Full Text of SB3712 96th General Assembly
SB3712ham003 96TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 11/16/2010
| | 09600SB3712ham003 | | LRB096 19949 ASK 43606 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3712
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3712, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the Home | 6 | | Birth Safety Act. | 7 | | Section 5. Purpose. The practice of midwifery in | 8 | | out-of-hospital settings is hereby declared to affect the | 9 | | public health, safety, and welfare and to be subject to | 10 | | regulation in the public interest. The purpose of the Act is to | 11 | | protect and benefit the public by setting standards for the | 12 | | qualifications, education, training, and experience of those | 13 | | who seek to obtain licensure and hold the title of Licensed | 14 | | Midwife, to promote high standards of professional performance | 15 | | for those licensed to practice midwifery in out-of-hospital | 16 | | settings in this State, and to protect the public from |
| | | 09600SB3712ham003 | - 2 - | LRB096 19949 ASK 43606 a |
|
| 1 | | unprofessional conduct by persons licensed to practice | 2 | | midwifery, as defined in this Act. This Act shall be liberally | 3 | | construed to best carry out these purposes. | 4 | | Section 10. Exemptions. | 5 | | (a) This Act does not prohibit a person licensed under any | 6 | | other Act in this State from engaging in the practice for which | 7 | | he or she is licensed or from delegating services as provided | 8 | | for under that other Act. | 9 | | (b) Nothing in this Act shall be construed to prohibit or | 10 | | require licensing under this Act, with regard to a student | 11 | | midwife working under the direction of a licensed midwife. | 12 | | Section 15. Definitions. In this Act:
| 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 | | "Department" means the Department of Financial and | 19 | | Professional Regulation. | 20 | | "Licensed midwife" means a person who has been granted a | 21 | | license under this Act to engage in the practice of midwifery. | 22 | | "National Association of Certified Professional Midwives" | 23 | | or "NACPM" means the professional organization, or its | 24 | | successor, that promotes the growth and development of the |
| | | 09600SB3712ham003 | - 3 - | LRB096 19949 ASK 43606 a |
|
| 1 | | profession of certified professional midwives. | 2 | | "North American Registry of Midwives" or "NARM" means the | 3 | | accredited international agency, or its successor, that has | 4 | | established and has continued to administer certification for | 5 | | the credentialing of certified professional midwives. | 6 | | "Practice of midwifery" means providing the necessary | 7 | | supervision, care, education, and advice to women during the | 8 | | antepartum, intrapartum, and postpartum period, conducting | 9 | | deliveries independently, and caring for the newborn, with such | 10 | | care including without limitation preventative measures, the | 11 | | detection of abnormal conditions in the mother and the child, | 12 | | the procurement of medical assistance, and the execution of | 13 | | emergency measures in the absence of medical help. "Practice of | 14 | | midwifery" includes non-prescriptive family planning. | 15 | | "Secretary" means the Secretary of Financial and | 16 | | Professional Regulation.
| 17 | | Section 20. Unlicensed practice. Beginning 3 years after | 18 | | the effective date of this Act, no person may practice, attempt | 19 | | to practice, or hold himself or herself out to practice as a | 20 | | licensed midwife unless he or she is licensed as a midwife | 21 | | under this Act.
| 22 | | Section 25. Title.
A licensed midwife may identify himself | 23 | | or herself as a Licensed Midwife or a Licensed Homebirth | 24 | | Midwife and may use the abbreviation L.M. A licensed midwife |
| | | 09600SB3712ham003 | - 4 - | LRB096 19949 ASK 43606 a |
|
| 1 | | who carries the CPM credential may alternately identify himself | 2 | | or herself as a Licensed Certified Professional Midwife or | 3 | | Licensed CPM and may use the abbreviation LM, CPM. | 4 | | Section 30. Informed consent. | 5 | | (a) A licensed midwife shall, at an initial consultation | 6 | | with a client, provide a copy of the rules under this Act and | 7 | | disclose to the client orally and in writing all of the | 8 | | following: | 9 | | (1) The licensed midwife's experience and training. | 10 | | (2) Whether the licensed midwife has malpractice | 11 | | liability insurance coverage and the policy limits of any | 12 | | such coverage. | 13 | | (3) A written protocol for the handling of medical | 14 | | emergencies, including transportation to a hospital, | 15 | | particular to each client. | 16 | | (4) A notice that the client must obtain a physical | 17 | | examination from a physician licensed to practice medicine | 18 | | in all its branches, doctor of osteopathy, physician | 19 | | assistant, or advanced practice nurse. | 20 | | (b) A copy of the informed consent document, signed and | 21 | | dated by the client, must be kept in each client's chart.
| 22 | | Section 33. Vicarious liability. No physician licensed to | 23 | | practice medicine in all its branches or advanced practice | 24 | | nurse shall be held liable for an injury solely resulting from |
| | | 09600SB3712ham003 | - 5 - | LRB096 19949 ASK 43606 a |
|
| 1 | | an act or omission by a licensed midwife occurring outside of a | 2 | | hospital, doctor's office or health care facility.
| 3 | | Except as may otherwise be provided by law, nothing in this | 4 | | Section shall exempt any physician licensed to practice | 5 | | medicine in all its branches or advanced practice nurse from | 6 | | liability for his or her own negligent, grossly negligent, or | 7 | | willful or wanton acts or omissions. | 8 | | Section 35. Advertising. | 9 | | (a) Any person licensed under this Act may advertise the | 10 | | availability of professional midwifery services in the public | 11 | | media or on premises where professional services are rendered, | 12 | | if the advertising is truthful and not misleading and is in | 13 | | conformity with any rules regarding the practice of a licensed | 14 | | midwife.
| 15 | | (b) A licensee must include in every advertisement for | 16 | | midwifery services regulated under this Act his or her title as | 17 | | it appears on the license or the initials authorized under this | 18 | | Act.
| 19 | | Section 40. Powers and duties of the Department; rules. | 20 | | (a) Administration by the Department of this Act must be | 21 | | consistent with standards regarding the practice of midwifery | 22 | | established by the National Association of Certified | 23 | | Professional Midwives or a successor organization whose | 24 | | essential documents include without limitation subject matter |
| | | 09600SB3712ham003 | - 6 - | LRB096 19949 ASK 43606 a |
|
| 1 | | concerning scope of practice, standards of practice, informed | 2 | | consent, appropriate consultation, collaboration or referral, | 3 | | and acknowledgement of a woman's right to self determination | 4 | | concerning her maternity care. | 5 | | (b) Rules prescribed by the Department under this Act must | 6 | | provide for the scope of practice, including all of the | 7 | | following:
| 8 | | (1) With regard to testing, care, and screening, a | 9 | | licensed midwife shall: | 10 | | (A) offer each client routine prenatal care and | 11 | | testing in accordance with current American College of | 12 | | Obstetricians and Gynecologists guidelines; | 13 | | (B) provide all clients with a plan for 24-hour | 14 | | on-call availability by a licensed midwife, certified | 15 | | nurse-midwife, or licensed physician throughout | 16 | | pregnancy, intrapartum, and 6 weeks postpartum; | 17 | | (C) provide clients with labor support, fetal | 18 | | monitoring, and routine assessment of vital signs once | 19 | | active labor is established; | 20 | | (D) supervise delivery of infant and placenta, | 21 | | assess newborn and maternal well-being in immediate | 22 | | postpartum, and perform Apgar scores; | 23 | | (E) perform routine cord management and inspect | 24 | | for the appropriate number of vessels; | 25 | | (F) inspect the placenta and membranes for | 26 | | completeness; |
| | | 09600SB3712ham003 | - 7 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (G) inspect the perineum and vagina postpartum for | 2 | | lacerations and stabilize;
| 3 | | (H) observe mother and newborn postpartum until | 4 | | stable condition is achieved, but in no event for less | 5 | | than 2 hours; | 6 | | (I) instruct the mother, father, and other support | 7 | | persons, both verbally and in writing, of the special | 8 | | care and precautions for both mother and newborn in the | 9 | | immediate postpartum period; | 10 | | (J) reevaluate maternal and newborn well-being | 11 | | within 36 hours after delivery.
