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Public Act 102-0683 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Licensed Certified Professional Midwife Practice Act. | ||||
Section 5. Purpose. The practice of midwifery in | ||||
out-of-hospital settings is hereby declared to affect the | ||||
public health, safety, and welfare and to be subject to | ||||
regulation in the public interest. The purpose of the Act is to | ||||
protect and benefit the public by setting standards for the | ||||
qualifications, education, training, and experience of those | ||||
who seek to obtain licensure as a licensed certified | ||||
professional midwife, including requirements to work in | ||||
consultation with hospital based and privileged health care | ||||
professionals to promote high standards of professional | ||||
performance for those licensed to practice midwifery in | ||||
out-of-hospital settings in this State, to promote a | ||||
consultative and integrated maternity care delivery system in | ||||
Illinois with agreed-upon consulting, transfer, and transport | ||||
protocols in use by all health care professionals and licensed | ||||
certified professional midwives across all health care | ||||
settings to maximize client safety and positive outcomes, to | ||||
support accredited education and training as a prerequisite to |
licensure, and to protect the public. | ||
Section 10. Definitions. As used in this Act: | ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's application file or the | ||
licensee's licensure file as maintained by the Department. | ||
"Antepartum" means before labor or childbirth. | ||
"Board" means the Illinois Midwifery Board. | ||
"Certified nurse midwife" means an individual licensed | ||
under the Nurse Practice Act as an advanced practice | ||
registered nurse and is certified as a nurse midwife. | ||
"Client" means a childbearing individual or newborn for | ||
whom a licensed certified professional midwife provides | ||
services. | ||
"Consultation" means the process by which a licensed | ||
certified professional midwife seeks the advice or opinion of | ||
another health care professional. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Email address of record" means the designated email | ||
address of record by the Department in the applicant's | ||
application file or the licensee's licensure file as | ||
maintained by the Department. | ||
"Health care professional" means an advanced practice | ||
registered nurse or a physician licensed to practice medicine | ||
in all of its branches. |
"Intrapartum" means during labor and delivery or | ||
childbirth. | ||
"Licensed certified professional midwife" means a person | ||
who has successfully met the requirements under Section 45 of | ||
this Act. | ||
"Low-risk" means a low-risk pregnancy where there is an | ||
absence of any preexisting maternal disease, significant | ||
disease arising from the pregnancy, or any condition likely to | ||
affect the pregnancy, including, but not limited to, those | ||
listed in Section 85. | ||
"Midwife assistant" means a person, at least 18 years of | ||
age, who performs basic administrative, clerical, and | ||
supportive services under the supervision of a certified | ||
professional midwife, is educated to provide both basic and | ||
emergency care to newborns and mothers during labor, delivery, | ||
and immediately postpartum, and who maintains Neonatal | ||
Resuscitation Program provider status and cardiopulmonary | ||
resuscitation certification. | ||
"Midwifery bridge certificate" means a certificate issued | ||
by the North American Registry of midwives that documents | ||
completion of accredited continuing education for certified | ||
professional midwives based upon identified areas to address | ||
education in emergency skills and other competencies set by | ||
the international confederation of midwives. | ||
"Midwifery Education and Accreditation Council" or "MEAC" | ||
means the nationally recognized accrediting agency, or its |
successor, that establishes standards for the education of | ||
direct-entry midwives in the United States. | ||
"National Association of Certified Professional Midwives" | ||
or "NACPM" means the professional organization, or its | ||
successor, that promotes the growth and development of the | ||
profession of certified professional midwives. | ||
"North American Registry of Midwives" or "NARM" means the | ||
accredited international agency, or its successor | ||
organization, that has established and has continued to | ||
administer certification for the credentialing of certified | ||
professional midwives, including the administration of a | ||
national competency examination. | ||
"Onset of care" means the initial prenatal visit upon an | ||
agreement between a licensed certified professional midwife | ||
and client to establish a midwife-client relationship, during | ||
which the licensed certified professional midwife may take a | ||
client's medical history, complete an exam, establish a | ||
client's record, or perform other services related to | ||
establishing care. "Onset of care" does not include an initial | ||
interview where information about the licensed certified | ||
professional midwife's practice is shared but no | ||
midwife-client relationship is established. | ||
"Pediatric health care professional" means a licensed | ||
physician specializing in the care of children, a family | ||
practice physician, or an advanced practice registered nurse | ||
licensed under the Nurse Practice Act and certified as a |
Pediatric Nurse Practitioner or Family Nurse Practitioner. | ||
"Physician" means a physician licensed under the Medical | ||
Practice Act of 1987 to practice medicine in all of its | ||
branches. | ||
"Postpartum period" means the first 6 weeks after | ||
delivery. | ||
"Practice of midwifery" means providing the necessary | ||
supervision, care, and advice to a client during a low-risk | ||
pregnancy, labor, and the postpartum period, including the | ||
intended low-risk delivery of a child, and providing normal | ||
newborn care. "Practice of midwifery" does not include the | ||
practice of medicine or nursing. | ||
"Qualified midwife preceptor" means a licensed and | ||
experienced midwife or other health professional licensed in | ||
the State who participated in the clinical education of | ||
individuals enrolled in a midwifery education institution, | ||
program, or pathway accredited by the midwifery education | ||
accreditation council who meet the criteria for midwife | ||
preceptors by NARM or its successor organization. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Supportive services" means simple routine medical tasks | ||
and procedures for which the midwife assistant or student | ||
midwife is appropriately trained. | ||
Section 15. Address of record; email address of record. |
All applicants and licensees shall: | ||
(1) provide a valid address and email address to the | ||
Department, which shall serve as the address of record and | ||
email address of record, respectively, at the time of | ||
application for licensure or renewal of licensure; and | ||
(2) inform the Department of any change of address of | ||
record or email address of record within 14 days after | ||
such change either through the Department's website or by | ||
contacting the Department.
