Illinois General Assembly - Full Text of HB3401
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Full Text of HB3401  102nd General Assembly

HB3401eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3401 EngrossedLRB102 14708 SPS 20061 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Licensed Certified Professional Midwife Practice Act.
 
6    Section 5. Purpose. The practice of midwifery in
7out-of-hospital settings is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of the Act is to
10protect and benefit the public by setting standards for the
11qualifications, education, training, and experience of those
12who seek to obtain licensure as a licensed certified
13professional midwife, including requirements to work in
14consultation with hospital based and privileged health care
15professionals to promote high standards of professional
16performance for those licensed to practice midwifery in
17out-of-hospital settings in this State, to promote a
18consultative and integrated maternity care delivery system in
19Illinois with agreed-upon consulting, transfer, and transport
20protocols in use by all health care professionals and licensed
21certified professional midwives across all health care
22settings to maximize client safety and positive outcomes, to
23support accredited education and training as a prerequisite to

 

 

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1licensure, and to protect the public.
 
2    Section 10. Definitions. As used in this Act:
3    "Address of record" means the designated address recorded
4by the Department in the applicant's application file or the
5licensee's licensure file as maintained by the Department.
6    "Antepartum" means before labor or childbirth.
7    "Board" means the Illinois Midwifery Board.
8    "Certified nurse midwife" means an individual licensed
9under the Nurse Practice Act as an advanced practice
10registered nurse and is certified as a nurse midwife.
11    "Client" means a childbearing individual or newborn for
12whom a licensed certified professional midwife provides
13services.
14    "Consultation" means the process by which a licensed
15certified professional midwife seeks the advice or opinion of
16another health care professional.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Email address of record" means the designated email
20address of record by the Department in the applicant's
21application file or the licensee's licensure file as
22maintained by the Department.
23    "Health care professional" means an advanced practice
24registered nurse or a physician licensed to practice medicine
25in all of its branches.

 

 

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1    "Intrapartum" means during labor and delivery or
2childbirth.
3    "Licensed certified professional midwife" means a person
4who has successfully met the requirements under Section 40 of
5this Act.
6    "Low-risk" means a low-risk pregnancy where there is an
7absence of any preexisting maternal disease, significant
8disease arising from the pregnancy, or any condition likely to
9affect the pregnancy, including, but not limited to, those
10listed in subsection (b) of Section 75.
11    "Midwife assistant" means a person, at least 18 years of
12age, who performs basic administrative, clerical, and
13supportive services under the supervision of a certified
14professional midwife, is educated to provide both basic and
15emergency care to newborns and mothers during labor, delivery,
16and immediately postpartum, and who maintains Neonatal
17Resuscitation Program provider status and cardiopulmonary
18resuscitation certification.
19    "Midwifery bridge certificate" means a certificate issued
20by the North American Registry of midwives that documents
21completion of accredited continuing education for certified
22professional midwives based upon identified areas to address
23education in emergency skills and other competencies set by
24the international confederation of midwives.
25    "Midwifery Education and Accreditation Council" or "MEAC"
26means the nationally recognized accrediting agency, or its

 

 

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1successor, that establishes standards for the education of
2direct-entry midwives in the United States.
3    "National Association of Certified Professional Midwives"
4or "NACPM" means the professional organization, or its
5successor, that promotes the growth and development of the
6profession of certified professional midwives.
7    "North American Registry of Midwives" or "NARM" means the
8accredited international agency, or its successor
9organization, that has established and has continued to
10administer certification for the credentialing of certified
11professional midwives, including the administration of a
12national competency examination.
13    "Onset of care" means the initial prenatal visit upon an
14agreement between a licensed certified professional midwife
15and client to establish a midwife-client relationship, during
16which the licensed certified professional midwife may take a
17client's medical history, complete an exam, establish a
18client's record, or perform other services related to
19establishing care. "Onset of care" does not include an initial
20interview where information about the licensed certified
21professional midwife's practice is shared but no
22midwife-client relationship is established.
23    "Pediatric health care professional" means a licensed
24physician specializing in the care of children, a family
25practice physician, or an advanced practice registered nurse
26licensed under the Nurse Practice Act and certified as a

 

 

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1Pediatric Nurse Practitioner or Family Nurse Practitioner.
2    "Physician" means a physician licensed under the Medical
3Practice Act of 1987 to practice medicine in all of its
4branches.
5    "Postpartum period" means the first 6 weeks after
6delivery.
7    "Practice of midwifery" means providing the necessary
8supervision, care, and advice to a client during a low-risk
9pregnancy, labor, and the postpartum period, including the
10intended low-risk delivery of a child, and providing normal
11newborn care. "Practice of midwifery" does not include the
12practice of medicine or nursing.
13    "Qualified midwife preceptor" means a licensed and
14experienced midwife or other health professional licensed in
15the State who participated in the clinical education of
16individuals enrolled in a midwifery education institution,
17program, or pathway accredited by the midwifery education
18accreditation council who meet the criteria for midwife
19preceptors by NARM or its successor organization.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation.
22    "Supportive services" means simple routine medical tasks
23and procedures for which the midwife assistant or student
24midwife is appropriately trained.
 
25    Section 15. Address of record; email address of record.

 

 

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1All applicants and licensees shall:
2        (1) provide a valid address and email address to the
3    Department, which shall serve as the address of record and
4    email address of record, respectively, at the time of
5    application for licensure or renewal of licensure; and
6        (2) inform the Department of any change of address of
7    record or email address of record within 14 days after
8    such change either through the Department's website or by
9    contacting the Department.
 
10    Section 20. Social Security Number on license application.
11In addition to any other information required to be contained
12in an application for licensure under this Act, every
13application for an original license under this Act shall
14include the applicant's Social Security Number, which shall be
15retained in the agency's records pertaining to the license. As
16soon as practical, the Department shall assign a customer's
17identification number to each applicant for a license. Every
18application for a renewal or restored license shall require
19the applicant's customer identification number.
 
20    Section 25. Exemptions.
21    (a) This Act does not prohibit a person licensed under any
22other Act in this State from engaging in the practice for which
23he or she is licensed or from delegating services as provided
24for under the Act.

 

 

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1    (b) Nothing in this Act shall be construed to prohibit or
2require licensing under this Act with regard to:
3        (1) the rendering of services by a birth attendant if
4    such attendance is in accordance with the birth
5    attendant's religious faith or cultural group, including
6    indigenous communities, and is rendered only to
7    childbearing individuals and families in a distinct
8    cultural or religious group, including indigenous
9    communities, as an exercise and enjoyment of religious or
10    cultural freedom;
11        (2) a student midwife practicing midwifery as part of
12    their course of study in an accredited midwife
13    institution, program, or pathway under the direction and
14    supervision of a qualified midwife preceptor; and
15        (3) a midwife assistant or student midwife performing
16    within the scope of their responsibilities and duties as
17    defined by rule under the supervision of a licensed
18    certified professional midwife.
19    (c) Nothing in this Act prevents a licensed certified
20professional midwife from assisting a health care
21professional, practicing within his or her scope of practice
22while providing antepartum, intrapartum, or postpartum care.
23    (d) Nothing in this Act abridges, limits, or changes in
24any way the rights of parents to deliver their baby where,
25when, how, and with whom they choose, regardless of licensure
26under this Act.
 