| 12 | | (K) use universal precautions with all biohazard | 13 | | materials; | 14 | | (L) ensure that a birth certificate is accurately | 15 | | completed and filed in accordance with State law; | 16 | | (M) offer to obtain and submit a blood sample, in | 17 | | accordance with the recommendations for metabolic | 18 | | screening of the newborn; | 19 | | (N) offer an injection of vitamin K for the | 20 | | newborn, in accordance with the indication, dose, and | 21 | | administration route set forth in this Section. | 22 | | (O) within one week after delivery, offer a newborn | 23 | | hearing screening to every newborn or refer the parents | 24 | | to a facility with a newborn hearing screening program; | 25 | | (P) within 2 hours after the birth, offer the | 26 | | administration of anti-biotic ointment into the eyes |
| | | 09600SB3712ham003 | - 8 - | LRB096 19949 ASK 43606 a |
|
| 1 | | of the newborn, in accordance with State law on the | 2 | | prevention of infant blindness; and | 3 | | (Q) maintain adequate antenatal and perinatal | 4 | | records of each client and provide records to | 5 | | consulting licensed physicians and licensed certified | 6 | | nurse-midwives, in accordance with the federal Health | 7 | | Insurance Portability and Accountability Act. | 8 | | (2) With regard to prescription drugs, devices, and | 9 | | procedures, licensed midwives may administer the following | 10 | | medications during the practice of midwifery: | 11 | | (A) oxygen for the treatment of fetal distress; | 12 | | (B) the following eye prophylactics: 0.5% | 13 | | Erythromycin ophthalmic ointment or 1% Tetracycline | 14 | | ophthalmic ointment for the prevention of neonatal | 15 | | ophthalmia; | 16 | | (C) Oxytocin or Pitocin as a postpartum | 17 | | antihemorrhagic agent or as a prophylaxis for | 18 | | hemorrhage; | 19 | | (D) Methylergonovine or Methergine for the | 20 | | treatment of postpartum hemorrhage; | 21 | | (E) Misoprostol (Cytotec), 100-200 mcg for the | 22 | | treatment of postpartum hemorrhage; | 23 | | (F) Vitamin K for the prophylaxis of hemorrhagic | 24 | | disease of the newborn; | 25 | | (G) Rho(D) immune globulin (Rhogam) for the | 26 | | prevention of Rho(D) sensitization in Rho(D) negative |
| | | 09600SB3712ham003 | - 9 - | LRB096 19949 ASK 43606 a |
|
| 1 | | women; | 2 | | (H) Lactated Ringers IV solution may be used for | 3 | | maternal stabilization; | 4 | | (I) Lidocaine injection as a numbing agent for | 5 | | repair of postpartum tears; and | 6 | | (J) sterile water subcutaneous injections as a | 7 | | non-pharmacological form of pain relief during the | 8 | | first and second stages of labor. | 9 | | The medication indications, dose, route of | 10 | | administration, and duration of treatment relating to the | 11 | | administration of drugs and procedures identified under | 12 | | this item (2) are as follows: | 13 | | Medication: Oxygen | 14 | | Indication: Fetal distress | 15 | | Maternal dose: 6-8 L/minute | 16 | | Route of Administration: Mask | 17 | | Duration of Treatment: Until delivery or transfer to a | 18 | | hospital is complete | 19 | | Infant dose: 4-6 L/minute | 20 | | Route of Administration: Bag and mask | 21 | | Infant dose: 4-6 L/minute | 22 | | Route of Administration: Mask | 23 | | Duration of Treatment: 20 minutes or until transfer to a | 24 | | hospital is complete |
| | | 09600SB3712ham003 | - 10 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Medication: 0.5% Erythromycin ophthalmic ointment or 1% | 2 | | Tetracycline ophthalmic ointment | 3 | | Indication: Prophylaxis of Neonatal Ophthalmia | 4 | | Dose: 1 cm ribbon in each eye from unit dose package | 5 | | Route of Administration: Topical | 6 | | Duration of Treatment: 1 dose | 7 | | Medication: Oxytocin (Pitocin), 10 units/ml | 8 | | Indication: Postpartum hemorrhage only: prevention or | 9 | | treatment of postpartum hemorrhage only | 10 | | Dose: 1-2 ml, 10-20 units | 11 | | Route of Administration: Intramuscularly only | 12 | | Duration of Treatment: 1-2 doses | 13 | | Medication: Methylergonovine (Methergine), 0.2 mg/ml or | 14 | | 0.2 mg tabs | 15 | | Indication: Postpartum hemorrhage only | 16 | | Dose: 0.2 mg | 17 | | Route of administration: Intramuscularly or orally single | 18 | | dose | 19 | | Duration of treatment: Every 4 hours, may repeat. Maximum 5 | 20 | | doses | 21 | | Contraindicated in hypertension and Raynaud's Disease | 22 | | Medication: Misoprostol (Cytotec), 100-200 mcg
| 23 | | Indication: Treatment of postpartum hemorrhage only |
| | | 09600SB3712ham003 | - 11 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Dose: 100-200 mcg tablet
| 2 | | Route of administration: orally or rectally | 3 | | Duration of treatment: 400-1,000 mcg, in one dose | 4 | | Caution with Inflammatory Bowel Disease | 5 | | Medication: Vitamin K, 1.0 mg/0.5 ml | 6 | | Indication: Prophylaxis of hemorrhagic disease of the | 7 | | newborn | 8 | | Dose: 1.0 mg injection | 9 | | Route of administration: Intramuscularly | 10 | | Duration of treatment: Single dose | 11 | | Medication: Rho(D) Immune Globulin (Rhogam) | 12 | | Indication: Prevention of Rho(D) sensitization in Rho(D) | 13 | | negative women | 14 | | Dose: Unit dose | 15 | | Route of administration: Intramuscularly only | 16 | | Duration of treatment: (i) Single dose at any gestation for | 17 | | Rho(D) negative, antibody negative women within 72 hours | 18 | | after spontaneous bleeding, (ii) single dose at 26-28 weeks | 19 | | gestation for Rho(D) negative, antibody negative women, | 20 | | and (iii) single dose for Rho(D) negative, antibody | 21 | | negative women within 72 hours after delivery of Rho(D) | 22 | | positive infant or infant with an unknown blood type | 23 | | Medication: Lactated Ringer's solution (LR), unless |
| | | 09600SB3712ham003 | - 12 - | LRB096 19949 ASK 43606 a |
|
| 1 | | unavailable or impractical in which case 0.9% sodium | 2 | | chloride may be administered | 3 | | Indication: To achieve maternal stabilization during | 4 | | uncontrolled postpartum hemorrhage or any time blood loss | 5 | | is accompanied by tachycardia, hypotension, decreased | 6 | | level of consciousness, pallor, or diaphoresis | 7 | | Dose: First liter run in at a wide-open rate, the second | 8 | | liter titrated to client's condition | 9 | | Route of administration: IV catheter 18 gauge or larger | 10 | | bore | 11 | | Duration of treatment: 2L if hemorrhage is severe | 12 | | Medication: Lidocaine 1% injection | 13 | | Indication: numbing agent for repair of postpartum tears | 14 | | Dose: 1-40 ml infiltration as needed | 15 | | Route of Administration: Topical or injected subcutaneous | 16 | | Duration of treatment: Maximum 40 ml, one time
| 17 | | Medication/Procedure: Sterile water papules | 18 | | Indication: For labor pain in the first and second stages | 19 | | of labor | 20 | | Dose: one injection of 0.25-0.5 ml at each of 4 injection | 21 | | sights | 22 | | Route of administration: 4 subcutaneous injections in the | 23 | | small of the back | 24 | | Duration of treatment: Every 2 hours until no longer |
| | | 09600SB3712ham003 | - 13 - | LRB096 19949 ASK 43606 a |
|
| 1 | | necessary or delivery. No maximum dosage | 2 | | (3) With regard to consultation and referral, a | 3 | | licensed midwife shall consult with a licensed physician or | 4 | | a licensed certified nurse midwife providing obstetrical | 5 | | care, whenever there are significant deviations, including | 6 | | abnormal laboratory results, relative to a client's | 7 | | pregnancy or to a neonate. If a referral to a physician or | 8 | | certified nurse midwife is needed, the licensed midwife | 9 | | shall refer the client to a physician or certified nurse | 10 | | midwife and, if possible, remain in consultation with the | 11 | | physician or certified nurse midwife until resolution of | 12 | | the concern; however, consultation does not preclude the | 13 | | possibility of an out-of-hospital birth. It is appropriate | 14 | | for the licensed midwife to maintain care of the client to | 15 | | the greatest degree possible, in accordance with the | 16 | | client's wishes, during the pregnancy and, if possible, | 17 | | during labor, birth and the postpartum period. | 18 | | A licensed midwife shall consult with a physician | 19 | | licensed to practice medicine in all of its branches, a | 20 | | physician assistant licensed under the Physician Assistant | 21 | | Act of 1987, or an advanced practice nurse licensed under | 22 | | the Nurse Practice Act with regard to any mother who, | 23 | | during antepartum, presents with or develops any of the | 24 | | following risk factors or presents with or develops other | 25 | | risk factors that, in the judgment of the licensed midwife, |
| | | 09600SB3712ham003 | - 14 - | LRB096 19949 ASK 43606 a |
|
| 1 | | warrant consultation: | 2 | | (A) Pregnancy induced hypertension, as evidenced | 3 | | by a blood pressure of 140/90 on 2 occasions greater | 4 | | than 6 hours apart. | 5 | | (B) Persistent, severe headaches, epigastric pain, | 6 | | or visual disturbances. | 7 | | (C) Persistent symptoms of urinary tract | 8 | | infection. | 9 | | (D) Significant vaginal bleeding before the onset | 10 | | of labor not associated with uncomplicated spontaneous | 11 | | abortion. | 12 | | (E) Rupture of membranes prior to the 37th week | 13 | | gestation. | 14 | | (F) Noted abnormal decrease in or cessation of | 15 | | fetal movement. | 16 | | (G) Anemia resistant to supplemental therapy. | 17 | | (H) Fever of 102 degrees F or 39 degrees C or | 18 | | greater for more than 24 hours. | 19 | | (I) Non-vertex presentation after 38 weeks | 20 | | gestation. | 21 | | (J) Hyperemisis or significant dehydration. | 22 | | (K) ISO immunization, Rh negative sensitized, | 23 | | positive titers, or any other positive antibody titer, | 24 | | which may have a detrimental effect on the mother or | 25 | | fetus. | 26 | | (L) Elevated blood glucose levels unresponsive to |
| | | 09600SB3712ham003 | - 15 - | LRB096 19949 ASK 43606 a |
|
| 1 | | dietary management. | 2 | | (M) Positive HIV antibody test. | 3 | | (N) Primary genital herpes infection in pregnancy. | 4 | | (O) Symptoms of malnutrition or anorexia or | 5 | | protracted weight loss or failure to gain weight. | 6 | | (P) Suspected deep vein thrombosis. | 7 | | (Q) Documented placental anomaly or previa. | 8 | | (R) Documented low lying placenta after 28 weeks | 9 | | gestation. | 10 | | (S) Labor prior to the 37th week of gestation. | 11 | | (T) History of any prior uterine incision. A woman | 12 | | who has had a previous low transverse cesarean section | 13 | | (LTCS) with a subsequent vaginal birth may be | 14 | | considered for home birth. A woman with a prior LTCS | 15 | | and no subsequent vaginal birth after cesarean or other | 16 | | uterine surgeries, may be managed antepartally with | 17 | | consultation, but will be transferred to the | 18 | | consultant's care for delivery.
