Health Care Availability and Access Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 4440
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2 | AMENDMENT NO. ______. Amend House Bill 4440 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Certified
Professional Midwife Licensure Act.
| ||||||
6 | Section 5. Findings and purpose. This Act is intended to
| ||||||
7 | establish a licensing procedure for certified professional | ||||||
8 | midwives in
Illinois.
The General Assembly finds and declares | ||||||
9 | the following:
| ||||||
10 | (1) The intent of this Act is to encourage and enable | ||||||
11 | the practice of
midwifery by certified
professional | ||||||
12 | midwives so that this profession can be recognized and | ||||||
13 | regulated
independently, according to the principles | ||||||
14 | recommended by the Pew Health
Professions
Commission and | ||||||
15 | the American Public Health Association, to increase the
| ||||||
16 | availability of
midwives to meet the maternal-child health |
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| |||||||
1 | needs of Illinois families.
| ||||||
2 | (2) Consumers continue to request the care of | ||||||
3 | direct-entry midwives.
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4 | (3) Direct-entry midwives have continued to provide | ||||||
5 | services to families
in
Illinois despite being unregulated | ||||||
6 | since 1963 and have participated in national
credentialing | ||||||
7 | organized to meet professional standards.
| ||||||
8 | (4) The Midwives Model of Care, as defined by the | ||||||
9 | Midwifery Task Force,
includes (i) monitoring the | ||||||
10 | physical,
psychological, and social well-being of the | ||||||
11 | mother throughout the childbearing
cycle, (ii)
providing | ||||||
12 | the mother with individualized education, counseling, and | ||||||
13 | prenatal
care,
continuous hands-on assistance during labor | ||||||
14 | and delivery, and postpartum support, (iii)
minimizing | ||||||
15 | technological interventions, and (iv) identifying and | ||||||
16 | referring women who
require obstetrical attention. The | ||||||
17 | application of this woman-centered model of care has
been | ||||||
18 | proven to reduce the incidence of birth injury, trauma, and | ||||||
19 | Cesarean section.
| ||||||
20 | (5) In recognition of major changes in health care | ||||||
21 | regulation and
practice, the Pew
Health Professions | ||||||
22 | Commission, through its Taskforce on Health Care Workforce
| ||||||
23 | Regulation, recommends that "until national models for | ||||||
24 | scopes of practice can
be developed and adopted, states | ||||||
25 | should explore and develop mechanisms for
existing
| ||||||
26 | professions to evolve their existing scopes of practice and |
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| |||||||
1 | for new professions
(or
previously unregulated | ||||||
2 | professions) to emerge", and further recommends that "a
| ||||||
3 | number of professions and disciplines that use | ||||||
4 | non-mainstream therapies safely
and effectively should
be | ||||||
5 | recognized and regulated as appropriate".
| ||||||
6 | (6) In its April 1999 report, the Pew Health | ||||||
7 | Professions Commission, in
conjunction with the Center for | ||||||
8 | the Health Professions, recommended that
"midwives
should | ||||||
9 | be recognized as independent and collaborative | ||||||
10 | practitioners" and
recommended "legislative action that | ||||||
11 | ensures: appropriate entry-to-practice
standards"
and the
| ||||||
12 | "elimination of requirements that midwives be directed or | ||||||
13 | supervised by other
health care
professionals".
| ||||||
14 | (7) In its resolution, "Increasing access to | ||||||
15 | out-of-hospital maternity
care services
through | ||||||
16 | state-regulated and nationally-certified direct-entry | ||||||
17 | midwives", the
American
Public Health Association (i) | ||||||
18 | supports efforts to increase access to
out-of-hospital
| ||||||
19 | maternity care services and increase the range of quality | ||||||
20 | maternity care
choices available
to consumers, through | ||||||
21 | recognition that legally regulated and nationally
| ||||||
22 | certified direct-entry midwives can serve clients desiring | ||||||
23 | safe, planned,
out-of-hospital maternity care
services, | ||||||
24 | and (ii) encourages the development and implementation of | ||||||
25 | guidelines
for the
licensing and certification of | ||||||
26 | direct-entry midwives and the practice of
midwifery for use |
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1 | by state and local health agencies, health planners,
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2 | maternity care providers, and professional organizations.