 

 

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1    Section 30. Illinois Midwifery Board.
2    (a) There is created under the authority of the Department
3the Illinois Midwifery Board, which shall consist of 9 members
4appointed by the Secretary: 5 of whom shall be licensed
5certified professional midwives, except that initial
6appointees must have at least 3 years of experience in the
7practice of midwifery in an out-of-hospital setting, be
8certified by the North American Registry of Midwives, and meet
9the qualifications for licensure set forth in this Act; one of
10whom shall be a licensed obstetrician; one of whom shall be a
11certified nurse midwife who provides home birth services; one
12of whom shall be a pediatric health care professional; and one
13of whom shall be a public member. Board members shall serve
144-year terms, except that in the case of initial appointments,
15terms shall be staggered as follows: 4 members shall serve for
164 years, 3 members shall serve for 3 years, and 2 members shall
17serve for 2 years. The Board shall annually elect a
18chairperson and vice chairperson.
19    (b) Any appointment made to fill a vacancy shall be for the
20unexpired portion of the term. Appointments to fill vacancies
21shall be made in the same manner as original appointments. No
22Board member may be reappointed for a term that would cause his
23or her continuous service on the Board to exceed 10 years.
24    (c) Board membership must have a reasonable representation
25from different geographic areas of this State, if possible.

 

 

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1    (d) The Secretary may solicit board recommendations from
2midwifery organizations.
3    (e) The members of the Board may be reimbursed for all
4legitimate, necessary, and authorized expenses incurred in
5attending the meetings of the Board.
6    (f) The Secretary may remove any member of the Board for
7misconduct, incapacity, or neglect of duty at any time prior
8to the expiration of his or her term.
9    (g) Five Board members shall constitute a quorum. A
10vacancy in the membership of the Board shall not impair the
11right of a quorum to perform all of the duties of the Board.
12    (h) The Board may provide the Department with
13recommendations concerning the administration of this Act and
14may perform each of the following duties:
15        (1) Recommend to the Department the prescription and,
16    from time to time, the revision of any rules that may be
17    necessary to carry out the provisions of this Act,
18    including those that are designed to protect the health,
19    safety, and welfare of the public.
20        (2) Recommend changes to the medication formulary list
21    as standards and drug availability change.
22        (3) Participate in disciplinary conferences and
23    hearings.
24        (4) Make recommendations to the Department regarding
25    disciplinary action taken against a licensee as provided
26    under this Act.

 

 

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1        (5) Recommend the approval, denial of approval, and
2    withdrawal of approval of required education and
3    continuing educational programs.
4    (i) Members of the Board shall be immune from suit in an
5action based upon a disciplinary proceeding or other activity
6performed in good faith as a member of the Board, except for
7willful or wanton misconduct.
 
8    Section 35. Powers and duties of the Department; rules.
9    (a) The Department shall exercise the powers and duties
10prescribed by the Civil Administrative Code of Illinois for
11the administration of licensing Acts and shall exercise such
12other powers and duties necessary for effectuating the
13purposes of this Act.
14    (b) The Secretary shall adopt rules consistent with the
15provisions of this Act for the administration and enforcement
16of this Act and for the payment of fees connected to this Act
17and may prescribe forms that shall be issued in connection
18with this Act.
 
19    Section 40. Use of title. No person may use the title
20"licensed midwife", describe or imply that he or she is a
21licensed midwife, or represent himself or herself as a
22licensed midwife unless the person is granted a license under
23this Act or is licensed as an advanced practice registered
24nurse with certification as a nurse midwife.
 

 

 

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1    Section 45. Licensure.
2    (a) Each applicant who successfully meets the requirements
3of this Section is eligible for licensure as a certified
4professional midwife if the applicant:
5        (1) submits forms prescribed by the Department and
6    accompanied by the required fee;
7        (2) is at least 21 years of age;
8        (3) holds and maintains valid certified professional
9    midwife certification granted by NARM or its successor
10    organization;
11        (4) holds and maintains cardiopulmonary resuscitation
12    certification;
13        (5) holds and maintains neonatal resuscitation
14    provider status; and
15        (6) successfully completed a postsecondary midwifery
16    education program through an institution, program, or
17    pathway accredited by the Midwife Education and
18    Accreditation Council, that has both academic and clinical
19    practice incorporated throughout the curriculum.
20    (b) A midwife who is certified by NARM, but who has not
21completed a MEAC program, may apply for licensure if he or she:
22        (1) provides proof as a citizen residing in this
23    State;
24        (2) provides proof of completion of the midwifery
25    bridge certificate and applies within one year of adoption

 

 

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1    of rules or provide proof of practicing as a certified
2    professional midwife in this State for at least 3 years
3    prior to when rules are adopted and applies up to 3 years
4    after adoption of rules; and
5        (3) provides proof of paragraphs (1) through (6)
6    required under subsection (a).
7    (c) Applicants have 3 years from the date of application
8to complete the application process. If the process has not
9been completed in 3 years, the application shall be denied,
10the fee shall be forfeited, and the applicant must reapply and
11meet the requirements in effect at the time of reapplication.
 
12    Section 50. Endorsement. Upon payment of the required fee,
13the Department may, in its discretion, license as a certified
14professional midwife, an applicant who is a certified
15professional midwife licensed in another jurisdiction, if the
16requirements for licensure in that jurisdiction were, at the
17time of licensure, substantially equivalent to the
18requirements in force in this State on that date or equivalent
19to the requirements of this Act.
 
20    Section 55. Expiration; renewal of licensure.
21    (a) The expiration date and renewal period for each
22license issued under this Act shall be set by rule. The holder
23of a license may renew the license during the month preceding
24the expiration date of the license by paying the required fee.

 

 

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1It is the responsibility of the licensee to notify the
2Department in writing of a change of address required for the
3renewal of a license under this Act.
4    Any licensed certified professional midwife who has
5permitted his or her license to expire or who has had his or
6her license on inactive status may have the license restored
7by applying to the Department and filing proof acceptable to
8the Department of his or her fitness to have the license
9restored, and by paying the required fees. Proof of fitness
10may include sworn evidence certifying to active lawful
11practice in another jurisdiction.
12    If the licensed certified professional midwife has not
13maintained an active practice in another jurisdiction
14satisfactory to the Department, the Department shall
15determine, by an evaluation program established by rule, his
16or her fitness for restoration of the license and shall
17establish procedures and requirements for such restoration.
18    However, any licensed certified professional midwife whose
19license expired while he or she was (1) in federal service on
20active duty with the Armed Forces of the United States, or the
21State Militia called he or she into service or training, or (2)
22in training or education under the supervision of the United
23States preliminary to induction into the military service, may
24have the license restored without paying any lapsed renewal
25fees if, within 2 years after honorable termination of such
26service, training, or education, he or she furnishes the

 

 

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1Department with satisfactory evidence to the effect that he or
2she has been so engaged and that his or her service, training,
3or education has been terminated.
4    (b) Rules adopted under this Act shall require a licensed
5certified professional midwife to maintain certified
6professional midwife certification by meeting all continuing
7education requirements and other requirements set forth in
8this Section and to maintain current cardiopulmonary
9resuscitation or basic life support certification as required
10under Section 40.
11    The Department may adopt rules of continuing education for
12licensed certified professional midwives licensed under this
13Act that require 20 hours of continuing education per 2-year
14license renewal cycle. The rules shall address variances in
15part or in whole for good cause, including, but not limited to,
16illness or hardship. The continuing education rules must
17ensure that licensees are given the opportunity to participate
18in programs sponsored by or through their State or national
19professional associations, hospitals, or other providers of
20continuing education. Each licensee is responsible for
21maintaining records of completion of continuing education and
22shall be prepared to produce the records when requested by the
23Department.
 