| 19 | | (U) Lie other than vertex at term. | 20 | | (V) Multiple gestation. | 21 | | (W) Known fetal anomalies that may be affected by | 22 | | the site of birth. | 23 | | (X) Marked abnormal fetal heart tones. | 24 | | (Y) Abnormal non-stress test or abnormal | 25 | | biophysical profile. | 26 | | (Z) Marked or severe poly or oligo hydramnios. |
| | | 09600SB3712ham003 | - 16 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (AA) Evidence of intrauterine growth restriction. | 2 | | (BB) Significant abnormal ultrasound findings. | 3 | | (CC) Gestation beyond 42 weeks by reliable | 4 | | confirmed dates. | 5 | | A licensed midwife shall consult with a licensed | 6 | | physician or certified nurse-midwife with regard to any | 7 | | mother who, during intrapartum, presents with or develops | 8 | | any of the following risk factors or presents with or | 9 | | develops other risk factors that, in the judgment of the | 10 | | licensed midwife, warrant consultation: | 11 | | (A) Rise in blood pressure above baseline, more | 12 | | than 30/15 points or greater than 140/90. | 13 | | (B) Persistent, severe headaches, epigastric pain, | 14 | | or visual disturbances. | 15 | | (C) Significant proteinuria or ketonuria. | 16 | | (D) Fever over 100.6 degrees F or 38 degrees C in | 17 | | absence of environmental factors. | 18 | | (E) Ruptured membranes without onset of | 19 | | established labor after 18 hours. | 20 | | (F) Significant bleeding prior to delivery or any | 21 | | abnormal bleeding, with or without abdominal pain; or | 22 | | evidence of placental abruption. | 23 | | (G) Lie not compatible with spontaneous vaginal | 24 | | delivery or unstable fetal lie. | 25 | | (H) Failure to progress after 5 hours of active | 26 | | labor or following 2 hours of active second stage |
| | | 09600SB3712ham003 | - 17 - | LRB096 19949 ASK 43606 a |
|
| 1 | | labor. | 2 | | (I) Signs or symptoms of maternal infection. | 3 | | (J) Active genital herpes at onset of labor. | 4 | | (K) Fetal heart tones with non-reassuring | 5 | | patterns. | 6 | | (L) Signs or symptoms of fetal distress. | 7 | | (M) Thick meconium or frank bleeding with birth not | 8 | | imminent. | 9 | | (N) Client or licensed midwife desires physician | 10 | | consultation or transfer. | 11 | | A licensed midwife shall consult with a licensed | 12 | | physician or certified nurse-midwife with regard to any | 13 | | mother who, during postpartum, presents with or develops | 14 | | any of the following risk factors or presents with or | 15 | | develops other risk factors that, in the judgment of the | 16 | | licensed midwife, warrant consultation: | 17 | | (A) Failure to void within 6 hours of birth. | 18 | | (B) Signs or symptoms of maternal shock. | 19 | | (C) Febrile: 102 degrees F or 39 degrees C and | 20 | | unresponsive to therapy for 12 hours. | 21 | | (D) Abnormal lochia or signs or symptoms of uterine | 22 | | sepsis. | 23 | | (E) Suspected deep vein thrombosis. | 24 | | (F) Signs of clinically significant depression. | 25 | | A licensed midwife shall consult with a licensed | 26 | | physician or licensed certified nurse-midwife with regard |
| | | 09600SB3712ham003 | - 18 - | LRB096 19949 ASK 43606 a |
|
| 1 | | to any neonate who is born with or develops any of the | 2 | | following risk factors: | 3 | | (A) Apgar score of 6 or less at 5 minutes without | 4 | | significant improvement by 10 minutes. | 5 | | (B) Persistent grunting respirations or | 6 | | retractions. | 7 | | (C) Persistent cardiac irregularities. | 8 | | (D) Persistent central cyanosis or pallor. | 9 | | (E) Persistent lethargy or poor muscle tone. | 10 | | (F) Abnormal cry. | 11 | | (G) Birth weight less than 2300 grams. | 12 | | (H) Jitteriness or seizures. | 13 | | (I) Jaundice occurring before 24 hours or outside | 14 | | of normal range. | 15 | | (J) Failure to urinate within 24 hours of birth. | 16 | | (K) Failure to pass meconium within 48 hours of | 17 | | birth. | 18 | | (L) Edema. | 19 | | (M) Prolonged temperature instability. | 20 | | (N) Significant signs or symptoms of infection. | 21 | | (O) Significant clinical evidence of glycemic | 22 | | instability. | 23 | | (P) Abnormal, bulging, or depressed fontanel. | 24 | | (Q) Significant clinical evidence of prematurity. | 25 | | (R) Medically significant congenital anomalies. | 26 | | (S) Significant or suspected birth injury. |
| | | 09600SB3712ham003 | - 19 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (T) Persistent inability to suck. | 2 | | (U) Diminished consciousness. | 3 | | (V) Clinically significant abnormalities in vital | 4 | | signs, muscle tone or behavior. | 5 | | (W) Clinically significant color abnormality, | 6 | | cyanotic, or pale or abnormal perfusion. | 7 | | (X) Abdominal distention or projectile vomiting. | 8 | | (Y) Signs of clinically significant dehydration or | 9 | | failure to thrive. | 10 | | (4) The licensed midwife shall initiate immediate | 11 | | transport according to the licensed midwife's emergency | 12 | | plan, provide emergency stabilization until emergency | 13 | | medical services arrive or transfer is completed, | 14 | | accompany the client or follow the client to a hospital in | 15 | | a timely fashion, provide pertinent information to the | 16 | | receiving facility and complete an emergency transport | 17 | | record. Any of the following conditions shall require | 18 | | immediate notification to the licensed midwife's | 19 | | collaborating health care professional and emergency | 20 | | transfer to a hospital: | 21 | | (A) Seizures or unconsciousness. | 22 | | (B) Respiratory distress or arrest. | 23 | | (C) Evidence of shock. | 24 | | (D) Psychosis. | 25 | | (E) Symptomatic chest pain or cardiac arrhythmias. | 26 | | (F) Prolapsed umbilical cord. |
| | | 09600SB3712ham003 | - 20 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (G) Shoulder dystocia not resolved by Advanced | 2 | | Life Support in Obstetrics (ALSO) protocol. | 3 | | (H) Symptoms of uterine rupture. | 4 | | (I) Preeclampsia or eclampsia. | 5 | | (J) Severe abdominal pain inconsistent with normal | 6 | | labor. | 7 | | (K) Chorioamnionitis. | 8 | | (L) Clinically significant fetal heart rate | 9 | | patterns or other manifestation of fetal distress. | 10 | | (M) Presentation not compatible with spontaneous | 11 | | vaginal delivery. | 12 | | (N) Laceration greater than second degree perineal | 13 | | or any cervical. | 14 | | (O) Hemorrhage non-responsive to therapy. | 15 | | (P) Uterine prolapse or inversion. | 16 | | (Q) Persistent uterine atony. | 17 | | (R) Anaphylaxis. | 18 | | (S) Failure to deliver placenta after one hour if | 19 | | there is no bleeding and fundus is firm. | 20 | | (T) Sustained instability or persistent abnormal | 21 | | vital signs. | 22 | | (U) Other conditions or symptoms that could | 23 | | threaten the life of the mother, fetus or neonate. | 24 | | A licensed midwife may deliver a client with any of the | 25 | | complications or conditions set forth in this item (4), if | 26 | | no physician or other equivalent medical services are |
| | | 09600SB3712ham003 | - 21 - | LRB096 19949 ASK 43606 a |
|
| 1 | | available and the situation presents immediate harm to the | 2 | | health and safety of the client, if the complication or | 3 | | condition entails extraordinary and unnecessary human | 4 | | suffering, or if delivery occurs during transport. | 5 | | (5) With regard to collaboration, a licensed midwife | 6 | | must form a formal collaborative relationship with a | 7 | | medical doctor or doctor of osteopathy licensed under the | 8 | | Illinois Medical Practice Act or a certified nurse midwife | 9 | | licensed as an advanced practice nurse under the Illinois | 10 | | Nurse Practice Act. This relationship must (i) include | 11 | | documented quarterly review of all clients under the care | 12 | | of the licensed midwife, (ii) include written protocols and | 13 | | procedures for assessing risk and appropriateness for home | 14 | | birth, (iii) provide supportive care when care is | 15 | | transferred to another provider, if possible, and (iv) | 16 | | consider the standards regarding practice of midwifery | 17 | | established by the National Association of Certified | 18 | | Professional Midwives, including referral of mother or | 19 | | baby to appropriate professionals when either needs care | 20 | | outside the midwife's scope of practice or expertise. | 21 | | This relationship must not be construed to necessarily | 22 | | require the personal presence of the collaborating care | 23 | | provider at all times at the place where services are | 24 | | rendered, as long as there is communication available for | 25 | | consultation by radio, telephone, Internet, or | 26 | | telecommunications. |
| | | 09600SB3712ham003 | - 22 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (6) With regard to prohibited practices, a licensed | 2 | | midwife may not do any of the following:
| 3 | | (A) Administer prescription pharmacological agents | 4 | | intended to induce or augment labor. | 5 | | (B) Administer prescription pharmacological agents | 6 | | to provide pain management. | 7 | | (C) Use vacuum extractors or forceps. | 8 | | (D) Prescribe medications. | 9 | | (E) Provide care to a woman who has had a cesarean | 10 | | section or other uterine surgery, unless that woman has | 11 | | had a successful subsequent vaginal birth after | 12 | | cesarean section. | 13 | | (F) Perform major surgical procedures including, | 14 | | but not limited to, abortions, cesarean sections, and | 15 | | circumcisions. | 16 | | (G) Knowingly accept responsibility for prenatal | 17 | | or intrapartum care of a client with any of the | 18 | | following risk factors: | 19 | | (i) Chronic significant maternal cardiac, | 20 | | pulmonary, renal or hepatic disease. | 21 | | (ii) Malignant disease in an active phase. | 22 | | (iii) Significant hematological disorders or | 23 | | coagulopathies, or pulmonary embolism. | 24 | | (iv) Insulin requiring diabetes mellitus. | 25 | | (v) Known maternal congenital abnormalities | 26 | | affecting childbirth. |
| | | 09600SB3712ham003 | - 23 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (vi) Confirmed isoimmunization, Rh disease | 2 | | with positive titer. | 3 | | (vii) Active tuberculosis. | 4 | | (viii) Active syphilis or gonorrhea. | 5 | | (ix) Active genital herpes infection 2 weeks | 6 | | prior to labor or in labor. | 7 | | (x) Pelvic or uterine abnormalities affecting | 8 | | normal vaginal births, including tumors and | 9 | | malformations. | 10 | | (xi) Alcoholism or abuse. | 11 | | (xii) Drug addiction or abuse. | 12 | | (xiii) Confirmed AIDS status. | 13 | | (xiv) Uncontrolled current serious psychiatric | 14 | | illness. | 15 | | (xv) Social or familial conditions | 16 | | unsatisfactory for out-of-hospital maternity care | 17 | | services. | 18 | | (xvi) Fetus with suspected or diagnosed | 19 | | congenital abnormalities that may require | 20 | | immediate medical intervention. | 21 | | (c) The Department must, on a quarterly basis, issue a | 22 | | status report to the Board of all complaints submitted to the | 23 | | Department related to the midwifery profession. | 24 | | Section 45. Illinois Midwifery Board.