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3 | Section 10. Definitions. As used in this Act:
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4 | "Approved program of midwifery education" means an | ||||||
5 | education program
accredited or pre-accredited by a | ||||||
6 | direct-entry midwifery accreditation agency
recognized by the | ||||||
7 | United States Department of Education, such as the Midwifery
| ||||||
8 | Education
Accreditation
Council (MEAC) or its successor.
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9 | "Certified professional midwife" means a person who has met | ||||||
10 | the
standards
for certification set by the North American | ||||||
11 | Registry of Midwives or its
successor and has
been awarded this | ||||||
12 | credential.
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13 | "Consultation" means the process whereby a licensed | ||||||
14 | midwife seeks the advice
or
opinion of a physician or another | ||||||
15 | member of a health care team.
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16 | "Council" means the Licensed Midwife Council.
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17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation.
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19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation.
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21 | "Informed consent" means a document that includes, but is | ||||||
22 | not limited to,
disclosure of the midwife's education, skill | ||||||
23 | level, liability insurance
coverage, and
written plan for | ||||||
24 | medical emergencies.
| ||||||
25 | "Licensed midwife" means a person who is licensed under |
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1 | this Act.
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2 | "Midwifery" means the provision, on a continuing basis and | ||||||
3 | within a health
care system that provides for consultation and | ||||||
4 | referral as needed, of the
necessary care and education to | ||||||
5 | women during pregnancy, labor, and the
postpartum and | ||||||
6 | interpartum periods;
attending deliveries that the individual | ||||||
7 | is responsible for; and caring for the
newborn infant.
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8 | "Midwifery" also includes the provision of additional primary | ||||||
9 | health care
services to women and their families, which | ||||||
10 | include, but are not limited to,
well-woman
gynecological | ||||||
11 | services such as non-pharmacological family planning and | ||||||
12 | routine
pap
smears.
| ||||||
13 | "North American Registry of Midwives" or "NARM" means the | ||||||
14 | international
agency, or its successor, that has established | ||||||
15 | and has continued to administer
certification
for the | ||||||
16 | credentialing of certified professional midwives.
| ||||||
17 | "Peer review" means an educational review process in | ||||||
18 | accordance with
current NARM peer review standards that | ||||||
19 | includes a certificate of participation
document.
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20 | "Referral" means the process whereby a licensed midwife | ||||||
21 | directs the client
to a
physician or other health care | ||||||
22 | professional for management of a particular
problem or
aspect | ||||||
23 | of the client's care.
| ||||||
24 | Section 15. License required.
| ||||||
25 | (a) Beginning July 1, 2009, no person shall practice |
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1 | midwifery in
this State without a license under this Act, | ||||||
2 | except as provided in Section 20.
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3 | (b) No person shall use in connection with the person's | ||||||
4 | name any
letters, words, or insignia indicating or implying | ||||||
5 | that the person is a
licensed
midwife unless the person is | ||||||
6 | licensed in accordance with this Act. A person so
licensed may | ||||||
7 | use the abbreviation "L.M." in connection with the person's | ||||||
8 | name.
| ||||||
9 | Section 20. Exemptions. Nothing in this Act shall be | ||||||
10 | construed to
prohibit or to require registration under this | ||||||
11 | Act, with regard to any of the
following:
| ||||||
12 | (1) The gratuitous rendering of services.
| ||||||
13 | (2) The rendering of services by a person if such | ||||||
14 | attendance is in
accordance
with the person's religious | ||||||
15 | faith and is rendered to persons with a similar
religious | ||||||
16 | faith.
| ||||||
17 | (3) Certified nurse midwives authorized under the | ||||||
18 | Advanced Practice Nursing
Board to practice in Illinois.
