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Sen. Cristina Castro
Filed: 4/5/2022
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1 | | AMENDMENT TO HOUSE BILL 5012
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2 | | AMENDMENT NO. ______. Amend House Bill 5012 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Licensed Certified Professional Midwife |
5 | | Practice Act is amended by changing Sections 10, 30, 40, 55, |
6 | | 90, 125, 130, and 150 as follows: |
7 | | (225 ILCS 64/10) |
8 | | (This Section may contain text from a Public Act with a |
9 | | delayed effective date )
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10 | | (Section scheduled to be repealed on January 1, 2027) |
11 | | Sec. 10. Definitions. As used in this Act: |
12 | | "Address of record" means the designated address recorded |
13 | | by the Department in the applicant's application file or the |
14 | | licensee's licensure file as maintained by the Department. |
15 | | "Antepartum" means before labor or childbirth. |
16 | | "Board" means the Illinois Midwifery Board. |
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1 | | "Certified nurse midwife" means an individual licensed |
2 | | under the Nurse Practice Act as an advanced practice |
3 | | registered nurse and is certified as a nurse midwife. |
4 | | "Client" means a childbearing individual or newborn for |
5 | | whom a licensed certified professional midwife provides |
6 | | services. |
7 | | "Consultation" means the process by which a licensed |
8 | | certified professional midwife seeks the advice or opinion of |
9 | | another health care professional. |
10 | | "Department" means the Department of Financial and |
11 | | Professional Regulation. |
12 | | "Email address of record" means the designated email |
13 | | address of record by the Department in the applicant's |
14 | | application file or the licensee's licensure file as |
15 | | maintained by the Department. |
16 | | "Health care professional" means an advanced practice |
17 | | registered nurse or a physician licensed to practice medicine |
18 | | in all of its branches. |
19 | | "Intrapartum" means during labor and delivery or |
20 | | childbirth. |
21 | | "Licensed certified professional midwife" means a person |
22 | | who has successfully met the requirements under Section 45 of |
23 | | this Act and has been licensed by the Department . |
24 | | "Low-risk" means a low-risk pregnancy where there is an |
25 | | absence of any preexisting maternal disease, significant |
26 | | disease arising from the pregnancy, or any condition likely to |
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1 | | affect the pregnancy, including, but not limited to, those |
2 | | listed in Section 85. |
3 | | "Midwife assistant" means a person, at least 18 years of |
4 | | age, who performs basic administrative, clerical, and |
5 | | supportive services under the supervision of a certified |
6 | | professional midwife, is educated to provide both basic and |
7 | | emergency care to newborns and mothers during labor, delivery, |
8 | | and immediately postpartum, and who maintains Neonatal |
9 | | Resuscitation Program provider status and cardiopulmonary |
10 | | resuscitation certification. |
11 | | "Midwifery bridge certificate" means a certificate issued |
12 | | by the North American Registry of Midwives that documents |
13 | | completion of accredited continuing education for certified |
14 | | professional midwives based upon identified areas to address |
15 | | education in emergency skills and other competencies set by |
16 | | the international confederation of midwives. |
17 | | "Midwifery Education and Accreditation Council" or "MEAC" |
18 | | means the nationally recognized accrediting agency, or its |
19 | | successor, that establishes standards for the education of |
20 | | direct-entry midwives in the United States. |
21 | | "National Association of Certified Professional Midwives" |
22 | | or "NACPM" means the professional organization, or its |
23 | | successor, that promotes the growth and development of the |
24 | | profession of certified professional midwives. |
25 | | "North American Registry of Midwives" or "NARM" means the |
26 | | accredited international agency, or its successor |
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1 | | organization, that has established and has continued to |
2 | | administer certification for the credentialing of certified |
3 | | professional midwives, including the administration of a |
4 | | national competency examination. |
5 | | "Onset of care" means the initial prenatal visit upon an |
6 | | agreement between a licensed certified professional midwife |
7 | | and client to establish a midwife-client relationship, during |
8 | | which the licensed certified professional midwife may take a |
9 | | client's medical history, complete an exam, establish a |
10 | | client's record, or perform other services related to |
11 | | establishing care. "Onset of care" does not include an initial |
12 | | interview where information about the licensed certified |
13 | | professional midwife's practice is shared but no |
14 | | midwife-client relationship is established. |
15 | | "Pediatric health care professional" means a licensed |
16 | | physician specializing in the care of children, a family |
17 | | practice physician, or an advanced practice registered nurse |
18 | | licensed under the Nurse Practice Act and certified as a |
19 | | Pediatric Nurse Practitioner or Family Nurse Practitioner. |
20 | | "Physician" means a physician licensed under the Medical |
21 | | Practice Act of 1987 to practice medicine in all of its |
22 | | branches. |
23 | | "Postpartum period" means the first 6 weeks after |
24 | | delivery. |
25 | | "Practice of midwifery" means providing the necessary |
26 | | supervision, care, and advice to a client during a low-risk |
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1 | | pregnancy, labor, and the postpartum period, including the |
2 | | intended low-risk delivery of a child, and providing normal |
3 | | newborn care. "Practice of midwifery" does not include the |
4 | | practice of medicine or nursing. |
5 | | "Qualified midwife preceptor" means a licensed and |
6 | | experienced midwife or other health professional licensed in |
7 | | the State who participated in the clinical education of |
8 | | individuals enrolled in a midwifery education institution, |
9 | | program, or pathway accredited by the midwifery education |
10 | | accreditation council who meet the criteria for midwife |
11 | | preceptors by NARM or its successor organization. |
12 | | "Secretary" means the Secretary of Financial and |
13 | | Professional Regulation. |
14 | | "Supportive services" means simple routine medical tasks |
15 | | and procedures for which the midwife assistant or student |
16 | | midwife is appropriately trained.
