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Sen. Cristina Castro
Filed: 5/14/2021
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1 | | AMENDMENT TO HOUSE BILL 3401
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2 | | AMENDMENT NO. ______. Amend House Bill 3401 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the |
5 | | Licensed Certified Professional Midwife Practice Act. |
6 | | Section 5. Purpose. The practice of midwifery in |
7 | | out-of-hospital settings is hereby declared to affect the |
8 | | public health, safety, and welfare and to be subject to |
9 | | regulation in the public interest. The purpose of the Act is to |
10 | | protect and benefit the public by setting standards for the |
11 | | qualifications, education, training, and experience of those |
12 | | who seek to obtain licensure as a licensed certified |
13 | | professional midwife, including requirements to work in |
14 | | consultation with hospital based and privileged health care |
15 | | professionals to promote high standards of professional |
16 | | performance for those licensed to practice midwifery in |
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1 | | out-of-hospital settings in this State, to promote a |
2 | | consultative and integrated maternity care delivery system in |
3 | | Illinois with agreed-upon consulting, transfer, and transport |
4 | | protocols in use by all health care professionals and licensed |
5 | | certified professional midwives across all health care |
6 | | settings to maximize client safety and positive outcomes, to |
7 | | support accredited education and training as a prerequisite to |
8 | | licensure, and to protect the public. |
9 | | Section 10. Definitions. As used in this Act: |
10 | | "Address of record" means the designated address recorded |
11 | | by the Department in the applicant's application file or the |
12 | | licensee's licensure file as maintained by the Department. |
13 | | "Antepartum" means before labor or childbirth. |
14 | | "Board" means the Illinois Midwifery Board. |
15 | | "Certified nurse midwife" means an individual licensed |
16 | | under the Nurse Practice Act as an advanced practice |
17 | | registered nurse and is certified as a nurse midwife. |
18 | | "Client" means a childbearing individual or newborn for |
19 | | whom a licensed certified professional midwife provides |
20 | | services. |
21 | | "Consultation" means the process by which a licensed |
22 | | certified professional midwife seeks the advice or opinion of |
23 | | another health care professional. |
24 | | "Department" means the Department of Financial and |
25 | | Professional Regulation. |
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1 | | "Email address of record" means the designated email |
2 | | address of record by the Department in the applicant's |
3 | | application file or the licensee's licensure file as |
4 | | maintained by the Department. |
5 | | "Health care professional" means an advanced practice |
6 | | registered nurse or a physician licensed to practice medicine |
7 | | in all of its branches. |
8 | | "Intrapartum" means during labor and delivery or |
9 | | childbirth. |
10 | | "Licensed certified professional midwife" means a person |
11 | | who has successfully met the requirements under Section 45 of |
12 | | this Act. |
13 | | "Low-risk" means a low-risk pregnancy where there is an |
14 | | absence of any preexisting maternal disease, significant |
15 | | disease arising from the pregnancy, or any condition likely to |
16 | | affect the pregnancy, including, but not limited to, those |
17 | | listed in Section 85. |
18 | | "Midwife assistant" means a person, at least 18 years of |
19 | | age, who performs basic administrative, clerical, and |
20 | | supportive services under the supervision of a certified |
21 | | professional midwife, is educated to provide both basic and |
22 | | emergency care to newborns and mothers during labor, delivery, |
23 | | and immediately postpartum, and who maintains Neonatal |
24 | | Resuscitation Program provider status and cardiopulmonary |
25 | | resuscitation certification. |
26 | | "Midwifery bridge certificate" means a certificate issued |
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1 | | by the North American Registry of midwives that documents |
2 | | completion of accredited continuing education for certified |
3 | | professional midwives based upon identified areas to address |
4 | | education in emergency skills and other competencies set by |
5 | | the international confederation of midwives. |
6 | | "Midwifery Education and Accreditation Council" or "MEAC" |
7 | | means the nationally recognized accrediting agency, or its |
8 | | successor, that establishes standards for the education of |
9 | | direct-entry midwives in the United States. |
10 | | "National Association of Certified Professional Midwives" |
11 | | or "NACPM" means the professional organization, or its |
12 | | successor, that promotes the growth and development of the |
13 | | profession of certified professional midwives. |
14 | | "North American Registry of Midwives" or "NARM" means the |
15 | | accredited international agency, or its successor |
16 | | organization, that has established and has continued to |
17 | | administer certification for the credentialing of certified |
18 | | professional midwives, including the administration of a |
19 | | national competency examination. |
20 | | "Onset of care" means the initial prenatal visit upon an |
21 | | agreement between a licensed certified professional midwife |
22 | | and client to establish a midwife-client relationship, during |
23 | | which the licensed certified professional midwife may take a |
24 | | client's medical history, complete an exam, establish a |
25 | | client's record, or perform other services related to |
26 | | establishing care. "Onset of care" does not include an initial |
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1 | | interview where information about the licensed certified |
2 | | professional midwife's practice is shared but no |
3 | | midwife-client relationship is established. |
4 | | "Pediatric health care professional" means a licensed |
5 | | physician specializing in the care of children, a family |
6 | | practice physician, or an advanced practice registered nurse |
7 | | licensed under the Nurse Practice Act and certified as a |
8 | | Pediatric Nurse Practitioner or Family Nurse Practitioner. |
9 | | "Physician" means a physician licensed under the Medical |
10 | | Practice Act of 1987 to practice medicine in all of its |
11 | | branches. |
12 | | "Postpartum period" means the first 6 weeks after |
13 | | delivery. |
14 | | "Practice of midwifery" means providing the necessary |
15 | | supervision, care, and advice to a client during a low-risk |
16 | | pregnancy, labor, and the postpartum period, including the |
17 | | intended low-risk delivery of a child, and providing normal |
18 | | newborn care. "Practice of midwifery" does not include the |
19 | | practice of medicine or nursing. |
20 | | "Qualified midwife preceptor" means a licensed and |
21 | | experienced midwife or other health professional licensed in |
22 | | the State who participated in the clinical education of |
23 | | individuals enrolled in a midwifery education institution, |
24 | | program, or pathway accredited by the midwifery education |
25 | | accreditation council who meet the criteria for midwife |
26 | | preceptors by NARM or its successor organization. |
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1 | | "Secretary" means the Secretary of Financial and |
2 | | Professional Regulation. |
3 | | "Supportive services" means simple routine medical tasks |
4 | | and procedures for which the midwife assistant or student |
5 | | midwife is appropriately trained. |
6 | | Section 15. Address of record; email address of record. |
7 | | All applicants and licensees shall: |
8 | | (1) provide a valid address and email address to the |
9 | | Department, which shall serve as the address of record and |
10 | | email address of record, respectively, at the time of |
11 | | application for licensure or renewal of licensure; and |
12 | | (2) inform the Department of any change of address of |
13 | | record or email address of record within 14 days after |
14 | | such change either through the Department's website or by |
15 | | contacting the Department.
