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Public Act 102-0963


 

Public Act 0963 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0963
 
HB5012 EnrolledLRB102 24883 CPF 34133 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Licensed Certified Professional Midwife
Practice Act is amended by changing Sections 10, 30, 40, 55,
90, 125, 130, and 150 as follows:
 
    (225 ILCS 64/10)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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 and has been licensed by the Department.
    "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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/30)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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 an Illinois licensed
advanced practice registered nurse who is 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:
        (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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/40)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 40. Use of title. No person may use the title
"licensed midwife", to 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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/55)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/90)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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) (Blank). 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) (Blank). Reports are confidential under Section 180 of
this Act.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/125)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/130)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/150)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 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.
(Source: P.A. 102-683, eff. 10-1-22.)
 
    (225 ILCS 64/160 rep.)
    Section 10. The Licensed Certified Professional Midwife
Practice Act is amended by repealing Section 160.
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022