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

HB3401sam001 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 5/14/2021

 

 


 

 


 
10200HB3401sam001LRB102 14708 SPS 26604 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 45 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 Section 85.
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.
22For applicants without a social security number, an individual
23taxpayer identification number shall be provided instead of a
24social security number. As soon as practical, the Department

 

 

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1shall assign a customer's identification number to each
2applicant for a license. Every application for a renewal or
3restored license shall require the applicant's customer
4identification number.
 
5    Section 25. Exemptions.
6    (a) This Act does not prohibit a person licensed under any
7other Act in this State from engaging in the practice for which
8he or she is licensed or from delegating services as provided
9for under the Act.
10    (b) Nothing in this Act shall be construed to prohibit or
11require licensing under this Act with regard to:
12        (1) a traditional birth attendant practicing midwifery
13    without a license if the traditional birth attendant has
14    cultural, indigenous, or religious traditions that have
15    historically included the attendance of traditional birth
16    attendants at births and that birth attendant serves only
17    the women and families in that distinct cultural,
18    indigenous, or religious group;
19        (2) a student midwife practicing midwifery as part of
20    his or her course of study in an accredited midwife
21    institution, program, or pathway under the direction and
22    supervision of a qualified midwife preceptor; and
23        (3) a midwife assistant performing within the scope of
24    his or her responsibilities and duties as defined by rule
25    under the supervision of a licensed certified professional

 

 

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1    midwife.
2    (c) Nothing in this Act prevents a licensed certified
3professional midwife from assisting a health care
4professional, practicing within his or her scope of practice
5while providing antepartum, intrapartum, or postpartum care.
6    (d) Nothing in this Act abridges, limits, or changes in
7any way the rights of parents to deliver their baby where,
8when, how, and with whom they choose, regardless of licensure
9under this Act.
 
10    Section 30. Illinois Midwifery Board.
11    (a) There is created under the authority of the Department
12the Illinois Midwifery Board, which shall consist of 9 members
13appointed by the Secretary: 5 of whom shall be licensed
14certified professional midwives, with initial appointees
15having at least 3 years of experience in the practice of
16midwifery in an out-of-hospital setting, be certified by the
17North American Registry of Midwives, and meet the
18qualifications for licensure set forth in this Act; one of
19whom shall be an Illinois licensed physician who specializes
20in obstetrics; one of whom shall be a certified nurse midwife
21who provides home birth services; one of whom shall be a
22pediatric health care professional; and one of whom shall be a
23public member. Board members shall serve 4-year terms, except
24that in the case of initial appointments, terms shall be
25staggered as follows: 4 members shall serve for 4 years, 3

 

 

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1members shall serve for 3 years, and 2 members shall serve for
22 years. The Board shall annually elect a chairperson and vice
3chairperson. All board members must be residents of this
4State. All board members, except for the public member, must
5be licensed in good standing and, at the time of appointment,
6actively engaged in their respective professions.
7    (b) Any appointment made to fill a vacancy shall be for the
8unexpired portion of the term. Appointments to fill vacancies
9shall be made in the same manner as original appointments. No
10Board member may be reappointed for a term that would cause his
11or her continuous service on the Board to exceed 10 years.
12    (c) Board membership must have a reasonable representation
13from different geographic areas of this State, if possible.
14    (d) The Secretary may solicit board recommendations from
15midwifery organizations.
16    (e) The members of the Board may be reimbursed for all
17legitimate, necessary, and authorized expenses incurred in
18attending the meetings of the Board.
19    (f) The Secretary may remove any member of the Board for
20misconduct, incapacity, or neglect of duty at any time prior
21to the expiration of his or her term.
22    (g) Five Board members shall constitute a quorum. A
23vacancy in the membership of the Board shall not impair the
24right of a quorum to perform all of the duties of the Board.
25    (h) The Board may provide the Department with
26recommendations concerning the administration of this Act and

 

 

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1may perform each of the following duties:
2        (1) Recommend to the Department the prescription and,
3    from time to time, the revision of any rules that may be
4    necessary to carry out the provisions of this Act,
5    including those that are designed to protect the health,
6    safety, and welfare of the public.
7        (2) Recommend changes to the medication formulary list
8    as standards and drug availability change.
9        (3) Participate in disciplinary conferences and
10    hearings.
11        (4) Make recommendations to the Department regarding
12    disciplinary action taken against a licensee as provided
13    under this Act.
14        (5) Recommend the approval, denial of approval, and
15    withdrawal of approval of required education and
16    continuing educational programs.
17    (i) Members of the Board shall be immune from suit in an
18action based upon a disciplinary proceeding or other activity
19performed in good faith as a member of the Board, except for
20willful or wanton misconduct.
 
21    Section 35. Powers and duties of the Department; rules.
22    (a) The Department shall exercise the powers and duties
23prescribed by the Civil Administrative Code of Illinois for
24the administration of licensing Acts and shall exercise such
25other powers and duties necessary for effectuating the

 

 

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1purposes of this Act.
2    (b) The Secretary shall adopt rules consistent with the
3provisions of this Act for the administration and enforcement
4of this Act and for the payment of fees connected to this Act
5and may prescribe forms that shall be issued in connection
6with this Act.
 
7    Section 40. Use of title. No person may use the title
8"licensed midwife", describe or imply that he or she is a
9licensed midwife, or represent himself or herself as a
10licensed midwife unless the person is granted a license under
11this Act or is licensed as an advanced practice registered
12nurse with certification as a nurse midwife.
 
13    Section 45. Licensure.
14    (a) Each applicant who successfully meets the requirements
15of this Section is eligible for licensure as a certified
16professional midwife if the applicant:
17        (1) submits forms prescribed by the Department and
18    accompanied by the required nonrefundable fee;
19        (2) is at least 21 years of age;
20        (3) has successfully completed a licensure examination
21    approved by the Department;
22        (4) holds valid certified professional midwife
23    certification granted by NARM or its successor
24    organization;

 

 

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1        (5) holds an active cardiopulmonary resuscitation
2    certification;
3        (6) holds an active neonatal resuscitation provider
4    status; and
5        (7) successfully completed a postsecondary midwifery
6    education program through an institution, program, or
7    pathway accredited by the Midwife Education and
8    Accreditation Council, that has both academic and clinical
9    practice incorporated throughout the curriculum.
10    (b) A midwife who is certified by NARM, but who has not
11completed a MEAC program, may apply for licensure if he or she:
12        (1) holds a valid certified professional midwife
13    certification granted by NARM or its successor
14    organization for at least 3 years;
15        (2) provides proof of completion of the midwifery
16    bridge certificate granted by NARM and applies within one
17    year of adoption of rules; and
18        (3) provides proof of paragraphs (1) through (6)
19    required under subsection (a).
20    (c) Applicants have 3 years from the date of application
21to complete the application process. If the process has not
22been completed in 3 years, the application shall be denied,
23the fee shall be forfeited, and the applicant must reapply and
24meet the requirements in effect at the time of reapplication.
 