| 25 | | (a) There is created under the authority of the Department |
| | | 09600SB3712ham003 | - 24 - | LRB096 19949 ASK 43606 a |
|
| 1 | | the Illinois Midwifery Board, which shall consist of 7 members | 2 | | appointed by the Secretary, 4 of whom shall be licensed | 3 | | midwives who carry the CPM credential, except that initial | 4 | | appointees must have at least 3 years of experience in the | 5 | | practice of midwifery in an out-of-hospital setting, be | 6 | | certified by the North American Registry of Midwives, and meet | 7 | | the qualifications for licensure set forth in this Act; one of | 8 | | whom shall be an obstetrician licensed under the Medical | 9 | | Practice Act of 1987 who has a minimum of 2 years of experience | 10 | | working or consulting with home birth providers or, | 11 | | alternately, a family practice physician licensed under the | 12 | | Medical Practice Act of 1987 who has a minimum of 2 years of | 13 | | experience providing home birth services; one of whom shall be | 14 | | a certified nurse midwife who has at least 2 years of | 15 | | experience in providing home birth services; and one of whom | 16 | | shall be a knowledgeable public member who has given birth with | 17 | | the assistance of a certified professional midwife in an | 18 | | out-of-hospital birth setting. Board members shall serve | 19 | | 4-year terms, except that in the case of initial appointments, | 20 | | terms shall be staggered as follows: 3 members shall serve for | 21 | | 4 years, 2 members shall serve for 3 years, and 2 members shall | 22 | | serve for 2 years. The Board shall annually elect a chairperson | 23 | | and vice chairperson. | 24 | | (b) Any appointment made to fill a vacancy shall be for the | 25 | | unexpired portion of the term. Appointments to fill vacancies | 26 | | shall be made in the same manner as original appointments. No |
| | | 09600SB3712ham003 | - 25 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Board member may be reappointed for a term that would cause his | 2 | | or her continuous service on the Board to exceed 9 years. | 3 | | (c) Board membership must have reasonable representation | 4 | | from different geographic areas of this State. | 5 | | (d) The members of the Board shall be reimbursed for all | 6 | | legitimate, necessary, and authorized expenses incurred in | 7 | | attending the meetings of the Board.
| 8 | | (e) The Secretary may remove any member for cause at any | 9 | | time prior to the expiration of his or her term.
| 10 | | (f) A majority of the Board members currently appointed | 11 | | shall constitute a quorum. A vacancy in the membership of the | 12 | | Board shall not impair the right of a quorum to perform all of | 13 | | the duties of the Board.
| 14 | | (g) The Board shall provide the Department with | 15 | | recommendations concerning the administration of this Act and | 16 | | perform each of the following duties: | 17 | | (1) Recommend to the Department the prescription and, | 18 | | from time to time, the revision of any rules that may be | 19 | | necessary to carry out the provisions of this Act, | 20 | | including those that are designed to protect the health, | 21 | | safety, and welfare of the public. | 22 | | (2) Conduct hearings and disciplinary conferences on | 23 | | disciplinary charges of licensees. | 24 | | (3) Report to the Department, upon completion of a | 25 | | hearing, the disciplinary actions recommended to be taken | 26 | | against a person found in violation of this Act.
|
| | | 09600SB3712ham003 | - 26 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (4) Recommend the approval, denial of approval, and | 2 | | withdrawal of approval of required education and | 3 | | continuing educational programs.
| 4 | | (h) The Secretary shall give due consideration to all | 5 | | recommendations of the Board. If the Secretary takes action | 6 | | contrary to a recommendation of the Board, the Secretary must | 7 | | promptly provide a written explanation of that action. | 8 | | (i) The Board may recommend to the Secretary that one or | 9 | | more licensed midwives be selected by the Secretary to assist | 10 | | in any investigation under this Act. Compensation shall be | 11 | | provided to any licensee who provides assistance under this | 12 | | subsection (i), in an amount determined by the Secretary.
| 13 | | (j) Members of the Board shall be immune from suit in an | 14 | | action based upon a disciplinary proceeding or other activity | 15 | | performed in good faith as a member of the Board, except for | 16 | | willful or wanton misconduct.
| 17 | | Section 50. Qualifications. | 18 | | (a) A person is qualified for licensure as a midwife if | 19 | | that person meets each of the following qualifications: | 20 | | (1) He or she has earned an associate's degree or | 21 | | higher, or the equivalent of an associate's degree or | 22 | | higher, in either nursing or midwifery from an accredited | 23 | | post-secondary institution or has earned a general | 24 | | associates degree or its equivalent, including completion | 25 | | of all of the following coursework from an accredited |
| | | 09600SB3712ham003 | - 27 - | LRB096 19949 ASK 43606 a |
|
| 1 | | post-secondary institution in the following denominations: | 2 | | (A) Laboratory Science (must include coursework in | 3 | | Anatomy and Physiology and Microbiology): 12 credit | 4 | | hours. | 5 | | (B) English or Communications: 6 credit hours. | 6 | | (C) Social and Behavioral Science (Sociology and | 7 | | Psychology): 6 credit hours. | 8 | | (D) Math: 3 credit hours. | 9 | | (E) Nutrition: 3 credit hours. | 10 | | (F) Pharmacology: 3 credit hours.
| 11 | | (2) He or she has successfully completed a program of | 12 | | midwifery education approved by the North American | 13 | | Registry of Midwives that includes both didactic and | 14 | | clinical internship experience, the sum of which, on | 15 | | average, takes 3 to 5 years to complete. | 16 | | (3) He or she has passed a written and practical skills | 17 | | examination for the practice of midwifery that has been | 18 | | developed following the standards set by the National | 19 | | Commission for Certifying Agencies or a successor | 20 | | organization and is administered by the North American | 21 | | Registry of Midwives. | 22 | | (4) He or she holds a valid CPM credential granted by | 23 | | the North American Registry of Midwives.
| 24 | | (b) Before August 31, 2012, a person seeking licensure as a | 25 | | licensed midwife who has not met the educational requirements | 26 | | set forth in this Section shall be qualified for licensure if |
| | | 09600SB3712ham003 | - 28 - | LRB096 19949 ASK 43606 a |
|
| 1 | | that person does all of the following: | 2 | | (1) Submits evidence of having successfully passed the | 3 | | national certification exam described in subsection (a) of | 4 | | this Section prior to January 1, 2006. | 5 | | (2) Submits evidence of current certification in adult | 6 | | CPR and infant CPR or neonatal resuscitation. | 7 | | (3) Has continually maintained active, up-to-date | 8 | | recertification status as a certified professional midwife | 9 | | with the North American Registry of Midwives. | 10 | | (4) Submits evidence of practice for at least 5 years | 11 | | as a midwife delivering in an out-of-hospital setting. | 12 | | (c) Nothing used in submitting evidence of practice of | 13 | | midwifery when applying for licensure under this Act shall be | 14 | | used as evidence or to take legal action against the applicant | 15 | | regarding the practice of midwifery, nursing, or medicine prior | 16 | | to the passage of this Act. | 17 | | Section 55. Social Security Number on application. In | 18 | | addition to any other information required to be contained in | 19 | | the application, every application for an original, renewal, | 20 | | reinstated, or restored license under this Act shall include | 21 | | the applicant's Social Security Number. | 22 | | Section 60. Continuing education. | 23 | | (a) The Department shall require all licensed midwives to | 24 | | submit proof of the completion of at least 25 hours of |
| | | 09600SB3712ham003 | - 29 - | LRB096 19949 ASK 43606 a |
|
| 1 | | continuing education in classes approved by the North American | 2 | | Registry of Midwives and 5 hours of peer review per 3-year | 3 | | license renewal cycle.