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16 | | Section 20. Social security number on license application. |
17 | | In addition to any other information required to be contained |
18 | | in an application for licensure under this Act, every |
19 | | application for an original license under this Act shall |
20 | | include the applicant's social security number, which shall be |
21 | | retained in the agency's records pertaining to the license. |
22 | | For applicants without a social security number, an individual |
23 | | taxpayer identification number shall be provided instead of a |
24 | | social security number. As soon as practical, the Department |
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1 | | shall assign a customer's identification number to each |
2 | | applicant for a license. Every application for a renewal or |
3 | | restored license shall require the applicant's customer |
4 | | identification number. |
5 | | Section 25. Exemptions. |
6 | | (a) This Act does not prohibit a person licensed under any |
7 | | other Act in this State from engaging in the practice for which |
8 | | he or she is licensed or from delegating services as provided |
9 | | for under the Act. |
10 | | (b) Nothing in this Act shall be construed to prohibit or |
11 | | require licensing under this Act with regard to: |
12 | | (1) a traditional birth attendant practicing midwifery |
13 | | without a license if the traditional birth attendant has |
14 | | cultural, indigenous, or religious traditions that have |
15 | | historically included the attendance of traditional birth |
16 | | attendants at births and that birth attendant serves only |
17 | | the women and families in that distinct cultural, |
18 | | indigenous, or religious group; |
19 | | (2) a student midwife practicing midwifery as part of |
20 | | his or her course of study in an accredited midwife |
21 | | institution, program, or pathway under the direction and |
22 | | supervision of a qualified midwife preceptor; and |
23 | | (3) a midwife assistant performing within the scope of |
24 | | his or her responsibilities and duties as defined by rule |
25 | | under the supervision of a licensed certified professional |
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1 | | midwife. |
2 | | (c) Nothing in this Act prevents a licensed certified |
3 | | professional midwife from assisting a health care |
4 | | professional, practicing within his or her scope of practice |
5 | | while providing antepartum, intrapartum, or postpartum care. |
6 | | (d) Nothing in this Act abridges, limits, or changes in |
7 | | any way the rights of parents to deliver their baby where, |
8 | | when, how, and with whom they choose, regardless of licensure |
9 | | under this Act. |
10 | | Section 30. Illinois Midwifery Board. |
11 | | (a) There is created under the authority of the Department |
12 | | the Illinois Midwifery Board, which shall consist of 9 members |
13 | | appointed by the Secretary: 5 of whom shall be licensed |
14 | | certified professional midwives, with initial appointees |
15 | | having at least 3 years of experience in the practice of |
16 | | midwifery in an out-of-hospital setting, be certified by the |
17 | | North American Registry of Midwives, and meet the |
18 | | qualifications for licensure set forth in this Act; one of |
19 | | whom shall be an Illinois licensed physician who specializes |
20 | | in obstetrics; one of whom shall be a certified
nurse midwife |
21 | | who provides home birth services; one of whom shall be a |
22 | | pediatric health care professional; and one of whom shall be a |
23 | | public member. Board members shall serve 4-year terms, except |
24 | | that in the case of initial appointments, terms shall be |
25 | | staggered as follows: 4 members shall serve for 4 years, 3 |
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1 | | members shall serve for 3 years, and 2 members shall serve for |
2 | | 2 years. The Board shall annually elect a chairperson and vice |
3 | | chairperson. All board members must be residents of this |
4 | | State. All board members, except for the public member, must |
5 | | be licensed in good standing and, at the time of appointment, |
6 | | actively engaged in their respective professions. |
7 | | (b) Any appointment made to fill a vacancy shall be for the |
8 | | unexpired portion of the term. Appointments to fill vacancies |
9 | | shall be made in the same manner as original appointments. No |
10 | | Board member may be reappointed for a term that would cause his |
11 | | or her continuous service on the Board to exceed 10 years. |
12 | | (c) Board membership must have a reasonable representation |
13 | | from different geographic areas of this State, if possible. |
14 | | (d) The Secretary may solicit board recommendations from |
15 | | midwifery organizations. |
16 | | (e) The members of the Board may be reimbursed for all |
17 | | legitimate, necessary, and authorized expenses incurred in |
18 | | attending the meetings of the Board. |
19 | | (f) The Secretary may remove any member of the Board for |
20 | | misconduct, incapacity, or neglect of duty at any time prior |
21 | | to the expiration of his or her term. |
22 | | (g) Five Board members shall constitute a quorum. A |
23 | | vacancy in the membership of the Board shall not impair the |
24 | | right of a quorum to perform all of the duties of the Board. |
25 | | (h) The Board may provide the Department with |
26 | | recommendations concerning the administration of this Act and |
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1 | | may perform each of the following duties:
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2 | | (1) Recommend to the Department the prescription and, |
3 | | from time to time, the revision of any rules that may be |
4 | | necessary to carry out the provisions of this Act, |
5 | | including those that are designed to protect the health, |
6 | | safety, and welfare of the public. |
7 | | (2) Recommend changes to the medication formulary list |
8 | | as standards and drug availability change. |
9 | | (3) Participate in disciplinary conferences and |
10 | | hearings. |
11 | | (4) Make recommendations to the Department regarding |
12 | | disciplinary action taken against a licensee as provided |
13 | | under this Act. |
14 | | (5) Recommend the approval, denial of approval, and |
15 | | withdrawal of approval of required education and |
16 | | continuing educational programs. |
17 | | (i) Members of the Board shall be immune from suit in an |
18 | | action based upon a disciplinary proceeding or other activity |
19 | | performed in good faith as a member of the Board, except for |
20 | | willful or wanton misconduct. |
21 | | Section 35. Powers and duties of the Department; rules. |
22 | | (a) The Department shall exercise the powers and duties |
23 | | prescribed by the Civil Administrative Code of Illinois for |
24 | | the administration of licensing Acts and shall exercise such |
25 | | other powers and duties necessary for effectuating the |
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1 | | purposes of this Act. |
2 | | (b) The Secretary shall adopt rules consistent with the |
3 | | provisions of this Act for the administration and enforcement |
4 | | of this Act and for the payment of fees connected to this Act |
5 | | and may prescribe forms that shall be issued in connection |
6 | | with this Act. |
7 | | Section 40. Use of title. No person may use the title |
8 | | "licensed midwife", describe or imply that he or she is a |
9 | | licensed midwife, or represent himself or herself as a |
10 | | licensed midwife unless the person is granted a license under |
11 | | this Act or is licensed as an advanced practice registered |
12 | | nurse with certification as a nurse midwife. |
13 | | Section 45. Licensure. |
14 | | (a) Each applicant who successfully meets the requirements |
15 | | of this Section is eligible for licensure as a certified |
16 | | professional midwife if the applicant: |
17 | | (1) submits forms prescribed by the Department and |
18 | | accompanied by the required nonrefundable fee; |
19 | | (2) is at least 21 years of age; |
20 | | (3) has successfully completed a licensure examination |
21 | | approved by the Department; |
22 | | (4) holds valid certified professional midwife |
23 | | certification granted by NARM or its successor |
24 | | organization; |
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1 | | (5) holds an active cardiopulmonary resuscitation |
2 | | certification; |
3 | | (6) holds an active neonatal resuscitation provider |
4 | | status; and |
5 | | (7) successfully completed a postsecondary midwifery |
6 | | education program through an institution, program, or |
7 | | pathway accredited by the Midwife Education and |
8 | | Accreditation Council, that has both academic and clinical |
9 | | practice incorporated throughout the curriculum. |
10 | | (b) A midwife who is certified by NARM, but who has not |
11 | | completed a MEAC program, may apply for licensure if he or she: |
12 | | (1) holds a valid certified professional midwife |
13 | | certification granted by NARM or its successor |
14 | | organization for at least 3 years; |
15 | | (2) provides proof of completion of the midwifery |
16 | | bridge certificate granted by NARM and applies within one |
17 | | year of adoption of rules; and |
18 | | (3) provides proof of paragraphs (1) through (6) |
19 | | required under subsection (a). |
20 | | (c) Applicants have 3 years from the date of application |
21 | | to complete the application process. If the process has not |
22 | | been completed in 3 years, the application shall be denied, |
23 | | the fee shall be forfeited, and the applicant must reapply and |
24 | | meet the requirements in effect at the time of reapplication. |
25 | | Section 50. Endorsement. Upon payment of the required |
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1 | | nonrefundable fee and submission of required documentation, |
2 | | the Department may, in its discretion, license as a certified |
3 | | professional midwife, an applicant who is a certified |
4 | | professional midwife licensed in another jurisdiction, if the |
5 | | requirements for licensure in that jurisdiction were, at the |
6 | | time of licensure, substantially equivalent to the |
7 | | requirements in force in this State on that date or equivalent |
8 | | to the requirements of this Act. Applicants have 3 years from |
9 | | the date of application to complete the application process. |
10 | | If the process has not been completed in 3 years, the |
11 | | application shall be denied, the fee shall be forfeited, and |
12 | | the applicant must reapply and meet the requirements in effect |
13 | | at the time of reapplication. |
14 | | Section 55. Expiration; renewal of licensure. The |
15 | | expiration date and renewal period for each license issued |
16 | | under this Act shall be set by rule. The holder of a license |
17 | | may renew the license during the month preceding the |
18 | | expiration date of the license by paying the required fee. It |
19 | | is the responsibility of the licensee to notify the Department |
20 | | in writing of a change of address required for the renewal of a |
21 | | license under this Act. Applicants have 3 years from the date |
22 | | of application to complete the application process. If the |
23 | | process has not been completed in 3 years, the application |