25    Section 50. Endorsement. Upon payment of the required

 

 

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1nonrefundable fee and submission of required documentation,
2the Department may, in its discretion, license as a certified
3professional midwife, an applicant who is a certified
4professional midwife licensed in another jurisdiction, if the
5requirements for licensure in that jurisdiction were, at the
6time of licensure, substantially equivalent to the
7requirements in force in this State on that date or equivalent
8to the requirements of this Act. Applicants have 3 years from
9the date of application to complete the application process.
10If the process has not been completed in 3 years, the
11application shall be denied, the fee shall be forfeited, and
12the applicant must reapply and meet the requirements in effect
13at the time of reapplication.
 
14    Section 55. Expiration; renewal of licensure. The
15expiration date and renewal period for each license issued
16under this Act shall be set by rule. The holder of a license
17may renew the license during the month preceding the
18expiration date of the license by paying the required fee. It
19is the responsibility of the licensee to notify the Department
20in writing of a change of address required for the renewal of a
21license under this Act. Applicants have 3 years from the date
22of application to complete the application process. If the
23process has not been completed in 3 years, the application
24shall be denied, the fee shall be forfeited, and the applicant
25must reapply and meet the requirements in effect at the time of

 

 

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1reapplication.
2    The Department may adopt rules for continuing education
3for licensed certified professional midwives licensed under
4this Act that require 20 hours of continuing education per
52-year license renewal cycle. The rules shall address
6variances in part or in whole for good cause, including
7without limitation, illness or hardship. The rules must ensure
8that licensees are given the opportunity to participate in
9programs sponsored by or through their State or national
10professional associations, hospitals, or other providers of
11continuing education. Each licensee is responsible for
12maintaining records of completion of continuing education and
13shall be prepared to produce the records when requested by the
14Department.
15    Any licensed certified professional midwife who has
16permitted his or her license to expire or who has had his or
17her license on inactive status may have the license restored
18by applying to the Department and filing proof acceptable to
19the Department of his or her fitness to have the license
20restored, and by paying the required fees. Proof of fitness
21may include sworn evidence certifying to active lawful
22practice in another jurisdiction.
23    If the licensed certified professional midwife has not
24maintained an active practice in another jurisdiction
25satisfactory to the Department, the Department shall
26determine, by an evaluation program established by rule, his

 

 

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1or her fitness for restoration of the license and shall
2establish procedures and requirements for such restoration.
3    However, any licensed certified professional midwife whose
4license expired while he or she was (1) in federal or State
5service on active duty, or (2) in training or education under
6the supervision of the United States preliminary to induction
7into the military service, may have the license restored
8without paying any lapsed renewal fees if, within 2 years
9after termination of such service, training, or education, he
10or she furnishes the Department with satisfactory evidence to
11the effect that he or she has been so engaged and that his or
12her service, training, or education has been terminated.
 
13    Section 60. Inactive status. Any licensed certified
14professional midwife who notified the Department in writing on
15forms prescribed by the Department, may elect to place his or
16her license on an inactive status and shall, subject to rules
17of the Department, be excused from payment of renewal fees
18until he or she notifies the Department in writing of his or
19her intention to restore the license.
20    Any licensed certified professional midwife requesting
21restoration from inactive status shall be required to pay the
22current renewal fee and shall be required to restore his or her
23license, as provided in Section 55.
24    Any licensed certified professional midwife whose license
25is in an inactive status shall not practice in the State.

 

 

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1    Any licensee who engages in practice while his or her
2license is lapsed or on inactive status shall be considered to
3be practicing without a license, which shall be grounds for
4discipline under Section 140.
 
5    Section 65. Informed consent.
6    (a) A licensed certified professional midwife shall, at an
7initial prenatal visit with a client, provide and disclose to
8the client orally and in writing all of the following
9information:
10        (1) the licensed certified professional midwife's
11    experience and training;
12        (2) the licensed certified professional midwife holds
13    an active CPR certification and an active neonatal
14    resuscitation provider status;
15        (3) whether the licensed certified professional
16    midwife has malpractice liability insurance coverage and
17    the coverage limits of the policy;
18        (4) a protocol for the handling of both the patient's
19    and the newborn's medical emergencies; this shall include,
20    but not be limited to, obtaining transportation to a
21    hospital particular to each client with identification of
22    the appropriate hospital, providing a verbal report of the
23    care provided to emergency services providers, and sending
24    a copy of the client records with the client at the time of
25    any transfer to a hospital, including obtaining a signed

 

 

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1    authorization to release the client's medical records to a
2    health care professional or hospital in the event of such
3    emergency transport;
4        (5) a statement informing the client that, in the
5    event of an emergency or voluntary transfer or if
6    subsequent care is required resulting from the acts or
7    omissions of the licensed certified professional midwife,
8    no liability for the acts or omissions of the licensed
9    certified professional midwife are assignable to the
10    receiving hospital, health care facility, physician,
11    nurse, emergency personnel, or other medical professional
12    rendering such care; the receiving hospital, health care
13    facility, physician, nurse, emergency medical personnel,
14    hospital, or other medical professional rendering care are
15    responsible for their own acts and omissions;
16        (6) a statement outlining the emergency equipment,
17    drugs, and personnel available to provide appropriate care
18    in the home;
19        (7) the intent to provide at least one midwife
20    assistant or student midwife during intrapartum and
21    immediate postpartum care; and
22        (8) a recommendation that the client preregister with
23    the nearest hospital and explain the benefits of
24    preregistration.
25    (b) A licensed certified professional midwife shall, at an
26initial prenatal visit with a client, provide a copy of the

 

 

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1written disclosures required under this Section to the client
2and obtain the client's signature and date of signature
3acknowledging that the client has been informed, orally and in
4writing, of the disclosures required.
 