24    Section 60. Inactive status. Any licensed certified
25professional midwife who notified the Department in writing on

 

 

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1forms prescribed by the Department, may elect to place his or
2her license on an inactive status and shall, subject to rules
3of the Department, be excused from payment of renewal fees
4until he or she notifies the Department in writing of his or
5her intention to restore the license.
6    Any licensed certified professional midwife requesting
7restoration from inactive status shall be required to pay the
8current renewal fee and shall be required to restore his or her
9license, as provided in Section 55.
10    Any licensed certified professional midwife whose license
11is in an inactive status shall not practice in the State.
12    Any licensee who engages in practice while his or her
13license is lapsed or on inactive status shall be considered to
14be practicing without a license, which shall be grounds for
15discipline under Section 140.
 
16    Section 65. Informed consent.
17    (a) A licensed certified professional midwife shall, at an
18initial prenatal visit with a client, provide and disclose to
19the client orally and in writing on a form provided by the
20Department all of the following information:
21        (1) the licensed certified professional midwife's
22    experience and training;
23        (2) whether the licensed certified professional
24    midwife has malpractice liability insurance coverage and
25    the policy limits of the coverage;

 

 

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1        (3) a protocol for the handling of both the patient's
2    and the newborn's medical emergencies; this shall include,
3    but not be limited to, obtaining transportation to a
4    hospital particular to each client with identification of
5    the appropriate hospital, providing a verbal report of the
6    care provided to emergency services providers, and sending
7    a copy of the client records with the client at the time of
8    any transfer to a hospital, including obtaining a signed
9    authorization to release the client's medical records to a
10    health care professional or hospital in the event of such
11    emergency transport;
12        (4) a statement informing the client that, in the
13    event of an emergency or voluntary transfer or if
14    subsequent care is required resulting from the acts or
15    omissions of the licensed certified professional midwife,
16    no liability for the acts or omissions of the licensed
17    certified professional midwife are assignable to the
18    receiving hospital, health care facility, physician,
19    nurse, emergency personnel, or other medical professional
20    rendering such care; the receiving hospital, health care
21    facility, physician, nurse, emergency medical personnel,
22    hospital, or other medical professional rendering care are
23    responsible for their own acts and omissions;
24        (5) a statement outlining the necessary emergency
25    equipment, drugs, and personnel available to provide
26    appropriate care in the home;

 

 

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1        (6) the intent to provide at least one midwife
2    assistant or student midwife during intrapartum and
3    immediate postpartum care; and
4        (7) a recommendation that the client preregister with
5    the nearest hospital and explain the benefits of
6    preregistration.
7    (b) A licensed certified professional midwife shall, at an
8initial prenatal visit with a client, provide a copy of the
9written disclosures required under this Section to the client
10and obtain the client's signature acknowledging that the
11client has been informed, orally and in writing, of the
12disclosures required.
 
13    Section 70. Scope of practice.
14    (a) A licensed certified professional midwife shall:
15        (1) offer each client routine prenatal care and
16    testing in accordance with current American College of
17    Obstetricians and Gynecologists guidelines;
18        (2) provide all clients with a plan for 24 hour
19    on-call availability by a licensed certified professional
20    midwife, certified nurse midwife, or licensed physician
21    throughout pregnancy, intrapartum, and 6 weeks postpartum;
22        (3) provide clients with labor support, fetal
23    monitoring, and routine assessment of vital signs once
24    active labor is established;
25        (4) supervise delivery of infant and placenta, assess

 

 

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1    newborn and maternal well-being in immediate postpartum,
2    and perform an Apgar score assessment;
3        (5) perform routine cord management and inspect for an
4    appropriate number of vessels;
5        (6) inspect the placenta and membranes for
6    completeness;
7        (7) inspect the perineum and vagina postpartum for
8    lacerations and stabilize if necessary;
9        (8) observe the childbearing individual and newborn
10    postpartum until stable condition is achieved, but in no
11    event for less than 2 hours;
12        (9) instruct the childbearing individual, spouse, and
13    other support persons, both verbally and in writing, of
14    the special care and precautions for both the childbearing
15    individual and newborn in the immediate postpartum period;
16        (10) reevaluate maternal and newborn well-being within
17    36 hours of delivery;
18        (11) notify a pediatric health care professional
19    within 72 hours after delivery;
20        (12) use universal precautions with all biohazard
21    materials;
22        (13) ensure that a birth certificate is accurately
23    completed and filed in accordance with the Department of
24    Public Health;
25        (14) offer to obtain and submit a blood sample in
26    accordance with the recommendations for metabolic

 

 

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1    screening of the newborn;
2        (15) offer an injection of vitamin K for the newborn
3    in accordance with the indication, dose, and
4    administration route as authorized in subsection (b);
5        (16) within one week of delivery, offer a newborn
6    hearing screening to every newborn or refer the parents to
7    a facility with a newborn hearing screening program;
8        (17) within 2 hours of the birth, offer the
9    administration of antibiotic ointment into the eyes of the
10    newborn, in accordance with the Infant Eye Disease Act;
11    and
12        (18) maintain adequate antenatal and perinatal records
13    of each client and provide records to consulting licensed
14    physicians and licensed certified nurse midwives, in
15    accordance with regulations promulgated under the Health
16    Insurance Portability and Accountability Act of 1996.
17    (b) A licensed certified professional midwife may
18administer the following during the practice of midwifery:
19        (1) oxygen for the treatment of fetal distress;
20        (2) eye prophylactics, either 0.5% erythromycin
21    ophthalmic ointment or 1% tetracycline ophthalmic ointment
22    for the prevention of neonatal ophthalmia;
23        (3) oxytocin, pitocin, or misoprostol as a postpartum
24    antihemorrhagic agent;
25        (4) methylergonovine or methergine for the treatment
26    of postpartum hemorrhage;

 

 

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1        (5) vitamin K for the prophylaxis of hemorrhagic
2    disease of the newborn;
3        (6) Rho (D) immune globulin for the prevention of Rho
4    (D) sensitization in Rho (D) negative individuals;
5        (7) intravenous fluids for maternal stabilization,
6    including lactated Ringer's solution, or with 5% dextrose;
7        (8) administer antibiotics as prophylactic for GBS in
8    accordance with current ACOG protocols as provided by
9    Department rule;
10        (9) ibuprofen for postpartum pain relief;
11        (10) lidocaine injection as a local anesthetic for
12    perineal repair; and
13        (11) sterile water subcutaneous injections as a
14    non-pharmaceutical form of pain relief during the first
15    and second stages of labor.
16    The Department may approve additional medications, agents,
17or procedures based upon updated evidence-based obstetrical
18guidelines or based upon limited availability of standard
19medications or agents.
20    (c) A licensed certified professional midwife shall plan
21for at least 2 licensed certified professional midwives or a
22licensed certified professional midwife and a midwife
23assistant or student midwife to be present at all
24out-of-hospital births.
 