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19 | (4) Licensed physicians or other licensed health care | ||||||
20 | providers authorized
to
provide maternity care.
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21 | (5) Midwifery that is included in the educational | ||||||
22 | programs of student
midwives
enrolled in approved programs | ||||||
23 | of midwifery education.
| ||||||
24 | Section 25. Licensed Midwife Council. There shall
be |
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1 | established within the Department of Financial and | ||||||
2 | Professional Regulation a
Licensed Midwife Council composed of | ||||||
3 | 7 members appointed by the Secretary.
The appointed members of | ||||||
4 | the Council shall include 4 licensed
midwives and 3 consumers.
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5 | A consumer is a person who (i) has never been a midwife nor | ||||||
6 | studied to be a
midwife,
(ii) has no financial interest in the | ||||||
7 | practice of midwifery or in any health
care facility,
agency, | ||||||
8 | or insurer, and (iii) has engaged a provider who practices or | ||||||
9 | has
practiced as a
midwife in an out-of-hospital birth setting.
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10 | Of the members first appointed to
the Council, 3 members shall | ||||||
11 | be appointed for a term of 3 years, 2 members
shall
be | ||||||
12 | appointed for a term of 2 years, and 2 members shall be | ||||||
13 | appointed for a term
of one year. Thereafter, all members shall | ||||||
14 | serve 3-year terms. In making
appointments to the Council, the | ||||||
15 | Secretary shall consider the recommendations of
individuals | ||||||
16 | and organizations directly involved with midwifery in this | ||||||
17 | State. A
vacancy in an unexpired term shall be filled in the | ||||||
18 | same manner as the original
appointment. The Secretary may | ||||||
19 | remove a Council member for misconduct,
incapacity, or neglect | ||||||
20 | of duty, but only after notice and a public hearing,
unless the | ||||||
21 | notice and hearing are waived by the member in writing. The | ||||||
22 | Council
shall elect from its membership a chairperson. The | ||||||
23 | Council may meet as needed,
but shall meet at least twice a | ||||||
24 | year.
| ||||||
25 | Section 30. Powers of the Council. The Licensed
Midwife |
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1 | Council is authorized to:
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2 | (1) Conduct hearings and disciplinary conferences on | ||||||
3 | disciplinary charges
of
those licensed as provided in | ||||||
4 | Section 75 and those in violation of Section 15.
| ||||||
5 | (2) Report to the Department, upon completion of a | ||||||
6 | hearing, the disciplinary
actions recommended to be taken | ||||||
7 | against a person violating this Act.
| ||||||
8 | (3) Approve, deny, or withdraw approval of required | ||||||
9 | education and
continuing
educational programs.
| ||||||
10 | Section 35. Council members; immunity from suit. The | ||||||
11 | members of the Council
are
immune from suit in any action based | ||||||
12 | upon disciplinary proceedings or
other acts
performed as | ||||||
13 | members of the Council, except those involving willful or | ||||||
14 | wanton
misconduct.
| ||||||
15 | Section 40. Council members; compensation. Members of the | ||||||
16 | Council shall serve
without compensation, but shall be | ||||||
17 | reimbursed for actual expenses necessarily
incurred in the | ||||||
18 | discharge of their duties.
| ||||||
19 | Section 45. Powers and duties of the Department.
| ||||||
20 | (a) The Department shall exercise the powers and duties | ||||||
21 | necessary
to effectuate the purposes of this Act. None of the | ||||||
22 | functions, powers, or
duties of the Department with respect to | ||||||
23 | licensure shall be exercised by the
Department except upon |
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1 | review and approval by the Council.