5    Section 70. Scope of practice.
6    (a) A licensed certified professional midwife shall:
7        (1) offer each client routine prenatal care and
8    testing in accordance with current American College of
9    Obstetricians and Gynecologists guidelines;
10        (2) provide all clients with a plan for 24 hour
11    on-call availability by a licensed certified professional
12    midwife, certified nurse midwife, or licensed physician
13    throughout pregnancy, intrapartum, and 6 weeks postpartum;
14        (3) provide clients with labor support, fetal
15    monitoring, and routine assessment of vital signs once
16    active labor is established;
17        (4) supervise delivery of infant and placenta, assess
18    newborn and maternal well-being in immediate postpartum,
19    and perform an Apgar score assessment;
20        (5) perform routine cord management and inspect for an
21    appropriate number of vessels;
22        (6) inspect the placenta and membranes for
23    completeness;
24        (7) inspect the perineum and vagina postpartum for
25    lacerations and stabilize if necessary;

 

 

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1        (8) observe the childbearing individual and newborn
2    postpartum until stable condition is achieved, but in no
3    event for less than 2 hours;
4        (9) instruct the childbearing individual, spouse, and
5    other support persons, both verbally and in writing, of
6    the special care and precautions for both the childbearing
7    individual and newborn in the immediate postpartum period;
8        (10) reevaluate maternal and newborn well-being within
9    36 hours of delivery;
10        (11) notify a pediatric health care professional
11    within 72 hours after delivery;
12        (12) use universal precautions with all biohazard
13    materials;
14        (13) ensure that a birth certificate is accurately
15    completed and filed in accordance with the Department of
16    Public Health;
17        (14) offer to obtain and submit a blood sample in
18    accordance with the recommendations for metabolic
19    screening of the newborn;
20        (15) offer an injection of vitamin K for the newborn
21    in accordance with the indication, dose, and
22    administration route as authorized in subsection (b);
23        (16) within one week of delivery, offer a newborn
24    hearing screening to every newborn or refer the parents to
25    a facility with a newborn hearing screening program;
26        (17) within 2 hours of the birth, offer the

 

 

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1    administration of antibiotic ointment into the eyes of the
2    newborn, in accordance with the Infant Eye Disease Act;
3    and
4        (18) maintain adequate antenatal and perinatal records
5    of each client and provide records to consulting licensed
6    physicians and licensed certified nurse midwives, in
7    accordance with regulations promulgated under the Health
8    Insurance Portability and Accountability Act of 1996.
9    (b) A licensed certified professional midwife may obtain
10and administer the following during the practice of midwifery:
11        (1) oxygen for the treatment of fetal distress;
12        (2) eye prophylactics, either 0.5% erythromycin
13    ophthalmic ointment or 1% tetracycline ophthalmic ointment
14    for the prevention of neonatal ophthalmia;
15        (3) oxytocin, pitocin, or misoprostol as a postpartum
16    antihemorrhagic agent;
17        (4) methylergonovine or methergine for the treatment
18    of postpartum hemorrhage;
19        (5) vitamin K for the prophylaxis of hemorrhagic
20    disease of the newborn;
21        (6) Rho (D) immune globulin for the prevention of Rho
22    (D) sensitization in Rho (D) negative individuals;
23        (7) intravenous fluids for maternal stabilization,
24    including lactated Ringer's solution, or with 5% dextrose
25    unless unavailable or impractical, in which case 0.09%
26    sodium chloride may be administered;

 

 

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1        (8) administer antibiotics as prophylactic for GBS in
2    accordance with current ACOG protocols as provided by
3    Department rule;
4        (9) ibuprofen for postpartum pain relief;
5        (10) lidocaine injection as a local anesthetic for
6    perineal repair; and
7        (11) sterile water subcutaneous injections as a
8    non-pharmaceutical form of pain relief during the first
9    and second stages of labor.
10    The Department may approve by rule additional medications,
11agents, or procedures based upon updated evidence-based
12obstetrical guidelines or based upon limited availability of
13standard medications or agents.
14    (c) A licensed certified professional midwife shall plan
15for at least 2 licensed certified professional midwives or a
16licensed certified professional midwife and a midwife
17assistant or student midwife to be present at all
18out-of-hospital births.
 
19    Section 75. Consultation and referral.
20    (a) A licensed certified professional midwife shall
21consult with a licensed physician or a certified nurse midwife
22providing obstetrical care whenever there are significant
23deviations, including abnormal laboratory results, relative to
24a client's pregnancy or to a neonate. If a referral to a
25physician or certified nurse midwife is needed, the licensed

 

 

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

 

 

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1            (E) rupture of membranes prior to the 37th week
2        gestation;
3            (F) noted abnormal decrease in or cessation of
4        fetal movement;
5            (G) anemia resistant to supplemental therapy;
6            (H) fever of 102 degrees Fahrenheit or 39 degrees
7        Celsius or greater for more than 24 hours;
8            (I) non-vertex presentation after 38 weeks
9        gestation;
10            (J) hyperemesis or significant dehydration;
11            (K) isoimmunization, Rh-negative sensitized,
12        positive titers, or any other positive antibody titer,
13        which may have a detrimental effect on the
14        childbearing individual or fetus;
15            (L) elevated blood glucose levels unresponsive to
16        dietary management;
17            (M) positive HIV antibody test;
18            (N) primary genital herpes infection in pregnancy;
19            (O) symptoms of malnutrition or anorexia or
20        protracted weight loss or failure to gain weight;
21            (P) suspected deep vein thrombosis;
22            (Q) documented placental anomaly or previa;
23            (R) documented low-lying placenta in a
24        childbearing individual with history of previous
25        cesarean delivery;
26            (S) labor prior to the 37th week of gestation;

 

 

10200HB3401sam001- 24 -LRB102 14708 SPS 26604 a

1            (T) history of prior uterine incision;
2            (U) lie other than vertex at term;
3            (V) multiple gestation;
4            (W) known fetal anomalies that may be affected by
5        the site of birth;
6            (X) marked abnormal fetal heart tones;
7            (Y) abnormal non-stress test or abnormal
8        biophysical profile;
9            (Z) marked or severe polyhydramnios or
10        oligohydramnios;
11            (AA) evidence of intrauterine growth restriction;
12            (BB) significant abnormal ultrasound findings; or
13            (CC) gestation beyond 42 weeks by reliable
14        confirmed dates;
15        (2) Intrapartum:
16            (A) rise in blood pressure above baseline, more
17        than 30/15 points or greater than 140/90;
18            (B) persistent, severe headaches, epigastric pain
19        or visual disturbances;
20            (C) significant proteinuria or ketonuria;
21            (D) fever over 100.6 degrees Fahrenheit or 38
22        degrees Celsius in absence of environmental factors;
23            (E) ruptured membranes without onset of
24        established labor after 18 hours;
25            (F) significant bleeding prior to delivery or any
26        abnormal bleeding, with or without abdominal pain or

