform Act,
except that:
| ||||||
12 | (1) Physicians participating in a Partnership and | ||||||
13 | providing certain
services, which shall be determined by | ||||||
14 | the Illinois Department, to persons
in areas covered by the | ||||||
15 | Partnership may receive an additional surcharge
for such | ||||||
16 | services.
| ||||||
17 | (2) The Department may elect to consider and negotiate | ||||||
18 | financial
incentives to encourage the development of | ||||||
19 | Partnerships and the efficient
delivery of medical care.
| ||||||
20 | (3) Persons receiving medical services through | ||||||
21 | Partnerships may receive
medical and case management | ||||||
22 | services above the level usually offered
through the | ||||||
23 | medical assistance program.
| ||||||
24 | Medical providers shall be required to meet certain | ||||||
25 | qualifications to
participate in Partnerships to ensure the | ||||||
26 | delivery of high quality medical
services. These |
| |||||||
| |||||||
1 | qualifications shall be determined by rule of the Illinois
| ||||||
2 | Department and may be higher than qualifications for | ||||||
3 | participation in the
medical assistance program. Partnership | ||||||
4 | sponsors may prescribe reasonable
additional qualifications | ||||||
5 | for participation by medical providers, only with
the prior | ||||||
6 | written approval of the Illinois Department.
| ||||||
7 | Nothing in this Section shall limit the free choice of | ||||||
8 | practitioners,
hospitals, and other providers of medical | ||||||
9 | services by clients.
In order to ensure patient freedom of | ||||||
10 | choice, the Illinois Department shall
immediately promulgate | ||||||
11 | all rules and take all other necessary actions so that
provided | ||||||
12 | services may be accessed from therapeutically certified | ||||||
13 | optometrists
to the full extent of the Illinois Optometric | ||||||
14 | Practice Act of 1987 without
discriminating between service | ||||||
15 | providers.
| ||||||
16 | The Department shall apply for a waiver from the United | ||||||
17 | States Health
Care Financing Administration to allow for the | ||||||
18 | implementation of
Partnerships under this Section.
| ||||||
19 | The Illinois Department shall require health care | ||||||
20 | providers to maintain
records that document the medical care | ||||||
21 | and services provided to recipients
of Medical Assistance under | ||||||
22 | this Article. Such records must be retained for a period of not | ||||||
23 | less than 6 years from the date of service or as provided by | ||||||
24 | applicable State law, whichever period is longer, except that | ||||||
25 | if an audit is initiated within the required retention period | ||||||
26 | then the records must be retained until the audit is completed |
| |||||||
| |||||||
1 | and every exception is resolved. The Illinois Department shall
| ||||||
2 | require health care providers to make available, when | ||||||
3 | authorized by the
patient, in writing, the medical records in a | ||||||
4 | timely fashion to other
health care providers who are treating | ||||||
5 | or serving persons eligible for
Medical Assistance under this | ||||||
6 | Article. All dispensers of medical services
shall be required | ||||||
7 | to maintain and retain business and professional records
| ||||||
8 | sufficient to fully and accurately document the nature, scope, | ||||||
9 | details and
receipt of the health care provided to persons | ||||||
10 | eligible for medical
assistance under this Code, in accordance | ||||||
11 | with regulations promulgated by
the Illinois Department. The | ||||||
12 | rules and regulations shall require that proof
of the receipt | ||||||
13 | of prescription drugs, dentures, prosthetic devices and
| ||||||
14 | eyeglasses by eligible persons under this Section accompany | ||||||
15 | each claim
for reimbursement submitted by the dispenser of such | ||||||
16 | medical services.
No such claims for reimbursement shall be | ||||||
17 | approved for payment by the Illinois
Department without such | ||||||
18 | proof of receipt, unless the Illinois Department
shall have put | ||||||
19 | into effect and shall be operating a system of post-payment
| ||||||
20 | audit and review which shall, on a sampling basis, be deemed | ||||||
21 | adequate by
the Illinois Department to assure that such drugs, | ||||||
22 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
23 | is being made are actually being
received by eligible | ||||||
24 | recipients. Within 90 days after the effective date of
this | ||||||
25 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
26 | a
current list of acquisition costs for all prosthetic devices |
| |||||||
| |||||||
1 | and any
other items recognized as medical equipment and | ||||||
2 | supplies reimbursable under
this Article and shall update such | ||||||
3 | list on a quarterly basis, except that
the acquisition costs of | ||||||
4 | all prescription drugs shall be updated no
less frequently than | ||||||
5 | every 30 days as required by Section 5-5.12.
| ||||||
6 | The rules and regulations of the Illinois Department shall | ||||||
7 | require
that a written statement including the required opinion | ||||||
8 | of a physician
shall accompany any claim for reimbursement for | ||||||
9 | abortions, or induced
miscarriages or premature births. This | ||||||
10 | statement shall indicate what
procedures were used in providing | ||||||
11 | such medical services.
| ||||||
12 | The Illinois Department shall require all dispensers of | ||||||
13 | medical
services, other than an individual practitioner or | ||||||
14 | group of practitioners,
desiring to participate in the Medical | ||||||
15 | Assistance program
established under this Article to disclose | ||||||
16 | all financial, beneficial,
ownership, equity, surety or other | ||||||
17 | interests in any and all firms,
corporations, partnerships, | ||||||
18 | associations, business enterprises, joint
ventures, agencies, | ||||||
19 | institutions or other legal entities providing any
form of | ||||||
20 | health care services in this State under this Article.