| ||||||
2 | (b) The Department shall have the authority and | ||||||
3 | responsibility to:
| ||||||
4 | (1) license individuals who qualify for licensure;
and
| ||||||
5 | (2) issue quarterly reports to the Council on the | ||||||
6 | status of all formal
complaints filed by the Department and | ||||||
7 | on significant issues as determined by
the Council.
| ||||||
8 | Section 50. Eligibility.
| ||||||
9 | (a) A person is eligible to be licensed as a midwife if | ||||||
10 | that person
meets the following qualifications:
| ||||||
11 | (1) holds the credential of certified professional | ||||||
12 | midwife;
| ||||||
13 | (2) has completed an approved program of midwifery | ||||||
14 | education with a
minimum of 1,800 contact hours or its | ||||||
15 | equivalent;
| ||||||
16 | (3) is in good standing with the North American | ||||||
17 | Registry of Midwives;
| ||||||
18 | (4) participates in peer review at least twice per | ||||||
19 | year; and
| ||||||
20 | (5) provides the Department with an annually updated | ||||||
21 | informed consent
document.
| ||||||
22 | (b) For a period of 5 years following the effective date of | ||||||
23 | this Act, the
Council
shall have the authority and discretion | ||||||
24 | to license applicants who have
practiced
midwifery prior to the | ||||||
25 | effective date of this Act and have had an application
accepted |
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1 | by
the North American Registry of Midwives for certification. | ||||||
2 | Such license
shall
terminate automatically 2 years after the | ||||||
3 | date of registration unless the
applicant has, by
such time, | ||||||
4 | successfully completed the examination provided by the North
| ||||||
5 | American
Registry of Midwives.
| ||||||
6 | Section 55. Scope of practice; informed consent.
| ||||||
7 | (a) A licensed midwife may perform any of the midwifery | ||||||
8 | services
and skills established by the North American Registry | ||||||
9 | of Midwives, including,
but not limited to, antepartum, | ||||||
10 | intrapartum, and postpartum care of women;
newborn assessment | ||||||
11 | and care of newborns; and well-woman gynecology and
| ||||||
12 | non-prescriptive family
planning. However, the midwife must | ||||||
13 | practice within the standards for practice
and code of ethics | ||||||
14 | of the North American Registry of Midwives.
| ||||||
15 | (b) A copy of the informed consent document, signed and | ||||||
16 | dated by the
client, must be kept in each client's chart.
| ||||||
17 | Section 60. Application for license. A person
shall apply | ||||||
18 | for licensure as a midwife to the Secretary on a form furnished | ||||||
19 | by
the Department. The application shall be accompanied by | ||||||
20 | payment of the
specified fee and evidence that the person meets | ||||||
21 | the eligibility requirements
of
this Act.
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22 | Section 65. Renewals. A midwife license must be renewed | ||||||
23 | every 3
years. An applicant for renewal shall submit to the |
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| |||||||
1 | Department (i) a renewal
application and (ii) a
renewal fee.
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2 | Section 70. Fees. The Department shall have the authority | ||||||
3 | to (i)
charge each candidate for licensure a fee, which must be | ||||||
4 | submitted with his or
her application
and (ii) charge each | ||||||
5 | licensed midwife a fee for renewal of his or her license.
| ||||||
6 | Section 75. Disciplinary action.
| ||||||
7 | (a) A licensed midwife or applicant for licensure, renewal, | ||||||
8 | or
reinstatement shall not engage in unprofessional conduct, | ||||||
9 | which includes:
| ||||||
10 | (1) fraudulently procuring or using a license;
| ||||||
11 | (2) willfully making or filing false reports or | ||||||
12 | records, willfully impeding
or
obstructing the filing of | ||||||
13 | reports or records, or willfully failing to file
required | ||||||
14 | reports or records in the practice of midwifery;
| ||||||
15 | (3) using dishonest or misleading advertising;
| ||||||
16 | (4) failing to comply with any statutes related to the | ||||||
17 | practice of
midwifery;
| ||||||
18 | (5) conviction of a crime related to the practice of | ||||||
19 | midwifery as
described in
this Act;
| ||||||
20 | (6) failing to provide, in a timely manner, copies of | ||||||
21 | all records of the
care
provided to a person after a | ||||||
22 | written request is received from the person who
received | ||||||
23 | care; and
| ||||||
24 | (7) engaging in gross or repeated malpractice.