| 4 | | (b) Rules adopted under this Act shall require the licensed | 5 | | midwife to maintain CPM certification by meeting all the | 6 | | requirements set forth by the North American Registry of | 7 | | Midwives or to maintain CNM or CM certification by meeting all | 8 | | the requirements set forth by the American Midwifery | 9 | | Certification Board.
| 10 | | (c) Each licensee is responsible for maintaining records of | 11 | | completion of continuing education and shall be prepared to | 12 | | produce the records when requested by the Department.
| 13 | | Section 65. Inactive status. | 14 | | (a) A licensed midwife who notifies the Department in | 15 | | writing on forms prescribed by the Department may elect to | 16 | | place his or her license on an inactive status and shall be | 17 | | excused from payment of renewal fees until he or she notifies | 18 | | the Department in writing of his or her intent to restore the | 19 | | license.
| 20 | | (b) A licensed midwife whose license is on inactive status | 21 | | may not practice licensed midwifery in the State of Illinois.
| 22 | | (c) A licensed midwife requesting restoration from | 23 | | inactive status shall be required to pay the current renewal | 24 | | fee and to restore his or her license, as provided by the | 25 | | Department.
|
| | | 09600SB3712ham003 | - 30 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (d) Any licensee who engages in the practice of midwifery | 2 | | while his or her license is lapsed or on inactive status shall | 3 | | be considered to be practicing without a license, which shall | 4 | | be grounds for discipline.
| 5 | | Section 70. Renewal, reinstatement, or restoration of | 6 | | licensure; military service. | 7 | | (a) The expiration date and renewal period for each license | 8 | | issued under this Act shall be set by the Department.
| 9 | | (b) All renewal applicants shall provide proof of having | 10 | | met the requirements of continuing education set forth by the | 11 | | North American Registry of Midwives. The Department shall | 12 | | provide for an orderly process for the reinstatement of | 13 | | licenses that have not been renewed due to failure to meet | 14 | | continuing education requirements.
| 15 | | (c) Any licensed midwife who has permitted his or her | 16 | | license to expire or who has had his or her license on inactive | 17 | | status may have his or her license restored by making | 18 | | application to the Department and filing proof acceptable to | 19 | | the Department of fitness to have the license restored and by | 20 | | paying the required fees. Proof of fitness may include evidence | 21 | | attesting to active lawful practice in another jurisdiction.
| 22 | | (d) The Department shall determine, by an evaluation | 23 | | program, fitness for restoration of a license under this | 24 | | Section and shall establish procedures and requirements for | 25 | | restoration.
|
| | | 09600SB3712ham003 | - 31 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (e) Any licensed midwife whose license expired while he or | 2 | | she was (i) in federal service on active duty with the Armed | 3 | | Forces of the United States or the State Militia and called | 4 | | into service or training or (ii) in training or education under | 5 | | the supervision of the United States preliminary to induction | 6 | | into the military service may have his or her license restored | 7 | | without paying any lapsed renewal fees, if, within 2 years | 8 | | after honorable termination of service, training, or | 9 | | education, he or she furnishes the Department with satisfactory | 10 | | evidence to the effect that he or she has been so engaged.
| 11 | | Section 75. Roster. The Department shall maintain a roster | 12 | | of the names and addresses of all licensees and of all persons | 13 | | whose licenses have been suspended or revoked. This roster | 14 | | shall be available upon written request and payment of the | 15 | | required fee. | 16 | | Section 80. Fees. | 17 | | (a) The Department shall provide for a schedule of fees for | 18 | | the administration and enforcement of this Act, including | 19 | | without limitation original licensure, renewal, and | 20 | | restoration, which fees shall be nonrefundable.
| 21 | | (b) All fees collected under this Act shall be deposited | 22 | | into the General Professions Dedicated Fund and appropriated to | 23 | | the Department for the ordinary and contingent expenses of the | 24 | | Department in the administration of this Act.
|
| | | 09600SB3712ham003 | - 32 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Section 85. Returned checks; fines. Any person who delivers | 2 | | a check or other payment to the Department that is returned to | 3 | | the Department unpaid by the financial institution upon which | 4 | | it is drawn shall pay to the Department, in addition to the | 5 | | amount already owed to the Department, a fine of $50. The fines | 6 | | imposed by this Section are in addition to any other discipline | 7 | | provided under this Act for unlicensed practice or practice on | 8 | | a non-renewed license. The Department shall notify the person | 9 | | that fees and fines shall be paid to the Department by | 10 | | certified check or money order within 30 calendar days after | 11 | | the notification. If, after the expiration of 30 days from the | 12 | | date of the notification, the person has failed to submit the | 13 | | necessary remittance, the Department shall automatically | 14 | | terminate the license or deny the application, without hearing. | 15 | | If, after termination or denial, the person seeks a license, he | 16 | | or she shall apply to the Department for restoration or | 17 | | issuance of the license and pay all fees and fines due to the | 18 | | Department. The Department may establish a fee for the | 19 | | processing of an application for restoration of a license to | 20 | | defray all expenses of processing the application. The | 21 | | Secretary may waive the fines due under this Section in | 22 | | individual cases where the Secretary finds that the fines would | 23 | | be unreasonable or unnecessarily burdensome. | 24 | | Section 90. Unlicensed practice; civil penalty. Any person |
| | | 09600SB3712ham003 | - 33 - | LRB096 19949 ASK 43606 a |
|
| 1 | | who practices, offers to practice, attempts to practice, or | 2 | | holds himself or herself out to practice midwifery or as a | 3 | | midwife without being licensed under this Act shall, in | 4 | | addition to any other penalty provided by law, pay a civil | 5 | | penalty to the Department in an amount not to exceed $5,000 for | 6 | | each offense, as determined by the Department. The civil | 7 | | penalty shall be assessed by the Department after a hearing is | 8 | | held in accordance with the provisions set forth in this Act | 9 | | regarding the provision of a hearing for the discipline of a | 10 | | licensee.
The civil penalty shall be paid within 60 days after | 11 | | the effective date of the order imposing the civil penalty. The | 12 | | order shall constitute a judgment and may be filed and | 13 | | execution had thereon in the same manner as any judgment from | 14 | | any court of record.
The Department may investigate any | 15 | | unlicensed activity. | 16 | | Section 95. Grounds for disciplinary action. The | 17 | | Department may refuse to issue or to renew or may revoke, | 18 | | suspend, place on probation, reprimand or take other | 19 | | disciplinary action as the Department may deem proper, | 20 | | including fines not to exceed $5,000 for each violation, with | 21 | | regard to any licensee or license for any one or combination of | 22 | | the following causes: | 23 | | (1) Violations of this Act or its rules.
| 24 | | (2) Material misstatement in furnishing information to | 25 | | the Department.
|
| | | 09600SB3712ham003 | - 34 - | LRB096 19949 ASK 43606 a |
|
| 1 | | (3) Conviction of any crime under the laws of any U.S. | 2 | | jurisdiction that is (i) a felony, (ii) a misdemeanor, an | 3 | | essential element of which is dishonesty, or (iii) directly | 4 | | related to the practice of the profession.
| 5 | | (4) Making any misrepresentation for the purpose of | 6 | | obtaining a license.
| 7 | | (5) Professional incompetence or gross negligence.
| 8 | | (6) Gross malpractice.
| 9 | | (7) Aiding or assisting another person in violating any | 10 | | provision of this Act or its rules.
| 11 | | (8) Failing to provide information within 60 days in | 12 | | response to a written request made by the Department.
| 13 | | (9) Engaging in dishonorable, unethical, or | 14 | | unprofessional conduct of a character likely to deceive, | 15 | | defraud, or harm the public.
| 16 | | (10) Habitual or excessive use or addiction to alcohol, | 17 | | narcotics, stimulants, or any other chemical agent or drug | 18 | | that results in the inability to practice with reasonable | 19 | | judgment, skill, or safety.
| 20 | | (11) Discipline by another U.S. jurisdiction or | 21 | | foreign nation if at least one of the grounds for the | 22 | | discipline is the same or substantially equivalent to those | 23 | | set forth in this Act.
| 24 | | (12) Directly or indirectly giving to or receiving from | 25 | | any person, firm, corporation, partnership, or association | 26 | | any fee, commission, rebate, or other form of compensation |
| | | 09600SB3712ham003 | - 35 - | LRB096 19949 ASK 43606 a |
|
| 1 | | for any professional services not actually or personally | 2 | | rendered. This shall not be deemed to include rent or other | 3 | | remunerations paid to an individual, partnership, or | 4 | | corporation by a licensed midwife for the lease, rental, or | 5 | | use of space, owned or controlled by the individual, | 6 | | partnership, corporation, or association.
| 7 | | (13) A finding by the Department that the licensee, | 8 | | after having his or her license placed on probationary | 9 | | status, has violated the terms of probation.
| 10 | | (14) Abandonment of a patient without cause.
| 11 | | (15) Willfully making or filing false records or | 12 | | reports relating to a licensee's practice, including, but | 13 | | not limited to, false records filed with State agencies or | 14 | | departments.
| 15 | | (16) Physical illness or mental illness, including, | 16 | | but not limited to, deterioration through the aging process | 17 | | or loss of motor skill that results in the inability to | 18 | | practice the profession with reasonable judgment, skill, | 19 | | or safety.