 

 

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1        evidence of placental abruption;
2            (G) lie not compatible with spontaneous vaginal
3        delivery or unstable fetal lie;
4            (H) failure to progress after 5 hours of active
5        labor or following 2 hours of active second stage
6        labor;
7            (I) signs or symptoms of maternal infection;
8            (J) active genital herpes at onset of labor;
9            (K) fetal heart tones with non-reassuring
10        patterns;
11            (L) signs or symptoms of fetal distress;
12            (M) thick meconium or frank bleeding with birth
13        not imminent; or
14            (N) client or licensed certified professional
15        midwife desires physician consultation or transfer;
16        (3) Postpartum:
17            (A) failure to void within 6 hours of birth;
18            (B) signs or symptoms of maternal shock;
19            (C) fever of 102 degrees Fahrenheit or 39 degrees
20        Celsius and unresponsive to therapy for 12 hours;
21            (D) abnormal lochia or signs or symptoms of
22        uterine sepsis;
23            (E) suspected deep vein thrombosis; or
24            (F) signs of clinically significant depression.
25    (c) A licensed certified professional midwife shall
26consult with a licensed physician or certified nurse midwife

 

 

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1with regard to any neonate who is born with or develops the
2following risk factors:
3        (1) Apgar score of 6 or less at 5 minutes without
4    significant improvement by 10 minutes;
5        (2) persistent grunting respirations or retractions;
6        (3) persistent cardiac irregularities;
7        (4) persistent central cyanosis or pallor;
8        (5) persistent lethargy or poor muscle tone;
9        (6) abnormal cry;
10        (7) birth weight less than 2,300 grams;
11        (8) jitteriness or seizures;
12        (9) jaundice occurring before 24 hours or outside of
13    normal range;
14        (10) failure to urinate within 24 hours of birth;
15        (11) failure to pass meconium within 48 hours of
16    birth;
17        (12) edema;
18        (13) prolonged temperature instability;
19        (14) significant signs or symptoms of infection;
20        (15) significant clinical evidence of glycemic
21    instability;
22        (16) abnormal, bulging, or depressed fontanel;
23        (17) significant clinical evidence of prematurity;
24        (18) medically significant congenital anomalies;
25        (19) significant or suspected birth injury;
26        (20) persistent inability to suck;

 

 

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1        (21) diminished consciousness;
2        (22) clinically significant abnormalities in vital
3    signs, muscle tone, or behavior;
4        (23) clinically significant color abnormality,
5    cyanotic, or pale or abnormal perfusion;
6        (24) abdominal distension or projectile vomiting; or
7        (25) signs of clinically significant dehydration or
8    failure to thrive.
9    (d) Consultation with a health care professional does not
10establish a formal relationship with the client. Consultation
11does not establish a formal relationship between a licensed
12certified professional midwife and another health care
13professional.
 
14    Section 80. Transfer.
15    (a) Transport via private vehicle is an acceptable method
16of transport if it is the most expedient and safest method for
17accessing medical services. The licensed certified
18professional midwife shall initiate immediate transport
19according to the licensed certified professional midwife's
20emergency plan, provide emergency stabilization until
21emergency medical services arrive or transfer is completed,
22accompany the client or follow the client to a hospital in a
23timely fashion, and provide pertinent information to the
24receiving facility and complete an emergency transport record.
25    (b) A licensed certified professional midwife must

 

 

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1establish a written protocol for the handling of both the
2patient's and newborn's medical emergencies, including
3transportation to a hospital, particular to each client, with
4identification of the appropriate hospital. A verbal report of
5the care provided must be provided to emergency services
6providers and a copy of the client records shall be sent with
7the client at the time of any transfer to a hospital, including
8obtaining a signed authorization to release the client's
9medical records to a health care professional or hospital in
10the event of such emergency.
 
11    Section 85. Prohibited practices.
12    (a) A licensed certified professional midwife may not do
13any of the following:
14        (1) administer prescription pharmacological agents
15    intended to induce or augment labor;
16        (2) administer prescription pharmacological agents to
17    provide pain management;
18        (3) use vacuum extractors or forceps;
19        (4) prescribe medications;
20        (5) provide out-of-hospital care to a childbearing
21    individual who has had a previous cesarean section;
22        (6) perform abortions or surgical procedures,
23    including, but not limited to, cesarean sections and
24    circumcisions, except for an emergency episiotomy;
25        (7) knowingly accept responsibility for prenatal or

 

 

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1    intrapartum care of a client with any of the following
2    risk factors:
3            (A) chronic significant maternal cardiac,
4        pulmonary, renal, or hepatic disease;
5            (B) malignant disease in an active phase;
6            (C) significant hematological disorders,
7        coagulopathies, or pulmonary embolism;
8            (D) insulin requiring diabetes mellitus;
9            (E) known maternal congenital abnormalities
10        affecting childbirth;
11            (F) confirmed isoimmunization, Rh disease with
12        positive titer;
13            (G) active tuberculosis;
14            (H) active syphilis or gonorrhea;
15            (I) active genital herpes infection 2 weeks prior
16        to labor or in labor;
17            (J) pelvic or uterine abnormalities affecting
18        normal vaginal births, including tumors and
19        malformations;
20            (K) alcoholism or alcohol abuse;
21            (L) drug addiction or abuse; or
22            (M) confirmed AIDS status.
23    (b) A licensed certified professional midwife shall not
24administer Schedule II through IV controlled substances.
25Subject to a prescription by a health care professional,
26Schedule V controlled substances may be administered by

 

 

10200HB3401sam001- 30 -LRB102 14708 SPS 26604 a

1licensed certified professional midwives.
 