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1 | (b) After a hearing, and upon making a finding of | ||||||
2 | unprofessional
conduct, the Licensed Midwife Council shall (i) | ||||||
3 | reprimand
the licensed midwife or applicant, (ii) revoke the | ||||||
4 | license or refuse
to issue or renew a license, or (iii) seek an | ||||||
5 | injunction against the
continuation of the conduct.
| ||||||
6 | Section 80. Penalties. A person who knowingly violates any | ||||||
7 | of the
provisions of this Act is guilty of a Class A | ||||||
8 | misdemeanor.
| ||||||
9 | Section 85. Reimbursement. A midwife licensed to practice | ||||||
10 | midwifery
is eligible for compensation as a provider under the | ||||||
11 | Illinois Medicaid program
and any other third party | ||||||
12 | reimbursement plan, including Medicare, subject to
the
laws of | ||||||
13 | this State and applicable federal law.
| ||||||
14 | Section 90. Advertising. A person licensed under this Act | ||||||
15 | may
advertise the availability of professional services in the | ||||||
16 | public media or on
the premises where such professional | ||||||
17 | services are rendered, provided that the
advertising is | ||||||
18 | truthful and not misleading.
| ||||||
19 | Section 95. Women's rights regarding the birth of the baby.
| ||||||
20 | Women have a right to give birth where and with whom they | ||||||
21 | choose. This Act
does not prohibit the attendance at birth of | ||||||
22 | the mother's choice of family,
friends, and other persons.
|
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1 | Section 100. Liability of licensed midwives. Licensed | ||||||
2 | midwives shall be
liable
for their acts or omissions in the | ||||||
3 | performance of the services that they
provide, and no
| ||||||
4 | physician, nurse, pre-hospital emergency personnel, or health | ||||||
5 | care institution
shall be
liable for any act or omission | ||||||
6 | resulting from the administration of services by
any
licensed | ||||||
7 | midwife. The provisions of this Section shall not relieve any | ||||||
8 | other
licensed
midwife, physician, nurse, pre-hospital | ||||||
9 | emergency personnel, or health care
institution
from liability | ||||||
10 | for any willful or wanton act or omission or any act or
| ||||||
11 | omission
constituting gross negligence, or under circumstances | ||||||
12 | where a licensed midwife
has a
business relationship with any | ||||||
13 | such licensed midwife, physician, nurse,
pre-hospital
| ||||||
14 | emergency personnel, or health care institution. A physician, | ||||||
15 | nurse,
pre-hospital
emergency personnel, or health care | ||||||
16 | institution shall not be deemed to have
established a
business | ||||||
17 | relationship solely by providing consultation or accepting a | ||||||
18 | referral
from the
midwife in accordance with this Act.