| 20 | | (17) Failure to provide a patient with a copy of his or | 21 | | her record upon the written request of the patient.
| 22 | | (18) Conviction by any court of competent | 23 | | jurisdiction, either within or without this State, of any | 24 | | violation of any law governing the practice of licensed | 25 | | midwifery or conviction in this or another state of any | 26 | | crime that is a felony under the laws of this State or |
| | | 09600SB3712ham003 | - 36 - | LRB096 19949 ASK 43606 a |
|
| 1 | | conviction of a felony in a federal court, if the | 2 | | Department determines, after investigation, that the | 3 | | person has not been sufficiently rehabilitated to warrant | 4 | | the public trust.
| 5 | | (19) A finding that licensure has been applied for or | 6 | | obtained by fraudulent means.
| 7 | | (20) Being named as a perpetrator in an indicated | 8 | | report by the Department of Healthcare and Family Services | 9 | | under the Abused and Neglected Child Reporting Act and upon | 10 | | proof by clear and convincing evidence that the licensee | 11 | | has caused a child to be an abused child or a neglected | 12 | | child, as defined in the Abused and Neglected Child | 13 | | Reporting Act.
| 14 | | (21) Practicing or attempting to practice under a name | 15 | | other than the full name shown on a license issued under | 16 | | this Act.
| 17 | | (22) Immoral conduct in the commission of any act, such | 18 | | as sexual abuse, sexual misconduct, or sexual | 19 | | exploitation, related to the licensee's practice.
| 20 | | (23) Maintaining a professional relationship with any | 21 | | person, firm, or corporation when the licensed midwife | 22 | | knows or should know that a person, firm, or corporation is | 23 | | violating this Act.
| 24 | | (24) Failure to provide satisfactory proof of having | 25 | | participated in approved continuing education programs as | 26 | | determined by the Board and approved by the Secretary. |
| | | 09600SB3712ham003 | - 37 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Exceptions for extreme hardships are to be defined by the | 2 | | Department.
| 3 | | (b) The Department may refuse to issue or may suspend the | 4 | | license of any person who fails to (i) file a tax return or to | 5 | | pay the tax, penalty, or interest shown in a filed return or | 6 | | (ii) pay any final assessment of the tax, penalty, or interest, | 7 | | as required by any tax Act administered by the Illinois | 8 | | Department of Revenue, until the time that the requirements of | 9 | | that tax Act are satisfied.
| 10 | | (c) The determination by a circuit court that a licensee is | 11 | | subject to involuntary admission or judicial admission as | 12 | | provided in the Mental Health and Developmental Disabilities | 13 | | Code operates as an automatic suspension. The suspension shall | 14 | | end only upon a finding by a court that the patient is no | 15 | | longer subject to involuntary admission or judicial admission, | 16 | | the issuance of an order so finding and discharging the | 17 | | patient, and the recommendation of the Board to the Secretary | 18 | | that the licensee be allowed to resume his or her practice.
| 19 | | (d) In enforcing this Section, the Department, upon a | 20 | | showing of a possible violation, may compel any person licensed | 21 | | to practice under this Act or who has applied for licensure or | 22 | | certification pursuant to this Act to submit to a mental or | 23 | | physical examination, or both, as required by and at the | 24 | | expense of the Department. The examining physicians shall be | 25 | | those specifically designated by the Department. The | 26 | | Department may order an examining physician to present |
| | | 09600SB3712ham003 | - 38 - | LRB096 19949 ASK 43606 a |
|
| 1 | | testimony concerning the mental or physical examination of the | 2 | | licensee or applicant. No information shall be excluded by | 3 | | reason of any common law or statutory privilege relating to | 4 | | communications between the licensee or applicant and the | 5 | | examining physician. The person to be examined may have, at his | 6 | | or her own expense, another physician of his or her choice | 7 | | present during all aspects of the examination. Failure of any | 8 | | person to submit to a mental or physical examination when | 9 | | directed shall be grounds for suspension of a license until the | 10 | | person submits to the examination if the Department finds, | 11 | | after notice and hearing, that the refusal to submit to the | 12 | | examination was without reasonable cause.
| 13 | | If the Department finds an individual unable to practice | 14 | | because of the reasons set forth in this subsection (d), the | 15 | | Department may require that individual to submit to care, | 16 | | counseling, or treatment by physicians approved or designated | 17 | | by the Department, as a condition, term, or restriction for | 18 | | continued, reinstated, or renewed licensure to practice or, in | 19 | | lieu of care, counseling, or treatment, the Department may file | 20 | | a complaint to immediately suspend, revoke, or otherwise | 21 | | discipline the license of the individual.
Any person whose | 22 | | license was granted, reinstated, renewed, disciplined, or | 23 | | supervised subject to such terms, conditions, or restrictions | 24 | | and who fails to comply with such terms, conditions, or | 25 | | restrictions shall be referred to the Secretary for a | 26 | | determination as to whether or not the person shall have his or |
| | | 09600SB3712ham003 | - 39 - | LRB096 19949 ASK 43606 a |
|
| 1 | | her license suspended immediately, pending a hearing by the | 2 | | Department.
| 3 | | In instances in which the Secretary immediately suspends a | 4 | | person's license under this Section, a hearing on that person's | 5 | | license must be convened by the Department within 15 days after | 6 | | the suspension and completed without appreciable delay. The | 7 | | Department may review the person's record of treatment and | 8 | | counseling regarding the impairment, to the extent permitted by | 9 | | applicable federal statutes and regulations safeguarding the | 10 | | confidentiality of medical records.
| 11 | | A person licensed under this Act and affected under this | 12 | | subsection (d) shall be afforded an opportunity to demonstrate | 13 | | to the Department that he or she can resume practice in | 14 | | compliance with acceptable and prevailing standards under the | 15 | | provisions of his or her license.
| 16 | | Section 100. Failure to pay restitution. The Department, | 17 | | without further process or hearing, shall suspend the license | 18 | | or other authorization to practice of any person issued under | 19 | | this Act who has been certified by court order as not having | 20 | | paid restitution to a person under Section 8A-3.5 of the | 21 | | Illinois Public Aid Code or under Section 46-1 of the Criminal | 22 | | Code of 1961. A person whose license or other authorization to | 23 | | practice is suspended under this Section is prohibited from | 24 | | practicing until restitution is made in full. |
| | | 09600SB3712ham003 | - 40 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Section 105. Injunction; cease and desist order. | 2 | | (a) If a person violates any provision of this Act, the | 3 | | Secretary may, in the name of the People of the State of | 4 | | Illinois, through the Attorney General or the State's Attorney | 5 | | of any county in which the action is brought, petition for an | 6 | | order enjoining the violation or enforcing compliance with this | 7 | | Act. Upon the filing of a verified petition in court, the court | 8 | | may issue a temporary restraining order, without notice or | 9 | | bond, and may preliminarily and permanently enjoin the | 10 | | violation. If it is established that the person has violated or | 11 | | is violating the injunction, the court may punish the offender | 12 | | for contempt of court. Proceedings under this Section shall be | 13 | | in addition to, and not in lieu of, all other remedies and | 14 | | penalties provided by this Act.
| 15 | | (b) If any person practices as a licensed midwife or holds | 16 | | himself or herself out as a licensed midwife without being | 17 | | licensed under the provisions of this Act, then any licensed | 18 | | midwife, any interested party, or any person injured thereby | 19 | | may, in addition to the Secretary, petition for relief as | 20 | | provided in subsection (a) of this Section.
| 21 | | (c) Whenever, in the opinion of the Department, any person | 22 | | violates any provision of this Act, the Department may issue a | 23 | | rule to show cause why an order to cease and desist should not | 24 | | be entered against that person. The rule shall clearly set | 25 | | forth the grounds relied upon by the Department and shall | 26 | | provide a period of 7 days after the date of the rule to file an |
| | | 09600SB3712ham003 | - 41 - | LRB096 19949 ASK 43606 a |
|
| 1 | | answer to the satisfaction of the Department. Failure to answer | 2 | | to the satisfaction of the Department shall cause an order to | 3 | | cease and desist to be issued immediately.
| 4 | | Section 110. Violation; criminal penalty. | 5 | | (a) Whoever knowingly practices or offers to practice | 6 | | midwifery in this State without being licensed for that purpose | 7 | | or exempt under this Act shall be guilty of a Class A | 8 | | misdemeanor and, for each subsequent conviction, shall be | 9 | | guilty of a Class 4 felony.
| 10 | | (b) Any person who is found to have violated any other | 11 | | provision of this Act is guilty of a Class A misdemeanor.
| 12 | | (c) Notwithstanding any other provision of this Act, all | 13 | | criminal fines, moneys, or other property collected or received | 14 | | by the Department under this Section or any other State or | 15 | | federal statute, including, but not limited to, property | 16 | | forfeited to the Department under Section 505 of the Illinois | 17 | | Controlled Substances Act or Section 85 of the Methamphetamine | 18 | | Control and Community Protection Act, shall be deposited into | 19 | | the Professional Regulation Evidence Fund.