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Section 20. Social security number on license application. | ||
In addition to any other information required to be contained | ||
in an application for licensure under this Act, every | ||
application for an original license under this Act shall | ||
include the applicant's social security number, which shall be | ||
retained in the agency's records pertaining to the license. | ||
For applicants without a social security number, an individual | ||
taxpayer identification number shall be provided instead of a | ||
social security number. As soon as practical, the Department | ||
shall assign a customer's identification number to each | ||
applicant for a license. Every application for a renewal or | ||
restored license shall require the applicant's customer | ||
identification number. | ||
Section 25. Exemptions. | ||
(a) This Act does not prohibit a person licensed under any |
other Act in this State from engaging in the practice for which | ||
he or she is licensed or from delegating services as provided | ||
for under the Act. | ||
(b) Nothing in this Act shall be construed to prohibit or | ||
require licensing under this Act with regard to: | ||
(1) a traditional birth attendant practicing midwifery | ||
without a license if the traditional birth attendant has | ||
cultural, indigenous, or religious traditions that have | ||
historically included the attendance of traditional birth | ||
attendants at births and that birth attendant serves only | ||
the women and families in that distinct cultural, | ||
indigenous, or religious group; | ||
(2) a student midwife practicing midwifery as part of | ||
his or her course of study in an accredited midwife | ||
institution, program, or pathway under the direction and | ||
supervision of a qualified midwife preceptor; and | ||
(3) a midwife assistant performing within the scope of | ||
his or her responsibilities and duties as defined by rule | ||
under the supervision of a licensed certified professional | ||
midwife. | ||
(c) Nothing in this Act prevents a licensed certified | ||
professional midwife from assisting a health care | ||
professional, practicing within his or her scope of practice | ||
while providing antepartum, intrapartum, or postpartum care. | ||
(d) Nothing in this Act abridges, limits, or changes in | ||
any way the rights of parents to deliver their baby where, |
when, how, and with whom they choose, regardless of licensure | ||
under this Act. | ||
Section 30. Illinois Midwifery Board. | ||
(a) There is created under the authority of the Department | ||
the Illinois Midwifery Board, which shall consist of 9 members | ||
appointed by the Secretary: 5 of whom shall be licensed | ||
certified professional midwives, with initial appointees | ||
having at least 3 years of experience in the practice of | ||
midwifery in an out-of-hospital setting, be certified by the | ||
North American Registry of Midwives, and meet the | ||
qualifications for licensure set forth in this Act; one of | ||
whom shall be an Illinois licensed physician who specializes | ||
in obstetrics; one of whom shall be a certified
nurse midwife | ||
who provides home birth services; one of whom shall be a | ||
pediatric health care professional; and one of whom shall be a | ||
public member. Board members shall serve 4-year terms, except | ||
that in the case of initial appointments, terms shall be | ||
staggered as follows: 4 members shall serve for 4 years, 3 | ||
members shall serve for 3 years, and 2 members shall serve for | ||
2 years. The Board shall annually elect a chairperson and vice | ||
chairperson. All board members must be residents of this | ||
State. All board members, except for the public member, must | ||
be licensed in good standing and, at the time of appointment, | ||
actively engaged in their respective professions. | ||
(b) Any appointment made to fill a vacancy shall be for the |
unexpired portion of the term. Appointments to fill vacancies | ||
shall be made in the same manner as original appointments. No | ||
Board member may be reappointed for a term that would cause his | ||
or her continuous service on the Board to exceed 10 years. | ||
(c) Board membership must have a reasonable representation | ||
from different geographic areas of this State, if possible. | ||
(d) The Secretary may solicit board recommendations from | ||
midwifery organizations. | ||
(e) The members of the Board may be reimbursed for all | ||
legitimate, necessary, and authorized expenses incurred in | ||
attending the meetings of the Board. | ||
(f) The Secretary may remove any member of the Board for | ||
misconduct, incapacity, or neglect of duty at any time prior | ||
to the expiration of his or her term. | ||
(g) Five Board members shall constitute a quorum. A | ||
vacancy in the membership of the Board shall not impair the | ||
right of a quorum to perform all of the duties of the Board. | ||
(h) The Board may provide the Department with | ||
recommendations concerning the administration of this Act and | ||
may perform each of the following duties:
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(1) Recommend to the Department the prescription and, | ||
from time to time, the revision of any rules that may be | ||
necessary to carry out the provisions of this Act, | ||
including those that are designed to protect the health, | ||
safety, and welfare of the public. | ||
(2) Recommend changes to the medication formulary list |
as standards and drug availability change. | ||
(3) Participate in disciplinary conferences and | ||
hearings. | ||
(4) Make recommendations to the Department regarding | ||
disciplinary action taken against a licensee as provided | ||
under this Act. | ||
(5) Recommend the approval, denial of approval, and | ||
withdrawal of approval of required education and | ||
continuing educational programs. | ||
(i) Members of the Board shall be immune from suit in an | ||
action based upon a disciplinary proceeding or other activity | ||
performed in good faith as a member of the Board, except for | ||
willful or wanton misconduct. | ||
Section 35. Powers and duties of the Department; rules. | ||
(a) The Department shall exercise the powers and duties | ||
prescribed by the Civil Administrative Code of Illinois for | ||
the administration of licensing Acts and shall exercise such | ||
other powers and duties necessary for effectuating the | ||
purposes of this Act. | ||
(b) The Secretary shall adopt rules consistent with the | ||
provisions of this Act for the administration and enforcement | ||
of this Act and for the payment of fees connected to this Act | ||
and may prescribe forms that shall be issued in connection | ||
with this Act. |
Section 40. Use of title. No person may use the title | ||
"licensed midwife", describe or imply that he or she is a | ||
licensed midwife, or represent himself or herself as a | ||
licensed midwife unless the person is granted a license under | ||
this Act or is licensed as an advanced practice registered | ||
nurse with certification as a nurse midwife. | ||
Section 45. Licensure. | ||
(a) Each applicant who successfully meets the requirements | ||
of this Section is eligible for licensure as a certified | ||
professional midwife if the applicant: | ||
(1) submits forms prescribed by the Department and | ||
accompanied by the required nonrefundable fee; | ||
(2) is at least 21 years of age; | ||
(3) has successfully completed a licensure examination | ||
approved by the Department; | ||
(4) holds valid certified professional midwife | ||
certification granted by NARM or its successor | ||
organization; | ||
(5) holds an active cardiopulmonary resuscitation | ||
certification; | ||
(6) holds an active neonatal resuscitation provider | ||
status; and | ||
(7) successfully completed a postsecondary midwifery | ||
education program through an institution, program, or | ||
pathway accredited by the Midwife Education and |
Accreditation Council, that has both academic and clinical | ||
practice incorporated throughout the curriculum. | ||
(b) A midwife who is certified by NARM, but who has not | ||
completed a MEAC program, may apply for licensure if he or she: | ||
(1) holds a valid certified professional midwife | ||
certification granted by NARM or its successor | ||
organization for at least 3 years; | ||
(2) provides proof of completion of the midwifery | ||
bridge certificate granted by NARM and applies within one | ||
year of adoption of rules; and | ||
(3) provides proof of paragraphs (1) through (6) | ||
required under subsection (a). | ||
(c) Applicants have 3 years from the date of application | ||
to complete the application process. If the process has not | ||
been completed in 3 years, the application shall be denied, | ||
the fee shall be forfeited, and the applicant must reapply and | ||
meet the requirements in effect at the time of reapplication. | ||
Section 50. Endorsement. Upon payment of the required | ||
nonrefundable fee and submission of required documentation, | ||
the Department may, in its discretion, license as a certified | ||
professional midwife, an applicant who is a certified | ||
professional midwife licensed in another jurisdiction, if the | ||
requirements for licensure in that jurisdiction were, at the | ||
time of licensure, substantially equivalent to the | ||
requirements in force in this State on that date or equivalent |
to the requirements of this Act. Applicants have 3 years from | ||
the date of application to complete the application process. | ||
If the process has not been completed in 3 years, the | ||
application shall be denied, the fee shall be forfeited, and | ||