2    Section 90. Annual Reports.
3    (a) A licensed certified professional midwife shall
4annually report to the Department of Public Health, by no
5later than March 31 of each year, in a manner specified by the
6Department of Public Health, the following information
7regarding cases in which the licensed certified professional
8midwife assisted during the previous calendar year when the
9intended place of birth at the onset of care was an
10out-of-hospital setting:
11        (1) the total number of patients served at the onset
12    of care;
13        (2) the number, by county, of live births attended;
14        (3) the number, by county, of cases of fetal demise,
15    infant deaths, and maternal deaths attended at the
16    discovery of the demise or death;
17        (4) the number of women whose care was transferred to
18    another health care professional during the antepartum
19    period and the reason for transfer;
20        (5) the number, reason for, and outcome of each
21    nonemergency hospital transfer during the intrapartum or
22    postpartum period;
23        (6) the number, reason for, and outcome of each urgent
24    or emergency transport of an expectant childbearing
25    individual in the antepartum period;

 

 

10200HB3401sam001- 31 -LRB102 14708 SPS 26604 a

1        (7) the number, reason for, and outcome of each urgent
2    or emergency transport of an infant or childbearing
3    individual during the intrapartum or immediate postpartum
4    period;
5        (8) the number of planned out-of-hospital births at
6    the onset of labor and the number of births completed in an
7    out-of-hospital setting;
8        (9) a brief description of any complications resulting
9    in the morbidity or mortality of a childbearing individual
10    or a neonate; and
11        (10) any other information required by rule by the
12    Department of Public Health.
13    (b) The Board shall maintain the confidentiality of any
14report under subsection (d).
15    (c) Notwithstanding any other provision of law, a licensed
16certified professional midwife shall be subject to the same
17reporting requirements as other health care professionals who
18provide care to individuals.
19    (d) Reports are confidential under Section 180 of this
20Act.
 
21    Section 95. Vicarious liability.
22    (a) Consultation with a physician or advanced practice
23registered nurse does not alone create a physician-patient or
24advanced practice registered nurse-patient relationship or any
25other relationship with the physician or advanced practice

 

 

10200HB3401sam001- 32 -LRB102 14708 SPS 26604 a

1registered nurse. The informed consent shall specifically
2state that the licensed certified professional midwife and any
3consulting physician or advanced practice registered nurse are
4not employees, partners, associates, agents, or principals of
5one another. The licensed certified professional midwife shall
6inform the patient that he or she is independently licensed
7and practicing midwifery and in that regard is solely
8responsible for the services he or she provides.
9    (b) Nothing in this Act is intended to expand or limit the
10malpractice liability of physicians, advanced practice
11registered nurses, licensed certified professional midwives,
12or other health care professionals, hospitals, or other health
13care institutions beyond the limits existing in current
14Illinois statutory and common law; however, no physician,
15nurse, emergency medical personnel, hospital, or other health
16care institution shall be liable for any act or omission
17resulting from the provision of services by any licensed
18certified professional midwife, even if the physician, nurse,
19emergency medical personnel, hospital, or other health care
20institution has consulted with or accepted a referral from the
21licensed certified professional midwife. The physician, nurse,
22licensed certified professional midwife, emergency medical
23personnel, hospital, or other health care institution
24providing care are responsible for their own acts and
25omissions.
 

 

 

10200HB3401sam001- 33 -LRB102 14708 SPS 26604 a

1    Section 100. Grounds for disciplinary action.
2    (a) The Department may refuse to issue or to renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action with regard to any
5license issued under this Act as the Department may deem
6proper, including the issuance of fines not to exceed $10,000
7for each violation, for any one or combination of the
8following causes:
9        (1) Material misstatement in furnishing information to
10    the Department.
11        (2) Violations of this Act, or the rules adopted under
12    this Act.
13        (3) Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment or
15    sentencing, including, but not limited to, convictions,
16    preceding sentences of supervision, conditional discharge,
17    or first offender probation, under the laws of any
18    jurisdiction of the United States that is: (i) a felony;
19    or (ii) a misdemeanor, an essential element of which is
20    dishonesty, or that is directly related to the practice of
21    the profession.
22        (4) Making any misrepresentation for the purpose of
23    obtaining licenses.
24        (5) Professional incompetence.
25        (6) Aiding or assisting another person in violating
26    any provision of this Act or its rules.

 

 

10200HB3401sam001- 34 -LRB102 14708 SPS 26604 a

1        (7) Failing, within 60 days, to provide information in
2    response to a written request made by the Department.
3        (8) Engaging in dishonorable, unethical, or
4    unprofessional conduct, as defined by rule, of a character
5    likely to deceive, defraud, or harm the public.
6        (9) Habitual or excessive use or addiction to alcohol,
7    narcotics, stimulants, or any other chemical agent or drug
8    that results in a midwife's inability to practice with
9    reasonable judgment, skill, or safety.
10        (10) Discipline by another U.S. jurisdiction or
11    foreign nation, if at least one of the grounds for
12    discipline is the same or substantially equivalent to
13    those set forth in this Section.
14        (11) Directly or indirectly giving to or receiving
15    from any person, firm, corporation, partnership, or
16    association any fee, commission, rebate or other form of
17    compensation for any professional services not actually or
18    personally rendered. Nothing in this paragraph affects any
19    bona fide independent contractor or employment
20    arrangements, including provisions for compensation,
21    health insurance, pension, or other employment benefits,
22    with persons or entities authorized under this Act for the
23    provision of services within the scope of the licensee's
24    practice under this Act.
25        (12) A finding by the Department that the licensee,
26    after having his or her license placed on probationary

 

 

10200HB3401sam001- 35 -LRB102 14708 SPS 26604 a

1    status, has violated the terms of probation.
2        (13) Abandonment of a patient.
3        (14) Willfully making or filing false records or
4    reports in his or her practice, including, but not limited
5    to, false records filed with state agencies or
6    departments.
7        (15) Willfully failing to report an instance of
8    suspected child abuse or neglect as required by the Abused
9    and Neglected Child Reporting Act.
10        (16) Physical illness, or mental illness or impairment
11    that results in the inability to practice the profession
12    with reasonable judgment, skill, or safety, including, but
13    not limited to, deterioration through the aging process or
14    loss of motor skill.
15        (17) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (18) Gross negligence resulting in permanent injury or
23    death of a patient.
24        (19) Employment of fraud, deception, or any unlawful
25    means in applying for or securing a license as a licensed
26    certified profession midwife.

