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

HB3401ham001 102ND GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 4/20/2021

 

 


 

 


 
10200HB3401ham001LRB102 14708 SPS 25111 a

1
AMENDMENT TO HOUSE BILL 3401

2    AMENDMENT NO. ______. Amend House Bill 3401 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Licensed Certified Professional Midwife Practice Act.
 
6    Section 5. Purpose. The practice of midwifery in
7out-of-hospital settings is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of the Act is to
10protect and benefit the public by setting standards for the
11qualifications, education, training, and experience of those
12who seek to obtain licensure as a licensed certified
13professional midwife, including requirements to work in
14consultation with hospital based and privileged health care
15professionals to promote high standards of professional
16performance for those licensed to practice midwifery in

 

 

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1out-of-hospital settings in this State, to promote a
2consultative and integrated maternity care delivery system in
3Illinois with agreed-upon consulting, transfer, and transport
4protocols in use by all health care professionals and licensed
5certified professional midwives across all health care
6settings to maximize client safety and positive outcomes, to
7support accredited education and training as a prerequisite to
8licensure, and to protect the public.
 
9    Section 10. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's application file or the
12licensee's licensure file as maintained by the Department.
13    "Antepartum" means before labor or childbirth.
14    "Board" means the Illinois Midwifery Board.
15    "Certified nurse midwife" means an individual licensed
16under the Nurse Practice Act as an advanced practice
17registered nurse and is certified as a nurse midwife.
18    "Client" means a childbearing individual or newborn for
19whom a licensed certified professional midwife provides
20services.
21    "Consultation" means the process by which a licensed
22certified professional midwife seeks the advice or opinion of
23another health care professional.
24    "Department" means the Department of Financial and
25Professional Regulation.

 

 

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1    "Email address of record" means the designated email
2address of record by the Department in the applicant's
3application file or the licensee's licensure file as
4maintained by the Department.
5    "Health care professional" means an advanced practice
6registered nurse or a physician licensed to practice medicine
7in all of its branches.
8    "Intrapartum" means during labor and delivery or
9childbirth.
10    "Licensed certified professional midwife" means a person
11who has successfully met the requirements under Section 40 of
12this Act.
13    "Low-risk" means a low-risk pregnancy where there is an
14absence of any preexisting maternal disease, significant
15disease arising from the pregnancy, or any condition likely to
16affect the pregnancy, including, but not limited to, those
17listed in subsection (b) of Section 75.
18    "Midwife assistant" means a person, at least 18 years of
19age, who performs basic administrative, clerical, and
20supportive services under the supervision of a certified
21professional midwife, is educated to provide both basic and
22emergency care to newborns and mothers during labor, delivery,
23and immediately postpartum, and who maintains Neonatal
24Resuscitation Program provider status and cardiopulmonary
25resuscitation certification.
26    "Midwifery bridge certificate" means a certificate issued

 

 

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1by the North American Registry of midwives that documents
2completion of accredited continuing education for certified
3professional midwives based upon identified areas to address
4education in emergency skills and other competencies set by
5the international confederation of midwives.
6    "Midwifery Education and Accreditation Council" or "MEAC"
7means the nationally recognized accrediting agency, or its
8successor, that establishes standards for the education of
9direct-entry midwives in the United States.
10    "National Association of Certified Professional Midwives"
11or "NACPM" means the professional organization, or its
12successor, that promotes the growth and development of the
13profession of certified professional midwives.
14    "North American Registry of Midwives" or "NARM" means the
15accredited international agency, or its successor
16organization, that has established and has continued to
17administer certification for the credentialing of certified
18professional midwives, including the administration of a
19national competency examination.
20    "Onset of care" means the initial prenatal visit upon an
21agreement between a licensed certified professional midwife
22and client to establish a midwife-client relationship, during
23which the licensed certified professional midwife may take a
24client's medical history, complete an exam, establish a
25client's record, or perform other services related to
26establishing care. "Onset of care" does not include an initial

 

 

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1interview where information about the licensed certified
2professional midwife's practice is shared but no
3midwife-client relationship is established.
4    "Pediatric health care professional" means a licensed
5physician specializing in the care of children, a family
6practice physician, or an advanced practice registered nurse
7licensed under the Nurse Practice Act and certified as a
8Pediatric Nurse Practitioner or Family Nurse Practitioner.
9    "Physician" means a physician licensed under the Medical
10Practice Act of 1987 to practice medicine in all of its
11branches.
12    "Postpartum period" means the first 6 weeks after
13delivery.
14    "Practice of midwifery" means providing the necessary
15supervision, care, and advice to a client during a low-risk
16pregnancy, labor, and the postpartum period, including the
17intended low-risk delivery of a child, and providing normal
18newborn care. "Practice of midwifery" does not include the
19practice of medicine or nursing.
20    "Qualified midwife preceptor" means a licensed and
21experienced midwife or other health professional licensed in
22the State who participated in the clinical education of
23individuals enrolled in a midwifery education institution,
24program, or pathway accredited by the midwifery education
25accreditation council who meet the criteria for midwife
26preceptors by NARM or its successor organization.

 

 

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1    "Secretary" means the Secretary of Financial and
2Professional Regulation.
3    "Supportive services" means simple routine medical tasks
4and procedures for which the midwife assistant or student
5midwife is appropriately trained.
 
6    Section 15. Address of record; email address of record.
7All applicants and licensees shall:
8        (1) provide a valid address and email address to the
9    Department, which shall serve as the address of record and
10    email address of record, respectively, at the time of
11    application for licensure or renewal of licensure; and
12        (2) inform the Department of any change of address of
13    record or email address of record within 14 days after
14    such change either through the Department's website or by
15    contacting the Department.
 
16    Section 20. Social Security Number on license application.
17In addition to any other information required to be contained
18in an application for licensure under this Act, every
19application for an original license under this Act shall
20include the applicant's Social Security Number, which shall be
21retained in the agency's records pertaining to the license. As
22soon as practical, the Department shall assign a customer's
23identification number to each applicant for a license. Every
24application for a renewal or restored license shall require

 

 

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1the applicant's customer identification number.
 
2    Section 25. Exemptions.
3    (a) This Act does not prohibit a person licensed under any
4other Act in this State from engaging in the practice for which
5he or she is licensed or from delegating services as provided
6for under the Act.
7    (b) Nothing in this Act shall be construed to prohibit or
8require licensing under this Act with regard to:
9        (1) the rendering of services by a birth attendant if
10    such attendance is in accordance with the birth
11    attendant's religious faith or cultural group, including
12    indigenous communities, and is rendered only to
13    childbearing individuals and families in a distinct
14    cultural or religious group, including indigenous
15    communities, as an exercise and enjoyment of religious or
16    cultural freedom;
17        (2) a student midwife practicing midwifery as part of
18    their course of study in an accredited midwife
19    institution, program, or pathway under the direction and
20    supervision of a qualified midwife preceptor; and
21        (3) a midwife assistant or student midwife performing
22    within the scope of their responsibilities and duties as
23    defined by rule under the supervision of a licensed
24    certified professional midwife.
25    (c) Nothing in this Act prevents a licensed certified

 

 

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1professional midwife from assisting a health care
2professional, practicing within his or her scope of practice
3while providing antepartum, intrapartum, or postpartum care.
4    (d) Nothing in this Act abridges, limits, or changes in
5any way the rights of parents to deliver their baby where,
6when, how, and with whom they choose, regardless of licensure
7under this Act.
 