| ||||||
19 | Section 105. No authority to make or promulgate rules. | ||||||
20 | Notwithstanding any other rulemaking authority that may exist, | ||||||
21 | neither the Governor nor any agency or agency head under the | ||||||
22 | jurisdiction of the Governor has any authority to make or | ||||||
23 | promulgate rules to implement or enforce the provisions of this | ||||||
24 | Act. If, however, the Governor believes that rules are |
| |||||||
| |||||||
1 | necessary to implement or enforce the provisions of this Act, | ||||||
2 | the Governor may suggest rules to the General Assembly by | ||||||
3 | filing them with the Clerk of the House and Secretary of the | ||||||
4 | Senate and by requesting that the General Assembly authorize | ||||||
5 | such rulemaking by law, enact those suggested rules into law, | ||||||
6 | or take any other appropriate action in the General Assembly's | ||||||
7 | discretion. Nothing contained in this Act shall be interpreted | ||||||
8 | to grant rulemaking authority under any other Illinois statute | ||||||
9 | where such authority is not otherwise explicitly given. For the | ||||||
10 | purposes of this Act, "rules" is given the meaning contained in | ||||||
11 | Section 1-70 of the Illinois Administrative Procedure Act, and | ||||||
12 | "agency" and "agency head" are given the meanings contained in | ||||||
13 | Sections 1-20 and 1-25 of the Illinois Administrative Procedure | ||||||
14 | Act to the extent that such definitions apply to agencies or | ||||||
15 | agency heads under the jurisdiction of the Governor. | ||||||
16 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
17 | Section 4.29 as follows: | ||||||
18 | (5 ILCS 80/4.29 new)
| ||||||
19 | Sec. 4.29. Act repealed on January 1, 2019. The following | ||||||
20 | Act is repealed on January 1, 2019: | ||||||
21 | The Certified Professional Midwife Licensure Act.
| ||||||
22 | Section 905. The Medical Practice Act of 1987 is amended by | ||||||
23 | changing
Section 4 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| ||||||
2 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
3 | Sec. 4. Exemptions.
| ||||||
4 | (a) This Act does not apply to the following:
| ||||||
5 | (1) persons lawfully carrying on their particular | ||||||
6 | profession or business
under any valid existing regulatory | ||||||
7 | Act of this State;
| ||||||
8 | (2) persons rendering gratuitous services in cases of | ||||||
9 | emergency; or
| ||||||
10 | (3) persons treating human ailments by prayer or | ||||||
11 | spiritual means as an
exercise or enjoyment of religious | ||||||
12 | freedom.
| ||||||
13 | (b) (Blank).
| ||||||
14 | (c) Nothing in this Act shall be construed as prohibiting | ||||||
15 | the practice of
midwifery by persons licensed under the | ||||||
16 | Certified Professional Midwife
Licensure Act.
| ||||||
17 | (Source: P.A. 93-379, eff. 7-24-03 .)
| ||||||
18 | Section 910. The Nurse Practice Act is amended by
changing | ||||||
19 | Section 50-15 as follows:
| ||||||
20 | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 50-15. Policy; application of Act. | ||||||
23 | (a) For the protection of life and the
promotion of health, |
| |||||||
| |||||||
1 | and the prevention of illness and communicable diseases,
any | ||||||
2 | person practicing or offering to practice advanced,
| ||||||
3 | professional, or practical
nursing in Illinois shall submit | ||||||
4 | evidence that he or she is qualified to
practice, and shall be | ||||||
5 | licensed as provided under this Act. No person shall
practice | ||||||
6 | or offer to practice advanced, professional, or practical | ||||||
7 | nursing in Illinois or
use any title, sign, card or device to | ||||||
8 | indicate that such a person is
practicing professional or | ||||||
9 | practical nursing unless such person has been
licensed under | ||||||
10 | the provisions of this Act.
| ||||||
11 | (b) This Act does not prohibit the following:
| ||||||
12 | (1) The practice of nursing in Federal employment in | ||||||
13 | the discharge of the
employee's duties by a person who is | ||||||
14 | employed by the United States
government or any bureau, | ||||||
15 | division or agency thereof and is a legally
qualified and | ||||||
16 | licensed nurse of another state or territory and not in
| ||||||
17 | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | ||||||
18 | this
Act.
| ||||||
19 | (2) Nursing that is included in the program of study by
| ||||||
20 | students
enrolled in programs of nursing or in current | ||||||
21 | nurse practice update courses
approved by the Department.
| ||||||
22 | (3) The furnishing of nursing assistance in an | ||||||
23 | emergency.
| ||||||
24 | (4) The practice of nursing by a nurse who holds an | ||||||
25 | active license in
another state when providing services to | ||||||
26 | patients in Illinois during a bonafide
emergency or in |
| |||||||
| |||||||
1 | immediate preparation for or during interstate
transit.
