Full Text of HB1665 97th General Assembly
HB1665ham001 97TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 3/16/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1665
| 2 | | AMENDMENT NO. ______. Amend House Bill 1665 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Home | 5 | | Birth Integration Act. | 6 | | Section 5. Purpose. The General Assembly finds that due to | 7 | | an extreme shortage of licensed home birth providers, a | 8 | | significant percentage of Illinois home birth families engage | 9 | | the services of unregulated, underground, community midwives | 10 | | to attend their planned home births. It further finds that the | 11 | | recent Publication #476 of the American College of | 12 | | Obstetricians and Gynecologists emphasizes the importance of | 13 | | providing home birth families with an integrated and regulated | 14 | | health system that ensures a plan for safe and quick | 15 | | transportation to a nearby hospital in the event of an | 16 | | emergency. It is hereby declared that the lack of integration |
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| 1 | | of community home birth midwives into the Illinois Emergency | 2 | | Medical System creates a serious gap in care that negatively | 3 | | affects the health, safety, and welfare of hundreds of Illinois | 4 | | mothers annually who choose to give birth at home as well as | 5 | | the health, safety, and welfare of their infants. The purpose | 6 | | of this Act is to require the Department of Public Health, | 7 | | Illinois community home birth midwives, and Illinois hospitals | 8 | | to work together to create protocols for receiving transports | 9 | | of home birth mothers, infants, or both, which include methods | 10 | | of transferring medical charts and methods of communication | 11 | | that maintain the underground midwife's anonymity and | 12 | | therefore do not discourage midwives from transporting in a | 13 | | situation where the health and welfare of mother or baby | 14 | | requires it. This Act shall be liberally construed to best | 15 | | carry out these purposes. | 16 | | Section 10. Definitions. As used in this Act: | 17 | | "Emergency" means a medical condition of recent onset and | 18 | | severity that would lead a prudent layperson, possessing an | 19 | | average knowledge of medicine and health, to believe that | 20 | | urgent or unscheduled medical care is required. | 21 | | "Hospital" has the meaning ascribed to that term in the | 22 | | Hospital Licensing Act. | 23 | | "Community midwife" means any midwife serving the home | 24 | | birth community in this State who is not licensed under the | 25 | | Nurse Practice Act. |
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| 1 | | "Patient" means the mother or infant receiving or planning | 2 | | to receive home birth services from the community midwife. | 3 | | Section 15. Home birth emergency transfer protocols. | 4 | | Illinois hospitals shall: | 5 | | (1) allow rapid transfer of patient and patient medical | 6 | | records when an emergency arises during the course of, | 7 | | immediately after, or in the 6 weeks following a planned | 8 | | home birth; | 9 | | (2) allow professional communication between the | 10 | | community midwife and transport and hospital personnel | 11 | | before, during, and after transport without requiring the | 12 | | family or the community midwife to reveal the midwife's | 13 | | identity or location; | 14 | | (3) prohibit hospital personnel from filing a report | 15 | | with the Department of Children and Family Services merely | 16 | | for the fact of a planned home birth; and | 17 | | (4) prohibit hospital personnel from filing a report | 18 | | with the Department of Financial and Professional | 19 | | Regulation or local authorities solely for the fact of | 20 | | attending a home birth. | 21 | | Section 20. Vicarious liability.
No physician licensed to | 22 | | practice medicine in all its branches or physician's assistant, | 23 | | nurse, advanced practice nurse, medical assistant or | 24 | | technician, or first responder shall be held liable for an |
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| 1 | | injury solely resulting from an act or omission by a midwife | 2 | | occurring outside of a hospital, doctor's office, or health | 3 | | care facility. Except as may otherwise be provided by law, | 4 | | nothing in this Section shall exempt any physician licensed to | 5 | | practice medicine in all its branches, physician's assistant, | 6 | | nurse, advanced practice nurse, medical assistant or | 7 | | technician, or first responder from liability for his or her | 8 | | own negligent, grossly negligent, or willful or wanton acts or | 9 | | omissions. | 10 | | Section 900. The Medical Practice Act of 1987 is amended by | 11 | | changing Section 4 as follows:
| 12 | | (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| 13 | | (Section scheduled to be repealed on November 30, 2011)
| 14 | | Sec. 4. Exemptions.
| 15 | | (a) This Act does not apply to the following:
| 16 | | (1) persons lawfully carrying on their particular | 17 | | profession or business
under any valid existing regulatory | 18 | | Act of this State;
| 19 | | (2) persons rendering gratuitous services in cases of | 20 | | emergency;
| 21 | | (3) persons treating human ailments by prayer or | 22 | | spiritual means as an
exercise or enjoyment of religious | 23 | | freedom; or
| 24 | | (4) persons practicing the specified occupations set |
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| 1 | | forth in in subsection (a) of, and pursuant to a licensing | 2 | | exemption granted in subsection (b) or (d) of, Section | 3 | | 2105-350 of the Department of Professional Regulation Law | 4 | | of the Civil Administrative Code of Illinois, but only for | 5 | | so long as the 2016 Olympic and Paralympic Games | 6 | | Professional Licensure Exemption Law is operable ; or | 7 | | (5) community midwives during the transport and | 8 | | transfer of care of home birth mothers or infants solely in | 9 | | a case of emergency . | 10 | | (b) (Blank).
| 11 | | (Source: P.A. 96-7, eff. 4-3-09 .)