8    Section 30. Illinois Midwifery Board.
9    (a) There is created under the authority of the Department
10the Illinois Midwifery Board, which shall consist of 9 members
11appointed by the Secretary: 5 of whom shall be licensed
12certified professional midwives, except that initial
13appointees must have at least 3 years of experience in the
14practice of midwifery in an out-of-hospital setting, be
15certified by the North American Registry of Midwives, and meet
16the qualifications for licensure set forth in this Act; one of
17whom shall be a licensed obstetrician; one of whom shall be a
18certified nurse midwife who provides home birth services; one
19of whom shall be a pediatric health care professional; and one
20of whom shall be a public member. Board members shall serve
214-year terms, except that in the case of initial appointments,
22terms shall be staggered as follows: 4 members shall serve for
234 years, 3 members shall serve for 3 years, and 2 members shall
24serve for 2 years. The Board shall annually elect a
25chairperson and vice chairperson.

 

 

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1    (b) Any appointment made to fill a vacancy shall be for the
2unexpired portion of the term. Appointments to fill vacancies
3shall be made in the same manner as original appointments. No
4Board member may be reappointed for a term that would cause his
5or her continuous service on the Board to exceed 10 years.
6    (c) Board membership must have a reasonable representation
7from different geographic areas of this State, if possible.
8    (d) The Secretary may solicit board recommendations from
9midwifery organizations.
10    (e) The members of the Board may be reimbursed for all
11legitimate, necessary, and authorized expenses incurred in
12attending the meetings of the Board.
13    (f) The Secretary may remove any member of the Board for
14misconduct, incapacity, or neglect of duty at any time prior
15to the expiration of his or her term.
16    (g) Five Board members shall constitute a quorum. A
17vacancy in the membership of the Board shall not impair the
18right of a quorum to perform all of the duties of the Board.
19    (h) The Board may provide the Department with
20recommendations concerning the administration of this Act and
21may perform each of the following duties:
22        (1) Recommend to the Department the prescription and,
23    from time to time, the revision of any rules that may be
24    necessary to carry out the provisions of this Act,
25    including those that are designed to protect the health,
26    safety, and welfare of the public.

 

 

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1        (2) Recommend changes to the medication formulary list
2    as standards and drug availability change.
3        (3) Participate in disciplinary conferences and
4    hearings.
5        (4) Make recommendations to the Department regarding
6    disciplinary action taken against a licensee as provided
7    under this Act.
8        (5) Recommend the approval, denial of approval, and
9    withdrawal of approval of required education and
10    continuing educational programs.
11    (i) Members of the Board shall be immune from suit in an
12action based upon a disciplinary proceeding or other activity
13performed in good faith as a member of the Board, except for
14willful or wanton misconduct.
 
15    Section 35. Powers and duties of the Department; rules.
16    (a) The Department shall exercise the powers and duties
17prescribed by the Civil Administrative Code of Illinois for
18the administration of licensing Acts and shall exercise such
19other powers and duties necessary for effectuating the
20purposes of this Act.
21    (b) The Secretary shall adopt rules consistent with the
22provisions of this Act for the administration and enforcement
23of this Act and for the payment of fees connected to this Act
24and may prescribe forms that shall be issued in connection
25with this Act.
 

 

 

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1    Section 40. Use of title. No person may use the title
2"licensed midwife", describe or imply that he or she is a
3licensed midwife, or represent himself or herself as a
4licensed midwife unless the person is granted a license under
5this Act or is licensed as an advanced practice registered
6nurse with certification as a nurse midwife.
 
7    Section 45. Licensure.
8    (a) Each applicant who successfully meets the requirements
9of this Section is eligible for licensure as a certified
10professional midwife if the applicant:
11        (1) submits forms prescribed by the Department and
12    accompanied by the required fee;
13        (2) is at least 21 years of age;
14        (3) holds and maintains valid certified professional
15    midwife certification granted by NARM or its successor
16    organization;
17        (4) holds and maintains cardiopulmonary resuscitation
18    certification;
19        (5) holds and maintains neonatal resuscitation
20    provider status; and
21        (6) successfully completed a postsecondary midwifery
22    education program through an institution, program, or
23    pathway accredited by the Midwife Education and
24    Accreditation Council, that has both academic and clinical

 

 

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1    practice incorporated throughout the curriculum.
2    (b) A midwife who is certified by NARM, but who has not
3completed a MEAC program, may apply for licensure if he or she:
4        (1) provides proof as a citizen residing in this
5    State;
6        (2) provides proof of completion of the midwifery
7    bridge certificate and applies within one year of adoption
8    of rules or provide proof of practicing as a certified
9    professional midwife in this State for at least 3 years
10    prior to when rules are adopted and applies up to 3 years
11    after adoption of rules; and
12        (3) provides proof of paragraphs (1) through (6)
13    required under subsection (a).
14    (c) Applicants have 3 years from the date of application
15to complete the application process. If the process has not
16been completed in 3 years, the application shall be denied,
17the fee shall be forfeited, and the applicant must reapply and
18meet the requirements in effect at the time of reapplication.
 
19    Section 50. Endorsement. Upon payment of the required fee,
20the Department may, in its discretion, license as a certified
21professional midwife, an applicant who is a certified
22professional midwife licensed in another jurisdiction, if the
23requirements for licensure in that jurisdiction were, at the
24time of licensure, substantially equivalent to the
25requirements in force in this State on that date or equivalent

 

 

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1to the requirements of this Act.
 
2    Section 55. Expiration; renewal of licensure.
3    (a) The expiration date and renewal period for each
4license issued under this Act shall be set by rule. The holder
5of a license may renew the license during the month preceding
6the expiration date of the license by paying the required fee.
7It is the responsibility of the licensee to notify the
8Department in writing of a change of address required for the
9renewal of a license under this Act.
10    Any licensed certified professional midwife who has
11permitted his or her license to expire or who has had his or
12her license on inactive status may have the license restored
13by applying to the Department and filing proof acceptable to
14the Department of his or her fitness to have the license
15restored, and by paying the required fees. Proof of fitness
16may include sworn evidence certifying to active lawful
17practice in another jurisdiction.
18    If the licensed certified professional midwife has not
19maintained an active practice in another jurisdiction
20satisfactory to the Department, the Department shall
21determine, by an evaluation program established by rule, his
22or her fitness for restoration of the license and shall
23establish procedures and requirements for such restoration.
24    However, any licensed certified professional midwife whose
25license expired while he or she was (1) in federal service on

 

 

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1active duty with the Armed Forces of the United States, or the
2State Militia called he or she into service or training, or (2)
3in training or education under the supervision of the United
4States preliminary to induction into the military service, may
5have the license restored without paying any lapsed renewal
6fees if, within 2 years after honorable termination of such
7service, training, or education, he or she furnishes the
8Department with satisfactory evidence to the effect that he or
9she has been so engaged and that his or her service, training,
10or education has been terminated.
11    (b) Rules adopted under this Act shall require a licensed
12certified professional midwife to maintain certified
13professional midwife certification by meeting all continuing
14education requirements and other requirements set forth in
15this Section and to maintain current cardiopulmonary
16resuscitation or basic life support certification as required
17under Section 40.
18    The Department may adopt rules of continuing education for
19licensed certified professional midwives licensed under this
20Act that require 20 hours of continuing education per 2-year
21license renewal cycle. The rules shall address variances in
22part or in whole for good cause, including, but not limited to,
23illness or hardship. The continuing education rules must
24ensure that licensees are given the opportunity to participate
25in programs sponsored by or through their State or national
26professional associations, hospitals, or other providers of

 

 

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1continuing education. Each licensee is responsible for
2maintaining records of completion of continuing education and
3shall be prepared to produce the records when requested by the
4Department.
 