 

 

10200HB3401sam001- 36 -LRB102 14708 SPS 26604 a

1        (21) Immoral conduct in the commission of any act,
2    including sexual abuse, sexual misconduct, or sexual
3    exploitation related to the licensee's practice.
4        (22) Violation of the Health Care Worker Self-Referral
5    Act.
6        (23) Practicing under a false or assumed name, except
7    as provided by law.
8        (24) Making a false or misleading statement regarding
9    his or her skill or the efficacy or value of the medicine,
10    treatment, or remedy prescribed by him or her in the
11    course of treatment.
12        (25) Allowing another person to use his or her license
13    to practice.
14        (26) Prescribing, selling, administering,
15    distributing, giving, or self-administering a drug
16    classified as a controlled substance for purposes other
17    than medically-accepted therapeutic purposes.
18        (27) Promotion of the sale of drugs, devices,
19    appliances, or goods provided for a patient in a manner to
20    exploit the patient for financial gain.
21        (28) A pattern of practice or other behavior that
22    demonstrates incapacity or incompetence to practice under
23    this Act.
24        (29) Violating State or federal laws, rules, or
25    regulations relating to controlled substances or other
26    legend drugs or ephedra as defined in the Ephedra

 

 

10200HB3401sam001- 37 -LRB102 14708 SPS 26604 a

1    Prohibition Act.
2        (30) Failure to establish and maintain records of
3    patient care and treatment as required by law.
4        (31) Attempting to subvert or cheat on the examination
5    of the North American Registry of Midwives or its
6    successor agency.
7        (32) Willfully or negligently violating the
8    confidentiality between licensed certified profession
9    midwives and patient, except as required by law.
10        (33) Willfully failing to report an instance of
11    suspected abuse, neglect, financial exploitation, or
12    self-neglect of an eligible adult as defined in and
13    required by the Adult Protective Services Act.
14        (34) Being named as an abuser in a verified report by
15    the Department on Aging under the Adult Protective
16    Services Act and upon proof by clear and convincing
17    evidence that the licensee abused, neglected, or
18    financially exploited an eligible adult as defined in the
19    Adult Protective Services Act.
20        (35) Failure to report to the Department an adverse
21    final action taken against him or her by another licensing
22    jurisdiction of the United States or a foreign state or
23    country, a peer review body, a health care institution, a
24    professional society or association, a governmental
25    agency, a law enforcement agency, or a court.
26        (36) Failure to provide copies of records of patient

 

 

10200HB3401sam001- 38 -LRB102 14708 SPS 26604 a

1    care or treatment, except as required by law.
2        (37) Failure of a licensee to report to the Department
3    surrender by the licensee of a license or authorization to
4    practice in another state or jurisdiction or current
5    surrender by the licensee of membership professional
6    association or society while under disciplinary
7    investigation by any of those authorities or bodies for
8    acts or conduct similar to acts or conduct that would
9    constitute grounds for action under this Section.
10        (38) Failing, within 90 days, to provide a response to
11    a request for information in response to a written request
12    made by the Department by certified or registered mail or
13    by email to the email address of record.
14        (39) Failure to supervise a midwife assistant or
15    student midwife including, but not limited to, allowing a
16    midwife assistant or student midwife to exceed their
17    scope.
18        (40) Failure to adequately inform a patient about
19    their malpractice liability insurance coverage and the
20    policy limits of the coverage.
21        (41) Failure to submit an annual report to Department
22    of Public Health.
23        (42) Failure to disclose active cardiopulmonary
24    resuscitation certification or neonatal resuscitation
25    provider status to clients.
26        (43) Engaging in one of the prohibited practices

 

 

10200HB3401sam001- 39 -LRB102 14708 SPS 26604 a

1    provided for in Section 85 of this Act.
2    (b) The Department may, without a hearing, refuse to issue
3or renew or may suspend the license of any person who fails to
4file a return, or to pay the tax, penalty, or interest shown in
5a filed return, or to pay any final assessment of the tax,
6penalty, or interest as required by any tax Act administered
7by the Department of Revenue, until the requirements of any
8such tax Act are satisfied.
9    (c) The determination by a circuit court that a licensee
10is subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code operates as an automatic suspension. The suspension will
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and issues an order so finding and discharging the patient,
16and upon the recommendation of the Board to the Secretary that
17the licensee be allowed to resume his or her practice.
18    (d) In enforcing this Section, the Department, upon a
19showing of a possible violation, may compel an individual
20licensed to practice under this Act, or who has applied for
21licensure under this Act, to submit to a mental or physical
22examination, or both, including a substance abuse or sexual
23offender evaluation, as required by and at the expense of the
24Department.
25    The Department shall specifically designate the examining
26physician licensed to practice medicine in all of its branches

 

 

10200HB3401sam001- 40 -LRB102 14708 SPS 26604 a

1or, if applicable, the multidisciplinary team involved in
2providing the mental or physical examination or both. The
3multidisciplinary team shall be led by a physician licensed to
4practice medicine in all of its branches and may consist of one
5or more or a combination of physicians licensed to practice
6medicine in all of its branches, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff. Any examining physician or member of the
10multidisciplinary team may require any person ordered to
11submit to an examination pursuant to this Section to submit to
12any additional supplemental testing deemed necessary to
13complete any examination or evaluation process, including, but
14not limited to, blood testing, urinalysis, psychological
15testing, or neuropsychological testing.
16    The Department may order the examining physician or any
17member of the multidisciplinary team to provide to the
18Department any and all records, including business records,
19that relate to the examination and evaluation, including any
20supplemental testing performed.
21    The Department may order the examining physician or any
22member of the multidisciplinary team to present testimony
23concerning the mental or physical examination of the licensee
24or applicant. No information, report, record, or other
25documents in any way related to the examination shall be
26excluded by reason of any common law or statutory privilege

 

 

10200HB3401sam001- 41 -LRB102 14708 SPS 26604 a

1relating to communications between the licensee or applicant
2and the examining physician or any member of the
3multidisciplinary team. No authorization is necessary from the
4licensee or applicant ordered to undergo an examination for
5the examining physician or any member of the multidisciplinary
6team to provide information, reports, records, or other
7documents or to provide any testimony regarding the
8examination and evaluation.
9    The individual to be examined may have, at his or her own
10expense, another physician of his or her choice present during
11all aspects of this examination. However, that physician shall
12be present only to observe and may not interfere in any way
13with the examination.
14    Failure of an individual to submit to a mental or physical
15examination, when ordered, shall result in an automatic
16suspension of his or her license until the individual submits
17to the examination.
18    If the Department finds an individual unable to practice
19because of the reasons set forth in this Section, the
20Department may require that individual to submit to care,
21counseling, or treatment by physicians approved or designated
22by the Department, as a condition, term, or restriction for
23continued, reinstated, or renewed licensure to practice; or,
24in lieu of care, counseling, or treatment, the Department may
25file a complaint to immediately suspend, revoke, or otherwise
26discipline the license of the individual. An individual whose

 

 

10200HB3401sam001- 42 -LRB102 14708 SPS 26604 a

1license was granted, continued, reinstated, renewed,
2disciplined, or supervised subject to such terms, conditions,
3or restrictions, and who fails to comply with such terms,
4conditions, or restrictions, shall be referred to the
5Secretary for a determination as to whether the individual
6shall have his or her license suspended immediately, pending a
7hearing by the Department.
8    In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that
10person's license must be convened by the Department within 30
11days after the suspension and completed without appreciable
12delay. The Department shall have the authority to review the
13subject individual's record of treatment and counseling
14regarding the impairment to the extent permitted by applicable
15federal statutes and regulations safeguarding the
16confidentiality of medical records.
17    An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate
19to the Department that he or she can resume practice in
20compliance with acceptable and prevailing standards under the
21provisions of his or her license.
 