24 | | shall be denied, the fee shall be forfeited, and the applicant |
25 | | must reapply and meet the requirements in effect at the time of |
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1 | | reapplication. |
2 | | The Department may adopt rules for continuing education |
3 | | for licensed certified professional midwives licensed under |
4 | | this Act that require 20 hours of continuing education per |
5 | | 2-year license renewal cycle. The rules shall address |
6 | | variances in part or in whole for good cause, including |
7 | | without limitation, illness or hardship. The rules must ensure |
8 | | that licensees are given the opportunity to participate in |
9 | | programs sponsored by or through their State or national |
10 | | professional associations, hospitals, or other providers of |
11 | | continuing education. Each licensee is responsible for |
12 | | maintaining records of completion of continuing education and |
13 | | shall be prepared to produce the records when requested by the |
14 | | Department. |
15 | | Any licensed certified professional midwife who has |
16 | | permitted his or her license to expire or who has had his or |
17 | | her license on inactive status may have the license restored |
18 | | by applying to the Department and filing proof acceptable to |
19 | | the Department of his or her fitness to have the license |
20 | | restored, and by paying the required fees. Proof of fitness |
21 | | may include sworn evidence certifying to active lawful |
22 | | practice in another jurisdiction. |
23 | | If the licensed certified professional midwife has not |
24 | | maintained an active practice in another jurisdiction |
25 | | satisfactory to the Department, the Department shall |
26 | | determine, by an evaluation program established by rule, his |
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1 | | or her fitness for restoration of the license and shall |
2 | | establish procedures and requirements for such restoration. |
3 | | However, any licensed certified professional midwife whose |
4 | | license expired while he or she was (1) in federal or State |
5 | | service on active duty, or (2) in training or education under |
6 | | the supervision of the United States preliminary to induction |
7 | | into the military service, may have the license restored |
8 | | without paying any lapsed renewal fees if, within 2 years |
9 | | after termination of such service, training, or education, he |
10 | | or she furnishes the Department with satisfactory evidence to |
11 | | the effect that he or she has been so engaged and that his or |
12 | | her service, training, or education has been terminated. |
13 | | Section 60. Inactive status. Any licensed certified |
14 | | professional midwife who notified the Department in writing on |
15 | | forms prescribed by the Department, may elect to place his or |
16 | | her license on an inactive status and shall, subject to rules |
17 | | of the Department, be excused from payment of renewal fees |
18 | | until he or she notifies the Department in writing of his or |
19 | | her intention to restore the license. |
20 | | Any licensed certified professional midwife requesting |
21 | | restoration from inactive status shall be required to pay the |
22 | | current renewal fee and shall be required to restore his or her |
23 | | license, as provided in Section 55. |
24 | | Any licensed certified professional midwife whose license |
25 | | is in an inactive status shall not practice in the State. |
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1 | | Any licensee who engages in practice while his or her |
2 | | license is lapsed or on inactive status shall be considered to |
3 | | be practicing without a license, which shall be grounds for |
4 | | discipline under Section 140. |
5 | | Section 65. Informed consent. |
6 | | (a) A licensed certified professional midwife shall, at an |
7 | | initial prenatal visit with a client, provide and disclose to |
8 | | the client orally and in writing all of the following |
9 | | information: |
10 | | (1) the licensed certified professional midwife's |
11 | | experience and training; |
12 | | (2) the licensed certified professional midwife holds |
13 | | an active CPR certification and an active neonatal |
14 | | resuscitation provider status; |
15 | | (3) whether the licensed certified professional |
16 | | midwife has malpractice liability insurance coverage and |
17 | | the coverage limits of the policy; |
18 | | (4) a protocol for the handling of both the patient's |
19 | | and the newborn's medical emergencies; this shall include, |
20 | | but not be limited to, obtaining transportation to a |
21 | | hospital particular to each client with identification of |
22 | | the appropriate hospital, providing a verbal report of the |
23 | | care provided to emergency services providers, and sending |
24 | | a copy of the client records with the client at the time of |
25 | | any transfer to a hospital, including obtaining a signed |
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1 | | authorization to release the client's medical records to a |
2 | | health care professional or hospital in the event of such |
3 | | emergency transport; |
4 | | (5) a statement informing the client that, in the |
5 | | event of an emergency or voluntary transfer or if |
6 | | subsequent care is required resulting from the acts or |
7 | | omissions of the licensed certified professional midwife, |
8 | | no liability for the acts or omissions of the licensed |
9 | | certified professional midwife are assignable to the |
10 | | receiving hospital, health care facility, physician, |
11 | | nurse, emergency personnel, or other medical professional |
12 | | rendering such care; the receiving hospital, health care |
13 | | facility, physician, nurse, emergency medical personnel, |
14 | | hospital, or other medical professional rendering care are |
15 | | responsible for their own acts and omissions; |
16 | | (6) a statement outlining the emergency equipment, |
17 | | drugs, and personnel available to provide appropriate care |
18 | | in the home; |
19 | | (7) the intent to provide at least one midwife |
20 | | assistant or student midwife during intrapartum and |
21 | | immediate postpartum care; and |
22 | | (8) a recommendation that the client preregister with |
23 | | the nearest hospital and explain the benefits of |
24 | | preregistration. |
25 | | (b) A licensed certified professional midwife shall, at an |
26 | | initial prenatal visit with a client, provide a copy of the |
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1 | | written disclosures required under this Section to the client |
2 | | and obtain the client's signature and date of signature |
3 | | acknowledging that the client has been informed, orally and in |
4 | | writing, of the disclosures required. |
5 | | Section 70. Scope of practice. |
6 | | (a) A licensed certified professional midwife shall: |
7 | | (1) offer each client routine prenatal care and |
8 | | testing in accordance with current American College of |
9 | | Obstetricians and Gynecologists guidelines; |
10 | | (2) provide all clients with a plan for 24 hour |
11 | | on-call availability by a licensed certified professional |
12 | | midwife, certified nurse midwife, or licensed physician |
13 | | throughout pregnancy, intrapartum, and 6 weeks postpartum; |
14 | | (3) provide clients with labor support, fetal |
15 | | monitoring, and routine assessment of vital signs once |
16 | | active labor is established; |
17 | | (4) supervise delivery of infant and placenta, assess |
18 | | newborn and maternal well-being in immediate postpartum, |
19 | | and perform an Apgar score assessment; |
20 | | (5) perform routine cord management and inspect for an |
21 | | appropriate number of vessels; |
22 | | (6) inspect the placenta and membranes for |
23 | | completeness; |
24 | | (7) inspect the perineum and vagina postpartum for |
25 | | lacerations and stabilize if necessary; |
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1 | | (8) observe the childbearing individual and newborn |
2 | | postpartum until stable condition is achieved, but in no |
3 | | event for less than 2 hours; |
4 | | (9) instruct the childbearing individual, spouse, and |
5 | | other support persons, both verbally and in writing, of |
6 | | the special care and precautions for both the childbearing |
7 | | individual and newborn in the immediate postpartum period; |
8 | | (10) reevaluate maternal and newborn well-being within |
9 | | 36 hours of delivery; |
10 | | (11) notify a pediatric health care professional |
11 | | within 72 hours after delivery; |
12 | | (12) use universal precautions with all biohazard |
13 | | materials; |
14 | | (13) ensure that a birth certificate is accurately |
15 | | completed and filed in accordance with the Department of |
16 | | Public Health; |
17 | | (14) offer to obtain and submit a blood sample in |
18 | | accordance with the recommendations for metabolic |
19 | | screening of the newborn; |
20 | | (15) offer an injection of vitamin K for the newborn |
21 | | in accordance with the indication, dose, and |
22 | | administration route as authorized in subsection (b); |
23 | | (16) within one week of delivery, offer a newborn |
24 | | hearing screening to every newborn or refer the parents to |
25 | | a facility with a newborn hearing screening program; |
26 | | (17) within 2 hours of the birth, offer the |
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1 | | administration of antibiotic ointment into the eyes of the |
2 | | newborn, in accordance with the Infant Eye Disease Act; |
3 | | and |
4 | | (18) maintain adequate antenatal and perinatal records |
5 | | of each client and provide records to consulting licensed |
6 | | physicians and licensed certified nurse midwives, in |
7 | | accordance with regulations promulgated under the Health |
8 | | Insurance Portability and Accountability Act of 1996.
|
9 | | (b) A licensed certified professional midwife may obtain |
10 | | and administer the following during the practice of midwifery: |
11 | | (1) oxygen for the treatment of fetal distress; |
12 | | (2) eye prophylactics, either 0.5% erythromycin |
13 | | ophthalmic ointment or 1% tetracycline ophthalmic ointment |
14 | | for the prevention of neonatal ophthalmia; |
15 | | (3) oxytocin, pitocin, or misoprostol as a postpartum |
16 | | antihemorrhagic agent; |
17 | | (4) methylergonovine or methergine for the treatment |
18 | | of postpartum hemorrhage; |
19 | | (5) vitamin K for the prophylaxis of hemorrhagic |
20 | | disease of the newborn; |
21 | | (6) Rho (D) immune globulin for the prevention of Rho |
22 | | (D) sensitization in Rho (D) negative individuals; |
23 | | (7) intravenous fluids for maternal stabilization, |
24 | | including lactated Ringer's solution, or with 5% dextrose |
25 | | unless unavailable or impractical, in which case 0.09% |
26 | | sodium chloride may be administered; |
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1 | | (8) administer antibiotics as prophylactic for GBS in |
2 | | accordance with current ACOG protocols as provided by |
3 | | Department rule; |
4 | | (9) ibuprofen for postpartum pain relief; |
5 | | (10) lidocaine injection as a local anesthetic for |
6 | | perineal repair; and |
7 | | (11) sterile water subcutaneous injections as a |
8 | | non-pharmaceutical form of pain relief during the first |
9 | | and second stages of labor.