5    Section 60. Inactive status. Any licensed certified
6professional midwife who notified the Department in writing on
7forms prescribed by the Department, may elect to place his or
8her license on an inactive status and shall, subject to rules
9of the Department, be excused from payment of renewal fees
10until he or she notifies the Department in writing of his or
11her intention to restore the license.
12    Any licensed certified professional midwife requesting
13restoration from inactive status shall be required to pay the
14current renewal fee and shall be required to restore his or her
15license, as provided in Section 55.
16    Any licensed certified professional midwife whose license
17is in an inactive status shall not practice in the State.
18    Any licensee who engages in practice while his or her
19license is lapsed or on inactive status shall be considered to
20be practicing without a license, which shall be grounds for
21discipline under Section 140.
 
22    Section 65. Informed consent.
23    (a) A licensed certified professional midwife shall, at an
24initial prenatal visit with a client, provide and disclose to

 

 

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1the client orally and in writing on a form provided by the
2Department all of the following information:
3        (1) the licensed certified professional midwife's
4    experience and training;
5        (2) whether the licensed certified professional
6    midwife has malpractice liability insurance coverage and
7    the policy limits of the coverage;
8        (3) a protocol for the handling of both the patient's
9    and the newborn's medical emergencies; this shall include,
10    but not be limited to, obtaining transportation to a
11    hospital particular to each client with identification of
12    the appropriate hospital, providing a verbal report of the
13    care provided to emergency services providers, and sending
14    a copy of the client records with the client at the time of
15    any transfer to a hospital, including obtaining a signed
16    authorization to release the client's medical records to a
17    health care professional or hospital in the event of such
18    emergency transport;
19        (4) a statement informing the client that, in the
20    event of an emergency or voluntary transfer or if
21    subsequent care is required resulting from the acts or
22    omissions of the licensed certified professional midwife,
23    no liability for the acts or omissions of the licensed
24    certified professional midwife are assignable to the
25    receiving hospital, health care facility, physician,
26    nurse, emergency personnel, or other medical professional

 

 

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1    rendering such care; the receiving hospital, health care
2    facility, physician, nurse, emergency medical personnel,
3    hospital, or other medical professional rendering care are
4    responsible for their own acts and omissions;
5        (5) a statement outlining the necessary emergency
6    equipment, drugs, and personnel available to provide
7    appropriate care in the home;
8        (6) the intent to provide at least one midwife
9    assistant or student midwife during intrapartum and
10    immediate postpartum care; and
11        (7) a recommendation that the client preregister with
12    the nearest hospital and explain the benefits of
13    preregistration.
14    (b) A licensed certified professional midwife shall, at an
15initial prenatal visit with a client, provide a copy of the
16written disclosures required under this Section to the client
17and obtain the client's signature acknowledging that the
18client has been informed, orally and in writing, of the
19disclosures required.
 
20    Section 70. Scope of practice.
21    (a) A licensed certified professional midwife shall:
22        (1) offer each client routine prenatal care and
23    testing in accordance with current American College of
24    Obstetricians and Gynecologists guidelines;
25        (2) provide all clients with a plan for 24 hour

 

 

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1    on-call availability by a licensed certified professional
2    midwife, certified nurse midwife, or licensed physician
3    throughout pregnancy, intrapartum, and 6 weeks postpartum;
4        (3) provide clients with labor support, fetal
5    monitoring, and routine assessment of vital signs once
6    active labor is established;
7        (4) supervise delivery of infant and placenta, assess
8    newborn and maternal well-being in immediate postpartum,
9    and perform an Apgar score assessment;
10        (5) perform routine cord management and inspect for an
11    appropriate number of vessels;
12        (6) inspect the placenta and membranes for
13    completeness;
14        (7) inspect the perineum and vagina postpartum for
15    lacerations and stabilize if necessary;
16        (8) observe the childbearing individual and newborn
17    postpartum until stable condition is achieved, but in no
18    event for less than 2 hours;
19        (9) instruct the childbearing individual, spouse, and
20    other support persons, both verbally and in writing, of
21    the special care and precautions for both the childbearing
22    individual and newborn in the immediate postpartum period;
23        (10) reevaluate maternal and newborn well-being within
24    36 hours of delivery;
25        (11) notify a pediatric health care professional
26    within 72 hours after delivery;

 

 

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1        (12) use universal precautions with all biohazard
2    materials;
3        (13) ensure that a birth certificate is accurately
4    completed and filed in accordance with the Department of
5    Public Health;
6        (14) offer to obtain and submit a blood sample in
7    accordance with the recommendations for metabolic
8    screening of the newborn;
9        (15) offer an injection of vitamin K for the newborn
10    in accordance with the indication, dose, and
11    administration route as authorized in subsection (b);
12        (16) within one week of delivery, offer a newborn
13    hearing screening to every newborn or refer the parents to
14    a facility with a newborn hearing screening program;
15        (17) within 2 hours of the birth, offer the
16    administration of antibiotic ointment into the eyes of the
17    newborn, in accordance with the Infant Eye Disease Act;
18    and
19        (18) maintain adequate antenatal and perinatal records
20    of each client and provide records to consulting licensed
21    physicians and licensed certified nurse midwives, in
22    accordance with regulations promulgated under the Health
23    Insurance Portability and Accountability Act of 1996.
24    (b) A licensed certified professional midwife may
25administer the following during the practice of midwifery:
26        (1) oxygen for the treatment of fetal distress;

 

 

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1        (2) eye prophylactics, either 0.5% erythromycin
2    ophthalmic ointment or 1% tetracycline ophthalmic ointment
3    for the prevention of neonatal ophthalmia;
4        (3) oxytocin, pitocin, or misoprostol as a postpartum
5    antihemorrhagic agent;
6        (4) methylergonovine or methergine for the treatment
7    of postpartum hemorrhage;
8        (5) vitamin K for the prophylaxis of hemorrhagic
9    disease of the newborn;
10        (6) Rho (D) immune globulin for the prevention of Rho
11    (D) sensitization in Rho (D) negative individuals;
12        (7) intravenous fluids for maternal stabilization,
13    including lactated Ringer's solution, or with 5% dextrose;
14        (8) administer antibiotics as prophylactic for GBS in
15    accordance with current ACOG protocols as provided by
16    Department rule;
17        (9) ibuprofen for postpartum pain relief;
18        (10) lidocaine injection as a local anesthetic for
19    perineal repair; and
20        (11) sterile water subcutaneous injections as a
21    non-pharmaceutical form of pain relief during the first
22    and second stages of labor.
23    The Department may approve additional medications, agents,
24or procedures based upon updated evidence-based obstetrical
25guidelines or based upon limited availability of standard
26medications or agents.

 

 

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1    (c) A licensed certified professional midwife shall plan
2for at least 2 licensed certified professional midwives or a
3licensed certified professional midwife and a midwife
4assistant or student midwife to be present at all
5out-of-hospital births.
 