the applicant must reapply and meet the requirements in effect | ||
at the time of reapplication. | ||
Section 55. Expiration; renewal of licensure. The | ||
expiration date and renewal period for each license issued | ||
under this Act shall be set by rule. The holder of a license | ||
may renew the license during the month preceding the | ||
expiration date of the license by paying the required fee. It | ||
is the responsibility of the licensee to notify the Department | ||
in writing of a change of address required for the renewal of a | ||
license under this Act. Applicants have 3 years from the date | ||
of application to complete the application process. If the | ||
process has not been completed in 3 years, the application | ||
shall be denied, the fee shall be forfeited, and the applicant | ||
must reapply and meet the requirements in effect at the time of | ||
reapplication. | ||
The Department may adopt rules for continuing education | ||
for licensed certified professional midwives licensed under | ||
this Act that require 20 hours of continuing education per | ||
2-year license renewal cycle. The rules shall address | ||
variances in part or in whole for good cause, including | ||
without limitation, illness or hardship. The rules must ensure |
that licensees are given the opportunity to participate in | ||
programs sponsored by or through their State or national | ||
professional associations, hospitals, or other providers of | ||
continuing education. Each licensee is responsible for | ||
maintaining records of completion of continuing education and | ||
shall be prepared to produce the records when requested by the | ||
Department. | ||
Any licensed certified professional midwife who has | ||
permitted his or her license to expire or who has had his or | ||
her license on inactive status may have the license restored | ||
by applying to the Department and filing proof acceptable to | ||
the Department of his or her fitness to have the license | ||
restored, and by paying the required fees. Proof of fitness | ||
may include sworn evidence certifying to active lawful | ||
practice in another jurisdiction. | ||
If the licensed certified professional midwife has not | ||
maintained an active practice in another jurisdiction | ||
satisfactory to the Department, the Department shall | ||
determine, by an evaluation program established by rule, his | ||
or her fitness for restoration of the license and shall | ||
establish procedures and requirements for such restoration. | ||
However, any licensed certified professional midwife whose | ||
license expired while he or she was (1) in federal or State | ||
service on active duty, or (2) in training or education under | ||
the supervision of the United States preliminary to induction | ||
into the military service, may have the license restored |
without paying any lapsed renewal fees if, within 2 years | ||
after termination of such service, training, or education, he | ||
or she furnishes the Department with satisfactory evidence to | ||
the effect that he or she has been so engaged and that his or | ||
her service, training, or education has been terminated. | ||
Section 60. Inactive status. Any licensed certified | ||
professional midwife who notified the Department in writing on | ||
forms prescribed by the Department, may elect to place his or | ||
her license on an inactive status and shall, subject to rules | ||
of the Department, be excused from payment of renewal fees | ||
until he or she notifies the Department in writing of his or | ||
her intention to restore the license. | ||
Any licensed certified professional midwife requesting | ||
restoration from inactive status shall be required to pay the | ||
current renewal fee and shall be required to restore his or her | ||
license, as provided in Section 55. | ||
Any licensed certified professional midwife whose license | ||
is in an inactive status shall not practice in the State. | ||
Any licensee who engages in practice while his or her | ||
license is lapsed or on inactive status shall be considered to | ||
be practicing without a license, which shall be grounds for | ||
discipline under Section 140. | ||
Section 65. Informed consent. | ||
(a) A licensed certified professional midwife shall, at an |
initial prenatal visit with a client, provide and disclose to | ||
the client orally and in writing all of the following | ||
information: | ||
(1) the licensed certified professional midwife's | ||
experience and training; | ||
(2) the licensed certified professional midwife holds | ||
an active CPR certification and an active neonatal | ||
resuscitation provider status; | ||
(3) whether the licensed certified professional | ||
midwife has malpractice liability insurance coverage and | ||
the coverage limits of the policy; | ||
(4) a protocol for the handling of both the patient's | ||
and the newborn's medical emergencies; this shall include, | ||
but not be limited to, obtaining transportation to a | ||
hospital particular to each client with identification of | ||
the appropriate hospital, providing a verbal report of the | ||
care provided to emergency services providers, and sending | ||
a copy of the client records with the client at the time of | ||
any transfer to a hospital, including obtaining a signed | ||
authorization to release the client's medical records to a | ||
health care professional or hospital in the event of such | ||
emergency transport; | ||
(5) a statement informing the client that, in the | ||
event of an emergency or voluntary transfer or if | ||
subsequent care is required resulting from the acts or | ||
omissions of the licensed certified professional midwife, |
no liability for the acts or omissions of the licensed | ||
certified professional midwife are assignable to the | ||
receiving hospital, health care facility, physician, | ||
nurse, emergency personnel, or other medical professional | ||
rendering such care; the receiving hospital, health care | ||
facility, physician, nurse, emergency medical personnel, | ||
hospital, or other medical professional rendering care are | ||
responsible for their own acts and omissions; | ||
(6) a statement outlining the emergency equipment, | ||
drugs, and personnel available to provide appropriate care | ||
in the home; | ||
(7) the intent to provide at least one midwife | ||
assistant or student midwife during intrapartum and | ||
immediate postpartum care; and | ||
(8) a recommendation that the client preregister with | ||
the nearest hospital and explain the benefits of | ||
preregistration. | ||
(b) A licensed certified professional midwife shall, at an | ||
initial prenatal visit with a client, provide a copy of the | ||
written disclosures required under this Section to the client | ||
and obtain the client's signature and date of signature | ||
acknowledging that the client has been informed, orally and in | ||
writing, of the disclosures required. | ||
Section 70. Scope of practice. | ||
(a) A licensed certified professional midwife shall: |
(1) offer each client routine prenatal care and | ||
testing in accordance with current American College of | ||
Obstetricians and Gynecologists guidelines; | ||
(2) provide all clients with a plan for 24 hour | ||
on-call availability by a licensed certified professional | ||
midwife, certified nurse midwife, or licensed physician | ||
throughout pregnancy, intrapartum, and 6 weeks postpartum; | ||
(3) provide clients with labor support, fetal | ||
monitoring, and routine assessment of vital signs once | ||
active labor is established; | ||
(4) supervise delivery of infant and placenta, assess | ||
newborn and maternal well-being in immediate postpartum, | ||
and perform an Apgar score assessment; | ||
(5) perform routine cord management and inspect for an | ||
appropriate number of vessels; | ||
(6) inspect the placenta and membranes for | ||
completeness; | ||
(7) inspect the perineum and vagina postpartum for | ||
lacerations and stabilize if necessary; | ||
(8) observe the childbearing individual and newborn | ||
postpartum until stable condition is achieved, but in no | ||
event for less than 2 hours; | ||
(9) instruct the childbearing individual, spouse, and | ||
other support persons, both verbally and in writing, of | ||
the special care and precautions for both the childbearing | ||
individual and newborn in the immediate postpartum period; |
(10) reevaluate maternal and newborn well-being within | ||
36 hours of delivery; | ||
(11) notify a pediatric health care professional | ||
within 72 hours after delivery; | ||
(12) use universal precautions with all biohazard | ||
materials; | ||
(13) ensure that a birth certificate is accurately | ||
completed and filed in accordance with the Department of | ||
Public Health; | ||
(14) offer to obtain and submit a blood sample in | ||
accordance with the recommendations for metabolic | ||
screening of the newborn; | ||
(15) offer an injection of vitamin K for the newborn | ||
in accordance with the indication, dose, and | ||
administration route as authorized in subsection (b); | ||
(16) within one week of delivery, offer a newborn | ||
hearing screening to every newborn or refer the parents to | ||
a facility with a newborn hearing screening program; | ||
(17) within 2 hours of the birth, offer the | ||
administration of antibiotic ointment into the eyes of the | ||
newborn, in accordance with the Infant Eye Disease Act; | ||
and | ||
(18) maintain adequate antenatal and perinatal records | ||
of each client and provide records to consulting licensed | ||
physicians and licensed certified nurse midwives, in | ||
accordance with regulations promulgated under the Health |
Insurance Portability and Accountability Act of 1996.