25    Section 75. Consultation and referral.

 

 

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1    (a) A licensed certified professional midwife shall
2consult with a licensed physician or a certified nurse midwife
3providing obstetrical care whenever there are significant
4deviations, including abnormal laboratory results, relative to
5a client's pregnancy or to a neonate. If a referral to a
6physician or certified nurse midwife is needed, the licensed
7certified professional midwife shall refer the client to a
8physician or certified nurse midwife and, if possible, remain
9in consultation with the physician until resolution of the
10concern. Consultation does not preclude the possibility of an
11out-of-hospital birth. It is appropriate for the licensed
12certified professional midwife to maintain care of the client
13to the greatest degree possible, in accordance with the
14client's wishes, during the pregnancy and, if possible, during
15labor, birth, and the postpartum period.
16    (b) A licensed certified professional midwife shall
17consult with a licensed physician or a certified nurse midwife
18with regard to any childbearing individual who presents with
19or develops the following risk factors or presents with or
20develops other risk factors that, in the judgment of the
21licensed certified professional midwife, warrant consultation:
22        (1) Antepartum:
23            (A) pregnancy induced hypertension, as evidenced
24        by a blood pressure of 140/90 on 2 occasions greater
25        than 6 hours apart;
26            (B) persistent, severe headaches, epigastric pain,

 

 

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1        or visual disturbances;
2            (C) persistent symptoms of urinary tract
3        infection;
4            (D) significant vaginal bleeding before the onset
5        of labor not associated with uncomplicated spontaneous
6        abortion;
7            (E) rupture of membranes prior to the 37th week
8        gestation;
9            (F) noted abnormal decrease in or cessation of
10        fetal movement;
11            (G) anemia resistant to supplemental therapy;
12            (H) fever of 102 degrees Fahrenheit or 39 degrees
13        Celsius or greater for more than 24 hours;
14            (I) non-vertex presentation after 38 weeks
15        gestation;
16            (J) hyperemesis or significant dehydration;
17            (K) isoimmunization, Rh-negative sensitized,
18        positive titers, or any other positive antibody titer,
19        which may have a detrimental effect on the
20        childbearing individual or fetus;
21            (L) elevated blood glucose levels unresponsive to
22        dietary management;
23            (M) positive HIV antibody test;
24            (N) primary genital herpes infection in pregnancy;
25            (O) symptoms of malnutrition or anorexia or
26        protracted weight loss or failure to gain weight;

 

 

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1            (P) suspected deep vein thrombosis;
2            (Q) documented placental anomaly or previa;
3            (R) documented low-lying placenta in a
4        childbearing individual with history of previous
5        cesarean delivery;
6            (S) labor prior to the 37th week of gestation;
7            (T) history of prior uterine incision;
8            (U) lie other than vertex at term;
9            (V) multiple gestation;
10            (W) known fetal anomalies that may be affected by
11        the site of birth;
12            (X) marked abnormal fetal heart tones;
13            (Y) abnormal non-stress test or abnormal
14        biophysical profile;
15            (Z) marked or severe polyhydramnios or
16        oligohydramnios;
17            (AA) evidence of intrauterine growth restriction;
18            (BB) significant abnormal ultrasound findings; or
19            (CC) gestation beyond 42 weeks by reliable
20        confirmed dates;
21        (2) Intrapartum:
22            (A) rise in blood pressure above baseline, more
23        than 30/15 points or greater than 140/90;
24            (B) persistent, severe headaches, epigastric pain
25        or visual disturbances;
26            (C) significant proteinuria or ketonuria;

 

 

HB3401 Engrossed- 24 -LRB102 14708 SPS 20061 b

1            (D) fever over 100.6 degrees Fahrenheit or 38
2        degrees Celsius in absence of environmental factors;
3            (E) ruptured membranes without onset of
4        established labor after 18 hours;
5            (F) significant bleeding prior to delivery or any
6        abnormal bleeding, with or without abdominal pain or
7        evidence of placental abruption;
8            (G) lie not compatible with spontaneous vaginal
9        delivery or unstable fetal lie;
10            (H) failure to progress after 5 hours of active
11        labor or following 2 hours of active second stage
12        labor;
13            (I) signs or symptoms of maternal infection;
14            (J) active genital herpes at onset of labor;
15            (K) fetal heart tones with non-reassuring
16        patterns;
17            (L) signs or symptoms of fetal distress;
18            (M) thick meconium or frank bleeding with birth
19        not imminent; or
20            (N) client or licensed certified professional
21        midwife desires physician consultation or transfer;
22        (3) Postpartum:
23            (A) failure to void within 6 hours of birth;
24            (B) signs or symptoms of maternal shock;
25            (C) fever of 102 degrees Fahrenheit or 39 degrees
26        Celsius and unresponsive to therapy for 12 hours;

 

 

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1            (D) abnormal lochia or signs or symptoms of
2        uterine sepsis;
3            (E) suspected deep vein thrombosis; or
4            (F) signs of clinically significant depression.
5    (c) A licensed certified professional midwife shall
6consult with a licensed physician or certified nurse midwife
7with regard to any neonate who is born with or develops the
8following risk factors:
9        (1) Apgar score of 6 or less at 5 minutes without
10    significant improvement by 10 minutes;
11        (2) persistent grunting respirations or retractions;
12        (3) persistent cardiac irregularities;
13        (4) persistent central cyanosis or pallor;
14        (5) persistent lethargy or poor muscle tone;
15        (6) abnormal cry;
16        (7) birth weight less than 2,300 grams;
17        (8) jitteriness or seizures;
18        (9) jaundice occurring before 24 hours or outside of
19    normal range;
20        (10) failure to urinate within 24 hours of birth;
21        (11) failure to pass meconium within 48 hours of
22    birth;
23        (12) edema;
24        (13) prolonged temperature instability;
25        (14) significant signs or symptoms of infection;
26        (15) significant clinical evidence of glycemic

 

 

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1    instability;
2        (16) abnormal, bulging, or depressed fontanel;
3        (17) significant clinical evidence of prematurity;
4        (18) medically significant congenital anomalies;
5        (19) significant or suspected birth injury;
6        (20) persistent inability to suck;
7        (21) diminished consciousness;
8        (22) clinically significant abnormalities in vital
9    signs, muscle tone, or behavior;
10        (23) clinically significant color abnormality,
11    cyanotic, or pale or abnormal perfusion;
12        (24) abdominal distension or projectile vomiting; or
13        (25) signs of clinically significant dehydration or
14    failure to thrive.
15    (d) Consultation with a health care professional does not
16establish a formal relationship with the client. Consultation
17does not establish a formal relationship between a licensed
18certified professional midwife and another health care
19professional.
 
20    Section 80. Transfer.
21    (a) Transport via private vehicle is an acceptable method
22of transport if it is the most expedient and safest method for
23accessing medical services. The licensed certified
24professional midwife shall initiate immediate transport
25according to the licensed certified professional midwife's

 

 

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1emergency plan, provide emergency stabilization until
2emergency medical services arrive or transfer is completed,
3accompany the client or follow the client to a hospital in a
4timely fashion, and provide pertinent information to the
5receiving facility and complete an emergency.
6    (b) A licensed certified professional midwife must
7establish a written protocol for the handling of both the
8patient's and newborn's medical emergencies, including
9transportation to a hospital, particular to each client, with
10identification of the appropriate hospital. A verbal report of
11the care provided must be provided to emergency services
12providers and a copy of the client records shall be sent with
13the client at the time of any transfer to a hospital, including
14obtaining a signed authorization to release the client's
15medical records to a health care professional or hospital in
16the event of such emergency transport.
 