22    Section 105. Suspension of license for failure to pay
23restitution. The Department, without further process or
24hearing, shall suspend the license or other authorization to
25practice of any person issued under this Act who has been

 

 

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1certified by court order as not having paid restitution to a
2person under Section 8A-3.5 of the Illinois Public Aid Code or
3under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
4the Criminal Code of 2012. A person whose license or other
5authorization to practice is suspended under this Section is
6prohibited from practicing until the restitution is made in
7full.
 
8    Section 110. Restoration of license. At any time after the
9successful completion of a term of probation, suspension, or
10revocation of any license, the Department may restore it to
11the licensee, unless after an investigation and a hearing, the
12Department determines that restoration is not in the public
13interest. Where circumstances of suspension or revocation so
14indicate, the Department may require an examination of the
15licensee prior to restoring his or her license. No person
16whose license has been revoked as authorized in this Act may
17apply for restoration of that license until provided for in
18the Civil Administrative Code of Illinois.
19    A license that has been suspended or revoked shall be
20considered nonrenewed for purposes of restoration and a person
21restoring his or her license from suspension or revocation
22must comply with the requirements for restoration of a
23nonrenewed license as set forth in Section 20 and any related
24rules adopted.
 

 

 

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1    Section 115. Surrender of license. Upon the revocation or
2suspension of any license, the licensee shall immediately
3surrender the license to the Department. If the licensee fails
4to do so, the Department shall have the right to seize the
5license.
 
6    Section 120. Temporary suspension of license. The
7Secretary may temporarily suspend the license of a certified
8professional midwife without a hearing, simultaneously with
9the institution of proceedings for a hearing provided for in
10Section 125, if the Secretary finds that evidence in his or her
11possession indicates that continuation in practice would
12constitute an imminent danger to the public. If the Secretary
13suspends, temporarily, the license without a hearing, a
14hearing by the Department must be held within 30 days after
15such suspension has occurred, and concluded without
16appreciable delay.
 
17    Section 125. Rehearing. If the Secretary is satisfied that
18substantial justice has not been done in the revocation,
19suspension, or refusal to issue or renew a license, the
20Secretary may order a rehearing by the same or another hearing
21officer or Board.
 
22    Section 130. Administrative review; certification of
23record.

 

 

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1    (a) All final administrative decisions of the Department
2are subject to judicial review pursuant to the provisions of
3the Administrative Review Law, and all rules adopted pursuant
4thereto. "Administrative decision" has the same meaning as
5used in Section 3-101 of the Code of Civil Procedure.
6    (b) Proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review resides, but if the party is not a resident of this
9State, venue shall be in Sangamon County.
10    (c) The Department shall not be required to certify any
11record to the court, to file an answer in court, or to
12otherwise appear in any court in a judicial review proceeding
13unless and until the Department has received from the
14plaintiff payment of the costs of furnishing and certifying
15the record, which costs shall be determined by the Department.
16Exhibits shall be certified without cost. Failure on the part
17of the plaintiff to file a receipt in court is grounds for
18dismissal of the action. During the pendency and hearing of
19any and all judicial proceedings incident to the disciplinary
20action, the sanctions imposed upon the accused by the
21Department because of acts or omissions related to the
22delivery of direct patient care as specified in the
23Department's final administrative decision, shall, as a matter
24of public policy, remain in full force and effect in order to
25protect the public pending final resolution of any of the
26proceedings.
 

 

 

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1    Section 135. Injunction.
2    (a) If any person violates any provision of this Act, the
3Secretary may, in the name of the People of the State of
4Illinois, through the Attorney General, or the State's
5Attorney of any county in which the action is brought,
6petition for an order enjoining the violation or for an order
7enforcing compliance with this Act. Upon the filing of a
8verified petition in court, the court may issue a temporary
9restraining order, without notice or bond, and may
10preliminarily and permanently enjoin such violation, and if it
11is established that such person has violated or is violating
12the injunction, the Court may punish the offender for contempt
13of court. Proceedings under this Section shall be in addition
14to, and not in lieu of, all other remedies and penalties
15provided by this Act.
16    (b) If any person shall practice as a certified
17professional midwife or hold himself or herself out as a
18licensed certified professional midwife without being licensed
19under the provisions of this Act, then any licensed certified
20professional midwife, any interested party, or any person
21injured thereby may, in addition to the Secretary, petition
22for relief as provided in subsection (a).
23    (c) If, in the opinion of the Department, any person
24violates any provision of this Act, the Department may issue a
25rule to show cause why an order to cease and desist should not

 

 

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1be entered against him or her. The rule shall clearly set forth
2the grounds relied upon by the Department and shall provide a
3period of 7 days from the date of the rule to file an answer to
4the satisfaction of the Department. Failure to answer to the
5satisfaction of the Department shall cause an order to cease
6and desist to be issued forthwith.
 
7    Section 140. Investigation; notice; hearing. The
8Department may investigate the actions of any applicant or of
9any person or persons holding or claiming to hold a license
10under this Act. The Department shall, before suspending,
11revoking, placing on probationary status, or taking any other
12disciplinary action as the Department may deem proper with
13regard to any license, at least 30 days prior to the date set
14for the hearing, notify the applicant or licensee in writing
15of any charges made and the time and place for a hearing of the
16charges, direct him or her to file his or her written answer
17under oath within 20 days after the service and inform the
18applicant or licensee that failure to answer will result in a
19default being entered against the applicant or licensee. As a
20result of the default, such may be suspended, revoked, placed
21on probationary status, or have other disciplinary action,
22including limiting the scope, nature or extent of his or her
23practice, as the Department may deem proper taken with regard
24thereto. Written or electronic notice may be served by
25personal delivery, email, or mail to the applicant or licensee

 

 

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1at his or her address of record or email address of record. At
2the time and place fixed in the notice, the Department shall
3proceed to hear the charges and the parties or their counsel
4shall be accorded ample opportunity to present such
5statements, testimony, evidence, and argument as may be
6pertinent to the charges or to the defense thereto. The
7Department may continue such hearing from time to time. In
8case the applicant or licensee, after receiving notice, fails
9to file an answer, his or her license may in the discretion of
10the Secretary, having received first the recommendation of the
11Board, be suspended, revoked, placed on probationary status,
12or the Secretary may take whatever disciplinary action as he
13or she may deem proper, including limiting the scope, nature,
14or extent of such person's practice, without a hearing, if the
15act or acts charged constitute sufficient grounds for such
16action under this Act.
 