| 20 | | Section 115. Investigation; notice; hearing. The | 21 | | Department may investigate the actions of any applicant or of | 22 | | any person or persons holding or claiming to hold a license | 23 | | under this Act. Before refusing to issue or to renew or taking | 24 | | any disciplinary action regarding a license, the Department |
| | | 09600SB3712ham003 | - 42 - | LRB096 19949 ASK 43606 a |
|
| 1 | | shall, at least 30 days prior to the date set for the hearing, | 2 | | notify in writing the applicant or licensee of the nature of | 3 | | any charges and that a hearing shall be held on a date | 4 | | designated. The Department shall direct the applicant or | 5 | | licensee to file a written answer with the Board under oath | 6 | | within 20 days after the service of the notice and inform the | 7 | | applicant or licensee that failure to file an answer shall | 8 | | result in default being taken against the applicant or licensee | 9 | | and that the license may be suspended, revoked, or placed on | 10 | | probationary status or that other disciplinary action may be | 11 | | taken, including limiting the scope, nature, or extent of | 12 | | practice, as the Secretary may deem proper. Written notice may | 13 | | be served by personal delivery or certified or registered mail | 14 | | to the respondent at the address of his or her last | 15 | | notification to the Department. If the person fails to file an | 16 | | answer after receiving notice, his or her license may, in the | 17 | | discretion of the Department, be suspended, revoked, or placed | 18 | | on probationary status, or the Department may take any | 19 | | disciplinary action deemed proper, including limiting the | 20 | | scope, nature, or extent of the person's practice or the | 21 | | imposition of a fine, without a hearing, if the act or acts | 22 | | charged constitute sufficient grounds for such action under | 23 | | this Act. At the time and place fixed in the notice, the Board | 24 | | shall proceed to hear the charges and the parties or their | 25 | | counsel shall be accorded ample opportunity to present such | 26 | | statements, testimony, evidence, and argument as may be |
| | | 09600SB3712ham003 | - 43 - | LRB096 19949 ASK 43606 a |
|
| 1 | | pertinent to the charges or to their defense. The Board may | 2 | | continue a hearing from time to time. | 3 | | Section 120. Formal hearing; preservation of record. The | 4 | | Department, at its expense, shall preserve a record of all | 5 | | proceedings at the formal hearing of any case. The notice of | 6 | | hearing, complaint, and all other documents in the nature of | 7 | | pleadings and written motions filed in the proceedings, the | 8 | | transcript of testimony, the report of the Board or hearing | 9 | | officer, and order of the Department shall be the record of the | 10 | | proceeding. The Department shall furnish a transcript of the | 11 | | record to any person interested in the hearing upon payment of | 12 | | the fee required under Section 2105-115 of the Department of | 13 | | Professional Regulation Law. | 14 | | Section 125. Witnesses; production of documents; contempt. | 15 | | Any circuit court may upon application of the Department or its | 16 | | designee or of the applicant or licensee against whom | 17 | | proceedings under Section 95 of this Act are pending, enter an | 18 | | order requiring the attendance of witnesses and their testimony | 19 | | and the production of documents, papers, files, books, and | 20 | | records in connection with any hearing or investigation. The | 21 | | court may compel obedience to its order by proceedings for | 22 | | contempt. | 23 | | Section 130. Subpoena; oaths. The Department shall have the |
| | | 09600SB3712ham003 | - 44 - | LRB096 19949 ASK 43606 a |
|
| 1 | | power to subpoena and bring before it any person in this State | 2 | | and to take testimony either orally or by deposition or both | 3 | | with the same fees and mileage and in the same manner as | 4 | | prescribed in civil cases in circuit courts of this State.
The | 5 | | Secretary, the designated hearing officer, and every member of | 6 | | the Board has the power to administer oaths to witnesses at any | 7 | | hearing that the Department is authorized to conduct and any | 8 | | other oaths authorized in any Act administered by the | 9 | | Department. Any circuit court may, upon application of the | 10 | | Department or its designee or upon application of the person | 11 | | against whom proceedings under this Act are pending, enter an | 12 | | order requiring the attendance of witnesses and their | 13 | | testimony, and the production of documents, papers, files, | 14 | | books, and records in connection with any hearing or | 15 | | investigation. The court may compel obedience to its order by | 16 | | proceedings for contempt.
| 17 | | Section 135. Findings of fact, conclusions of law, and | 18 | | recommendations. At the conclusion of the hearing the Board | 19 | | shall present to the Secretary a written report of its findings | 20 | | of fact, conclusions of law, and recommendations. The report | 21 | | shall contain a finding as to whether or not the accused person | 22 | | violated this Act or failed to comply with the conditions | 23 | | required under this Act. The Board shall specify the nature of | 24 | | the violation or failure to comply and shall make its | 25 | | recommendations to the Secretary.
|
| | | 09600SB3712ham003 | - 45 - | LRB096 19949 ASK 43606 a |
|
| 1 | | The report of findings of fact, conclusions of law, and | 2 | | recommendations of the Board shall be the basis for the | 3 | | Department's order. If the Secretary disagrees in any regard | 4 | | with the report of the Board, the Secretary may issue an order | 5 | | in contravention of the report. The finding is not admissible | 6 | | in evidence against the person in a criminal prosecution | 7 | | brought for the violation of this Act, but the hearing and | 8 | | findings are not a bar to a criminal prosecution brought for | 9 | | the violation of this Act.
| 10 | | Section 140. Hearing officer. The Secretary may appoint any | 11 | | attorney duly licensed to practice law in the State of Illinois | 12 | | to serve as the hearing officer in any action for departmental | 13 | | refusal to issue, renew, or license an applicant or for | 14 | | disciplinary action against a licensee. The hearing officer | 15 | | shall have full authority to conduct the hearing. The hearing | 16 | | officer shall report his or her findings of fact, conclusions | 17 | | of law, and recommendations to the Board and the Secretary. The | 18 | | Board shall have 60 calendar days after receipt of the report | 19 | | to review the report of the hearing officer and present its | 20 | | findings of fact, conclusions of law, and recommendations to | 21 | | the Secretary. If the Board fails to present its report within | 22 | | the 60-day period, the Secretary may issue an order based on | 23 | | the report of the hearing officer. If the Secretary disagrees | 24 | | with the recommendation of the Board or the hearing officer, he | 25 | | or she may issue an order in contravention of that |
| | | 09600SB3712ham003 | - 46 - | LRB096 19949 ASK 43606 a |
|
| 1 | | recommendation. | 2 | | Section 145. Service of report; motion for rehearing. In | 3 | | any case involving the discipline of a license, a copy of the | 4 | | Board's report shall be served upon the respondent by the | 5 | | Department, either personally or as provided in this Act for | 6 | | the service of the notice of hearing. Within 20 days after the | 7 | | service, the respondent may present to the Department a motion | 8 | | in writing for a rehearing that shall specify the particular | 9 | | grounds for rehearing. If no motion for rehearing is filed, | 10 | | then upon the expiration of the time specified for filing a | 11 | | motion, or if a motion for rehearing is denied, then upon the | 12 | | denial, the Secretary may enter an order in accordance with | 13 | | this Act. If the respondent orders from the reporting service | 14 | | and pays for a transcript of the record within the time for | 15 | | filing a motion for rehearing, the 20-day period within which | 16 | | the motion may be filed shall commence upon the delivery of the | 17 | | transcript to the respondent. | 18 | | Section 150. Rehearing. Whenever the Secretary is | 19 | | satisfied that substantial justice has not been done in the | 20 | | revocation, suspension, or refusal to issue or renew a license, | 21 | | the Secretary may order a rehearing by the same or another | 22 | | hearing officer or by the Board. | 23 | | Section 155. Prima facie proof. An order or a certified |
| | | 09600SB3712ham003 | - 47 - | LRB096 19949 ASK 43606 a |
|
| 1 | | copy thereof, over the seal of the Department and purporting to | 2 | | be signed by the Secretary, shall be prima facie proof of the | 3 | | following:
| 4 | | (1) that the signature is the genuine signature of the | 5 | | Secretary;
| 6 | | (2) that such Secretary is duly appointed and | 7 | | qualified; and
| 8 | | (3) that the Board and its members are qualified to | 9 | | act.