| ||||||
21 | The Illinois Department may require that all dispensers of | ||||||
22 | medical
services desiring to participate in the medical | ||||||
23 | assistance program
established under this Article disclose, | ||||||
24 | under such terms and conditions as
the Illinois Department may | ||||||
25 | by rule establish, all inquiries from clients
and attorneys | ||||||
26 | regarding medical bills paid by the Illinois Department, which
|
| |||||||
| |||||||
1 | inquiries could indicate potential existence of claims or liens | ||||||
2 | for the
Illinois Department.
| ||||||
3 | Enrollment of a vendor that provides non-emergency medical | ||||||
4 | transportation,
defined by the Department by rule,
shall be
| ||||||
5 | conditional for 180 days. During that time, the Department of | ||||||
6 | Healthcare and Family Services may
terminate the vendor's | ||||||
7 | eligibility to participate in the medical assistance
program | ||||||
8 | without cause. That termination of eligibility is not subject | ||||||
9 | to the
Department's hearing process.
| ||||||
10 | The Illinois Department shall establish policies, | ||||||
11 | procedures,
standards and criteria by rule for the acquisition, | ||||||
12 | repair and replacement
of orthotic and prosthetic devices and | ||||||
13 | durable medical equipment. Such
rules shall provide, but not be | ||||||
14 | limited to, the following services: (1)
immediate repair or | ||||||
15 | replacement of such devices by recipients without
medical | ||||||
16 | authorization; and (2) rental, lease, purchase or | ||||||
17 | lease-purchase of
durable medical equipment in a | ||||||
18 | cost-effective manner, taking into
consideration the | ||||||
19 | recipient's medical prognosis, the extent of the
recipient's | ||||||
20 | needs, and the requirements and costs for maintaining such
| ||||||
21 | equipment. Such rules shall enable a recipient to temporarily | ||||||
22 | acquire and
use alternative or substitute devices or equipment | ||||||
23 | pending repairs or
replacements of any device or equipment | ||||||
24 | previously authorized for such
recipient by the Department.
| ||||||
25 | The Department shall execute, relative to the nursing home | ||||||
26 | prescreening
project, written inter-agency agreements with the |
| |||||||
| |||||||
1 | Department of Human
Services and the Department on Aging, to | ||||||
2 | effect the following: (i) intake
procedures and common | ||||||
3 | eligibility criteria for those persons who are receiving
| ||||||
4 | non-institutional services; and (ii) the establishment and | ||||||
5 | development of
non-institutional services in areas of the State | ||||||
6 | where they are not currently
available or are undeveloped.
| ||||||
7 | The Illinois Department shall develop and operate, in | ||||||
8 | cooperation
with other State Departments and agencies and in | ||||||
9 | compliance with
applicable federal laws and regulations, | ||||||
10 | appropriate and effective
systems of health care evaluation and | ||||||
11 | programs for monitoring of
utilization of health care services | ||||||
12 | and facilities, as it affects
persons eligible for medical | ||||||
13 | assistance under this Code.
| ||||||
14 | The Illinois Department shall report annually to the | ||||||
15 | General Assembly,
no later than the second Friday in April of | ||||||
16 | 1979 and each year
thereafter, in regard to:
| ||||||
17 | (a) actual statistics and trends in utilization of | ||||||
18 | medical services by
public aid recipients;
| ||||||
19 | (b) actual statistics and trends in the provision of | ||||||
20 | the various medical
services by medical vendors;
| ||||||
21 | (c) current rate structures and proposed changes in | ||||||
22 | those rate structures
for the various medical vendors; and
| ||||||
23 | (d) efforts at utilization review and control by the | ||||||
24 | Illinois Department.
| ||||||
25 | The period covered by each report shall be the 3 years | ||||||
26 | ending on the June
30 prior to the report. The report shall |
| |||||||
| |||||||
1 | include suggested legislation
for consideration by the General | ||||||
2 | Assembly. The filing of one copy of the
report with the | ||||||
3 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
4 | the Clerk of the House of Representatives, one copy with the | ||||||
5 | President,
one copy with the Minority Leader and one copy with | ||||||
6 | the Secretary of the
Senate, one copy with the Legislative | ||||||
7 | Research Unit, and such additional
copies
with the State | ||||||
8 | Government Report Distribution Center for the General
Assembly | ||||||
9 | as is required under paragraph (t) of Section 7 of the State
| ||||||
10 | Library Act shall be deemed sufficient to comply with this | ||||||
11 | Section.
| ||||||
12 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
13 | any, is conditioned on the rules being adopted in accordance | ||||||
14 | with all provisions of the Illinois Administrative Procedure | ||||||
15 | Act and all rules and procedures of the Joint Committee on | ||||||
16 | Administrative Rules; any purported rule not so adopted, for | ||||||
17 | whatever reason, is unauthorized. | ||||||
18 | (Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, | ||||||
19 | eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, | ||||||
20 | eff. 1-1-12.) | ||||||
21 | Section 999. Effective date. This Act takes effect upon | ||||||
22 | becoming law. |