|
10 | | The Department may approve by rule additional medications, |
11 | | agents, or procedures based upon updated evidence-based |
12 | | obstetrical guidelines or based upon limited availability of |
13 | | standard medications or agents. |
14 | | (c) A licensed certified professional midwife shall plan |
15 | | for at least 2 licensed certified professional midwives or a |
16 | | licensed certified professional midwife and a midwife |
17 | | assistant or student midwife to be present at all |
18 | | out-of-hospital births.
|
19 | | Section 75. Consultation and referral. |
20 | | (a) A licensed certified professional midwife shall |
21 | | consult with a licensed physician or a certified nurse midwife |
22 | | providing obstetrical care whenever there are significant |
23 | | deviations, including abnormal laboratory results, relative to |
24 | | a client's pregnancy or to a neonate. If a referral to a |
25 | | physician or certified nurse midwife is needed, the licensed |
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1 | | certified professional midwife shall refer the client to a |
2 | | physician or certified nurse midwife and, if possible, remain |
3 | | in consultation with the physician until resolution of the |
4 | | concern. Consultation does not preclude the possibility of an |
5 | | out-of-hospital birth. It is appropriate for the licensed |
6 | | certified professional midwife to maintain care of the client |
7 | | to the greatest degree possible, in accordance with the |
8 | | client's wishes, during the pregnancy and, if possible, during |
9 | | labor, birth, and the postpartum period. |
10 | | (b) A licensed certified professional midwife shall |
11 | | consult with a licensed physician or a certified nurse midwife |
12 | | with regard to any childbearing individual who presents with |
13 | | or develops the following risk factors or presents with or |
14 | | develops other risk factors that, in the judgment of the |
15 | | licensed certified professional midwife, warrant consultation:
|
16 | | (1) Antepartum: |
17 | | (A) pregnancy induced hypertension, as evidenced |
18 | | by a blood pressure of 140/90 on 2 occasions greater |
19 | | than 6 hours apart; |
20 | | (B) persistent, severe headaches, epigastric pain, |
21 | | or visual disturbances; |
22 | | (C) persistent symptoms of urinary tract |
23 | | infection; |
24 | | (D) significant vaginal bleeding before the onset |
25 | | of labor not associated with uncomplicated spontaneous |
26 | | abortion; |
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1 | | (E) rupture of membranes prior to the 37th week |
2 | | gestation; |
3 | | (F) noted abnormal decrease in or cessation of |
4 | | fetal movement; |
5 | | (G) anemia resistant to supplemental therapy; |
6 | | (H) fever of 102 degrees Fahrenheit or 39 degrees |
7 | | Celsius or greater for more than 24 hours; |
8 | | (I) non-vertex presentation after 38 weeks |
9 | | gestation; |
10 | | (J) hyperemesis or significant dehydration; |
11 | | (K) isoimmunization, Rh-negative sensitized, |
12 | | positive titers, or any other positive antibody titer, |
13 | | which may have a detrimental effect on the |
14 | | childbearing individual or fetus; |
15 | | (L) elevated blood glucose levels unresponsive to |
16 | | dietary management; |
17 | | (M) positive HIV antibody test; |
18 | | (N) primary genital herpes infection in pregnancy; |
19 | | (O) symptoms of malnutrition or anorexia or |
20 | | protracted weight loss or failure to gain weight; |
21 | | (P) suspected deep vein thrombosis; |
22 | | (Q) documented placental anomaly or previa; |
23 | | (R) documented low-lying placenta in a |
24 | | childbearing individual with history of previous |
25 | | cesarean delivery; |
26 | | (S) labor prior to the 37th week of gestation; |
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1 | | (T) history of prior uterine incision; |
2 | | (U) lie other than vertex at term; |
3 | | (V) multiple gestation; |
4 | | (W) known fetal anomalies that may be affected by |
5 | | the site of birth; |
6 | | (X) marked abnormal fetal heart tones; |
7 | | (Y) abnormal non-stress test or abnormal |
8 | | biophysical profile; |
9 | | (Z) marked or severe polyhydramnios or |
10 | | oligohydramnios;
|
11 | | (AA) evidence of intrauterine growth restriction; |
12 | | (BB) significant abnormal ultrasound findings; or |
13 | | (CC) gestation beyond 42 weeks by reliable |
14 | | confirmed dates;
|
15 | | (2) Intrapartum: |
16 | | (A) rise in blood pressure above baseline, more |
17 | | than 30/15 points or greater than 140/90; |
18 | | (B) persistent, severe headaches, epigastric pain |
19 | | or visual disturbances; |
20 | | (C) significant proteinuria or ketonuria; |
21 | | (D) fever over 100.6 degrees Fahrenheit or 38 |
22 | | degrees Celsius in absence of environmental factors; |
23 | | (E) ruptured membranes without onset of |
24 | | established labor after 18 hours; |
25 | | (F) significant bleeding prior to delivery or any |
26 | | abnormal bleeding, with or without abdominal pain or |
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1 | | evidence of placental abruption; |
2 | | (G) lie not compatible with spontaneous vaginal |
3 | | delivery or unstable fetal lie; |
4 | | (H) failure to progress after 5 hours of active |
5 | | labor or following 2 hours of active second stage |
6 | | labor; |
7 | | (I) signs or symptoms of maternal infection; |
8 | | (J) active genital herpes at onset of labor; |
9 | | (K) fetal heart tones with non-reassuring |
10 | | patterns; |
11 | | (L) signs or symptoms of fetal distress; |
12 | | (M) thick meconium or frank bleeding with birth |
13 | | not imminent; or |
14 | | (N) client or licensed certified professional |
15 | | midwife desires physician consultation or transfer;
|
16 | | (3) Postpartum: |
17 | | (A) failure to void within 6 hours of birth; |
18 | | (B) signs or symptoms of maternal shock; |
19 | | (C) fever of 102 degrees Fahrenheit or 39 degrees |
20 | | Celsius and unresponsive to therapy for 12 hours; |
21 | | (D) abnormal lochia or signs or symptoms of |
22 | | uterine sepsis; |
23 | | (E) suspected deep vein thrombosis; or |
24 | | (F) signs of clinically significant depression.