| 10 | | Section 160. Restoration of license. At any time after the | 11 | | suspension or revocation of any license, the Department may | 12 | | restore the license to the accused person, unless after an | 13 | | investigation and a hearing the Department determines that | 14 | | restoration is not in the public interest. | 15 | | Section 165. Surrender of license. Upon the revocation or | 16 | | suspension of any license, the licensee shall immediately | 17 | | surrender the license to the Department. If the licensee fails | 18 | | to do so, the Department shall have the right to seize the | 19 | | license. | 20 | | Section 170. Summary suspension. The Secretary may | 21 | | summarily suspend the license of a licensee under this Act | 22 | | without a hearing, simultaneously with the institution of | 23 | | proceedings for a hearing provided for in this Act, if the |
| | | 09600SB3712ham003 | - 48 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Secretary finds that evidence in his or her possession | 2 | | indicates that continuation in practice would constitute an | 3 | | imminent danger to the public. In the event that the Secretary | 4 | | summarily suspends a license without a hearing, a hearing by | 5 | | the Department must be held within 30 days after the suspension | 6 | | has occurred. | 7 | | Section 175. Certificate of record. The Department shall | 8 | | not be required to certify any record to the court or file any | 9 | | answer in court or otherwise appear in any court in a judicial | 10 | | review proceeding, unless there is filed in the court, with the | 11 | | complaint, a receipt from the Department acknowledging payment | 12 | | of the costs of furnishing and certifying the record. Failure | 13 | | on the part of the plaintiff to file a receipt in court shall | 14 | | be grounds for dismissal of the action. | 15 | | Section 180. Administrative Review Law. All final | 16 | | administrative decisions of the Department are subject to | 17 | | judicial review under the Administrative Review Law and its | 18 | | rules. The term "administrative decision" is defined as in | 19 | | Section 3-101 of the Code of Civil Procedure. | 20 | | Section 185. Illinois Administrative Procedure Act. The | 21 | | Illinois Administrative Procedure Act is hereby expressly | 22 | | adopted and incorporated in this Act as if all of the | 23 | | provisions of such Act were included in this Act, except that |
| | | 09600SB3712ham003 | - 49 - | LRB096 19949 ASK 43606 a |
|
| 1 | | the provision of subsection (d) of Section 10-65 of the | 2 | | Illinois Administrative Procedure Act that provides that at | 3 | | hearings the licensee has the right to show compliance with all | 4 | | lawful requirements for retention, continuation, or renewal of | 5 | | the license is specifically excluded. For purposes of this Act, | 6 | | the notice required under Section 10-25 of the Illinois | 7 | | Administrative Procedure Act is deemed sufficient when mailed | 8 | | to the last known address of a party. | 9 | | Section 190. Home rule. Pursuant to paragraph (h) of | 10 | | Section 6 of Article
VII
of the Illinois Constitution of 1970, | 11 | | the power to regulate and issue licenses for the practice of | 12 | | midwifery shall,
except as may otherwise be provided within and | 13 | | pursuant to the provisions of this Act, be exercised by the | 14 | | State and may
not be exercised by
any unit of local government, | 15 | | including home rule units. | 16 | | Section 193. Rulemaking conditions. Rulemaking authority | 17 | | to implement this Act, if any, is conditioned on the rules | 18 | | being adopted in accordance with all provisions of the Illinois | 19 | | Administrative Procedure Act and all rules and procedures of | 20 | | the Joint Committee on Administrative Rules; any purported rule | 21 | | not so adopted, for whatever reason, is unauthorized. | 22 | | Section 195. Severability. The provisions of this Act are | 23 | | severable under Section 1.31 of the Statute on Statutes. |
| | | 09600SB3712ham003 | - 50 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Section 900. The Regulatory Sunset Act is amended by | 2 | | changing Section 4.31 as follows: | 3 | | (5 ILCS 80/4.31) | 4 | | Sec. 4.31. Acts Act repealed on January 1, 2021. The | 5 | | following Acts are Act is repealed on January 1, 2021: | 6 | | The Crematory Regulation Act. | 7 | | The Cemetery Oversight Act. | 8 | | The Home Birth Safety Act. | 9 | | The Illinois Health Information Exchange and Technology | 10 | | Act.
| 11 | | The Radiation Protection Act of 1990. | 12 | | (Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10; | 13 | | incorporates P.A. 96-863, eff. 3-1-10; revised 9-9-10.) | 14 | | Section 905. The Medical Practice Act of 1987 is amended by | 15 | | changing Section 4 as follows:
| 16 | | (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| 17 | | (Section scheduled to be repealed on December 31, 2010)
| 18 | | Sec. 4. Exemptions.
| 19 | | (a) This Act does not apply to the following:
| 20 | | (1) persons lawfully carrying on their particular | 21 | | profession or business
under any valid existing regulatory | 22 | | Act of this State , including without limitation persons |
| | | 09600SB3712ham003 | - 51 - | LRB096 19949 ASK 43606 a |
|
| 1 | | engaged in the practice of midwifery who are licensed under | 2 | | the Home Birth Safety Act ;
| 3 | | (2) persons rendering gratuitous services in cases of | 4 | | emergency;
| 5 | | (3) persons treating human ailments by prayer or | 6 | | spiritual means as an
exercise or enjoyment of religious | 7 | | freedom; or
| 8 | | (4) persons practicing the specified occupations set | 9 | | forth in in subsection (a) of, and pursuant to a licensing | 10 | | exemption granted in subsection (b) or (d) of, Section | 11 | | 2105-350 of the Department of Professional Regulation Law | 12 | | of the Civil Administrative Code of Illinois, but only for | 13 | | so long as the 2016 Olympic and Paralympic Games | 14 | | Professional Licensure Exemption Law is operable. | 15 | | (b) (Blank).
| 16 | | (Source: P.A. 96-7, eff. 4-3-09.)
| 17 | | Section 910. The Nurse Practice Act is amended by changing | 18 | | Section 50-15 as follows:
| 19 | | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 50-15. Policy; application of Act. | 22 | | (a) For the protection of life and the
promotion of health, | 23 | | and the prevention of illness and communicable diseases,
any | 24 | | person practicing or offering to practice advanced,
|
| | | 09600SB3712ham003 | - 52 - | LRB096 19949 ASK 43606 a |
|
| 1 | | professional, or practical
nursing in Illinois shall submit | 2 | | evidence that he or she is qualified to
practice, and shall be | 3 | | licensed as provided under this Act. No person shall
practice | 4 | | or offer to practice advanced, professional, or practical | 5 | | nursing in Illinois or
use any title, sign, card or device to | 6 | | indicate that such a person is
practicing professional or | 7 | | practical nursing unless such person has been
licensed under | 8 | | the provisions of this Act.
| 9 | | (b) This Act does not prohibit the following:
| 10 | | (1) The practice of nursing in Federal employment in | 11 | | the discharge of the
employee's duties by a person who is | 12 | | employed by the United States
government or any bureau, | 13 | | division or agency thereof and is a legally
qualified and | 14 | | licensed nurse of another state or territory and not in
| 15 | | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 16 | | this
Act.
| 17 | | (2) Nursing that is included in the program of study by
| 18 | | students
enrolled in programs of nursing or in current | 19 | | nurse practice update courses
approved by the Department.
| 20 | | (3) The furnishing of nursing assistance in an | 21 | | emergency.
| 22 | | (4) The practice of nursing by a nurse who holds an | 23 | | active license in
another state when providing services to | 24 | | patients in Illinois during a bonafide
emergency or in | 25 | | immediate preparation for or during interstate
transit.
| 26 | | (5) The incidental care of the sick by members of the |
| | | 09600SB3712ham003 | - 53 - | LRB096 19949 ASK 43606 a |
|
| 1 | | family, domestic
servants or housekeepers, or care of the | 2 | | sick where treatment is by prayer
or spiritual means.
| 3 | | (6) Persons from being employed as unlicensed | 4 | | assistive personnel in private homes, long term care | 5 | | facilities,
nurseries, hospitals or other institutions.
| 6 | | (7) The practice of practical nursing by one who is a | 7 | | licensed practical
nurse under the laws of another U.S. | 8 | | jurisdiction and has applied in writing
to the Department, | 9 | | in form and substance satisfactory to the Department,
for a | 10 | | license as a licensed practical nurse and who is qualified | 11 | | to receive
such license under this Act, until (i) the | 12 | | expiration of 6 months after
the filing of such written | 13 | | application, (ii) the withdrawal of such application,
or | 14 | | (iii) the denial of such application by the Department.
| 15 | | (8) The practice of advanced practice nursing by one | 16 | | who is an advanced practice nurse under the laws of another | 17 | | state, territory of the United States, or country and has | 18 | | applied in writing to the Department, in form and substance | 19 | | satisfactory to the Department, for a license as an | 20 | | advanced practice nurse and who is qualified to receive | 21 | | such license under this Act, until (i) the expiration of 6 | 22 | | months after the filing of such written application, (ii) | 23 | | the withdrawal of such application, or (iii) the denial of | 24 | | such application by the Department.
| 25 | | (9) The practice of professional nursing by one who is | 26 | | a registered
professional nurse under the laws of another |
| | | 09600SB3712ham003 | - 54 - | LRB096 19949 ASK 43606 a |
|
| 1 | | state, territory of the United
States or country and has | 2 | | applied in writing to the Department, in form and
substance | 3 | | satisfactory to the Department, for a license as a | 4 | | registered
professional nurse and who is qualified to | 5 | | receive such license under
Section 55-10, until (1) the | 6 | | expiration of 6 months after the filing of
such written | 7 | | application, (2) the withdrawal of such application, or (3)
| 8 | | the denial of such application by the Department.
| 9 | | (10) The practice of professional nursing that is | 10 | | included in a program of
study by one who is a registered | 11 | | professional nurse under the laws of
another state or | 12 | | territory of the United States or foreign country,
| 13 | | territory or province and who is enrolled in a graduate | 14 | | nursing education
program or a program for the completion | 15 | | of a baccalaureate nursing degree in
this State, which | 16 | | includes clinical supervision by faculty as
determined by | 17 | | the educational institution offering the program and the
| 18 | | health care organization where the practice of nursing | 19 | | occurs.
| 20 | | (11) Any person licensed in this State under any other | 21 | | Act from engaging
in the practice for which she or he is | 22 | | licensed , including without limitation any person engaged | 23 | | in the practice of midwifery who is licensed under the Home | 24 | | Birth Safety Act .
| 25 | | (12) Delegation to authorized direct care staff | 26 | | trained under Section 15.4
of the Mental Health and
|
| | | 09600SB3712ham003 | - 55 - | LRB096 19949 ASK 43606 a |
|
| 1 | | Developmental Disabilities Administrative Act consistent | 2 | | with the policies of the Department.
| 3 | | (13) The practice, services, or activities of persons | 4 | | practicing the specified occupations set forth in | 5 | | subsection (a) of, and pursuant to a licensing exemption | 6 | | granted in subsection (b) or (d) of, Section 2105-350 of | 7 | | the Department of Professional Regulation Law of the Civil | 8 | | Administrative Code of Illinois, but only for so long as | 9 | | the 2016 Olympic and Paralympic Games Professional | 10 | | Licensure Exemption Law is operable. | 11 | | (14) County correctional personnel from delivering | 12 | | prepackaged medication for self-administration to an | 13 | | individual detainee in a correctional facility. | 14 | | Nothing in this Act shall be construed to limit the | 15 | | delegation of tasks or duties by a physician, dentist, or | 16 | | podiatrist to a licensed practical nurse, a registered | 17 | | professional nurse, or other persons.
| 18 | | (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, | 19 | | eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)".
|
|