6    Section 75. Consultation and referral.
7    (a) A licensed certified professional midwife shall
8consult with a licensed physician or a certified nurse midwife
9providing obstetrical care whenever there are significant
10deviations, including abnormal laboratory results, relative to
11a client's pregnancy or to a neonate. If a referral to a
12physician or certified nurse midwife is needed, the licensed
13certified professional midwife shall refer the client to a
14physician or certified nurse midwife and, if possible, remain
15in consultation with the physician until resolution of the
16concern. Consultation does not preclude the possibility of an
17out-of-hospital birth. It is appropriate for the licensed
18certified professional midwife to maintain care of the client
19to the greatest degree possible, in accordance with the
20client's wishes, during the pregnancy and, if possible, during
21labor, birth, and the postpartum period.
22    (b) A licensed certified professional midwife shall
23consult with a licensed physician or a certified nurse midwife
24with regard to any childbearing individual who presents with
25or develops the following risk factors or presents with or

 

 

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1develops other risk factors that, in the judgment of the
2licensed certified professional midwife, warrant consultation:
3        (1) Antepartum:
4            (A) pregnancy induced hypertension, as evidenced
5        by a blood pressure of 140/90 on 2 occasions greater
6        than 6 hours apart;
7            (B) persistent, severe headaches, epigastric pain,
8        or visual disturbances;
9            (C) persistent symptoms of urinary tract
10        infection;
11            (D) significant vaginal bleeding before the onset
12        of labor not associated with uncomplicated spontaneous
13        abortion;
14            (E) rupture of membranes prior to the 37th week
15        gestation;
16            (F) noted abnormal decrease in or cessation of
17        fetal movement;
18            (G) anemia resistant to supplemental therapy;
19            (H) fever of 102 degrees Fahrenheit or 39 degrees
20        Celsius or greater for more than 24 hours;
21            (I) non-vertex presentation after 38 weeks
22        gestation;
23            (J) hyperemesis or significant dehydration;
24            (K) isoimmunization, Rh-negative sensitized,
25        positive titers, or any other positive antibody titer,
26        which may have a detrimental effect on the

 

 

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1        childbearing individual or fetus;
2            (L) elevated blood glucose levels unresponsive to
3        dietary management;
4            (M) positive HIV antibody test;
5            (N) primary genital herpes infection in pregnancy;
6            (O) symptoms of malnutrition or anorexia or
7        protracted weight loss or failure to gain weight;
8            (P) suspected deep vein thrombosis;
9            (Q) documented placental anomaly or previa;
10            (R) documented low-lying placenta in a
11        childbearing individual with history of previous
12        cesarean delivery;
13            (S) labor prior to the 37th week of gestation;
14            (T) history of prior uterine incision;
15            (U) lie other than vertex at term;
16            (V) multiple gestation;
17            (W) known fetal anomalies that may be affected by
18        the site of birth;
19            (X) marked abnormal fetal heart tones;
20            (Y) abnormal non-stress test or abnormal
21        biophysical profile;
22            (Z) marked or severe polyhydramnios or
23        oligohydramnios;
24            (AA) evidence of intrauterine growth restriction;
25            (BB) significant abnormal ultrasound findings; or
26            (CC) gestation beyond 42 weeks by reliable

 

 

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1        confirmed dates;
2        (2) Intrapartum:
3            (A) rise in blood pressure above baseline, more
4        than 30/15 points or greater than 140/90;
5            (B) persistent, severe headaches, epigastric pain
6        or visual disturbances;
7            (C) significant proteinuria or ketonuria;
8            (D) fever over 100.6 degrees Fahrenheit or 38
9        degrees Celsius in absence of environmental factors;
10            (E) ruptured membranes without onset of
11        established labor after 18 hours;
12            (F) significant bleeding prior to delivery or any
13        abnormal bleeding, with or without abdominal pain or
14        evidence of placental abruption;
15            (G) lie not compatible with spontaneous vaginal
16        delivery or unstable fetal lie;
17            (H) failure to progress after 5 hours of active
18        labor or following 2 hours of active second stage
19        labor;
20            (I) signs or symptoms of maternal infection;
21            (J) active genital herpes at onset of labor;
22            (K) fetal heart tones with non-reassuring
23        patterns;
24            (L) signs or symptoms of fetal distress;
25            (M) thick meconium or frank bleeding with birth
26        not imminent; or

 

 

10200HB3401ham001- 25 -LRB102 14708 SPS 25111 a

1            (N) client or licensed certified professional
2        midwife desires physician consultation or transfer;
3        (3) Postpartum:
4            (A) failure to void within 6 hours of birth;
5            (B) signs or symptoms of maternal shock;
6            (C) fever of 102 degrees Fahrenheit or 39 degrees
7        Celsius and unresponsive to therapy for 12 hours;
8            (D) abnormal lochia or signs or symptoms of
9        uterine sepsis;
10            (E) suspected deep vein thrombosis; or
11            (F) signs of clinically significant depression.
12    (c) A licensed certified professional midwife shall
13consult with a licensed physician or certified nurse midwife
14with regard to any neonate who is born with or develops the
15following risk factors:
16        (1) Apgar score of 6 or less at 5 minutes without
17    significant improvement by 10 minutes;
18        (2) persistent grunting respirations or retractions;
19        (3) persistent cardiac irregularities;
20        (4) persistent central cyanosis or pallor;
21        (5) persistent lethargy or poor muscle tone;
22        (6) abnormal cry;
23        (7) birth weight less than 2,300 grams;
24        (8) jitteriness or seizures;
25        (9) jaundice occurring before 24 hours or outside of
26    normal range;

 

 

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1        (10) failure to urinate within 24 hours of birth;
2        (11) failure to pass meconium within 48 hours of
3    birth;
4        (12) edema;
5        (13) prolonged temperature instability;
6        (14) significant signs or symptoms of infection;
7        (15) significant clinical evidence of glycemic
8    instability;
9        (16) abnormal, bulging, or depressed fontanel;
10        (17) significant clinical evidence of prematurity;
11        (18) medically significant congenital anomalies;
12        (19) significant or suspected birth injury;
13        (20) persistent inability to suck;
14        (21) diminished consciousness;
15        (22) clinically significant abnormalities in vital
16    signs, muscle tone, or behavior;
17        (23) clinically significant color abnormality,
18    cyanotic, or pale or abnormal perfusion;
19        (24) abdominal distension or projectile vomiting; or
20        (25) signs of clinically significant dehydration or
21    failure to thrive.
22    (d) Consultation with a health care professional does not
23establish a formal relationship with the client. Consultation
24does not establish a formal relationship between a licensed
25certified professional midwife and another health care
26professional.
 

 

 

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1    Section 80. Transfer.
2    (a) Transport via private vehicle is an acceptable method
3of transport if it is the most expedient and safest method for
4accessing medical services. The licensed certified
5professional midwife shall initiate immediate transport
6according to the licensed certified professional midwife's
7emergency plan, provide emergency stabilization until
8emergency medical services arrive or transfer is completed,
9accompany the client or follow the client to a hospital in a
10timely fashion, and provide pertinent information to the
11receiving facility and complete an emergency.
12    (b) A licensed certified professional midwife must
13establish a written protocol for the handling of both the
14patient's and newborn's medical emergencies, including
15transportation to a hospital, particular to each client, with
16identification of the appropriate hospital. A verbal report of
17the care provided must be provided to emergency services
18providers and a copy of the client records shall be sent with
19the client at the time of any transfer to a hospital, including
20obtaining a signed authorization to release the client's
21medical records to a health care professional or hospital in
22the event of such emergency transport.
 