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17 | | (Source: P.A. 102-683, eff. 10-1-22.) |
18 | | (225 ILCS 64/30) |
19 | | (This Section may contain text from a Public Act with a |
20 | | delayed effective date )
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21 | | (Section scheduled to be repealed on January 1, 2027) |
22 | | Sec. 30. Illinois Midwifery Board. |
23 | | (a) There is created under the authority of the Department |
24 | | the Illinois Midwifery Board, which shall consist of 9 members |
25 | | appointed by the Secretary: 5 of whom shall be licensed |
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1 | | certified professional midwives, with initial appointees |
2 | | having at least 3 years of experience in the practice of |
3 | | midwifery in an out-of-hospital setting, be certified by the |
4 | | North American Registry of Midwives, and meet the |
5 | | qualifications for licensure set forth in this Act; one of |
6 | | whom shall be an Illinois licensed physician who specializes |
7 | | in obstetrics; one of whom shall be an Illinois licensed |
8 | | advanced practice registered nurse who is a certified
nurse |
9 | | midwife who provides home birth services; one of whom shall be |
10 | | a pediatric health care professional; and one of whom shall be |
11 | | a public member. Board members shall serve 4-year terms, |
12 | | except that in the case of initial appointments, terms shall |
13 | | be staggered as follows: 4 members shall serve for 4 years, 3 |
14 | | members shall serve for 3 years, and 2 members shall serve for |
15 | | 2 years. The Board shall annually elect a chairperson and vice |
16 | | chairperson. All board members must be residents of this |
17 | | State. All board members, except for the public member, must |
18 | | be licensed in good standing and, at the time of appointment, |
19 | | actively engaged in their respective professions. |
20 | | (b) Any appointment made to fill a vacancy shall be for the |
21 | | unexpired portion of the term. Appointments to fill vacancies |
22 | | shall be made in the same manner as original appointments. No |
23 | | Board member may be reappointed for a term that would cause his |
24 | | or her continuous service on the Board to exceed 10 years. |
25 | | (c) Board membership must have a reasonable representation |
26 | | from different geographic areas of this State, if possible. |
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1 | | (d) The Secretary may solicit board recommendations from |
2 | | midwifery organizations. |
3 | | (e) The members of the Board may be reimbursed for all |
4 | | legitimate, necessary, and authorized expenses incurred in |
5 | | attending the meetings of the Board. |
6 | | (f) The Secretary may remove any member of the Board for |
7 | | misconduct, incapacity, or neglect of duty at any time prior |
8 | | to the expiration of his or her term. |
9 | | (g) Five Board members shall constitute a quorum. A |
10 | | vacancy in the membership of the Board shall not impair the |
11 | | right of a quorum to perform all of the duties of the Board. |
12 | | (h) The Board may provide the Department with |
13 | | recommendations concerning the administration of this Act and |
14 | | may perform each of the following duties:
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15 | | (1) Recommend to the Department the prescription and, |
16 | | from time to time, the revision of any rules that may be |
17 | | necessary to carry out the provisions of this Act, |
18 | | including those that are designed to protect the health, |
19 | | safety, and welfare of the public. |
20 | | (2) Recommend changes to the medication formulary list |
21 | | as standards and drug availability change. |
22 | | (3) Participate in disciplinary conferences and |
23 | | hearings. |
24 | | (4) Make recommendations to the Department regarding |
25 | | disciplinary action taken against a licensee as provided |
26 | | under this Act. |
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1 | | (5) Recommend the approval, denial of approval, and |
2 | | withdrawal of approval of required education and |
3 | | continuing educational programs. |
4 | | (i) Members of the Board shall be immune from suit in an |
5 | | action based upon a disciplinary proceeding or other activity |
6 | | performed in good faith as a member of the Board, except for |
7 | | willful or wanton misconduct.