| 12 | | Section 910. The Nurse Practice Act is amended by changing | 13 | | Section 50-15 as follows:
| 14 | | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 50-15. Policy; application of Act. | 17 | | (a) For the protection of life and the
promotion of health, | 18 | | and the prevention of illness and communicable diseases,
any | 19 | | person practicing or offering to practice advanced,
| 20 | | professional, or practical
nursing in Illinois shall submit | 21 | | evidence that he or she is qualified to
practice, and shall be | 22 | | licensed as provided under this Act. No person shall
practice | 23 | | or offer to practice advanced, professional, or practical | 24 | | nursing in Illinois or
use any title, sign, card or device to |
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| 1 | | indicate that such a person is
practicing professional or | 2 | | practical nursing unless such person has been
licensed under | 3 | | the provisions of this Act.
| 4 | | (b) This Act does not prohibit the following:
| 5 | | (1) The practice of nursing in Federal employment in | 6 | | the discharge of the
employee's duties by a person who is | 7 | | employed by the United States
government or any bureau, | 8 | | division or agency thereof and is a legally
qualified and | 9 | | licensed nurse of another state or territory and not in
| 10 | | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 11 | | this
Act.
| 12 | | (2) Nursing that is included in the program of study by
| 13 | | students
enrolled in programs of nursing or in current | 14 | | nurse practice update courses
approved by the Department.
| 15 | | (3) The furnishing of nursing assistance in an | 16 | | emergency.
| 17 | | (4) The practice of nursing by a nurse who holds an | 18 | | active license in
another state when providing services to | 19 | | patients in Illinois during a bonafide
emergency or in | 20 | | immediate preparation for or during interstate
transit.
| 21 | | (5) The incidental care of the sick by members of the | 22 | | family, domestic
servants or housekeepers, or care of the | 23 | | sick where treatment is by prayer
or spiritual means.
| 24 | | (6) Persons from being employed as unlicensed | 25 | | assistive personnel in private homes, long term care | 26 | | facilities,
nurseries, hospitals or other institutions.
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| 1 | | (7) The practice of practical nursing by one who is a | 2 | | licensed practical
nurse under the laws of another U.S. | 3 | | jurisdiction and has applied in writing
to the Department, | 4 | | in form and substance satisfactory to the Department,
for a | 5 | | license as a licensed practical nurse and who is qualified | 6 | | to receive
such license under this Act, until (i) the | 7 | | expiration of 6 months after
the filing of such written | 8 | | application, (ii) the withdrawal of such application,
or | 9 | | (iii) the denial of such application by the Department.
| 10 | | (8) The practice of advanced practice nursing by one | 11 | | who is an advanced practice nurse under the laws of another | 12 | | state, territory of the United States, or country and has | 13 | | applied in writing to the Department, in form and substance | 14 | | satisfactory to the Department, for a license as an | 15 | | advanced practice nurse and who is qualified to receive | 16 | | such license under this Act, until (i) the expiration of 6 | 17 | | months after the filing of such written application, (ii) | 18 | | the withdrawal of such application, or (iii) the denial of | 19 | | such application by the Department.
| 20 | | (9) The practice of professional nursing by one who is | 21 | | a registered
professional nurse under the laws of another | 22 | | state, territory of the United
States or country and has | 23 | | applied in writing to the Department, in form and
substance | 24 | | satisfactory to the Department, for a license as a | 25 | | registered
professional nurse and who is qualified to | 26 | | receive such license under
Section 55-10, until (1) the |
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| 1 | | expiration of 6 months after the filing of
such written | 2 | | application, (2) the withdrawal of such application, or (3)
| 3 | | the denial of such application by the Department.
| 4 | | (10) The practice of professional nursing that is | 5 | | included in a program of
study by one who is a registered | 6 | | professional nurse under the laws of
another state or | 7 | | territory of the United States or foreign country,
| 8 | | territory or province and who is enrolled in a graduate | 9 | | nursing education
program or a program for the completion | 10 | | of a baccalaureate nursing degree in
this State, which | 11 | | includes clinical supervision by faculty as
determined by | 12 | | the educational institution offering the program and the
| 13 | | health care organization where the practice of nursing | 14 | | occurs.
| 15 | | (11) Any person licensed in this State under any other | 16 | | Act from engaging
in the practice for which she or he is | 17 | | licensed.
| 18 | | (12) Delegation to authorized direct care staff | 19 | | trained under Section 15.4
of the Mental Health and
| 20 | | Developmental Disabilities Administrative Act consistent | 21 | | with the policies of the Department.
| 22 | | (13) The practice, services, or activities of persons | 23 | | practicing the specified occupations set forth in | 24 | | subsection (a) of, and pursuant to a licensing exemption | 25 | | granted in subsection (b) or (d) of, Section 2105-350 of | 26 | | the Department of Professional Regulation Law of the Civil |
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| 1 | | Administrative Code of Illinois, but only for so long as | 2 | | the 2016 Olympic and Paralympic Games Professional | 3 | | Licensure Exemption Law is operable. | 4 | | (14) County correctional personnel from delivering | 5 | | prepackaged medication for self-administration to an | 6 | | individual detainee in a correctional facility. | 7 | | (15) Community midwives during the transport and | 8 | | transfer of care of home birth mothers or infants solely in | 9 | | a case of emergency. | 10 | | Nothing in this Act shall be construed to limit the | 11 | | delegation of tasks or duties by a physician, dentist, or | 12 | | podiatrist to a licensed practical nurse, a registered | 13 | | professional nurse, or other persons.
| 14 | | (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, | 15 | | eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)".
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