23    Section 85. Prohibited practices.
24    (a) A licensed certified professional midwife may not do

 

 

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1any of the following:
2        (1) administer prescription pharmacological agents
3    intended to induce or augment labor;
4        (2) administer prescription pharmacological agents to
5    provide pain management;
6        (3) use vacuum extractors or forceps;
7        (4) prescribe medications;
8        (5) provide out-of-hospital care to a childbearing
9    individual who has had a previous cesarean section;
10        (6) perform surgical procedures, including, but not
11    limited to, abortions, cesarean sections, and
12    circumcisions, except for an emergency episiotomy;
13        (7) knowingly accept responsibility for prenatal or
14    intrapartum care of a client with any of the following
15    risk factors:
16            (A) chronic significant maternal cardiac,
17        pulmonary, renal, or hepatic disease;
18            (B) malignant disease in an active phase;
19            (C) significant hematological disorders,
20        coagulopathies, or pulmonary embolism;
21            (D) insulin requiring diabetes mellitus;
22            (E) known maternal congenital abnormalities
23        affecting childbirth;
24            (F) confirmed isoimmunization, Rh disease with
25        positive titer;
26            (G) active tuberculosis;

 

 

10200HB3401ham001- 29 -LRB102 14708 SPS 25111 a

1            (H) active syphilis or gonorrhea;
2            (I) active genital herpes infection 2 weeks prior
3        to labor or in labor;
4            (J) pelvic or uterine abnormalities affecting
5        normal vaginal births, including tumors and
6        malformations;
7            (K) alcoholism or alcohol abuse;
8            (L) drug addiction or abuse; or
9            (M) confirmed AIDS status.
10    (b) A licensed certified professional midwife shall not
11administer Schedule II through IV controlled substances.
12Subject to a prescription by a health care professional,
13Schedule V controlled substances may be administered by
14licensed certified professional midwives.
 
15    Section 90. Annual Reports.
16    (a) Beginning in 2023, a licensed certified professional
17midwife shall annually report to the Department of Public
18Health, by no later than March 31 of each year, in a manner
19specified by the Department of Public Health, the following
20information regarding cases in which the licensed certified
21professional midwife assisted during the previous calendar
22year when the intended place of birth at the onset of care was
23an out-of-hospital setting:
24        (1) the total number of patients served at the onset
25    of care;

 

 

10200HB3401ham001- 30 -LRB102 14708 SPS 25111 a

1        (2) the number, by county, of live births attended;
2        (3) the number, by county, of cases of fetal demise,
3    infant deaths, and maternal deaths attended at the
4    discovery of the demise or death;
5        (4) the number of women whose care was transferred to
6    another health care professional during the antepartum
7    period and the reason for transfer;
8        (5) the number, reason for, and outcome of each
9    nonemergency hospital transfer during the intrapartum or
10    postpartum period;
11        (6) the number, reason for, and outcome of each urgent
12    or emergency transport of an expectant childbearing
13    individual in the antepartum period;
14        (7) the number, reason for, and outcome of each urgent
15    or emergency transport of an infant or childbearing
16    individual during the intrapartum or immediate postpartum
17    period;
18        (8) the number of planned out-of-hospital births at
19    the onset of labor and the number of births completed in an
20    out-of-hospital setting;
21        (9) a brief description of any complications resulting
22    in the morbidity or mortality of a childbearing individual
23    or a neonate; and
24        (10) any other information required by rule by the
25    Department of Public Health.
26    (b) A licensed certified professional midwife who fails to

 

 

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1comply with the reporting requirements under this Section
2shall be prohibited from license renewal until the information
3required under subsection (a) is reported.
4    (c) The Board shall maintain the confidentiality of any
5report under subsection (f).
6    (d) Notwithstanding any other provision of law, a licensed
7certified professional midwife shall be subject to the same
8reporting requirements as other health care professionals who
9provide care to individuals.
10    (f) Reports are confidential under Section 180 of this
11Act.
 
12    Section 95. Vicarious liability.
13    (a) Consultation with a physician or advanced practice
14registered nurse does not alone create a physician-patient or
15advanced practice registered nurse-patient relationship or any
16other relationship with the physician or advanced practice
17registered nurse. The informed consent shall specifically
18state that the licensed certified professional midwife and any
19consulting physician or advanced practice registered nurse are
20not employees, partners, associates, agents, or principals of
21one another. The licensed certified professional midwife shall
22inform the patient that he or she is independently licensed
23and practicing midwifery and in that regard is solely
24responsible for the services he or she provides.
25    (b) Nothing in this Act is intended to expand or limit the

 

 

10200HB3401ham001- 32 -LRB102 14708 SPS 25111 a

1malpractice liability of physicians, advanced practice
2registered nurses, licensed certified professional midwives,
3or other health care professionals, hospitals, or other health
4care institutions beyond the limits existing in current
5Illinois statutory and common law; however, no physician,
6nurse, emergency medical personnel, hospital, or other health
7care institution shall be liable for any act or omission
8resulting from the provision of services by any licensed
9certified professional midwife, even if the physician, nurse,
10emergency medical personnel, hospital, or other health care
11institution has consulted with or accepted a referral from the
12licensed certified professional midwife. The physician, nurse,
13licensed certified professional midwife, emergency medical
14personnel, hospital, or other health care institution
15providing care are responsible for their own acts and
16omissions.
 
17    Section 100. Grounds for disciplinary action.
18    (a) The Department may refuse to issue or to renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action with regard to any
21license issued under this Act as the Department may deem
22proper, including the issuance of fines not to exceed $10,000
23for each violation, for any one or combination of the
24following causes:
25        (1) Material misstatement in furnishing information to

 

 

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1    the Department.
2        (2) Violations of this Act, or the rules adopted under
3    this Act.
4        (3) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or
6    sentencing, including, but not limited to, convictions,
7    preceding sentences of supervision, conditional discharge,
8    or first offender probation, under the laws of any
9    jurisdiction of the United States that is: (i) a felony;
10    or (ii) a misdemeanor, an essential element of which is
11    dishonesty, or that is directly related to the practice of
12    the profession.
13        (4) Making any misrepresentation for the purpose of
14    obtaining licenses.
15        (5) Professional incompetence.
16        (6) Aiding or assisting another person in violating
17    any provision of this Act or its rules.
18        (7) Failing, within 60 days, to provide information in
19    response to a written request made by the Department.
20        (8) Engaging in dishonorable, unethical, or
21    unprofessional conduct, as defined by rule, of a character
22    likely to deceive, defraud, or harm the public.
23        (9) Habitual or excessive use or addiction to alcohol,
24    narcotics, stimulants, or any other chemical agent or drug
25    that results in a midwife's inability to practice with
26    reasonable judgment, skill, or safety.

 

 

10200HB3401ham001- 34 -LRB102 14708 SPS 25111 a

1        (10) Discipline by another U.S. jurisdiction or
2    foreign nation, if at least one of the grounds for
3    discipline is the same or substantially equivalent to
4    those set forth in this Section.
5        (11) Directly or indirectly giving to or receiving
6    from any person, firm, corporation, partnership, or
7    association any fee, commission, rebate or other form of
8    compensation for any professional services not actually or
9    personally rendered. Nothing in this paragraph affects any
10    bona fide independent contractor or employment
11    arrangements, including provisions for compensation,
12    health insurance, pension, or other employment benefits,
13    with persons or entities authorized under this Act for the
14    provision of services within the scope of the licensee's
15    practice under this Act.
16        (12) A finding by the Department that the licensee,
17    after having his or her license placed on probationary
18    status, has violated the terms of probation.
19        (13) Abandonment of a patient.
20        (14) Willfully making or filing false records or
21    reports in his or her practice, including, but not limited
22    to, false records filed with state agencies or
23    departments.
24        (15) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.