17    Section 85. Prohibited practices.
18    (a) A licensed certified professional midwife may not do
19any of the following:
20        (1) administer prescription pharmacological agents
21    intended to induce or augment labor;
22        (2) administer prescription pharmacological agents to
23    provide pain management;
24        (3) use vacuum extractors or forceps;
25        (4) prescribe medications;

 

 

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1        (5) provide out-of-hospital care to a childbearing
2    individual who has had a previous cesarean section;
3        (6) perform surgical procedures, including, but not
4    limited to, abortions, cesarean sections, and
5    circumcisions, except for an emergency episiotomy;
6        (7) knowingly accept responsibility for prenatal or
7    intrapartum care of a client with any of the following
8    risk factors:
9            (A) chronic significant maternal cardiac,
10        pulmonary, renal, or hepatic disease;
11            (B) malignant disease in an active phase;
12            (C) significant hematological disorders,
13        coagulopathies, or pulmonary embolism;
14            (D) insulin requiring diabetes mellitus;
15            (E) known maternal congenital abnormalities
16        affecting childbirth;
17            (F) confirmed isoimmunization, Rh disease with
18        positive titer;
19            (G) active tuberculosis;
20            (H) active syphilis or gonorrhea;
21            (I) active genital herpes infection 2 weeks prior
22        to labor or in labor;
23            (J) pelvic or uterine abnormalities affecting
24        normal vaginal births, including tumors and
25        malformations;
26            (K) alcoholism or alcohol abuse;

 

 

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1            (L) drug addiction or abuse; or
2            (M) confirmed AIDS status.
3    (b) A licensed certified professional midwife shall not
4administer Schedule II through IV controlled substances.
5Subject to a prescription by a health care professional,
6Schedule V controlled substances may be administered by
7licensed certified professional midwives.
 
8    Section 90. Annual Reports.
9    (a) Beginning in 2023, a licensed certified professional
10midwife shall annually report to the Department of Public
11Health, by no later than March 31 of each year, in a manner
12specified by the Department of Public Health, the following
13information regarding cases in which the licensed certified
14professional midwife assisted during the previous calendar
15year when the intended place of birth at the onset of care was
16an out-of-hospital setting:
17        (1) the total number of patients served at the onset
18    of care;
19        (2) the number, by county, of live births attended;
20        (3) the number, by county, of cases of fetal demise,
21    infant deaths, and maternal deaths attended at the
22    discovery of the demise or death;
23        (4) the number of women whose care was transferred to
24    another health care professional during the antepartum
25    period and the reason for transfer;

 

 

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1        (5) the number, reason for, and outcome of each
2    nonemergency hospital transfer during the intrapartum or
3    postpartum period;
4        (6) the number, reason for, and outcome of each urgent
5    or emergency transport of an expectant childbearing
6    individual in the antepartum period;
7        (7) the number, reason for, and outcome of each urgent
8    or emergency transport of an infant or childbearing
9    individual during the intrapartum or immediate postpartum
10    period;
11        (8) the number of planned out-of-hospital births at
12    the onset of labor and the number of births completed in an
13    out-of-hospital setting;
14        (9) a brief description of any complications resulting
15    in the morbidity or mortality of a childbearing individual
16    or a neonate; and
17        (10) any other information required by rule by the
18    Department of Public Health.
19    (b) A licensed certified professional midwife who fails to
20comply with the reporting requirements under this Section
21shall be prohibited from license renewal until the information
22required under subsection (a) is reported.
23    (c) The Board shall maintain the confidentiality of any
24report under subsection (f).
25    (d) Notwithstanding any other provision of law, a licensed
26certified professional midwife shall be subject to the same

 

 

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1reporting requirements as other health care professionals who
2provide care to individuals.
3    (f) Reports are confidential under Section 180 of this
4Act.
 
5    Section 95. Vicarious liability.
6    (a) Consultation with a physician or advanced practice
7registered nurse does not alone create a physician-patient or
8advanced practice registered nurse-patient relationship or any
9other relationship with the physician or advanced practice
10registered nurse. The informed consent shall specifically
11state that the licensed certified professional midwife and any
12consulting physician or advanced practice registered nurse are
13not employees, partners, associates, agents, or principals of
14one another. The licensed certified professional midwife shall
15inform the patient that he or she is independently licensed
16and practicing midwifery and in that regard is solely
17responsible for the services he or she provides.
18    (b) Nothing in this Act is intended to expand or limit the
19malpractice liability of physicians, advanced practice
20registered nurses, licensed certified professional midwives,
21or other health care professionals, hospitals, or other health
22care institutions beyond the limits existing in current
23Illinois statutory and common law; however, no physician,
24nurse, emergency medical personnel, hospital, or other health
25care institution shall be liable for any act or omission

 

 

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1resulting from the provision of services by any licensed
2certified professional midwife, even if the physician, nurse,
3emergency medical personnel, hospital, or other health care
4institution has consulted with or accepted a referral from the
5licensed certified professional midwife. The physician, nurse,
6licensed certified professional midwife, emergency medical
7personnel, hospital, or other health care institution
8providing care are responsible for their own acts and
9omissions.
 
10    Section 100. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or to renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or non-disciplinary action with regard to any
14license issued under this Act as the Department may deem
15proper, including the issuance of fines not to exceed $10,000
16for each violation, for any one or combination of the
17following causes:
18        (1) Material misstatement in furnishing information to
19    the Department.
20        (2) Violations of this Act, or the rules adopted under
21    this Act.
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or
24    sentencing, including, but not limited to, convictions,
25    preceding sentences of supervision, conditional discharge,

 

 

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1    or first offender probation, under the laws of any
2    jurisdiction of the United States that is: (i) a felony;
3    or (ii) a misdemeanor, an essential element of which is
4    dishonesty, or that is directly related to the practice of
5    the profession.
6        (4) Making any misrepresentation for the purpose of
7    obtaining licenses.
8        (5) Professional incompetence.
9        (6) Aiding or assisting another person in violating
10    any provision of this Act or its rules.
11        (7) Failing, within 60 days, to provide information in
12    response to a written request made by the Department.
13        (8) Engaging in dishonorable, unethical, or
14    unprofessional conduct, as defined by rule, of a character
15    likely to deceive, defraud, or harm the public.
16        (9) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    that results in a midwife's inability to practice with
19    reasonable judgment, skill, or safety.
20        (10) Discipline by another U.S. jurisdiction or
21    foreign nation, if at least one of the grounds for
22    discipline is the same or substantially equivalent to
23    those set forth in this Section.
24        (11) Directly or indirectly giving to or receiving
25    from any person, firm, corporation, partnership, or
26    association any fee, commission, rebate or other form of

 

 

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1    compensation for any professional services not actually or
2    personally rendered. Nothing in this paragraph affects any
3    bona fide independent contractor or employment
4    arrangements, including provisions for compensation,
5    health insurance, pension, or other employment benefits,
6    with persons or entities authorized under this Act for the
7    provision of services within the scope of the licensee's
8    practice under this Act.
9        (12) A finding by the Department that the licensee,
10    after having his or her license placed on probationary
11    status, has violated the terms of probation.
12        (13) Abandonment of a patient.
13        (14) Willfully making or filing false records or
14    reports in his or her practice, including, but not limited
15    to, false records filed with state agencies or
16    departments.
17        (15) Willfully failing to report an instance of
18    suspected child abuse or neglect as required by the Abused
19    and Neglected Child Reporting Act.
20        (16) Physical illness, or mental illness or impairment
21    that results in the inability to practice the profession
22    with reasonable judgment, skill, or safety, including, but
23    not limited to, deterioration through the aging process or
24    loss of motor skill.
25        (17) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