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(b) A licensed certified professional midwife may obtain | ||
and administer the following during the practice of midwifery: | ||
(1) oxygen for the treatment of fetal distress; | ||
(2) eye prophylactics, either 0.5% erythromycin | ||
ophthalmic ointment or 1% tetracycline ophthalmic ointment | ||
for the prevention of neonatal ophthalmia; | ||
(3) oxytocin, pitocin, or misoprostol as a postpartum | ||
antihemorrhagic agent; | ||
(4) methylergonovine or methergine for the treatment | ||
of postpartum hemorrhage; | ||
(5) vitamin K for the prophylaxis of hemorrhagic | ||
disease of the newborn; | ||
(6) Rho (D) immune globulin for the prevention of Rho | ||
(D) sensitization in Rho (D) negative individuals; | ||
(7) intravenous fluids for maternal stabilization, | ||
including lactated Ringer's solution, or with 5% dextrose | ||
unless unavailable or impractical, in which case 0.09% | ||
sodium chloride may be administered; | ||
(8) administer antibiotics as prophylactic for GBS in | ||
accordance with current ACOG protocols as provided by | ||
Department rule; | ||
(9) ibuprofen for postpartum pain relief; | ||
(10) lidocaine injection as a local anesthetic for | ||
perineal repair; and | ||
(11) sterile water subcutaneous injections as a |
non-pharmaceutical form of pain relief during the first | ||
and second stages of labor.
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The Department may approve by rule additional medications, | ||
agents, or procedures based upon updated evidence-based | ||
obstetrical guidelines or based upon limited availability of | ||
standard medications or agents. | ||
(c) A licensed certified professional midwife shall plan | ||
for at least 2 licensed certified professional midwives or a | ||
licensed certified professional midwife and a midwife | ||
assistant or student midwife to be present at all | ||
out-of-hospital births.
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Section 75. Consultation and referral. | ||
(a) A licensed certified professional midwife shall | ||
consult with a licensed physician or a certified nurse midwife | ||
providing obstetrical care whenever there are significant | ||
deviations, including abnormal laboratory results, relative to | ||
a client's pregnancy or to a neonate. If a referral to a | ||
physician or certified nurse midwife is needed, the licensed | ||
certified professional midwife shall refer the client to a | ||
physician or certified nurse midwife and, if possible, remain | ||
in consultation with the physician until resolution of the | ||
concern. Consultation does not preclude the possibility of an | ||
out-of-hospital birth. It is appropriate for the licensed | ||
certified professional midwife to maintain care of the client | ||
to the greatest degree possible, in accordance with the |
client's wishes, during the pregnancy and, if possible, during | ||
labor, birth, and the postpartum period. | ||
(b) A licensed certified professional midwife shall | ||
consult with a licensed physician or a certified nurse midwife | ||
with regard to any childbearing individual who presents with | ||
or develops the following risk factors or presents with or | ||
develops other risk factors that, in the judgment of the | ||
licensed certified professional midwife, warrant consultation:
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(1) Antepartum: | ||
(A) pregnancy induced hypertension, as evidenced | ||
by a blood pressure of 140/90 on 2 occasions greater | ||
than 6 hours apart; | ||
(B) persistent, severe headaches, epigastric pain, | ||
or visual disturbances; | ||
(C) persistent symptoms of urinary tract | ||
infection; | ||
(D) significant vaginal bleeding before the onset | ||
of labor not associated with uncomplicated spontaneous | ||
abortion; | ||
(E) rupture of membranes prior to the 37th week | ||
gestation; | ||
(F) noted abnormal decrease in or cessation of | ||
fetal movement; | ||
(G) anemia resistant to supplemental therapy; | ||
(H) fever of 102 degrees Fahrenheit or 39 degrees | ||
Celsius or greater for more than 24 hours; |
(I) non-vertex presentation after 38 weeks | ||
gestation; | ||
(J) hyperemesis or significant dehydration; | ||
(K) isoimmunization, Rh-negative sensitized, | ||
positive titers, or any other positive antibody titer, | ||
which may have a detrimental effect on the | ||
childbearing individual or fetus; | ||
(L) elevated blood glucose levels unresponsive to | ||
dietary management; | ||
(M) positive HIV antibody test; | ||
(N) primary genital herpes infection in pregnancy; | ||
(O) symptoms of malnutrition or anorexia or | ||
protracted weight loss or failure to gain weight; | ||
(P) suspected deep vein thrombosis; | ||
(Q) documented placental anomaly or previa; | ||
(R) documented low-lying placenta in a | ||
childbearing individual with history of previous | ||
cesarean delivery; | ||
(S) labor prior to the 37th week of gestation; | ||
(T) history of prior uterine incision; | ||
(U) lie other than vertex at term; | ||
(V) multiple gestation; | ||
(W) known fetal anomalies that may be affected by | ||
the site of birth; | ||
(X) marked abnormal fetal heart tones; | ||
(Y) abnormal non-stress test or abnormal |
biophysical profile; | ||
(Z) marked or severe polyhydramnios or | ||
oligohydramnios;
| ||
(AA) evidence of intrauterine growth restriction; | ||
(BB) significant abnormal ultrasound findings; or | ||
(CC) gestation beyond 42 weeks by reliable | ||
confirmed dates;
| ||
(2) Intrapartum: | ||
(A) rise in blood pressure above baseline, more | ||
than 30/15 points or greater than 140/90; | ||
(B) persistent, severe headaches, epigastric pain | ||
or visual disturbances; | ||
(C) significant proteinuria or ketonuria; | ||
(D) fever over 100.6 degrees Fahrenheit or 38 | ||
degrees Celsius in absence of environmental factors; | ||
(E) ruptured membranes without onset of | ||
established labor after 18 hours; | ||
(F) significant bleeding prior to delivery or any | ||
abnormal bleeding, with or without abdominal pain or | ||
evidence of placental abruption; | ||
(G) lie not compatible with spontaneous vaginal | ||
delivery or unstable fetal lie; | ||
(H) failure to progress after 5 hours of active | ||
labor or following 2 hours of active second stage | ||
labor; | ||
(I) signs or symptoms of maternal infection; |
(J) active genital herpes at onset of labor; | ||
(K) fetal heart tones with non-reassuring | ||
patterns; | ||
(L) signs or symptoms of fetal distress; | ||
(M) thick meconium or frank bleeding with birth | ||
not imminent; or | ||
(N) client or licensed certified professional | ||
midwife desires physician consultation or transfer;
| ||
(3) Postpartum: | ||
(A) failure to void within 6 hours of birth; | ||
(B) signs or symptoms of maternal shock; | ||
(C) fever of 102 degrees Fahrenheit or 39 degrees | ||
Celsius and unresponsive to therapy for 12 hours; | ||
(D) abnormal lochia or signs or symptoms of | ||
uterine sepsis; | ||
(E) suspected deep vein thrombosis; or | ||
(F) signs of clinically significant depression.