| ||||||
2 | (5) The incidental care of the sick by members of the | ||||||
3 | family, domestic
servants or housekeepers, or care of the | ||||||
4 | sick where treatment is by prayer
or spiritual means.
| ||||||
5 | (6) Persons from being employed as unlicensed | ||||||
6 | assistive personnel in private homes, long term care | ||||||
7 | facilities,
nurseries, hospitals or other institutions.
| ||||||
8 | (7) The practice of practical nursing by one who is a | ||||||
9 | licensed practical
nurse under the laws of another U.S. | ||||||
10 | jurisdiction and has applied in writing
to the Department, | ||||||
11 | in form and substance satisfactory to the Department,
for a | ||||||
12 | license as a licensed practical nurse and who is qualified | ||||||
13 | to receive
such license under this Act, until (i) the | ||||||
14 | expiration of 6 months after
the filing of such written | ||||||
15 | application, (ii) the withdrawal of such application,
or | ||||||
16 | (iii) the denial of such application by the Department.
| ||||||
17 | (8) The practice of advanced practice nursing by one | ||||||
18 | who is an advanced practice nurse under the laws of another | ||||||
19 | state, territory of the United States, or country and has | ||||||
20 | applied in writing to the Department, in form and substance | ||||||
21 | satisfactory to the Department, for a license as an | ||||||
22 | advanced practice nurse and who is qualified to receive | ||||||
23 | such license under this Act, until (i) the expiration of 6 | ||||||
24 | months after the filing of such written application, (ii) | ||||||
25 | the withdrawal of such application, or (iii) the denial of | ||||||
26 | such application by the Department.
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| |||||||
1 | (9) The practice of professional nursing by one who is | ||||||
2 | a registered
professional nurse under the laws of another | ||||||
3 | state, territory of the United
States or country and has | ||||||
4 | applied in writing to the Department, in form and
substance | ||||||
5 | satisfactory to the Department, for a license as a | ||||||
6 | registered
professional nurse and who is qualified to | ||||||
7 | receive such license under
Section 55-10, until (1) the | ||||||
8 | expiration of 6 months after the filing of
such written | ||||||
9 | application, (2) the withdrawal of such application, or (3)
| ||||||
10 | the denial of such application by the Department.
| ||||||
11 | (10) The practice of professional nursing that is | ||||||
12 | included in a program of
study by one who is a registered | ||||||
13 | professional nurse under the laws of
another state or | ||||||
14 | territory of the United States or foreign country,
| ||||||
15 | territory or province and who is enrolled in a graduate | ||||||
16 | nursing education
program or a program for the completion | ||||||
17 | of a baccalaureate nursing degree in
this State, which | ||||||
18 | includes clinical supervision by faculty as
determined by | ||||||
19 | the educational institution offering the program and the
| ||||||
20 | health care organization where the practice of nursing | ||||||
21 | occurs.
| ||||||
22 | (11) Any person licensed in this State under any other | ||||||
23 | Act from engaging
in the practice for which she or he is | ||||||
24 | licensed.
| ||||||
25 | (12) Delegation to authorized direct care staff | ||||||
26 | trained under Section 15.4
of the Mental Health and
|
| |||||||
| |||||||
1 | Developmental Disabilities Administrative Act consistent | ||||||
2 | with the policies of the Department. | ||||||
3 | (13) The practice of midwifery by persons licensed | ||||||
4 | under the Certified Professional Midwife Licensure Act.
| ||||||
5 | (13) Nothing in this Act shall be construed to limit the | ||||||
6 | delegation of tasks or duties by a physician, dentist, or | ||||||
7 | podiatrist to a licensed practical nurse, a registered | ||||||
8 | professional nurse, or other persons.
| ||||||
9 | (Source: P.A. 95-639, eff. 10-5-07; revised 12-7-07.)
| ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|