|
25 | | (c) A licensed certified professional midwife shall |
26 | | consult with a licensed physician or certified nurse midwife |
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1 | | with regard to any neonate who is born with or develops the |
2 | | following risk factors: |
3 | | (1) Apgar score of 6 or less at 5 minutes without |
4 | | significant improvement by 10 minutes; |
5 | | (2) persistent grunting respirations or retractions; |
6 | | (3) persistent cardiac irregularities; |
7 | | (4) persistent central cyanosis or pallor; |
8 | | (5) persistent lethargy or poor muscle tone; |
9 | | (6) abnormal cry; |
10 | | (7) birth weight less than 2,300 grams; |
11 | | (8) jitteriness or seizures; |
12 | | (9) jaundice occurring before 24 hours or outside of |
13 | | normal range; |
14 | | (10) failure to urinate within 24 hours of birth; |
15 | | (11) failure to pass meconium within 48 hours of |
16 | | birth; |
17 | | (12) edema; |
18 | | (13) prolonged temperature instability; |
19 | | (14) significant signs or symptoms of infection; |
20 | | (15) significant clinical evidence of glycemic |
21 | | instability; |
22 | | (16) abnormal, bulging, or depressed fontanel; |
23 | | (17) significant clinical evidence of prematurity; |
24 | | (18) medically significant congenital anomalies; |
25 | | (19) significant or suspected birth injury; |
26 | | (20) persistent inability to suck; |
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1 | | (21) diminished consciousness; |
2 | | (22) clinically significant abnormalities in vital |
3 | | signs, muscle tone, or behavior; |
4 | | (23) clinically significant color abnormality, |
5 | | cyanotic, or pale or abnormal perfusion; |
6 | | (24) abdominal distension or projectile vomiting; or |
7 | | (25) signs of clinically significant dehydration or |
8 | | failure to thrive. |
9 | | (d) Consultation with a health
care professional does not |
10 | | establish a formal relationship
with the client. Consultation |
11 | | does not establish a formal
relationship between a licensed |
12 | | certified professional midwife and another health care |
13 | | professional. |
14 | | Section 80. Transfer. |
15 | | (a) Transport via private vehicle is an acceptable method |
16 | | of transport if it is the most expedient and safest method for |
17 | | accessing medical services. The licensed certified |
18 | | professional midwife shall initiate immediate transport |
19 | | according to the licensed certified professional midwife's |
20 | | emergency plan, provide emergency stabilization until |
21 | | emergency medical services arrive or transfer is completed, |
22 | | accompany the client or follow the client to a hospital in a |
23 | | timely fashion, and provide pertinent information to the |
24 | | receiving facility and complete an emergency transport record. |
25 | | (b) A licensed certified professional midwife must |
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1 | | establish a written protocol for the handling of both the |
2 | | patient's and newborn's medical emergencies, including |
3 | | transportation to a hospital, particular to each client, with |
4 | | identification of the appropriate hospital. A verbal report of |
5 | | the care provided must be provided to emergency services |
6 | | providers and a copy of the client records shall be sent with |
7 | | the client at the time of any transfer to a hospital, including |
8 | | obtaining a signed authorization to release the client's |
9 | | medical records to a health care professional or hospital in |
10 | | the event of such emergency. |
11 | | Section 85. Prohibited practices. |
12 | | (a) A licensed certified professional midwife may not do |
13 | | any of the following: |
14 | | (1) administer prescription pharmacological agents |
15 | | intended to induce or augment labor; |
16 | | (2) administer prescription pharmacological agents to |
17 | | provide pain management; |
18 | | (3) use vacuum extractors or forceps; |
19 | | (4) prescribe medications; |
20 | | (5) provide out-of-hospital care to a childbearing |
21 | | individual who has had a previous cesarean section; |
22 | | (6) perform abortions or surgical procedures, |
23 | | including, but not limited to, cesarean sections and |
24 | | circumcisions, except for an emergency episiotomy; |
25 | | (7) knowingly accept responsibility for prenatal or |
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1 | | intrapartum care of a client with any of the following |
2 | | risk factors:
|
3 | | (A) chronic significant maternal cardiac, |
4 | | pulmonary, renal, or hepatic disease; |
5 | | (B) malignant disease in an active phase; |
6 | | (C) significant hematological disorders, |
7 | | coagulopathies, or pulmonary embolism; |
8 | | (D) insulin requiring diabetes mellitus; |
9 | | (E) known maternal congenital abnormalities |
10 | | affecting childbirth; |
11 | | (F) confirmed isoimmunization, Rh disease with |
12 | | positive titer; |
13 | | (G) active tuberculosis; |
14 | | (H) active syphilis or gonorrhea; |
15 | | (I) active genital herpes infection 2 weeks prior |
16 | | to labor or in labor; |
17 | | (J) pelvic or uterine abnormalities affecting |
18 | | normal vaginal births, including tumors and |
19 | | malformations; |
20 | | (K) alcoholism or alcohol abuse; |
21 | | (L) drug addiction or abuse; or |
22 | | (M) confirmed AIDS status.
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23 | | (b) A licensed certified professional midwife shall not |
24 | | administer Schedule II through IV controlled substances. |
25 | | Subject to a prescription by a health care professional, |
26 | | Schedule V controlled substances may be administered by |
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1 | | licensed certified professional midwives. |
2 | | Section 90. Annual Reports. |
3 | | (a) A licensed certified professional midwife shall |
4 | | annually report to the Department of Public Health, by no |
5 | | later than March 31 of each year, in a manner specified by the |
6 | | Department of Public Health, the following information |
7 | | regarding cases in which the licensed certified professional |
8 | | midwife assisted during the previous calendar year when the |
9 | | intended place of birth at the onset of care was an |
10 | | out-of-hospital setting: |
11 | | (1) the total number of patients served at the onset |
12 | | of care; |
13 | | (2) the number, by county, of live births attended; |
14 | | (3) the number, by county, of cases of fetal demise, |
15 | | infant deaths, and maternal deaths attended at the |
16 | | discovery of the demise or death; |
17 | | (4) the number of women whose care was transferred to |
18 | | another health care professional during the antepartum |
19 | | period and the reason for transfer; |
20 | | (5) the number, reason for, and outcome of each |
21 | | nonemergency hospital transfer during the intrapartum or |
22 | | postpartum period; |
23 | | (6) the number, reason for, and outcome of each urgent |
24 | | or emergency transport of an expectant childbearing |
25 | | individual in the antepartum period; |
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1 | | (7) the number, reason for, and outcome of each urgent |
2 | | or emergency transport of an infant or childbearing |
3 | | individual during the intrapartum or immediate postpartum |
4 | | period; |
5 | | (8) the number of planned out-of-hospital births at |
6 | | the onset of labor and the number of births completed in an |
7 | | out-of-hospital setting; |
8 | | (9) a brief description of any complications resulting |
9 | | in the morbidity or mortality of a childbearing individual |
10 | | or a neonate; and |
11 | | (10) any other information required by rule by the |
12 | | Department of Public Health.
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13 | | (b) The Board shall maintain the confidentiality of any |
14 | | report under subsection (d). |
15 | | (c) Notwithstanding any other provision of law, a licensed |
16 | | certified professional midwife shall be subject to the same |
17 | | reporting requirements as other health care professionals who |
18 | | provide care to individuals. |
19 | | (d) Reports are confidential under Section 180 of this |
20 | | Act. |
21 | | Section 95. Vicarious liability. |
22 | | (a) Consultation with a physician or advanced practice |
23 | | registered nurse does not alone create a physician-patient or |
24 | | advanced practice registered nurse-patient relationship or any |
25 | | other relationship with the physician or advanced practice |
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1 | | registered nurse. The informed consent shall specifically |
2 | | state that the licensed certified professional midwife and any |
3 | | consulting physician or advanced practice registered nurse are |
4 | | not employees, partners, associates, agents, or principals of |
5 | | one another. The licensed certified professional midwife shall |
6 | | inform the patient that he or she is independently licensed |
7 | | and practicing midwifery and in that regard is solely |
8 | | responsible for the services he or she provides. |
9 | | (b) Nothing in this Act is intended to expand or limit the |
10 | | malpractice liability of physicians, advanced practice |
11 | | registered nurses, licensed certified professional midwives, |
12 | | or other health care professionals, hospitals, or other health |
13 | | care institutions beyond the limits existing in current |
14 | | Illinois statutory and common law; however, no physician, |
15 | | nurse, emergency medical personnel, hospital, or other health |
16 | | care institution shall be liable for any act or omission |
17 | | resulting from the provision of services by any licensed |
18 | | certified professional midwife, even if the physician, nurse, |
19 | | emergency medical personnel, hospital, or other health care |
20 | | institution has consulted with or accepted a referral from the |
21 | | licensed certified professional midwife. The physician, nurse, |
22 | | licensed certified professional midwife, emergency medical |
23 | | personnel, hospital, or other health care institution |
24 | | providing care are responsible for their own acts and |
25 | | omissions.