| ||
(c) A licensed certified professional midwife shall | ||
consult with a licensed physician or certified nurse midwife | ||
with regard to any neonate who is born with or develops the | ||
following risk factors: | ||
(1) Apgar score of 6 or less at 5 minutes without | ||
significant improvement by 10 minutes; | ||
(2) persistent grunting respirations or retractions; | ||
(3) persistent cardiac irregularities; | ||
(4) persistent central cyanosis or pallor; |
(5) persistent lethargy or poor muscle tone; | ||
(6) abnormal cry; | ||
(7) birth weight less than 2,300 grams; | ||
(8) jitteriness or seizures; | ||
(9) jaundice occurring before 24 hours or outside of | ||
normal range; | ||
(10) failure to urinate within 24 hours of birth; | ||
(11) failure to pass meconium within 48 hours of | ||
birth; | ||
(12) edema; | ||
(13) prolonged temperature instability; | ||
(14) significant signs or symptoms of infection; | ||
(15) significant clinical evidence of glycemic | ||
instability; | ||
(16) abnormal, bulging, or depressed fontanel; | ||
(17) significant clinical evidence of prematurity; | ||
(18) medically significant congenital anomalies; | ||
(19) significant or suspected birth injury; | ||
(20) persistent inability to suck; | ||
(21) diminished consciousness; | ||
(22) clinically significant abnormalities in vital | ||
signs, muscle tone, or behavior; | ||
(23) clinically significant color abnormality, | ||
cyanotic, or pale or abnormal perfusion; | ||
(24) abdominal distension or projectile vomiting; or | ||
(25) signs of clinically significant dehydration or |
failure to thrive. | ||
(d) Consultation with a health
care professional does not | ||
establish a formal relationship
with the client. Consultation | ||
does not establish a formal
relationship between a licensed | ||
certified professional midwife and another health care | ||
professional. | ||
Section 80. Transfer. | ||
(a) Transport via private vehicle is an acceptable method | ||
of transport if it is the most expedient and safest method for | ||
accessing medical services. The licensed certified | ||
professional midwife shall initiate immediate transport | ||
according to the licensed certified professional midwife's | ||
emergency plan, provide emergency stabilization until | ||
emergency medical services arrive or transfer is completed, | ||
accompany the client or follow the client to a hospital in a | ||
timely fashion, and provide pertinent information to the | ||
receiving facility and complete an emergency transport record. | ||
(b) A licensed certified professional midwife must | ||
establish a written protocol for the handling of both the | ||
patient's and newborn's medical emergencies, including | ||
transportation to a hospital, particular to each client, with | ||
identification of the appropriate hospital. A verbal report of | ||
the care provided must be provided to emergency services | ||
providers and a copy of the client records shall be sent with | ||
the client at the time of any transfer to a hospital, including |
obtaining a signed authorization to release the client's | ||
medical records to a health care professional or hospital in | ||
the event of such emergency. | ||
Section 85. Prohibited practices. | ||
(a) A licensed certified professional midwife may not do | ||
any of the following: | ||
(1) administer prescription pharmacological agents | ||
intended to induce or augment labor; | ||
(2) administer prescription pharmacological agents to | ||
provide pain management; | ||
(3) use vacuum extractors or forceps; | ||
(4) prescribe medications; | ||
(5) provide out-of-hospital care to a childbearing | ||
individual who has had a previous cesarean section; | ||
(6) perform abortions or surgical procedures, | ||
including, but not limited to, cesarean sections and | ||
circumcisions, except for an emergency episiotomy; | ||
(7) knowingly accept responsibility for prenatal or | ||
intrapartum care of a client with any of the following | ||
risk factors:
| ||
(A) chronic significant maternal cardiac, | ||
pulmonary, renal, or hepatic disease; | ||
(B) malignant disease in an active phase; | ||
(C) significant hematological disorders, | ||
coagulopathies, or pulmonary embolism; |
(D) insulin requiring diabetes mellitus; | ||
(E) known maternal congenital abnormalities | ||
affecting childbirth; | ||
(F) confirmed isoimmunization, Rh disease with | ||
positive titer; | ||
(G) active tuberculosis; | ||
(H) active syphilis or gonorrhea; | ||
(I) active genital herpes infection 2 weeks prior | ||
to labor or in labor; | ||
(J) pelvic or uterine abnormalities affecting | ||
normal vaginal births, including tumors and | ||
malformations; | ||
(K) alcoholism or alcohol abuse; | ||
(L) drug addiction or abuse; or | ||
(M) confirmed AIDS status.
| ||
(b) A licensed certified professional midwife shall not | ||
administer Schedule II through IV controlled substances. | ||
Subject to a prescription by a health care professional, | ||
Schedule V controlled substances may be administered by | ||
licensed certified professional midwives. | ||
Section 90. Annual Reports. | ||
(a) A licensed certified professional midwife shall | ||
annually report to the Department of Public Health, by no | ||
later than March 31 of each year, in a manner specified by the | ||
Department of Public Health, the following information |
regarding cases in which the licensed certified professional | ||
midwife assisted during the previous calendar year when the | ||
intended place of birth at the onset of care was an | ||
out-of-hospital setting: | ||
(1) the total number of patients served at the onset | ||
of care; | ||
(2) the number, by county, of live births attended; | ||
(3) the number, by county, of cases of fetal demise, | ||
infant deaths, and maternal deaths attended at the | ||
discovery of the demise or death; | ||
(4) the number of women whose care was transferred to | ||
another health care professional during the antepartum | ||
period and the reason for transfer; | ||
(5) the number, reason for, and outcome of each | ||
nonemergency hospital transfer during the intrapartum or | ||
postpartum period; | ||
(6) the number, reason for, and outcome of each urgent | ||
or emergency transport of an expectant childbearing | ||
individual in the antepartum period; | ||
(7) the number, reason for, and outcome of each urgent | ||
or emergency transport of an infant or childbearing | ||
individual during the intrapartum or immediate postpartum | ||
period; | ||
(8) the number of planned out-of-hospital births at | ||
the onset of labor and the number of births completed in an | ||
out-of-hospital setting; |
(9) a brief description of any complications resulting | ||
in the morbidity or mortality of a childbearing individual | ||
or a neonate; and | ||
(10) any other information required by rule by the | ||
Department of Public Health.
| ||
(b) The Board shall maintain the confidentiality of any | ||
report under subsection (d). | ||
(c) Notwithstanding any other provision of law, a licensed | ||
certified professional midwife shall be subject to the same | ||
reporting requirements as other health care professionals who | ||
provide care to individuals. | ||
(d) Reports are confidential under Section 180 of this | ||
Act. | ||
Section 95. Vicarious liability. | ||
(a) Consultation with a physician or advanced practice | ||
registered nurse does not alone create a physician-patient or | ||
advanced practice registered nurse-patient relationship or any | ||
other relationship with the physician or advanced practice | ||
registered nurse. The informed consent shall specifically | ||
state that the licensed certified professional midwife and any | ||
consulting physician or advanced practice registered nurse are | ||
not employees, partners, associates, agents, or principals of | ||
one another. The licensed certified professional midwife shall | ||
inform the patient that he or she is independently licensed | ||
and practicing midwifery and in that regard is solely |
responsible for the services he or she provides. | ||
(b) Nothing in this Act is intended to expand or limit the | ||
malpractice liability of physicians, advanced practice | ||
registered nurses, licensed certified professional midwives, | ||
or other health care professionals, hospitals, or other health | ||
care institutions beyond the limits existing in current | ||
Illinois statutory and common law; however, no physician, | ||
nurse, emergency medical personnel, hospital, or other health | ||
care institution shall be liable for any act or omission | ||
resulting from the provision of services by any licensed | ||
certified professional midwife solely on the basis that the | ||
physician, nurse, emergency medical personnel, hospital, or | ||
other health care institution has consulted with or accepted a | ||
referral from the licensed certified professional midwife. The | ||
physician, nurse, licensed certified professional midwife, | ||
emergency medical personnel, hospital, or other health care | ||
institution providing care are responsible for their own acts | ||
and omissions.