HB3401 Engrossed- 35 -LRB102 14708 SPS 20061 b

1    under the Abused and Neglected Child Reporting Act, and
2    upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (18) Gross negligence resulting in permanent injury or
7    death of a patient.
8        (19) Employment of fraud, deception, or any unlawful
9    means in applying for or securing a license as a licensed
10    certified profession midwife.
11        (21) Immoral conduct in the commission of any act,
12    including sexual abuse, sexual misconduct, or sexual
13    exploitation related to the licensee's practice.
14        (22) Violation of the Health Care Worker Self-Referral
15    Act.
16        (23) Practicing under a false or assumed name, except
17    as provided by law.
18        (24) Making a false or misleading statement regarding
19    his or her skill or the efficacy or value of the medicine,
20    treatment, or remedy prescribed by him or her in the
21    course of treatment.
22        (25) Allowing another person to use his or her license
23    to practice.
24        (26) Prescribing, selling, administering,
25    distributing, giving, or self-administering a drug
26    classified as a controlled substance for purposes other

 

 

HB3401 Engrossed- 36 -LRB102 14708 SPS 20061 b

1    than medically-accepted therapeutic purposes.
2        (27) Promotion of the sale of drugs, devices,
3    appliances, or goods provided for a patient in a manner to
4    exploit the patient for financial gain.
5        (28) A pattern of practice or other behavior that
6    demonstrates incapacity or incompetence to practice under
7    this Act.
8        (29) Violating State or federal laws, rules, or
9    regulations relating to controlled substances or other
10    legend drugs or ephedra as defined in the Ephedra
11    Prohibition Act.
12        (30) Failure to establish and maintain records of
13    patient care and treatment as required by law.
14        (31) Attempting to subvert or cheat on the examination
15    of the North American Registry of Midwives or its
16    successor agency.
17        (32) Willfully or negligently violating the
18    confidentiality between licensed certified profession
19    midwives and patient, except as required by law.
20        (33) Willfully failing to report an instance of
21    suspected abuse, neglect, financial exploitation, or
22    self-neglect of an eligible adult as defined in and
23    required by the Adult Protective Services Act.
24        (34) Being named as an abuser in a verified report by
25    the Department on Aging under the Adult Protective
26    Services Act and upon proof by clear and convincing

 

 

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1    evidence that the licensee abused, neglected, or
2    financially exploited an eligible adult as defined in the
3    Adult Protective Services Act.
4        (35) Failure to report to the Department an adverse
5    final action taken against him or her by another licensing
6    jurisdiction of the United States or a foreign state or
7    country, a peer review body, a health care institution, a
8    professional society or association, a governmental
9    agency, a law enforcement agency, or a court.
10        (36) Failure to provide copies of records of patient
11    care or treatment, except as required by law.
12        (37) Failure of a licensee to report to the Department
13    surrender by the licensee of a license or authorization to
14    practice in another state or jurisdiction or current
15    surrender by the licensee of membership professional
16    association or society while under disciplinary
17    investigation by any of those authorities or bodies for
18    acts or conduct similar to acts or conduct that would
19    constitute grounds for action under this Section.
20        (38) Failing, within 90 days, to provide a response to
21    a request for information in response to a written request
22    made by the Department by certified or registered mail or
23    by email to the email address of record.
24        (39) Failure to supervise a midwife assistant or
25    student midwife including, but not limited to, allowing a
26    midwife assistant or student midwife to exceed their

 

 

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1    scope.
2        (40) Failure to adequately inform a patient about
3    their malpractice liability insurance coverage and the
4    policy limits of the coverage.
5        (41) Failure to submit an annual report to Department
6    of Public Health.
7    (b) The Department may, without a hearing, refuse to issue
8or renew or may suspend the license of any person who fails to
9file a return, or to pay the tax, penalty, or interest shown in
10a filed return, or to pay any final assessment of the tax,
11penalty, or interest as required by any tax Act administered
12by the Department of Revenue, until the requirements of any
13such tax Act are satisfied.
14    (c) The determination by a circuit court that a licensee
15is subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code operates as an automatic suspension. The suspension will
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission
20and issues an order so finding and discharging the patient,
21and upon the recommendation of the Disciplinary Board to the
22Secretary that the licensee be allowed to resume his or her
23practice.
24    (d) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel an individual
26licensed to practice under this Act, or who has applied for

 

 

HB3401 Engrossed- 39 -LRB102 14708 SPS 20061 b

1licensure under this Act, to submit to a mental or physical
2examination, or both, including a substance abuse or sexual
3offender evaluation, as required by and at the expense of the
4Department.
5    The Department shall specifically designate the examining
6physician licensed to practice medicine in all of its branches
7or, if applicable, the multidisciplinary team involved in
8providing the mental or physical examination or both. The
9multidisciplinary team shall be led by a physician licensed to
10practice medicine in all of its branches and may consist of one
11or more or a combination of physicians licensed to practice
12medicine in all of its branches, licensed clinical
13psychologists, licensed clinical social workers, licensed
14clinical professional counselors, and other professional and
15administrative staff. Any examining physician or member of the
16multidisciplinary team may require any person ordered to
17submit to an examination pursuant to this Section to submit to
18any additional supplemental testing deemed necessary to
19complete any examination or evaluation process, including, but
20not limited to, blood testing, urinalysis, psychological
21testing, or neuropsychological testing.
22    The Department may order the examining physician or any
23member of the multidisciplinary team to provide to the
24Department any and all records, including business records,
25that relate to the examination and evaluation, including any
26supplemental testing performed.

 

 

HB3401 Engrossed- 40 -LRB102 14708 SPS 20061 b

1    The Department may order the examining physician or any
2member of the multidisciplinary team to present testimony
3concerning the mental or physical examination of the licensee
4or applicant. No information, report, record, or other
5documents in any way related to the examination shall be
6excluded by reason of any common law or statutory privilege
7relating to communications between the licensee or applicant
8and the examining physician or any member of the
9multidisciplinary team. No authorization is necessary from the
10licensee or applicant ordered to undergo an examination for
11the examining physician or any member of the multidisciplinary
12team to provide information, reports, records, or other
13documents or to provide any testimony regarding the
14examination and evaluation.
15    The individual to be examined may have, at his or her own
16expense, another physician of his or her choice present during
17all aspects of this examination. However, that physician shall
18be present only to observe and may not interfere in any way
19with the examination.
20    Failure of an individual to submit to a mental or physical
21examination, when ordered, shall result in an automatic
22suspension of his or her license until the individual submits
23to the examination.
24    If the Department finds an individual unable to practice
25because of the reasons set forth in this Section, the
26Department may require that individual to submit to care,

 

 

HB3401 Engrossed- 41 -LRB102 14708 SPS 20061 b

1counseling, or treatment by physicians approved or designated
2by the Department, as a condition, term, or restriction for
3continued, reinstated, or renewed licensure to practice; or,
4in lieu of care, counseling, or treatment, the Department may
5file a complaint to immediately suspend, revoke, or otherwise
6discipline the license of the individual. An individual whose
7license was granted, continued, reinstated, renewed,
8disciplined, or supervised subject to such terms, conditions,
9or restrictions, and who fails to comply with such terms,
10conditions, or restrictions, shall be referred to the
11Secretary for a determination as to whether the individual
12shall have his or her license suspended immediately, pending a
13hearing by the Department.
14    In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that
16person's license must be convened by the Department within 30
17days after the suspension and completed without appreciable
18delay. The Department shall have the authority to review the
19subject individual's record of treatment and counseling
20regarding the impairment to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
23    An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate
25to the Department that he or she can resume practice in
26compliance with acceptable and prevailing standards under the