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1 | | Section 100. Grounds for disciplinary action. |
2 | | (a) The Department may refuse to issue or to renew, or may |
3 | | revoke, suspend, place on probation, reprimand, or take other |
4 | | disciplinary or non-disciplinary action with regard to any |
5 | | license issued under this Act as the Department may deem |
6 | | proper, including the issuance of fines not to exceed $10,000 |
7 | | for each violation, for any one or combination of the |
8 | | following causes: |
9 | | (1) Material misstatement in furnishing information to |
10 | | the Department. |
11 | | (2) Violations of this Act, or the rules adopted under |
12 | | this Act. |
13 | | (3) Conviction by plea of guilty or nolo contendere, |
14 | | finding of guilt, jury verdict, or entry of judgment or |
15 | | sentencing, including, but not limited to, convictions, |
16 | | preceding sentences of supervision, conditional discharge, |
17 | | or first offender probation, under the laws of any |
18 | | jurisdiction of the United States that is: (i) a felony; |
19 | | or (ii) a misdemeanor, an essential element of which is |
20 | | dishonesty, or that is directly related to the practice of |
21 | | the profession. |
22 | | (4) Making any misrepresentation for the purpose of |
23 | | obtaining licenses. |
24 | | (5) Professional incompetence. |
25 | | (6) Aiding or assisting another person in violating |
26 | | any provision of this Act or its rules. |
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1 | | (7) Failing, within 60 days, to provide information in |
2 | | response to a written request made by the Department. |
3 | | (8) Engaging in dishonorable, unethical, or |
4 | | unprofessional conduct, as defined by rule, of a character |
5 | | likely to deceive, defraud, or harm the public. |
6 | | (9) Habitual or excessive use or addiction to alcohol, |
7 | | narcotics, stimulants, or any other chemical agent or drug |
8 | | that results in a midwife's inability to practice with |
9 | | reasonable judgment, skill, or safety. |
10 | | (10) Discipline by another U.S. jurisdiction or |
11 | | foreign nation, if at least one of the grounds for |
12 | | discipline is the same or substantially equivalent to |
13 | | those set forth in this Section. |
14 | | (11) Directly or indirectly giving to or receiving |
15 | | from any person, firm, corporation, partnership, or |
16 | | association any fee, commission, rebate or other form of |
17 | | compensation for any professional services not actually or |
18 | | personally rendered. Nothing in this paragraph affects any |
19 | | bona fide independent contractor or employment |
20 | | arrangements, including provisions for compensation, |
21 | | health insurance, pension, or other employment benefits, |
22 | | with persons or entities authorized under this Act for the |
23 | | provision of services within the scope of the licensee's |
24 | | practice under this Act. |
25 | | (12) A finding by the Department that the licensee, |
26 | | after having his or her license placed on probationary |
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1 | | status, has violated the terms of probation. |
2 | | (13) Abandonment of a patient. |
3 | | (14) Willfully making or filing false records or |
4 | | reports in his or her practice, including, but not limited |
5 | | to, false records filed with state agencies or |
6 | | departments. |
7 | | (15) Willfully failing to report an instance of |
8 | | suspected child abuse or neglect as required by the Abused |
9 | | and Neglected Child Reporting Act. |
10 | | (16) Physical illness, or mental illness or impairment |
11 | | that results in the inability to practice the profession |
12 | | with reasonable judgment, skill, or safety, including, but |
13 | | not limited to, deterioration through the aging process or |
14 | | loss of motor skill. |
15 | | (17) Being named as a perpetrator in an indicated |
16 | | report by the Department of Children and Family Services |
17 | | under the Abused and Neglected Child Reporting Act, and |
18 | | upon proof by clear and convincing evidence that the |
19 | | licensee has caused a child to be an abused child or |
20 | | neglected child as defined in the Abused and Neglected |
21 | | Child Reporting Act. |
22 | | (18) Gross negligence resulting in permanent injury or |
23 | | death of a patient. |
24 | | (19) Employment of fraud, deception, or any unlawful |
25 | | means in applying for or securing a license as a licensed |
26 | | certified profession midwife. |
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1 | | (21) Immoral conduct in the commission of any act, |
2 | | including sexual abuse, sexual misconduct, or sexual |
3 | | exploitation related to the licensee's practice. |
4 | | (22) Violation of the Health Care Worker Self-Referral |
5 | | Act. |
6 | | (23) Practicing under a false or assumed name, except |
7 | | as provided by law. |
8 | | (24) Making a false or misleading statement regarding |
9 | | his or her skill or the efficacy or value of the medicine, |
10 | | treatment, or remedy prescribed by him or her in the |
11 | | course of treatment. |
12 | | (25) Allowing another person to use his or her license |
13 | | to practice. |
14 | | (26) Prescribing, selling, administering, |
15 | | distributing, giving, or self-administering a drug |
16 | | classified as a controlled substance for purposes other |
17 | | than medically-accepted therapeutic purposes. |
18 | | (27) Promotion of the sale of drugs, devices, |
19 | | appliances, or goods provided for a patient in a manner to |
20 | | exploit the patient for financial gain. |
21 | | (28) A pattern of practice or other behavior that |
22 | | demonstrates incapacity or incompetence to practice under |
23 | | this Act. |
24 | | (29) Violating State or federal laws, rules, or |
25 | | regulations relating to controlled substances or other |
26 | | legend drugs or ephedra as defined in the Ephedra |
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1 | | Prohibition Act. |
2 | | (30) Failure to establish and maintain records of |
3 | | patient care and treatment as required by law. |
4 | | (31) Attempting to subvert or cheat on the examination |
5 | | of the North American Registry of Midwives or its |
6 | | successor agency. |
7 | | (32) Willfully or negligently violating the |
8 | | confidentiality between licensed certified profession |
9 | | midwives and patient, except as required by law. |
10 | | (33) Willfully failing to report an instance of |
11 | | suspected abuse, neglect, financial exploitation, or |
12 | | self-neglect of an eligible adult as defined in and |
13 | | required by the Adult Protective Services Act. |
14 | | (34) Being named as an abuser in a verified report by |
15 | | the Department on Aging under the Adult Protective |
16 | | Services Act and upon proof by clear and convincing |
17 | | evidence that the licensee abused, neglected, or |
18 | | financially exploited an eligible adult as defined in the |
19 | | Adult Protective Services Act. |
20 | | (35) Failure to report to the Department an adverse |
21 | | final action taken against him or her by another licensing |
22 | | jurisdiction of the United States or a foreign state or |
23 | | country, a peer review body, a health care institution, a |
24 | | professional society or association, a governmental |
25 | | agency, a law enforcement agency, or a court. |
26 | | (36) Failure to provide copies of records of patient |
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1 | | care or treatment, except as required by law. |
2 | | (37) Failure of a licensee to report to the Department |
3 | | surrender by the licensee of a license or authorization to |
4 | | practice in another state or jurisdiction or current |
5 | | surrender by the licensee of membership professional |
6 | | association or society while under disciplinary |
7 | | investigation by any of those authorities or bodies for |
8 | | acts or conduct similar to acts or conduct that would |
9 | | constitute grounds for action under this Section. |
10 | | (38) Failing, within 90 days, to provide a response to |
11 | | a request for information in response to a written request |
12 | | made by the Department by certified or registered mail or |
13 | | by email to the email address of record. |
14 | | (39) Failure to supervise a midwife assistant or |
15 | | student midwife including, but not limited to, allowing a |
16 | | midwife assistant or student midwife to exceed their |
17 | | scope. |
18 | | (40) Failure to adequately inform a patient about |
19 | | their malpractice liability insurance coverage and the |
20 | | policy limits of the coverage. |
21 | | (41) Failure to submit an annual report to Department |
22 | | of Public Health. |
23 | | (42) Failure to disclose active cardiopulmonary |
24 | | resuscitation certification or neonatal resuscitation |
25 | | provider status to clients. |
26 | | (43) Engaging in one of the prohibited practices |
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1 | | provided for in Section 85 of this Act. |
2 | | (b) The Department may, without a hearing, refuse to issue |
3 | | or renew or may suspend the license of any person who fails to |
4 | | file a return, or to pay the tax, penalty, or interest shown in |
5 | | a filed return, or to pay any final assessment of the tax, |
6 | | penalty, or interest as required by any tax Act administered |
7 | | by the Department of Revenue, until the requirements of any |
8 | | such tax Act are satisfied. |
9 | | (c) The determination by a circuit court that a licensee |
10 | | is subject to involuntary admission or judicial admission as |
11 | | provided in the Mental Health and Developmental Disabilities |
12 | | Code operates as an automatic suspension. The suspension will |
13 | | end only upon a finding by a court that the patient is no |
14 | | longer subject to involuntary admission or judicial admission |
15 | | and issues an order so finding and discharging the patient, |
16 | | and upon the recommendation of the Board to the Secretary that |
17 | | the licensee be allowed to resume his or her practice. |
18 | | (d) In enforcing this Section, the Department, upon a |
19 | | showing of a possible violation, may compel an individual |
20 | | licensed to practice under this Act, or who has applied for |
21 | | licensure under this Act, to submit to a mental or physical |
22 | | examination, or both, including a substance abuse or sexual |
23 | | offender evaluation, as required by and at the expense of the |
24 | | Department. |
25 | | The Department shall specifically designate the examining |
26 | | physician licensed to practice medicine in all of its branches |
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1 | | or, if applicable, the multidisciplinary team involved in |
2 | | providing the mental or physical examination or both. The |
3 | | multidisciplinary team shall be led by a physician licensed to |
4 | | practice medicine in all of its branches and may consist of one |
5 | | or more or a combination of physicians licensed to practice |
6 | | medicine in all of its branches, licensed clinical |