| ||
Section 100. Grounds for disciplinary action. | ||
(a) The Department may refuse to issue or to renew, or may | ||
revoke, suspend, place on probation, reprimand, or take other | ||
disciplinary or non-disciplinary action with regard to any | ||
license issued under this Act as the Department may deem | ||
proper, including the issuance of fines not to exceed $10,000 | ||
for each violation, for any one or combination of the |
following causes: | ||
(1) Material misstatement in furnishing information to | ||
the Department. | ||
(2) Violations of this Act, or the rules adopted under | ||
this Act. | ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or | ||
sentencing, including, but not limited to, convictions, | ||
preceding sentences of supervision, conditional discharge, | ||
or first offender probation, under the laws of any | ||
jurisdiction of the United States that is: (i) a felony; | ||
or (ii) a misdemeanor, an essential element of which is | ||
dishonesty, or that is directly related to the practice of | ||
the profession. | ||
(4) Making any misrepresentation for the purpose of | ||
obtaining licenses. | ||
(5) Professional incompetence. | ||
(6) Aiding or assisting another person in violating | ||
any provision of this Act or its rules. | ||
(7) Failing, within 60 days, to provide information in | ||
response to a written request made by the Department. | ||
(8) Engaging in dishonorable, unethical, or | ||
unprofessional conduct, as defined by rule, of a character | ||
likely to deceive, defraud, or harm the public. | ||
(9) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug |
that results in a midwife's inability to practice with | ||
reasonable judgment, skill, or safety. | ||
(10) Discipline by another U.S. jurisdiction or | ||
foreign nation, if at least one of the grounds for | ||
discipline is the same or substantially equivalent to | ||
those set forth in this Section. | ||
(11) Directly or indirectly giving to or receiving | ||
from any person, firm, corporation, partnership, or | ||
association any fee, commission, rebate or other form of | ||
compensation for any professional services not actually or | ||
personally rendered. Nothing in this paragraph affects any | ||
bona fide independent contractor or employment | ||
arrangements, including provisions for compensation, | ||
health insurance, pension, or other employment benefits, | ||
with persons or entities authorized under this Act for the | ||
provision of services within the scope of the licensee's | ||
practice under this Act. | ||
(12) A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation. | ||
(13) Abandonment of a patient. | ||
(14) Willfully making or filing false records or | ||
reports in his or her practice, including, but not limited | ||
to, false records filed with state agencies or | ||
departments. | ||
(15) Willfully failing to report an instance of |
suspected child abuse or neglect as required by the Abused | ||
and Neglected Child Reporting Act. | ||
(16) Physical illness, or mental illness or impairment | ||
that results in the inability to practice the profession | ||
with reasonable judgment, skill, or safety, including, but | ||
not limited to, deterioration through the aging process or | ||
loss of motor skill. | ||
(17) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services | ||
under the Abused and Neglected Child Reporting Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has caused a child to be an abused child or | ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act. | ||
(18) Gross negligence resulting in permanent injury or | ||
death of a patient. | ||
(19) Employment of fraud, deception, or any unlawful | ||
means in applying for or securing a license as a licensed | ||
certified profession midwife. | ||
(21) Immoral conduct in the commission of any act, | ||
including sexual abuse, sexual misconduct, or sexual | ||
exploitation related to the licensee's practice. | ||
(22) Violation of the Health Care Worker Self-Referral | ||
Act. | ||
(23) Practicing under a false or assumed name, except | ||
as provided by law. |
(24) Making a false or misleading statement regarding | ||
his or her skill or the efficacy or value of the medicine, | ||
treatment, or remedy prescribed by him or her in the | ||
course of treatment. | ||
(25) Allowing another person to use his or her license | ||
to practice. | ||
(26) Prescribing, selling, administering, | ||
distributing, giving, or self-administering a drug | ||
classified as a controlled substance for purposes other | ||
than medically-accepted therapeutic purposes. | ||
(27) Promotion of the sale of drugs, devices, | ||
appliances, or goods provided for a patient in a manner to | ||
exploit the patient for financial gain. | ||
(28) A pattern of practice or other behavior that | ||
demonstrates incapacity or incompetence to practice under | ||
this Act. | ||
(29) Violating State or federal laws, rules, or | ||
regulations relating to controlled substances or other | ||
legend drugs or ephedra as defined in the Ephedra | ||
Prohibition Act. | ||
(30) Failure to establish and maintain records of | ||
patient care and treatment as required by law. | ||
(31) Attempting to subvert or cheat on the examination | ||
of the North American Registry of Midwives or its | ||
successor agency. | ||
(32) Willfully or negligently violating the |
confidentiality between licensed certified profession | ||
midwives and patient, except as required by law. | ||
(33) Willfully failing to report an instance of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult as defined in and | ||
required by the Adult Protective Services Act. | ||
(34) Being named as an abuser in a verified report by | ||
the Department on Aging under the Adult Protective | ||
Services Act and upon proof by clear and convincing | ||
evidence that the licensee abused, neglected, or | ||
financially exploited an eligible adult as defined in the | ||
Adult Protective Services Act. | ||
(35) Failure to report to the Department an adverse | ||
final action taken against him or her by another licensing | ||
jurisdiction of the United States or a foreign state or | ||
country, a peer review body, a health care institution, a | ||
professional society or association, a governmental | ||
agency, a law enforcement agency, or a court. | ||
(36) Failure to provide copies of records of patient | ||
care or treatment, except as required by law. | ||
(37) Failure of a licensee to report to the Department | ||
surrender by the licensee of a license or authorization to | ||
practice in another state or jurisdiction or current | ||
surrender by the licensee of membership professional | ||
association or society while under disciplinary | ||
investigation by any of those authorities or bodies for |
acts or conduct similar to acts or conduct that would | ||
constitute grounds for action under this Section. | ||
(38) Failing, within 90 days, to provide a response to | ||
a request for information in response to a written request | ||
made by the Department by certified or registered mail or | ||
by email to the email address of record. | ||
(39) Failure to supervise a midwife assistant or | ||
student midwife including, but not limited to, allowing a | ||
midwife assistant or student midwife to exceed their | ||
scope. | ||
(40) Failure to adequately inform a patient about | ||
their malpractice liability insurance coverage and the | ||
policy limits of the coverage. | ||
(41) Failure to submit an annual report to Department | ||
of Public Health. | ||
(42) Failure to disclose active cardiopulmonary | ||
resuscitation certification or neonatal resuscitation | ||
provider status to clients. | ||
(43) Engaging in one of the prohibited practices | ||
provided for in Section 85 of this Act. | ||
(b) The Department may, without a hearing, refuse to issue | ||
or renew or may suspend the license of any person who fails to | ||
file a return, or to pay the tax, penalty, or interest shown in | ||
a filed return, or to pay any final assessment of the tax, | ||
penalty, or interest as required by any tax Act administered | ||
by the Department of Revenue, until the requirements of any |
such tax Act are satisfied. | ||
(c) The determination by a circuit court that a licensee | ||
is subject to involuntary admission or judicial admission as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code operates as an automatic suspension. The suspension will | ||
end only upon a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission | ||
and issues an order so finding and discharging the patient, | ||
and upon the recommendation of the Board to the Secretary that | ||
the licensee be allowed to resume his or her practice. | ||
(d) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel an individual | ||
licensed to practice under this Act, or who has applied for | ||
licensure under this Act, to submit to a mental or physical | ||
examination, or both, including a substance abuse or sexual | ||
offender evaluation, as required by and at the expense of the | ||
Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed clinical | ||
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, and other professional and | ||
administrative staff. Any examining physician or member of the | ||
multidisciplinary team may require any person ordered to | ||