17    Section 145. Hearing report. At the conclusion of the
18hearing, the Board shall present to the Secretary a written
19report of its findings of fact, conclusions of law, and
20recommendations. The report shall contain a finding of whether
21the accused person violated this Act or failed to comply with
22the conditions required in this Act. The Board shall specify
23the nature of the violation or failure to comply, and shall
24make its recommendations to the Secretary.
25    The report of findings of fact, conclusions of law, and

 

 

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1recommendation of the Board shall be the basis for the
2Department's order or refusal or for the granting of a license
3or permit. The finding is not admissible in evidence against
4the person in a criminal prosecution brought for the violation
5of this Act, but the hearing and finding are not a bar to a
6criminal prosecution brought for the violation of this Act.
 
7    Section 150. Hearing officer. Notwithstanding the
8provisions of Section 140, the Secretary shall have the
9authority to appoint any attorney duly licensed to practice
10law in this State to serve as the hearing officer in any action
11for refusal to issue or renew, or for discipline of, a license.
12The hearing officer shall have full authority to conduct the
13hearing. The hearing officer shall report his or her findings
14of fact, conclusions of law, and recommendations to the Board
15and the Secretary. The Board shall have 60 days after receipt
16of the report to review the report of the hearing officer and
17present their findings of fact, conclusions of law, and
18recommendations to the Secretary. If the Secretary disagrees
19in any regard with the report of the Board or hearing officer,
20he or she may issue an order in contravention thereof.
 
21    Section 155. Motion for rehearing.    In any case
22involving the refusal to issue, renew, or discipline of a
23license, a copy of the Board's report shall be served upon the
24respondent by the Department, either personally or as provided

 

 

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1in this Act for the service of the notice of hearing. Within 20
2days after such service, the respondent may present to the
3Department a motion in writing for a rehearing, which motion
4shall specify the particular grounds therefor. If no motion
5for rehearing is filed, then upon the expiration of the time
6specified for filing such a motion, or if a motion for
7rehearing is denied, then upon such denial the Secretary may
8enter an order in accordance with recommendations of the Board
9except as provided in Section 145 or 150. If the respondent
10shall order from the reporting service, and pay for a
11transcript of the record within the time for filing a motion
12for rehearing, the 20-day period within which such a motion
13may be filed shall commence upon the delivery of the
14transcript to the respondent.
 
15    Section 160. Certification of records by Department. The
16Department shall not be required to certify any record to the
17court or file any answer in court or otherwise appear in any
18court in a judicial review proceeding, unless there is filed
19in the court, with the complaint, a receipt from the
20Department acknowledging payment of the costs of furnishing
21and certifying the record. Failure on the part of the
22plaintiff to file a receipt in court shall be grounds for
23dismissal of the action.
 
24    Section 165. Violation. Any person who is found to have

 

 

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1knowingly violated any provision of this Act is guilty of a
2Class A misdemeanor. On conviction of a second or subsequent
3offense the violator shall be guilty of a Class 4 felony.
 
4    Section 170. Fees.
5    (a) Fees collected for the administration of this Act
6shall be set by the Department by rule. All fees are
7nonrefundable.
8    (b) All moneys collected under this Act by the Department
9shall be deposited in the General Professions Dedicated Fund.
 
10    Section 175. Returned checks; fines. Any person who
11delivers a check or other payment to the Department that is
12returned to the Department unpaid by the financial institution
13upon which it is drawn shall pay to the Department, in addition
14to the amount already owed to the Department, a fine of $50.
15The fines imposed by this Section are in addition to any other
16discipline provided under this Act for unlicensed practice or
17practice on a nonrenewed license. The Department shall notify
18the person that payment of fees and fines shall be paid to the
19Department by certified check or money order within 30
20calendar days of the notification. If, after the expiration of
2130 days from the date of the notification, the person has
22failed to submit the necessary remittance, the Department
23shall automatically terminate the license or certificate or
24deny the application, without hearing. If, after termination

 

 

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1or denial, the person seeks a license or certificate, he or she
2shall apply to the Department for restoration or issuance of
3the license or certificate and pay all fees and fines due to
4the Department. The Department may establish a fee for the
5processing of an application for restoration of a license or
6certificate to pay all expenses of processing this
7application. The Secretary may waive the fines due under this
8Section in individual cases where the Secretary finds that the
9fines would be unreasonable or unnecessarily burdensome.
 
10    Section 180. Confidentiality. All information collected by
11the Department in the course of an examination or
12investigation of a licensee or applicant, including, but not
13limited to, any complaint against a licensee filed with the
14Department and information collected to investigate any such
15complaint, shall be maintained for the confidential use of the
16Department and shall not be disclosed. The Department shall
17not disclose the information to anyone other than law
18enforcement officials, regulatory agencies that have an
19appropriate regulatory interest as determined by the
20Secretary, or a party presenting a lawful subpoena to the
21Department. Information and documents disclosed to a federal,
22State, county, or local law enforcement agency shall not be
23disclosed by the agency for any purpose to any other agency or
24person. A formal complaint filed against a licensee by the
25Department or any order issued by the Department against a

 

 

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1licensee or applicant shall be a public record, except as
2otherwise prohibited by law.
 
3    Section 185. The Regulatory Sunset Act is amended by
4changing Section 4.37 as follows:
 
5    (5 ILCS 80/4.37)
6    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
7The following are repealed on January 1, 2027:
8    The Clinical Psychologist Licensing Act.
9    The Illinois Optometric Practice Act of 1987.
10    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
11XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
12    The Boiler and Pressure Vessel Repairer Regulation Act.
13    The Marriage and Family Therapy Licensing Act.
14    The Licensed Certified Professional Midwife Practice Act.
15(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1699-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
178-18-17; 100-372, eff. 8-25-17.)
 
18    Section 999. Effective date. This Act takes effect on
19January 1, 2022.".