7 | | psychologists, licensed clinical social workers, licensed |
8 | | clinical professional counselors, and other professional and |
9 | | administrative staff. Any examining physician or member of the |
10 | | multidisciplinary team may require any person ordered to |
11 | | submit to an examination pursuant to this Section to submit to |
12 | | any additional supplemental testing deemed necessary to |
13 | | complete any examination or evaluation process, including, but |
14 | | not limited to, blood testing, urinalysis, psychological |
15 | | testing, or neuropsychological testing. |
16 | | The Department may order the examining physician or any |
17 | | member of the multidisciplinary team to provide to the |
18 | | Department any and all records, including business records, |
19 | | that relate to the examination and evaluation, including any |
20 | | supplemental testing performed. |
21 | | The Department may order the examining physician or any |
22 | | member of the multidisciplinary team to present testimony |
23 | | concerning the mental or physical examination of the licensee |
24 | | or applicant. No information, report, record, or other |
25 | | documents in any way related to the examination shall be |
26 | | excluded by reason of any common law or statutory privilege |
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1 | | relating to communications between the licensee or applicant |
2 | | and the examining physician or any member of the |
3 | | multidisciplinary team. No authorization is necessary from the |
4 | | licensee or applicant ordered to undergo an examination for |
5 | | the examining physician or any member of the multidisciplinary |
6 | | team to provide information, reports, records, or other |
7 | | documents or to provide any testimony regarding the |
8 | | examination and evaluation. |
9 | | The individual to be examined may have, at his or her own |
10 | | expense, another physician of his or her choice present during |
11 | | all aspects of this examination. However, that physician shall |
12 | | be present only to observe and may not interfere in any way |
13 | | with the examination. |
14 | | Failure of an individual to submit to a mental or physical |
15 | | examination, when ordered, shall result in an automatic |
16 | | suspension of his or her license until the individual submits |
17 | | to the examination. |
18 | | If the Department finds an individual unable to practice |
19 | | because of the reasons set forth in this Section, the |
20 | | Department may require that individual to submit to care, |
21 | | counseling, or treatment by physicians approved or designated |
22 | | by the Department, as a condition, term, or restriction for |
23 | | continued, reinstated, or renewed licensure to practice; or, |
24 | | in lieu of care, counseling, or treatment, the Department may |
25 | | file a complaint to immediately suspend, revoke, or otherwise |
26 | | discipline the license of the individual. An individual whose |
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1 | | license was granted, continued, reinstated, renewed, |
2 | | disciplined, or supervised subject to such terms, conditions, |
3 | | or restrictions, and who fails to comply with such terms, |
4 | | conditions, or restrictions, shall be referred to the |
5 | | Secretary for a determination as to whether the individual |
6 | | shall have his or her license suspended immediately, pending a |
7 | | hearing by the Department. |
8 | | In instances in which the Secretary immediately suspends a |
9 | | person's license under this Section, a hearing on that |
10 | | person's license must be convened by the Department within 30 |
11 | | days after the suspension and completed without appreciable |
12 | | delay. The Department shall have the authority to review the |
13 | | subject individual's record of treatment and counseling |
14 | | regarding the impairment to the extent permitted by applicable |
15 | | federal statutes and regulations safeguarding the |
16 | | confidentiality of medical records. |
17 | | An individual licensed under this Act and affected under |
18 | | this Section shall be afforded an opportunity to demonstrate |
19 | | to the Department that he or she can resume practice in |
20 | | compliance with acceptable and prevailing standards under the |
21 | | provisions of his or her license. |
22 | | Section 105. Suspension of license for failure to pay |
23 | | restitution. The Department, without further process or |
24 | | hearing, shall suspend the license or other authorization to |
25 | | practice of any person issued under this Act who has been |
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1 | | certified by court order as not having paid restitution to a |
2 | | person under Section 8A-3.5 of the Illinois Public Aid Code or |
3 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or |
4 | | the Criminal Code of 2012. A person whose license or other |
5 | | authorization to practice is suspended under this Section is |
6 | | prohibited from practicing until the restitution is made in |
7 | | full. |
8 | | Section 110. Restoration of license. At any time after the |
9 | | successful completion of a term of probation, suspension, or |
10 | | revocation of any license, the Department may restore it to |
11 | | the licensee, unless after an investigation and a hearing, the |
12 | | Department determines that restoration is not in the public |
13 | | interest. Where circumstances of suspension or revocation so |
14 | | indicate, the Department may require an examination of the |
15 | | licensee prior to restoring his or her license. No person |
16 | | whose license has been revoked as authorized in this Act may |
17 | | apply for restoration of that license until provided for in |
18 | | the Civil Administrative Code of Illinois. |
19 | | A license that has been suspended or revoked shall be |
20 | | considered nonrenewed for purposes of restoration and a person |
21 | | restoring his or her license from suspension or revocation |
22 | | must comply with the requirements for restoration of a |
23 | | nonrenewed license as set forth in Section 20 and any related |
24 | | rules adopted. |
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1 | | Section 115. Surrender of license. Upon the revocation or |
2 | | suspension of any license, the licensee shall immediately |
3 | | surrender the license to the Department. If the licensee fails |
4 | | to do so, the Department shall have the right to seize the |
5 | | license. |
6 | | Section 120. Temporary suspension of license. The |
7 | | Secretary may temporarily suspend the license of a certified |
8 | | professional midwife without a hearing, simultaneously with |
9 | | the institution of proceedings for a hearing provided for in |
10 | | Section 125, if the Secretary finds that evidence in his or her |
11 | | possession indicates that continuation in practice would |
12 | | constitute an imminent danger to the public. If the Secretary |
13 | | suspends, temporarily, the license without a hearing, a |
14 | | hearing by the Department must be held within 30 days after |
15 | | such suspension has occurred, and concluded without |
16 | | appreciable delay. |
17 | | Section 125. Rehearing. If the Secretary is satisfied that |
18 | | substantial justice has not been done in the revocation, |
19 | | suspension, or refusal to issue or renew a license, the |
20 | | Secretary may order a rehearing by the same or another hearing |
21 | | officer or Board. |
22 | | Section 130. Administrative review; certification of |
23 | | record. |
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1 | | (a) All final administrative decisions of the Department |
2 | | are subject to judicial review pursuant to the provisions of |
3 | | the Administrative Review Law, and all rules adopted pursuant |
4 | | thereto. "Administrative decision" has the same meaning as |
5 | | used in Section 3-101 of the Code of Civil Procedure. |
6 | | (b) Proceedings for judicial review shall be commenced in |
7 | | the circuit court of the county in which the party applying for |
8 | | review resides, but if the party is not a resident of this |
9 | | State, venue shall be in Sangamon County. |
10 | | (c) The Department shall not be required to certify any |
11 | | record to the court, to file an answer in court, or to |
12 | | otherwise appear in any court in a judicial review proceeding |
13 | | unless and until the Department has received from the |
14 | | plaintiff payment of the costs of furnishing and certifying |
15 | | the record, which costs shall be determined by the Department. |
16 | | Exhibits shall be certified without cost. Failure on the part |
17 | | of the plaintiff to file a receipt in court is grounds for |
18 | | dismissal of the action. During the pendency and hearing of |
19 | | any and all judicial proceedings incident to the disciplinary |
20 | | action, the sanctions imposed upon the accused by the |
21 | | Department because of acts or omissions related to the |
22 | | delivery of direct patient care as specified in the |
23 | | Department's final administrative decision, shall, as a matter |
24 | | of public policy, remain in full force and effect in order to |
25 | | protect the public pending final resolution of any of the |
26 | | proceedings. |
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1 | | Section 135. Injunction. |
2 | | (a) If any person violates any provision of this Act, the |
3 | | Secretary may, in the name of the People of the State of |
4 | | Illinois, through the Attorney General, or the State's |
5 | | Attorney of any county in which the action is brought, |
6 | | petition for an order enjoining the violation or for an order |
7 | | enforcing compliance with this Act. Upon the filing of a |
8 | | verified petition in court, the court may issue a temporary |
9 | | restraining order, without notice or bond, and may |
10 | | preliminarily and permanently enjoin such violation, and if it |
11 | | is established that such person has violated or is violating |
12 | | the injunction, the Court may punish the offender for contempt |
13 | | of court. Proceedings under this Section shall be in addition |
14 | | to, and not in lieu of, all other remedies and penalties |
15 | | provided by this Act. |
16 | | (b) If any person shall practice as a certified |
17 | | professional midwife or hold himself or herself out as a |
18 | | licensed certified professional midwife without being licensed |
19 | | under the provisions of this Act, then any licensed certified |
20 | | professional midwife, any interested party, or any person |
21 | | injured thereby may, in addition to the Secretary, petition |
22 | | for relief as provided in subsection (a). |
23 | | (c) If, in the opinion of the Department, any person |
24 | | violates any provision of this Act, the Department may issue a |
25 | | rule to show cause why an order to cease and desist should not |
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1 | | be entered against him or her. The rule shall clearly set forth |
2 | | the grounds relied upon by the Department and shall provide a |