 

 

HB3401 Engrossed- 42 -LRB102 14708 SPS 20061 b

1provisions of his or her license.
2    (e) An individual or organization acting in good faith,
3and not in a willful and wanton manner, in complying with this
4Section by providing a report or other information to the
5Board, by assisting in the investigation or preparation of a
6report or information, by participating in proceedings of the
7Board, or by serving as a member of the Board, shall not be
8subject to criminal prosecution or civil damages as a result
9of such actions.
10    (f) Members of the Board and the Disciplinary Board shall
11be indemnified by the State for any actions occurring within
12the scope of services on the Disciplinary Board or Board, done
13in good faith and not willful and wanton in nature. The
14Attorney General shall defend all such actions unless he or
15she determines either that there would be a conflict of
16interest in such representation or that the actions complained
17of were not in good faith or were willful and wanton.
18    If the Attorney General declines representation, the
19member has the right to employ counsel of his or her choice,
20whose fees shall be provided by the State, after approval by
21the Attorney General, unless there is a determination by a
22court that the member's actions were not in good faith or were
23willful and wanton.
24    The member must notify the Attorney General within 7 days
25after receipt of notice of the initiation of any action
26involving services of the Disciplinary Board. Failure to

 

 

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1notify the Attorney General constitutes an absolute waiver of
2the right to a defense and indemnification.
3    The Attorney General shall determine, within 7 days after
4receiving such notice, whether he or she will undertake to
5represent the member.
 
6    Section 105. Suspension of license for failure to pay
7restitution. The Department, without further process or
8hearing, shall suspend the license or other authorization to
9practice of any person issued under this Act who has been
10certified by court order as not having paid restitution to a
11person under Section 8A-3.5 of the Illinois Public Aid Code or
12under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
13the Criminal Code of 2012. A person whose license or other
14authorization to practice is suspended under this Section is
15prohibited from practicing until the restitution is made in
16full.
 
17    Section 110. Restoration of license. At any time after the
18successful completion of a term of probation, suspension, or
19revocation of any license, the Department may restore it to
20the licensee, unless after an investigation and a hearing, the
21Department determines that restoration is not in the public
22interest. Where circumstances of suspension or revocation so
23indicate, the Department may require an examination of the
24licensee prior to restoring his or her license. No person

 

 

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1whose license has been revoked as authorized in this Act may
2apply for restoration of that license until provided for in
3the Civil Administrative Code of Illinois.
4    A license that has been suspended or revoked shall be
5considered nonrenewed for purposes of restoration and a person
6restoring his or her license from suspension or revocation
7must comply with the requirements for restoration of a
8nonrenewed license as set forth in Section 20 and any related
9rules adopted.
 
10    Section 115. Surrender of license. Upon the revocation or
11suspension of any license, the licensee shall immediately
12surrender the license to the Department. If the licensee fails
13to do so, the Department shall have the right to seize the
14license.
 
15    Section 120. Temporary suspension of license. The
16Secretary may temporarily suspend the license of a certified
17professional midwife without a hearing, simultaneously with
18the institution of proceedings for a hearing provided for in
19Section 125, if the Secretary finds that evidence in his or her
20possession indicates that continuation in practice would
21constitute an imminent danger to the public. If the Secretary
22suspends, temporarily, the license without a hearing, a
23hearing by the Department must be held within 30 days after
24such suspension has occurred, and concluded without

 

 

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1appreciable delay.
 
2    Section 125. Rehearing. If the Secretary is satisfied that
3substantial justice has not been done in the revocation,
4suspension, or refusal to issue or renew a license, the
5Secretary may order a rehearing by the same or another hearing
6officer or Disciplinary Board.
 
7    Section 130. Administrative review; certification of
8record.
9    (a) All final administrative decisions of the Department
10are subject to judicial review pursuant to the provisions of
11the Administrative Review Law, and all rules adopted pursuant
12thereto. "Administrative decision" has the same meaning as
13used in Section 3-101 of the Code of Civil Procedure.
14    (b) Proceedings for judicial review shall be commenced in
15the circuit court of the county in which the party applying for
16review resides, but if the party is not a resident of this
17State, venue shall be in Sangamon County.
18    (c) The Department shall not be required to certify any
19record to the court, to file an answer in court, or to
20otherwise appear in any court in a judicial review proceeding
21unless and until the Department has received from the
22plaintiff payment of the costs of furnishing and certifying
23the record, which costs shall be determined by the Department.
24Exhibits shall be certified without cost. Failure on the part

 

 

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1of the plaintiff to file a receipt in court is grounds for
2dismissal of the action. During the pendency and hearing of
3any and all judicial proceedings incident to the disciplinary
4action, the sanctions imposed upon the accused by the
5Department because of acts or omissions related to the
6delivery of direct patient care as specified in the
7Department's final administrative decision, shall, as a matter
8of public policy, remain in full force and effect in order to
9protect the public pending final resolution of any of the
10proceedings.
 
11    Section 135. Injunction.
12    (a) If any person violates any provision of this Act, the
13Secretary may, in the name of the People of the State of
14Illinois, through the Attorney General, or the State's
15Attorney of any county in which the action is brought,
16petition for an order enjoining the violation or for an order
17enforcing compliance with this Act. Upon the filing of a
18verified petition in court, the court may issue a temporary
19restraining order, without notice or bond, and may
20preliminarily and permanently enjoin such violation, and if it
21is established that such person has violated or is violating
22the injunction, the Court may punish the offender for contempt
23of court. Proceedings under this Section shall be in addition
24to, and not in lieu of, all other remedies and penalties
25provided by this Act.

 

 

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1    (b) If any person shall practice as a certified
2professional midwife or hold himself or herself out as a
3licensed certified professional midwife without being licensed
4under the provisions of this Act, then any licensed certified
5professional midwife, any interested party, or any person
6injured thereby may, in addition to the Secretary, petition
7for relief as provided in subsection (a).
8    (c) If, in the opinion of the Department, any person
9violates any provision of this Act, the Department may issue a
10rule to show cause why an order to cease and desist should not
11be entered against him or her. The rule shall clearly set forth
12the grounds relied upon by the Department and shall provide a
13period of 7 days from the date of the rule to file an answer to
14the satisfaction of the Department. Failure to answer to the
15satisfaction of the Department shall cause an order to cease
16and desist to be issued forthwith.
 