submit to an examination pursuant to this Section to submit to | ||
any additional supplemental testing deemed necessary to | ||
complete any examination or evaluation process, including, but | ||
not limited to, blood testing, urinalysis, psychological | ||
testing, or neuropsychological testing. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to present testimony | ||
concerning the mental or physical examination of the licensee | ||
or applicant. No information, report, record, or other | ||
documents in any way related to the examination shall be | ||
excluded by reason of any common law or statutory privilege | ||
relating to communications between the licensee or applicant | ||
and the examining physician or any member of the | ||
multidisciplinary team. No authorization is necessary from the | ||
licensee or applicant ordered to undergo an examination for | ||
the examining physician or any member of the multidisciplinary | ||
team to provide information, reports, records, or other | ||
documents or to provide any testimony regarding the |
examination and evaluation. | ||
The individual to be examined may have, at his or her own | ||
expense, another physician of his or her choice present during | ||
all aspects of this examination. However, that physician shall | ||
be present only to observe and may not interfere in any way | ||
with the examination. | ||
Failure of an individual to submit to a mental or physical | ||
examination, when ordered, shall result in an automatic | ||
suspension of his or her license until the individual submits | ||
to the examination. | ||
If the Department finds an individual unable to practice | ||
because of the reasons set forth in this Section, the | ||
Department may require that individual to submit to care, | ||
counseling, or treatment by physicians approved or designated | ||
by the Department, as a condition, term, or restriction for | ||
continued, reinstated, or renewed licensure to practice; or, | ||
in lieu of care, counseling, or treatment, the Department may | ||
file a complaint to immediately suspend, revoke, or otherwise | ||
discipline the license of the individual. An individual whose | ||
license was granted, continued, reinstated, renewed, | ||
disciplined, or supervised subject to such terms, conditions, | ||
or restrictions, and who fails to comply with such terms, | ||
conditions, or restrictions, shall be referred to the | ||
Secretary for a determination as to whether the individual | ||
shall have his or her license suspended immediately, pending a | ||
hearing by the Department. |
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that | ||
person's license must be convened by the Department within 30 | ||
days after the suspension and completed without appreciable | ||
delay. The Department shall have the authority to review the | ||
subject individual's record of treatment and counseling | ||
regarding the impairment to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate | ||
to the Department that he or she can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of his or her license. | ||
Section 105. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012. A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full. |
Section 110. Restoration of license. At any time after the | ||
successful completion of a term of probation, suspension, or | ||
revocation of any license, the Department may restore it to | ||
the licensee, unless after an investigation and a hearing, the | ||
Department determines that restoration is not in the public | ||
interest. Where circumstances of suspension or revocation so | ||
indicate, the Department may require an examination of the | ||
licensee prior to restoring his or her license. No person | ||
whose license has been revoked as authorized in this Act may | ||
apply for restoration of that license until provided for in | ||
the Civil Administrative Code of Illinois. | ||
A license that has been suspended or revoked shall be | ||
considered nonrenewed for purposes of restoration and a person | ||
restoring his or her license from suspension or revocation | ||
must comply with the requirements for restoration of a | ||
nonrenewed license as set forth in Section 20 and any related | ||
rules adopted. | ||
Section 115. Surrender of license. Upon the revocation or | ||
suspension of any license, the licensee shall immediately | ||
surrender the license to the Department. If the licensee fails | ||
to do so, the Department shall have the right to seize the | ||
license. | ||
Section 120. Temporary suspension of license. The |
Secretary may temporarily suspend the license of a certified | ||
professional midwife without a hearing, simultaneously with | ||
the institution of proceedings for a hearing provided for in | ||
Section 125, if the Secretary finds that evidence in his or her | ||
possession indicates that continuation in practice would | ||
constitute an imminent danger to the public. If the Secretary | ||
suspends, temporarily, the license without a hearing, a | ||
hearing by the Department must be held within 30 days after | ||
such suspension has occurred, and concluded without | ||
appreciable delay. | ||
Section 125. Rehearing. If the Secretary is satisfied that | ||
substantial justice has not been done in the revocation, | ||
suspension, or refusal to issue or renew a license, the | ||
Secretary may order a rehearing by the same or another hearing | ||
officer or Board. | ||
Section 130. Administrative review; certification of | ||
record. | ||
(a) All final administrative decisions of the Department | ||
are subject to judicial review pursuant to the provisions of | ||
the Administrative Review Law, and all rules adopted pursuant | ||
thereto. "Administrative decision" has the same meaning as | ||
used in Section 3-101 of the Code of Civil Procedure. | ||
(b) Proceedings for judicial review shall be commenced in | ||
the circuit court of the county in which the party applying for |
review resides, but if the party is not a resident of this | ||
State, venue shall be in Sangamon County. | ||
(c) The Department shall not be required to certify any | ||
record to the court, to file an answer in court, or to | ||
otherwise appear in any court in a judicial review proceeding | ||
unless and until the Department has received from the | ||
plaintiff payment of the costs of furnishing and certifying | ||
the record, which costs shall be determined by the Department. | ||
Exhibits shall be certified without cost. Failure on the part | ||
of the plaintiff to file a receipt in court is grounds for | ||
dismissal of the action. During the pendency and hearing of | ||
any and all judicial proceedings incident to the disciplinary | ||
action, the sanctions imposed upon the accused by the | ||
Department because of acts or omissions related to the | ||
delivery of direct patient care as specified in the | ||
Department's final administrative decision, shall, as a matter | ||
of public policy, remain in full force and effect in order to | ||
protect the public pending final resolution of any of the | ||
proceedings. | ||
Section 135. Injunction. | ||
(a) If any person violates any provision of this Act, the | ||
Secretary may, in the name of the People of the State of | ||
Illinois, through the Attorney General, or the State's | ||
Attorney of any county in which the action is brought, | ||
petition for an order enjoining the violation or for an order |
enforcing compliance with this Act. Upon the filing of a | ||
verified petition in court, the court may issue a temporary | ||
restraining order, without notice or bond, and may | ||
preliminarily and permanently enjoin such violation, and if it | ||
is established that such person has violated or is violating | ||
the injunction, the Court may punish the offender for contempt | ||
of court. Proceedings under this Section shall be in addition | ||
to, and not in lieu of, all other remedies and penalties | ||
provided by this Act. | ||
(b) If any person shall practice as a certified | ||
professional midwife or hold himself or herself out as a | ||
licensed certified professional midwife without being licensed | ||
under the provisions of this Act, then any licensed certified | ||
professional midwife, any interested party, or any person | ||
injured thereby may, in addition to the Secretary, petition | ||
for relief as provided in subsection (a). | ||
(c) If, in the opinion of the Department, any person | ||
violates any provision of this Act, the Department may issue a | ||
rule to show cause why an order to cease and desist should not | ||
be entered against him or her. The rule shall clearly set forth | ||
the grounds relied upon by the Department and shall provide a | ||
period of 7 days from the date of the rule to file an answer to | ||
the satisfaction of the Department. Failure to answer to the | ||
satisfaction of the Department shall cause an order to cease | ||
and desist to be issued forthwith. |
Section 140. Investigation; notice; hearing. The | ||
Department may investigate the actions of any applicant or of | ||
any person or persons holding or claiming to hold a license | ||
under this Act. The Department shall, before suspending, | ||
revoking, placing on probationary status, or taking any other | ||
disciplinary action as the Department may deem proper with | ||