 

 

10200HB3401ham001- 35 -LRB102 14708 SPS 25111 a

1        (16) Physical illness, or mental illness or impairment
2    that results in the inability to practice the profession
3    with reasonable judgment, skill, or safety, including, but
4    not limited to, deterioration through the aging process or
5    loss of motor skill.
6        (17) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    under the Abused and Neglected Child Reporting Act, and
9    upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (18) Gross negligence resulting in permanent injury or
14    death of a patient.
15        (19) Employment of fraud, deception, or any unlawful
16    means in applying for or securing a license as a licensed
17    certified profession midwife.
18        (21) Immoral conduct in the commission of any act,
19    including sexual abuse, sexual misconduct, or sexual
20    exploitation related to the licensee's practice.
21        (22) Violation of the Health Care Worker Self-Referral
22    Act.
23        (23) Practicing under a false or assumed name, except
24    as provided by law.
25        (24) Making a false or misleading statement regarding
26    his or her skill or the efficacy or value of the medicine,

 

 

10200HB3401ham001- 36 -LRB102 14708 SPS 25111 a

1    treatment, or remedy prescribed by him or her in the
2    course of treatment.
3        (25) Allowing another person to use his or her license
4    to practice.
5        (26) Prescribing, selling, administering,
6    distributing, giving, or self-administering a drug
7    classified as a controlled substance for purposes other
8    than medically-accepted therapeutic purposes.
9        (27) Promotion of the sale of drugs, devices,
10    appliances, or goods provided for a patient in a manner to
11    exploit the patient for financial gain.
12        (28) A pattern of practice or other behavior that
13    demonstrates incapacity or incompetence to practice under
14    this Act.
15        (29) Violating State or federal laws, rules, or
16    regulations relating to controlled substances or other
17    legend drugs or ephedra as defined in the Ephedra
18    Prohibition Act.
19        (30) Failure to establish and maintain records of
20    patient care and treatment as required by law.
21        (31) Attempting to subvert or cheat on the examination
22    of the North American Registry of Midwives or its
23    successor agency.
24        (32) Willfully or negligently violating the
25    confidentiality between licensed certified profession
26    midwives and patient, except as required by law.

 

 

10200HB3401ham001- 37 -LRB102 14708 SPS 25111 a

1        (33) Willfully failing to report an instance of
2    suspected abuse, neglect, financial exploitation, or
3    self-neglect of an eligible adult as defined in and
4    required by the Adult Protective Services Act.
5        (34) Being named as an abuser in a verified report by
6    the Department on Aging under the Adult Protective
7    Services Act and upon proof by clear and convincing
8    evidence that the licensee abused, neglected, or
9    financially exploited an eligible adult as defined in the
10    Adult Protective Services Act.
11        (35) Failure to report to the Department an adverse
12    final action taken against him or her by another licensing
13    jurisdiction of the United States or a foreign state or
14    country, a peer review body, a health care institution, a
15    professional society or association, a governmental
16    agency, a law enforcement agency, or a court.
17        (36) Failure to provide copies of records of patient
18    care or treatment, except as required by law.
19        (37) Failure of a licensee to report to the Department
20    surrender by the licensee of a license or authorization to
21    practice in another state or jurisdiction or current
22    surrender by the licensee of membership professional
23    association or society while under disciplinary
24    investigation by any of those authorities or bodies for
25    acts or conduct similar to acts or conduct that would
26    constitute grounds for action under this Section.

 

 

10200HB3401ham001- 38 -LRB102 14708 SPS 25111 a

1        (38) Failing, within 90 days, to provide a response to
2    a request for information in response to a written request
3    made by the Department by certified or registered mail or
4    by email to the email address of record.
5        (39) Failure to supervise a midwife assistant or
6    student midwife including, but not limited to, allowing a
7    midwife assistant or student midwife to exceed their
8    scope.
9        (40) Failure to adequately inform a patient about
10    their malpractice liability insurance coverage and the
11    policy limits of the coverage.
12        (41) Failure to submit an annual report to Department
13    of Public Health.
14    (b) The Department may, without a hearing, refuse to issue
15or renew or may suspend the license of any person who fails to
16file a return, or to pay the tax, penalty, or interest shown in
17a filed return, or to pay any final assessment of the tax,
18penalty, or interest as required by any tax Act administered
19by the Department of Revenue, until the requirements of any
20such tax Act are satisfied.
21    (c) The determination by a circuit court that a licensee
22is subject to involuntary admission or judicial admission as
23provided in the Mental Health and Developmental Disabilities
24Code operates as an automatic suspension. The suspension will
25end only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission

 

 

10200HB3401ham001- 39 -LRB102 14708 SPS 25111 a

1and issues an order so finding and discharging the patient,
2and upon the recommendation of the Disciplinary Board to the
3Secretary that the licensee be allowed to resume his or her
4practice.
5    (d) In enforcing this Section, the Department, upon a
6showing of a possible violation, may compel an individual
7licensed to practice under this Act, or who has applied for
8licensure under this Act, to submit to a mental or physical
9examination, or both, including a substance abuse or sexual
10offender evaluation, as required by and at the expense of the
11Department.
12    The Department shall specifically designate the examining
13physician licensed to practice medicine in all of its branches
14or, if applicable, the multidisciplinary team involved in
15providing the mental or physical examination or both. The
16multidisciplinary team shall be led by a physician licensed to
17practice medicine in all of its branches and may consist of one
18or more or a combination of physicians licensed to practice
19medicine in all of its branches, licensed clinical
20psychologists, licensed clinical social workers, licensed
21clinical professional counselors, and other professional and
22administrative staff. Any examining physician or member of the
23multidisciplinary team may require any person ordered to
24submit to an examination pursuant to this Section to submit to
25any additional supplemental testing deemed necessary to
26complete any examination or evaluation process, including, but

 

 

10200HB3401ham001- 40 -LRB102 14708 SPS 25111 a

1not limited to, blood testing, urinalysis, psychological
2testing, or neuropsychological testing.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed.
8    The Department may order the examining physician or any
9member of the multidisciplinary team to present testimony
10concerning the mental or physical examination of the licensee
11or applicant. No information, report, record, or other
12documents in any way related to the examination shall be
13excluded by reason of any common law or statutory privilege
14relating to communications between the licensee or applicant
15and the examining physician or any member of the
16multidisciplinary team. No authorization is necessary from the
17licensee or applicant ordered to undergo an examination for
18the examining physician or any member of the multidisciplinary
19team to provide information, reports, records, or other
20documents or to provide any testimony regarding the
21examination and evaluation.
22    The individual to be examined may have, at his or her own
23expense, another physician of his or her choice present during
24all aspects of this examination. However, that physician shall
25be present only to observe and may not interfere in any way
26with the examination.

 

 

10200HB3401ham001- 41 -LRB102 14708 SPS 25111 a

1    Failure of an individual to submit to a mental or physical
2examination, when ordered, shall result in an automatic
3suspension of his or her license until the individual submits
4to the examination.
5    If the Department finds an individual unable to practice
6because of the reasons set forth in this Section, the
7Department may require that individual to submit to care,
8counseling, or treatment by physicians approved or designated
9by the Department, as a condition, term, or restriction for
10continued, reinstated, or renewed licensure to practice; or,
11in lieu of care, counseling, or treatment, the Department may
12file a complaint to immediately suspend, revoke, or otherwise
13discipline the license of the individual. An individual whose
14license was granted, continued, reinstated, renewed,
15disciplined, or supervised subject to such terms, conditions,
16or restrictions, and who fails to comply with such terms,
17conditions, or restrictions, shall be referred to the
18Secretary for a determination as to whether the individual
19shall have his or her license suspended immediately, pending a
20hearing by the Department.
21    In instances in which the Secretary immediately suspends a
22person's license under this Section, a hearing on that
23person's license must be convened by the Department within 30
24days after the suspension and completed without appreciable
25delay. The Department shall have the authority to review the
26subject individual's record of treatment and counseling