17    Section 140. Investigation; notice; hearing. The
18Department may investigate the actions of any applicant or of
19any person or persons holding or claiming to hold a license.
20The Department shall, before suspending, revoking, placing on
21probationary status, or taking any other disciplinary action
22as the Department may deem proper with regard to any license,
23at least 30 days prior to the date set for the hearing, notify
24the applicant or licensee in writing of any charges made and
25the time and place for a hearing of the charges before the

 

 

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1Disciplinary Board, direct him or her to file his or her
2written answer thereto to the Disciplinary Board under oath
3within 20 days after the service on him or her of such notice
4and inform him or her that if he or she fails to file such
5answer default will be taken against him or her and his or her
6license may be suspended, revoked, placed on probationary
7status, or have other disciplinary action, including limiting
8the scope, nature, or extent of his or her practice, as the
9Department may deem proper taken with regard thereto. Written
10or electronic notice may be served by personal delivery,
11email, or mail to the applicant or licensee at his or her
12address of record or email address of record. At the time and
13place fixed in the notice, the Department shall proceed to
14hear the charges and the parties or their counsel shall be
15accorded ample opportunity to present such statements,
16testimony, evidence, and argument as may be pertinent to the
17charges or to the defense thereto. The Department may continue
18such hearing from time to time. In case the applicant or
19licensee, after receiving notice, fails to file an answer, his
20or her license may in the discretion of the Secretary, having
21received first the recommendation of the Disciplinary Board,
22be suspended, revoked, placed on probationary status, or the
23Secretary may take whatever disciplinary action as he or she
24may deem proper, including limiting the scope, nature, or
25extent of such person's practice, without a hearing, if the
26act or acts charged constitute sufficient grounds for such

 

 

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1action under this Act.
 
2    Section 145. Hearing report. At the conclusion of the
3hearing, the Disciplinary Board shall present to the Secretary
4a written report of its findings of fact, conclusions of law,
5and recommendations. The report shall contain a finding of
6whether the accused person violated this Act or failed to
7comply with the conditions required in this Act. The
8Disciplinary Board shall specify the nature of the violation
9or failure to comply, and shall make its recommendations to
10the Secretary.
11    The report of findings of fact, conclusions of law, and
12recommendation of the Disciplinary Board shall be the basis
13for the Department's order or refusal or for the granting of a
14license or permit. The finding is not admissible in evidence
15against the person in a criminal prosecution brought for the
16violation of this Act, but the hearing and finding are not a
17bar to a criminal prosecution brought for the violation of
18this Act.
 
19    Section 150. Hearing officer. Notwithstanding the
20provisions of Section 140, the Secretary shall have the
21authority to appoint any attorney duly licensed to practice
22law in this State to serve as the hearing officer in any action
23for refusal to issue or renew, or for discipline of, a license.
24The hearing officer shall have full authority to conduct the

 

 

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1hearing. The hearing officer shall report his or her findings
2of fact, conclusions of law, and recommendations to the
3Disciplinary Board and the Secretary. The Disciplinary Board
4shall have 60 days from receipt of the report to review the
5report of the hearing officer and present their findings of
6fact, conclusions of law, and recommendations to the
7Secretary. If the Disciplinary Board fails to present its
8report within the 60-day period, the respondent may request in
9writing a direct appeal to the Secretary, in which case the
10Secretary may issue an order based upon the report of the
11hearing officer and the record of the proceedings or issue an
12order remanding the matter back to the hearing officer for
13additional proceedings in accordance with the order.
14Notwithstanding any other provision of this Section, if the
15Secretary, upon review, determines that substantial justice
16has not been done in the revocation, suspension, or refusal to
17issue or renew a license or other disciplinary action taken as
18the result of the entry of the hearing officer's report, the
19Secretary may order a rehearing by the same or other
20examiners. If the Secretary disagrees in any regard with the
21report of the Disciplinary Board or hearing officer, he or she
22may issue an order in contravention thereof.
 
23    Section 155. Motion for rehearing.    In any case
24involving the refusal to issue, renew, or discipline of a
25license, a copy of the Disciplinary Board's report shall be

 

 

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1served upon the respondent by the Department, either
2personally or as provided in this Act for the service of the
3notice of hearing. Within 20 days after such service, the
4respondent may present to the Department a motion in writing
5for a rehearing, which motion shall specify the particular
6grounds therefor. If no motion for rehearing is filed, then
7upon the expiration of the time specified for filing such a
8motion, or if a motion for rehearing is denied, then upon such
9denial the Secretary may enter an order in accordance with
10recommendations of the Disciplinary Board except as provided
11in Section 145 or 150. If the respondent shall order from the
12reporting service, and pay for a transcript of the record
13within the time for filing a motion for rehearing, the 20-day
14period within which such a motion may be filed shall commence
15upon the delivery of the transcript to the respondent.
 
16    Section 160. Certification of records by Department. The
17Department shall not be required to certify any record to the
18court or file any answer in court or otherwise appear in any
19court in a judicial review proceeding, unless there is filed
20in the court, with the complaint, a receipt from the
21Department acknowledging payment of the costs of furnishing
22and certifying the record. Failure on the part of the
23plaintiff to file a receipt in court shall be grounds for
24dismissal of the action.
 

 

 

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1    Section 165. Violation. Any person who is found to have
2knowingly violated any provision of this Act is guilty of a
3Class A misdemeanor. On conviction of a second or subsequent
4offense the violator shall be guilty of a Class 4 felony.
 
5    Section 170. Fees.
6    (a) Fees collected for the administration of this Act
7shall be set by the Department by rule. All fees are
8nonrefundable.
9    (b) All moneys collected under this Act by the Department
10shall be deposited in the General Professions Fund.
 
11    Section 175. Returned checks; fines. Any person who
12delivers a check or other payment to the Department that is
13returned to the Department unpaid by the financial institution
14upon which it is drawn shall pay to the Department, in addition
15to the amount already owed to the Department, a fine of $50.
16The fines imposed by this Section are in addition to any other
17discipline provided under this Act for unlicensed practice or
18practice on a nonrenewed license. The Department shall notify
19the person that payment of fees and fines shall be paid to the
20Department by certified check or money order within 30
21calendar days of the notification. If, after the expiration of
2230 days from the date of the notification, the person has
23failed to submit the necessary remittance, the Department
24shall automatically terminate the license or certificate or

 

 

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1deny the application, without hearing. If, after termination
2or denial, the person seeks a license or certificate, he or she
3shall apply to the Department for restoration or issuance of
4the license or certificate and pay all fees and fines due to
5the Department. The Department may establish a fee for the
6processing of an application for restoration of a license or
7certificate to pay all expenses of processing this
8application. The Secretary may waive the fines due under this
9Section in individual cases where the Secretary finds that the
10fines would be unreasonable or unnecessarily burdensome.
 
11    Section 180. Confidentiality. All information collected by
12the Department in the course of an examination or
13investigation of a licensee or applicant, including, but not
14limited to, any complaint against a licensee filed with the
15Department and information collected to investigate any such
16complaint, shall be maintained for the confidential use of the
17Department and shall not be disclosed. The Department shall
18not disclose the information to anyone other than law
19enforcement officials, regulatory agencies that have an
20appropriate regulatory interest as determined by the
21Secretary, or a party presenting a lawful subpoena to the
22Department. Information and documents disclosed to a federal,
23State, county, or local law enforcement agency shall not be
24disclosed by the agency for any purpose to any other agency or
25person. A formal complaint filed against a licensee by the

 

 

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1Department or any order issued by the Department against a
2licensee or applicant shall be a public record, except as
3otherwise prohibited by law.
 
4    Section 185. The Regulatory Sunset Act is amended by
5changing Section 4.37 as follows:
 
6    (5 ILCS 80/4.37)
7    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8The following are repealed on January 1, 2027:
9    The Clinical Psychologist Licensing Act.
10    The Illinois Optometric Practice Act of 1987.
11    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13    The Boiler and Pressure Vessel Repairer Regulation Act.
14    The Marriage and Family Therapy Licensing Act.
15    The Licensed Certified Professional Midwife Practice Act.
16(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1799-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
188-18-17; 100-372, eff. 8-25-17.)