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8 | | (Source: P.A. 102-683, eff. 10-1-22.) |
9 | | (225 ILCS 64/40) |
10 | | (This Section may contain text from a Public Act with a |
11 | | delayed effective date )
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12 | | (Section scheduled to be repealed on January 1, 2027) |
13 | | Sec. 40. Use of title. No person may use the title |
14 | | "licensed midwife" , to describe or imply that he or she is a |
15 | | licensed midwife , or represent himself or herself as a |
16 | | licensed midwife unless the person is granted a license under |
17 | | this Act or is licensed as an advanced practice registered |
18 | | nurse with certification as a nurse midwife.
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19 | | (Source: P.A. 102-683, eff. 10-1-22.) |
20 | | (225 ILCS 64/55) |
21 | | (This Section may contain text from a Public Act with a |
22 | | delayed effective date )
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23 | | (Section scheduled to be repealed on January 1, 2027) |
24 | | Sec. 55. Expiration; renewal of licensure. The expiration |
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1 | | date and renewal period for each license issued under this Act |
2 | | shall be set by rule. The holder of a license may renew the |
3 | | license during the month preceding the expiration date of the |
4 | | license by paying the required fee. It is the responsibility |
5 | | of the licensee to notify the Department in writing of a change |
6 | | of address required for the renewal of a license under this |
7 | | Act. Applicants have 3 years from the date of application to |
8 | | complete the application process. If the process has not been |
9 | | completed in 3 years, the application shall be denied, the fee |
10 | | shall be forfeited, and the applicant must reapply and meet |
11 | | the requirements in effect at the time of reapplication. |
12 | | The Department may adopt rules for continuing education |
13 | | for licensed certified professional midwives licensed under |
14 | | this Act that require 20 hours of continuing education per |
15 | | 2-year license renewal cycle. The rules shall address |
16 | | variances in part or in whole for good cause, including |
17 | | without limitation, illness or hardship. The rules must ensure |
18 | | that licensees are given the opportunity to participate in |
19 | | programs sponsored by or through their State or national |
20 | | professional associations, hospitals, or other providers of |
21 | | continuing education. Each licensee is responsible for |
22 | | maintaining records of completion of continuing education and |
23 | | shall be prepared to produce the records when requested by the |
24 | | Department. |
25 | | Any licensed certified professional midwife who has |
26 | | permitted his or her license to expire or who has had his or |
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1 | | her license on inactive status may have the license restored |
2 | | by applying to the Department and filing proof acceptable to |
3 | | the Department of his or her fitness to have the license |
4 | | restored, and by paying the required fees. Proof of fitness |
5 | | may include sworn evidence certifying to active lawful |
6 | | practice in another jurisdiction. |
7 | | If the licensed certified professional midwife has not |
8 | | maintained an active practice in another jurisdiction |
9 | | satisfactory to the Department, the Department shall |
10 | | determine, by an evaluation program established by rule, his |
11 | | or her fitness for restoration of the license and shall |
12 | | establish procedures and requirements for such restoration. |
13 | | However, any licensed certified professional midwife whose |
14 | | license expired while he or she was (1) in federal or State |
15 | | service on active duty, or (2) in training or education under |
16 | | the supervision of the United States preliminary to induction |
17 | | into the military service, may have the license restored |
18 | | without paying any lapsed renewal fees if, within 2 years |
19 | | after termination of such service, training, or education, he |
20 | | or she furnishes the Department with satisfactory evidence to |
21 | | the effect that he or she has been so engaged and that his or |
22 | | her service, training, or education has been terminated.
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23 | | (Source: P.A. 102-683, eff. 10-1-22.) |
24 | | (225 ILCS 64/90) |
25 | | (This Section may contain text from a Public Act with a |
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1 | | delayed effective date )
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2 | | (Section scheduled to be repealed on January 1, 2027) |
3 | | Sec. 90. Annual Reports. |
4 | | (a) A licensed certified professional midwife shall |
5 | | annually report to the Department of Public Health, by no |
6 | | later than March 31 of each year, in a manner specified by the |
7 | | Department of Public Health, the following information |
8 | | regarding cases in which the licensed certified professional |
9 | | midwife assisted during the previous calendar year when the |
10 | | intended place of birth at the onset of care was an |
11 | | out-of-hospital setting: |
12 | | (1) the total number of patients served at the onset |
13 | | of care; |
14 | | (2) the number, by county, of live births attended; |
15 | | (3) the number, by county, of cases of fetal demise, |
16 | | infant deaths, and maternal deaths attended at the |
17 | | discovery of the demise or death; |
18 | | (4) the number of women whose care was transferred to |
19 | | another health care professional during the antepartum |
20 | | period and the reason for transfer; |
21 | | (5) the number, reason for, and outcome of each |
22 | | nonemergency hospital transfer during the intrapartum or |
23 | | postpartum period; |
24 | | (6) the number, reason for, and outcome of each urgent |
25 | | or emergency transport of an expectant childbearing |
26 | | 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) (Blank). The Board shall maintain the confidentiality |
14 | | of any 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) (Blank). Reports are confidential under Section 180 of |
20 | | this Act.