 

 

10200HB3401ham001- 42 -LRB102 14708 SPS 25111 a

1regarding the impairment to the extent permitted by applicable
2federal statutes and regulations safeguarding the
3confidentiality of medical records.
4    An individual licensed under this Act and affected under
5this Section shall be afforded an opportunity to demonstrate
6to the Department that he or she can resume practice in
7compliance with acceptable and prevailing standards under the
8provisions of his or her license.
9    (e) An individual or organization acting in good faith,
10and not in a willful and wanton manner, in complying with this
11Section by providing a report or other information to the
12Board, by assisting in the investigation or preparation of a
13report or information, by participating in proceedings of the
14Board, or by serving as a member of the Board, shall not be
15subject to criminal prosecution or civil damages as a result
16of such actions.
17    (f) Members of the Board and the Disciplinary Board shall
18be indemnified by the State for any actions occurring within
19the scope of services on the Disciplinary Board or Board, done
20in good faith and not willful and wanton in nature. The
21Attorney General shall defend all such actions unless he or
22she determines either that there would be a conflict of
23interest in such representation or that the actions complained
24of were not in good faith or were willful and wanton.
25    If the Attorney General declines representation, the
26member has the right to employ counsel of his or her choice,

 

 

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1whose fees shall be provided by the State, after approval by
2the Attorney General, unless there is a determination by a
3court that the member's actions were not in good faith or were
4willful and wanton.
5    The member must notify the Attorney General within 7 days
6after receipt of notice of the initiation of any action
7involving services of the Disciplinary Board. Failure to
8notify the Attorney General constitutes an absolute waiver of
9the right to a defense and indemnification.
10    The Attorney General shall determine, within 7 days after
11receiving such notice, whether he or she will undertake to
12represent the member.
 
13    Section 105. Suspension of license for failure to pay
14restitution. The Department, without further process or
15hearing, shall suspend the license or other authorization to
16practice of any person issued under this Act who has been
17certified by court order as not having paid restitution to a
18person under Section 8A-3.5 of the Illinois Public Aid Code or
19under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
20the Criminal Code of 2012. A person whose license or other
21authorization to practice is suspended under this Section is
22prohibited from practicing until the restitution is made in
23full.
 
24    Section 110. Restoration of license. At any time after the

 

 

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1successful completion of a term of probation, suspension, or
2revocation of any license, the Department may restore it to
3the licensee, unless after an investigation and a hearing, the
4Department determines that restoration is not in the public
5interest. Where circumstances of suspension or revocation so
6indicate, the Department may require an examination of the
7licensee prior to restoring his or her license. No person
8whose license has been revoked as authorized in this Act may
9apply for restoration of that license until provided for in
10the Civil Administrative Code of Illinois.
11    A license that has been suspended or revoked shall be
12considered nonrenewed for purposes of restoration and a person
13restoring his or her license from suspension or revocation
14must comply with the requirements for restoration of a
15nonrenewed license as set forth in Section 20 and any related
16rules adopted.
 
17    Section 115. Surrender of license. Upon the revocation or
18suspension of any license, the licensee shall immediately
19surrender the license to the Department. If the licensee fails
20to do so, the Department shall have the right to seize the
21license.
 
22    Section 120. Temporary suspension of license. The
23Secretary may temporarily suspend the license of a certified
24professional midwife without a hearing, simultaneously with

 

 

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1the institution of proceedings for a hearing provided for in
2Section 125, if the Secretary finds that evidence in his or her
3possession indicates that continuation in practice would
4constitute an imminent danger to the public. If the Secretary
5suspends, temporarily, the license without a hearing, a
6hearing by the Department must be held within 30 days after
7such suspension has occurred, and concluded without
8appreciable delay.
 
9    Section 125. Rehearing. If the Secretary is satisfied that
10substantial justice has not been done in the revocation,
11suspension, or refusal to issue or renew a license, the
12Secretary may order a rehearing by the same or another hearing
13officer or Disciplinary Board.
 
14    Section 130. Administrative review; certification of
15record.
16    (a) All final administrative decisions of the Department
17are subject to judicial review pursuant to the provisions of
18the Administrative Review Law, and all rules adopted pursuant
19thereto. "Administrative decision" has the same meaning as
20used in Section 3-101 of the Code of Civil Procedure.
21    (b) Proceedings for judicial review shall be commenced in
22the circuit court of the county in which the party applying for
23review resides, but if the party is not a resident of this
24State, venue shall be in Sangamon County.

 

 

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1    (c) The Department shall not be required to certify any
2record to the court, to file an answer in court, or to
3otherwise appear in any court in a judicial review proceeding
4unless and until the Department has received from the
5plaintiff payment of the costs of furnishing and certifying
6the record, which costs shall be determined by the Department.
7Exhibits shall be certified without cost. Failure on the part
8of the plaintiff to file a receipt in court is grounds for
9dismissal of the action. During the pendency and hearing of
10any and all judicial proceedings incident to the disciplinary
11action, the sanctions imposed upon the accused by the
12Department because of acts or omissions related to the
13delivery of direct patient care as specified in the
14Department's final administrative decision, shall, as a matter
15of public policy, remain in full force and effect in order to
16protect the public pending final resolution of any of the
17proceedings.
 
18    Section 135. Injunction.
19    (a) If any person violates any provision of this Act, the
20Secretary may, in the name of the People of the State of
21Illinois, through the Attorney General, or the State's
22Attorney of any county in which the action is brought,
23petition for an order enjoining the violation or for an order
24enforcing compliance with this Act. Upon the filing of a
25verified petition in court, the court may issue a temporary

 

 

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1restraining order, without notice or bond, and may
2preliminarily and permanently enjoin such violation, and if it
3is established that such person has violated or is violating
4the injunction, the Court may punish the offender for contempt
5of court. Proceedings under this Section shall be in addition
6to, and not in lieu of, all other remedies and penalties
7provided by this Act.
8    (b) If any person shall practice as a certified
9professional midwife or hold himself or herself out as a
10licensed certified professional midwife without being licensed
11under the provisions of this Act, then any licensed certified
12professional midwife, any interested party, or any person
13injured thereby may, in addition to the Secretary, petition
14for relief as provided in subsection (a).
15    (c) If, in the opinion of the Department, any person
16violates any provision of this Act, the Department may issue a
17rule to show cause why an order to cease and desist should not
18be entered against him or her. The rule shall clearly set forth
19the grounds relied upon by the Department and shall provide a
20period of 7 days from the date of the rule to file an answer to
21the satisfaction of the Department. Failure to answer to the
22satisfaction of the Department shall cause an order to cease
23and desist to be issued forthwith.
 
24    Section 140. Investigation; notice; hearing. The
25Department may investigate the actions of any applicant or of

 

 

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1any person or persons holding or claiming to hold a license.
2The Department shall, before suspending, revoking, placing on
3probationary status, or taking any other disciplinary action
4as the Department may deem proper with regard to any license,
5at least 30 days prior to the date set for the hearing, notify
6the applicant or licensee in writing of any charges made and
7the time and place for a hearing of the charges before the
8Disciplinary Board, direct him or her to file his or her
9written answer thereto to the Disciplinary Board under oath
10within 20 days after the service on him or her of such notice
11and inform him or her that if he or she fails to file such
12answer default will be taken against him or her and his or her
13license may be suspended, revoked, placed on probationary
14status, or have other disciplinary action, including limiting
15the scope, nature, or extent of his or her practice, as the
16Department may deem proper taken with regard thereto. Written
17or electronic notice may be served by personal delivery,
18email, or mail to the applicant or licensee at his or her
19address of record or email address of record. At the time and
20place fixed in the notice, the Department shall proceed to
21hear the charges and the parties or their counsel shall be
22accorded ample opportunity to present such statements,
23testimony, evidence, and argument as may be pertinent to the
24charges or to the defense thereto. The Department may continue
25such hearing from time to time. In case the applicant or
26licensee, after receiving notice, fails to file an answer, his

 

 

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1or her license may in the discretion of the Secretary, having
2received first the recommendation of the Disciplinary Board,
3be suspended, revoked, placed on probationary status, or the
4Secretary may take whatever disciplinary action as he or she
5may deem proper, including limiting the scope, nature, or
6extent of such person's practice, without a hearing, if the
7act or acts charged constitute sufficient grounds for such
8action under this Act.
 