3 | | period of 7 days from the date of the rule to file an answer to |
4 | | the satisfaction of the Department. Failure to answer to the |
5 | | satisfaction of the Department shall cause an order to cease |
6 | | and desist to be issued forthwith. |
7 | | Section 140. Investigation; notice; hearing. The |
8 | | Department may investigate the actions of any applicant or of |
9 | | any person or persons holding or claiming to hold a license |
10 | | under this Act. The Department shall, before suspending, |
11 | | revoking, placing on probationary status, or taking any other |
12 | | disciplinary action as the Department may deem proper with |
13 | | regard to any license, at least 30 days prior to the date set |
14 | | for the hearing, notify the applicant or licensee in writing |
15 | | of any charges made and the time and place for a hearing of the |
16 | | charges, direct him or her to file his or her written answer |
17 | | under oath within 20 days after the service and inform the |
18 | | applicant or licensee that failure to answer will result in a |
19 | | default being entered against the applicant or licensee. As a |
20 | | result of the default, such may be suspended, revoked, placed |
21 | | on probationary status, or have other disciplinary action, |
22 | | including limiting the scope, nature or extent of his or her |
23 | | practice, as the Department may deem proper taken with regard |
24 | | thereto. Written or electronic notice may be served by |
25 | | personal delivery, email, or mail to the applicant or licensee |
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1 | | at his or her address of record or email address of record. At |
2 | | the time and place fixed in the notice, the Department shall |
3 | | proceed to hear the charges and the parties or their counsel |
4 | | shall be accorded ample opportunity to present such |
5 | | statements, testimony, evidence, and argument as may be |
6 | | pertinent to the charges or to the defense thereto. The |
7 | | Department may continue such hearing from time to time. In |
8 | | case the applicant or licensee, after receiving notice, fails |
9 | | to file an answer, his or her license may in the discretion of |
10 | | the Secretary, having received first the recommendation of the |
11 | | Board, be suspended, revoked, placed on probationary status, |
12 | | or the Secretary may take whatever disciplinary action as he |
13 | | or she may deem proper, including limiting the scope, nature, |
14 | | or extent of such person's practice, without a hearing, if the |
15 | | act or acts charged constitute sufficient grounds for such |
16 | | action under this Act. |
17 | | Section 145. Hearing report. At the conclusion of the |
18 | | hearing, the Board shall present to the Secretary a written |
19 | | report of its findings of fact, conclusions of law, and |
20 | | recommendations. The report shall contain a finding of whether |
21 | | the accused person violated this Act or failed to comply with |
22 | | the conditions required in this Act. The Board shall specify |
23 | | the nature of the violation or failure to comply, and shall |
24 | | make its recommendations to the Secretary. |
25 | | The report of findings of fact, conclusions of law, and |
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1 | | recommendation of the Board shall be the basis for the |
2 | | Department's order or refusal or for the granting of a license |
3 | | or permit. The finding is not admissible in evidence against |
4 | | the person in a criminal prosecution brought for the violation |
5 | | of this Act, but the hearing and finding are not a bar to a |
6 | | criminal prosecution brought for the violation of this Act. |
7 | | Section 150. Hearing officer. Notwithstanding the |
8 | | provisions of Section 140, the Secretary shall have the |
9 | | authority to appoint any attorney duly licensed to practice |
10 | | law in this State to serve as the hearing officer in any action |
11 | | for refusal to issue or renew, or for discipline of, a license. |
12 | | The hearing officer shall have full authority to conduct the |
13 | | hearing. The hearing officer shall report his or her findings |
14 | | of fact, conclusions of law, and recommendations to the Board |
15 | | and the Secretary. The Board shall have 60 days after receipt |
16 | | of the report to review the report of the hearing officer and |
17 | | present their findings of fact, conclusions of law, and |
18 | | recommendations to the Secretary. If the Secretary disagrees |
19 | | in any regard with the report of the Board or hearing officer, |
20 | | he or she may issue an order in contravention thereof. |
21 | | Section 155. Motion for rehearing. In any case |
22 | | involving the refusal to issue, renew, or discipline of a |
23 | | license, a copy of the Board's report shall be served upon the |
24 | | respondent by the Department, either personally or as provided |
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1 | | in this Act for the service of the notice of hearing. Within 20 |
2 | | days after such service, the respondent may present to the |
3 | | Department a motion in writing for a rehearing, which motion |
4 | | shall specify the particular grounds therefor. If no motion |
5 | | for rehearing is filed, then upon the expiration of the time |
6 | | specified for filing such a motion, or if a motion for |
7 | | rehearing is denied, then upon such denial the Secretary may |
8 | | enter an order in accordance with recommendations of the Board |
9 | | except as provided in Section 145 or 150. If the respondent |
10 | | shall order from the reporting service, and pay for a |
11 | | transcript of the record within the time for filing a motion |
12 | | for rehearing, the 20-day period within which such a motion |
13 | | may be filed shall commence upon the delivery of the |
14 | | transcript to the respondent. |
15 | | Section 160. Certification of records by Department. The |
16 | | Department shall not be required to certify any record to the |
17 | | court or file any answer in court or otherwise appear in any |
18 | | court in a judicial review proceeding, unless there is filed |
19 | | in the court, with the complaint, a receipt from the |
20 | | Department acknowledging payment of the costs of furnishing |
21 | | and certifying the record. Failure on the part of the |
22 | | plaintiff to file a receipt in court shall be grounds for |
23 | | dismissal of the action. |
24 | | Section 165. Violation. Any person who is found to have |
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1 | | knowingly violated any provision of this Act is guilty of a |
2 | | Class A misdemeanor. On conviction of a second or subsequent |
3 | | offense the violator shall be guilty of a Class 4 felony. |
4 | | Section 170. Fees. |
5 | | (a) Fees collected for the administration of this Act |
6 | | shall be set by the Department by rule. All fees are |
7 | | nonrefundable. |
8 | | (b) All moneys collected under this Act by the Department |
9 | | shall be deposited in the General Professions Dedicated Fund. |
10 | | Section 175. Returned checks; fines. Any person who |
11 | | delivers a check or other payment to the Department that is |
12 | | returned to the Department unpaid by the financial institution |
13 | | upon which it is drawn shall pay to the Department, in addition |
14 | | to the amount already owed to the Department, a fine of $50. |
15 | | The fines imposed by this Section are in addition to any other |
16 | | discipline provided under this Act for unlicensed practice or |
17 | | practice on a nonrenewed license. The Department shall notify |
18 | | the person that payment of fees and fines shall be paid to the |
19 | | Department by certified check or money order within 30 |
20 | | calendar days of the notification. If, after the expiration of |
21 | | 30 days from the date of the notification, the person has |
22 | | failed to submit the necessary remittance, the Department |
23 | | shall automatically terminate the license or certificate or |
24 | | deny the application, without hearing. If, after termination |
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1 | | or denial, the person seeks a license or certificate, he or she |
2 | | shall apply to the Department for restoration or issuance of |
3 | | the license or certificate and pay all fees and fines due to |
4 | | the Department. The Department may establish a fee for the |
5 | | processing of an application for restoration of a license or |
6 | | certificate to pay all expenses of processing this |
7 | | application. The Secretary may waive the fines due under this |
8 | | Section in individual cases where the Secretary finds that the |
9 | | fines would be unreasonable or unnecessarily burdensome. |
10 | | Section 180. Confidentiality. All information collected by |
11 | | the Department in the course of an examination or |
12 | | investigation of a licensee or applicant, including, but not |
13 | | limited to, any complaint against a licensee filed with the |
14 | | Department and information collected to investigate any such |
15 | | complaint, shall be maintained for the confidential use of the |
16 | | Department and shall not be disclosed. The Department shall |
17 | | not disclose the information to anyone other than law |
18 | | enforcement officials, regulatory agencies that have an |
19 | | appropriate regulatory interest as determined by the |
20 | | Secretary, or a party presenting a lawful subpoena to the |
21 | | Department. Information and documents disclosed to a federal, |
22 | | State, county, or local law enforcement agency shall not be |
23 | | disclosed by the agency for any purpose to any other agency or |
24 | | person. A formal complaint filed against a licensee by the |
25 | | Department or any order issued by the Department against a |
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1 | | licensee or applicant shall be a public record, except as |
2 | | otherwise prohibited by law. |
3 | | Section 185. The Regulatory Sunset Act is amended by |
4 | | changing Section 4.37 as follows: |
5 | | (5 ILCS 80/4.37) |
6 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. |
7 | | The following are repealed on January 1, 2027: |
8 | | The Clinical Psychologist Licensing Act.
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9 | | The Illinois Optometric Practice Act of 1987. |
10 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
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11 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
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12 | | The Boiler and Pressure Vessel Repairer Regulation Act. |
13 | | The Marriage and Family Therapy Licensing Act. |
14 | | The Licensed Certified Professional Midwife Practice Act. |
15 | | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; |
16 | | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. |
17 | | 8-18-17; 100-372, eff. 8-25-17.)
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18 | | Section 999. Effective date. This Act takes effect on |
19 | | January 1, 2022.".
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