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21 | | (Source: P.A. 102-683, eff. 10-1-22.) |
22 | | (225 ILCS 64/125) |
23 | | (This Section may contain text from a Public Act with a |
24 | | delayed effective date )
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25 | | (Section scheduled to be repealed on January 1, 2027) |
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1 | | Sec. 125. Rehearing. If the Secretary is satisfied that |
2 | | substantial justice has not been done in the revocation, |
3 | | suspension, or refusal to issue or renew a license, the |
4 | | Secretary may order a rehearing by the same or another hearing |
5 | | officer or Board .
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6 | | (Source: P.A. 102-683, eff. 10-1-22.) |
7 | | (225 ILCS 64/130) |
8 | | (This Section may contain text from a Public Act with a |
9 | | delayed effective date )
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10 | | (Section scheduled to be repealed on January 1, 2027) |
11 | | Sec. 130. Administrative review; certification of record. |
12 | | (a) All final administrative decisions of the Department |
13 | | are subject to judicial review pursuant to the provisions of |
14 | | the Administrative Review Law, and all rules adopted pursuant |
15 | | thereto. "Administrative decision" has the same meaning as |
16 | | used in Section 3-101 of the Code of Civil Procedure. |
17 | | (b) Proceedings for judicial review shall be commenced in |
18 | | the circuit court of the county in which the party applying for |
19 | | review resides, but if the party is not a resident of this |
20 | | State, venue shall be in Sangamon County. |
21 | | (c) The Department shall not be required to certify any |
22 | | record to the court, to file an answer in court, or to |
23 | | otherwise appear in any court in a judicial review proceeding |
24 | | unless and until the Department has received from the |
25 | | plaintiff payment of the costs of furnishing and certifying |
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1 | | the record, which costs shall be determined by the Department. |
2 | | Exhibits shall be certified without cost. Failure on the part |
3 | | of the plaintiff to file a receipt in court is grounds for |
4 | | dismissal of the action. During the pendency and hearing of |
5 | | any and all judicial proceedings incident to the disciplinary |
6 | | action, the sanctions imposed upon the accused by the |
7 | | Department because of acts or omissions related to the |
8 | | delivery of direct patient care as specified in the |
9 | | Department's final administrative decision, shall, as a matter |
10 | | of public policy, remain in full force and effect in order to |
11 | | protect the public pending final resolution of any of the |
12 | | proceedings.
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13 | | (Source: P.A. 102-683, eff. 10-1-22.) |
14 | | (225 ILCS 64/150) |
15 | | (This Section may contain text from a Public Act with a |
16 | | delayed effective date )
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17 | | (Section scheduled to be repealed on January 1, 2027) |
18 | | Sec. 150. Hearing officer. Notwithstanding the provisions |
19 | | of Section 140, the Secretary shall have the authority to |
20 | | appoint any attorney duly licensed to practice law in this |
21 | | State to serve as the hearing officer in any action for refusal |
22 | | to issue or renew, or for discipline of, a license. The hearing |
23 | | officer shall have full authority to conduct the hearing. The |
24 | | hearing officer shall report his or her findings of fact, |
25 | | conclusions of law, and recommendations to the Board and the |
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1 | | Secretary. The Board shall have 60 days after receipt of the |
2 | | report to review the report of the hearing officer and present |
3 | | their findings of fact, conclusions of law, and |
4 | | recommendations to the Secretary. If the Secretary disagrees |
5 | | in any regard with the report of the Board or hearing officer, |
6 | | he or she may issue an order in contravention thereof.
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7 | | (Source: P.A. 102-683, eff. 10-1-22.) |
8 | | (225 ILCS 64/160 rep.) |
9 | | Section 10. The Licensed Certified Professional Midwife |
10 | | Practice Act is amended by repealing Section 160.
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11 | | Section 95. No acceleration or delay. Where this Act makes |
12 | | changes in a statute that is represented in this Act by text |
13 | | that is not yet or no longer in effect (for example, a Section |
14 | | represented by multiple versions), the use of that text does |
15 | | not accelerate or delay the taking effect of (i) the changes |
16 | | made by this Act or (ii) provisions derived from any other |
17 | | Public Act. |
18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.".
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