regard to any license, at least 30 days prior to the date set | ||
for the hearing, notify the applicant or licensee in writing | ||
of any charges made and the time and place for a hearing of the | ||
charges, direct him or her to file his or her written answer | ||
under oath within 20 days after the service and inform the | ||
applicant or licensee that failure to answer will result in a | ||
default being entered against the applicant or licensee. As a | ||
result of the default, such may be suspended, revoked, placed | ||
on probationary status, or have other disciplinary action, | ||
including limiting the scope, nature or extent of his or her | ||
practice, as the Department may deem proper taken with regard | ||
thereto. Written or electronic notice may be served by | ||
personal delivery, email, or mail to the applicant or licensee | ||
at his or her address of record or email address of record. At | ||
the time and place fixed in the notice, the Department shall | ||
proceed to hear the charges and the parties or their counsel | ||
shall be accorded ample opportunity to present such | ||
statements, testimony, evidence, and argument as may be | ||
pertinent to the charges or to the defense thereto. The | ||
Department may continue such hearing from time to time. In |
case the applicant or licensee, after receiving notice, fails | ||
to file an answer, his or her license may in the discretion of | ||
the Secretary, having received first the recommendation of the | ||
Board, be suspended, revoked, placed on probationary status, | ||
or the Secretary may take whatever disciplinary action as he | ||
or she may deem proper, including limiting the scope, nature, | ||
or extent of such person's practice, without a hearing, if the | ||
act or acts charged constitute sufficient grounds for such | ||
action under this Act. | ||
Section 145. Hearing report. At the conclusion of the | ||
hearing, the Board shall present to the Secretary a written | ||
report of its findings of fact, conclusions of law, and | ||
recommendations. The report shall contain a finding of whether | ||
the accused person violated this Act or failed to comply with | ||
the conditions required in this Act. The Board shall specify | ||
the nature of the violation or failure to comply, and shall | ||
make its recommendations to the Secretary. | ||
The report of findings of fact, conclusions of law, and | ||
recommendation of the Board shall be the basis for the | ||
Department's order or refusal or for the granting of a license | ||
or permit. The finding is not admissible in evidence against | ||
the person in a criminal prosecution brought for the violation | ||
of this Act, but the hearing and finding are not a bar to a | ||
criminal prosecution brought for the violation of this Act. |
Section 150. Hearing officer. Notwithstanding the | ||
provisions of Section 140, the Secretary shall have the | ||
authority to appoint any attorney duly licensed to practice | ||
law in this State to serve as the hearing officer in any action | ||
for refusal to issue or renew, or for discipline of, a license. | ||
The hearing officer shall have full authority to conduct the | ||
hearing. The hearing officer shall report his or her findings | ||
of fact, conclusions of law, and recommendations to the Board | ||
and the Secretary. The Board shall have 60 days after receipt | ||
of the report to review the report of the hearing officer and | ||
present their findings of fact, conclusions of law, and | ||
recommendations to the Secretary. If the Secretary disagrees | ||
in any regard with the report of the Board or hearing officer, | ||
he or she may issue an order in contravention thereof. | ||
Section 155. Motion for rehearing. In any case | ||
involving the refusal to issue, renew, or discipline of a | ||
license, a copy of the Board's report shall be served upon the | ||
respondent by the Department, either personally or as provided | ||
in this Act for the service of the notice of hearing. Within 20 | ||
days after such service, the respondent may present to the | ||
Department a motion in writing for a rehearing, which motion | ||
shall specify the particular grounds therefor. If no motion | ||
for rehearing is filed, then upon the expiration of the time | ||
specified for filing such a motion, or if a motion for | ||
rehearing is denied, then upon such denial the Secretary may |
enter an order in accordance with recommendations of the Board | ||
except as provided in Section 145 or 150. If the respondent | ||
shall order from the reporting service, and pay for a | ||
transcript of the record within the time for filing a motion | ||
for rehearing, the 20-day period within which such a motion | ||
may be filed shall commence upon the delivery of the | ||
transcript to the respondent. | ||
Section 160. Certification of records by Department. The | ||
Department shall not be required to certify any record to the | ||
court or file any answer in court or otherwise appear in any | ||
court in a judicial review proceeding, unless there is filed | ||
in the court, with the complaint, a receipt from the | ||
Department acknowledging payment of the costs of furnishing | ||
and certifying the record. Failure on the part of the | ||
plaintiff to file a receipt in court shall be grounds for | ||
dismissal of the action. | ||
Section 165. Violation. Any person who is found to have | ||
knowingly violated any provision of this Act is guilty of a | ||
Class A misdemeanor. On conviction of a second or subsequent | ||
offense the violator shall be guilty of a Class 4 felony. | ||
Section 170. Fees. | ||
(a) Fees collected for the administration of this Act | ||
shall be set by the Department by rule. All fees are |
nonrefundable. | ||
(b) All moneys collected under this Act by the Department | ||
shall be deposited in the General Professions Dedicated Fund. | ||
Section 175. Returned checks; fines. Any person who | ||
delivers a check or other payment to the Department that is | ||
returned to the Department unpaid by the financial institution | ||
upon which it is drawn shall pay to the Department, in addition | ||
to the amount already owed to the Department, a fine of $50. | ||
The fines imposed by this Section are in addition to any other | ||
discipline provided under this Act for unlicensed practice or | ||
practice on a nonrenewed license. The Department shall notify | ||
the person that payment of fees and fines shall be paid to the | ||
Department by certified check or money order within 30 | ||
calendar days of the notification. If, after the expiration of | ||
30 days from the date of the notification, the person has | ||
failed to submit the necessary remittance, the Department | ||
shall automatically terminate the license or certificate or | ||
deny the application, without hearing. If, after termination | ||
or denial, the person seeks a license or certificate, he or she | ||
shall apply to the Department for restoration or issuance of | ||
the license or certificate and pay all fees and fines due to | ||
the Department. The Department may establish a fee for the | ||
processing of an application for restoration of a license or | ||
certificate to pay all expenses of processing this | ||
application. The Secretary may waive the fines due under this |
Section in individual cases where the Secretary finds that the | ||
fines would be unreasonable or unnecessarily burdensome. | ||
Section 180. Confidentiality. All information collected by | ||
the Department in the course of an examination or | ||
investigation of a licensee or applicant, including, but not | ||
limited to, any complaint against a licensee filed with the | ||
Department and information collected to investigate any such | ||
complaint, shall be maintained for the confidential use of the | ||
Department and shall not be disclosed. The Department shall | ||
not disclose the information to anyone other than law | ||
enforcement officials, regulatory agencies that have an | ||
appropriate regulatory interest as determined by the | ||
Secretary, or a party presenting a lawful subpoena to the | ||
Department. Information and documents disclosed to a federal, | ||
State, county, or local law enforcement agency shall not be | ||
disclosed by the agency for any purpose to any other agency or | ||
person. A formal complaint filed against a licensee by the | ||
Department or any order issued by the Department against a | ||
licensee or applicant shall be a public record, except as | ||
otherwise prohibited by law. | ||
Section 185. The Regulatory Sunset Act is amended by | ||
changing Section 4.37 as follows: | ||
(5 ILCS 80/4.37) |
Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||
The following are repealed on January 1, 2027: | ||
The Clinical Psychologist Licensing Act.
| ||
The Illinois Optometric Practice Act of 1987. | ||
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
| ||
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
| ||
The Boiler and Pressure Vessel Repairer Regulation Act. | ||
The Marriage and Family Therapy Licensing Act. | ||
The Licensed Certified Professional Midwife Practice Act. | ||
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | ||
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | ||
8-18-17; 100-372, eff. 8-25-17.)
| ||
Section 999. Effective date. This Act takes effect on | ||
October 1, 2022. |