9    Section 145. Hearing report. At the conclusion of the
10hearing, the Disciplinary Board shall present to the Secretary
11a written report of its findings of fact, conclusions of law,
12and recommendations. The report shall contain a finding of
13whether the accused person violated this Act or failed to
14comply with the conditions required in this Act. The
15Disciplinary Board shall specify the nature of the violation
16or failure to comply, and shall make its recommendations to
17the Secretary.
18    The report of findings of fact, conclusions of law, and
19recommendation of the Disciplinary Board shall be the basis
20for the Department's order or refusal or for the granting of a
21license or permit. The finding is not admissible in evidence
22against the person in a criminal prosecution brought for the
23violation of this Act, but the hearing and finding are not a
24bar to a criminal prosecution brought for the violation of
25this Act.
 

 

 

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1    Section 150. Hearing officer. Notwithstanding the
2provisions of Section 140, the Secretary shall have the
3authority to appoint any attorney duly licensed to practice
4law in this State to serve as the hearing officer in any action
5for refusal to issue or renew, or for discipline of, a license.
6The hearing officer shall have full authority to conduct the
7hearing. The hearing officer shall report his or her findings
8of fact, conclusions of law, and recommendations to the
9Disciplinary Board and the Secretary. The Disciplinary Board
10shall have 60 days from receipt of the report to review the
11report of the hearing officer and present their findings of
12fact, conclusions of law, and recommendations to the
13Secretary. If the Disciplinary Board fails to present its
14report within the 60-day period, the respondent may request in
15writing a direct appeal to the Secretary, in which case the
16Secretary may issue an order based upon the report of the
17hearing officer and the record of the proceedings or issue an
18order remanding the matter back to the hearing officer for
19additional proceedings in accordance with the order.
20Notwithstanding any other provision of this Section, if the
21Secretary, upon review, determines that substantial justice
22has not been done in the revocation, suspension, or refusal to
23issue or renew a license or other disciplinary action taken as
24the result of the entry of the hearing officer's report, the
25Secretary may order a rehearing by the same or other

 

 

10200HB3401ham001- 51 -LRB102 14708 SPS 25111 a

1examiners. If the Secretary disagrees in any regard with the
2report of the Disciplinary Board or hearing officer, he or she
3may issue an order in contravention thereof.
 
4    Section 155. Motion for rehearing.    In any case
5involving the refusal to issue, renew, or discipline of a
6license, a copy of the Disciplinary Board's report shall be
7served upon the respondent by the Department, either
8personally or as provided in this Act for the service of the
9notice of hearing. Within 20 days after such service, the
10respondent may present to the Department a motion in writing
11for a rehearing, which motion shall specify the particular
12grounds therefor. If no motion for rehearing is filed, then
13upon the expiration of the time specified for filing such a
14motion, or if a motion for rehearing is denied, then upon such
15denial the Secretary may enter an order in accordance with
16recommendations of the Disciplinary Board except as provided
17in Section 145 or 150. If the respondent shall order from the
18reporting service, and pay for a transcript of the record
19within the time for filing a motion for rehearing, the 20-day
20period within which such a motion may be filed shall commence
21upon the delivery of the transcript to the respondent.
 
22    Section 160. Certification of records by Department. The
23Department shall not be required to certify any record to the
24court or file any answer in court or otherwise appear in any

 

 

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1court in a judicial review proceeding, unless there is filed
2in the court, with the complaint, a receipt from the
3Department acknowledging payment of the costs of furnishing
4and certifying the record. Failure on the part of the
5plaintiff to file a receipt in court shall be grounds for
6dismissal of the action.
 
7    Section 165. Violation. Any person who is found to have
8knowingly violated any provision of this Act is guilty of a
9Class A misdemeanor. On conviction of a second or subsequent
10offense the violator shall be guilty of a Class 4 felony.
 
11    Section 170. Fees.
12    (a) Fees collected for the administration of this Act
13shall be set by the Department by rule. All fees are
14nonrefundable.
15    (b) All moneys collected under this Act by the Department
16shall be deposited in the General Professions Fund.
 
17    Section 175. Returned checks; fines. Any person who
18delivers a check or other payment to the Department that is
19returned to the Department unpaid by the financial institution
20upon which it is drawn shall pay to the Department, in addition
21to the amount already owed to the Department, a fine of $50.
22The fines imposed by this Section are in addition to any other
23discipline provided under this Act for unlicensed practice or

 

 

10200HB3401ham001- 53 -LRB102 14708 SPS 25111 a

1practice on a nonrenewed license. The Department shall notify
2the person that payment of fees and fines shall be paid to the
3Department by certified check or money order within 30
4calendar days of the notification. If, after the expiration of
530 days from the date of the notification, the person has
6failed to submit the necessary remittance, the Department
7shall automatically terminate the license or certificate or
8deny the application, without hearing. If, after termination
9or denial, the person seeks a license or certificate, he or she
10shall apply to the Department for restoration or issuance of
11the license or certificate and pay all fees and fines due to
12the Department. The Department may establish a fee for the
13processing of an application for restoration of a license or
14certificate to pay all expenses of processing this
15application. The Secretary may waive the fines due under this
16Section in individual cases where the Secretary finds that the
17fines would be unreasonable or unnecessarily burdensome.
 
18    Section 180. Confidentiality. All information collected by
19the Department in the course of an examination or
20investigation of a licensee or applicant, including, but not
21limited to, any complaint against a licensee filed with the
22Department and information collected to investigate any such
23complaint, shall be maintained for the confidential use of the
24Department and shall not be disclosed. The Department shall
25not disclose the information to anyone other than law

 

 

10200HB3401ham001- 54 -LRB102 14708 SPS 25111 a

1enforcement officials, regulatory agencies that have an
2appropriate regulatory interest as determined by the
3Secretary, or a party presenting a lawful subpoena to the
4Department. Information and documents disclosed to a federal,
5State, county, or local law enforcement agency shall not be
6disclosed by the agency for any purpose to any other agency or
7person. A formal complaint filed against a licensee by the
8Department or any order issued by the Department against a
9licensee or applicant shall be a public record, except as
10otherwise prohibited by law.
 
11    Section 185. The Regulatory Sunset Act is amended by
12changing Section 4.37 as follows:
 
13    (5 ILCS 80/4.37)
14    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
15The following are repealed on January 1, 2027:
16    The Clinical Psychologist Licensing Act.
17    The Illinois Optometric Practice Act of 1987.
18    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
19XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
20    The Boiler and Pressure Vessel Repairer Regulation Act.
21    The Marriage and Family Therapy Licensing Act.
22    The Licensed Certified Professional Midwife Practice Act.
23(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
2499-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.

 

 

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18-18-17; 100-372, eff. 8-25-17.)".