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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Home | ||||||||||||||||||||||||||||||
5 | Birth Safety 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 and hold the title of Licensed | ||||||||||||||||||||||||||||||
13 | Midwife, to promote high standards of professional performance | ||||||||||||||||||||||||||||||
14 | for those licensed to practice midwifery in out-of-hospital | ||||||||||||||||||||||||||||||
15 | settings in this State, and to protect the public from | ||||||||||||||||||||||||||||||
16 | unprofessional conduct by persons licensed to practice | ||||||||||||||||||||||||||||||
17 | midwifery, as defined in this Act. This Act shall be liberally | ||||||||||||||||||||||||||||||
18 | construed to best carry out these purposes. | ||||||||||||||||||||||||||||||
19 | Section 10. Exemptions. | ||||||||||||||||||||||||||||||
20 | (a) This Act does not prohibit a person licensed under any | ||||||||||||||||||||||||||||||
21 | other Act in this State from engaging in the practice for which | ||||||||||||||||||||||||||||||
22 | he or she is licensed or from delegating services as provided |
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1 | for under that other Act. | ||||||
2 | (b) Nothing in this Act shall be construed to prohibit or | ||||||
3 | require licensing under this Act, with regard to a student | ||||||
4 | midwife working under the direction of a licensed midwife. | ||||||
5 | Section 15. Definitions. In this Act:
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6 | "Board" means the Illinois Midwifery Board. | ||||||
7 | "Certified professional midwife" means a person who has met | ||||||
8 | the standards for certification set by the North American | ||||||
9 | Registry of Midwives or a successor organization and has been | ||||||
10 | awarded the Certified Professional Midwife (CPM) credential. | ||||||
11 | "Department" means the Department of Financial and | ||||||
12 | Professional Regulation. | ||||||
13 | "Licensed midwife" means a person who has been granted a | ||||||
14 | license under this Act to engage in the practice of midwifery. | ||||||
15 | "National Association of Certified Professional Midwives" | ||||||
16 | or "NACPM" means the professional organization, or its | ||||||
17 | successor, that promotes the growth and development of the | ||||||
18 | profession of certified professional midwives. | ||||||
19 | "North American Registry of Midwives" or "NARM" means the | ||||||
20 | accredited international agency, or its successor, that has | ||||||
21 | established and has continued to administer certification for | ||||||
22 | the credentialing of certified professional midwives. | ||||||
23 | "Practice of midwifery" means providing the necessary | ||||||
24 | supervision, care, education, and advice to women during the | ||||||
25 | antepartum, intrapartum, and postpartum period, conducting |
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1 | deliveries independently, and caring for the newborn, with such | ||||||
2 | care including without limitation preventative measures, the | ||||||
3 | detection of abnormal conditions in the mother and the child, | ||||||
4 | the procurement of medical assistance, and the execution of | ||||||
5 | emergency measures in the absence of medical help. "Practice of | ||||||
6 | midwifery" includes non-prescriptive family planning. | ||||||
7 | "Secretary" means the Secretary of Financial and | ||||||
8 | Professional Regulation.
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9 | Section 20. Unlicensed practice. Beginning 3 years after | ||||||
10 | the effective date of this Act, no person may practice, attempt | ||||||
11 | to practice, or hold himself or herself out to practice as a | ||||||
12 | licensed midwife unless he or she is licensed as a midwife | ||||||
13 | under this Act.
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14 | Section 25. Title.
A licensed midwife may identify himself | ||||||
15 | or herself as a Licensed Midwife or a Licensed Homebirth | ||||||
16 | Midwife and may use the abbreviation L.M. A licensed midwife | ||||||
17 | who carries the CPM credential may alternately identify himself | ||||||
18 | or herself as a Licensed Certified Professional Midwife or | ||||||
19 | Licensed CPM and may use the abbreviation LM, CPM. | ||||||
20 | Section 30. Informed consent. | ||||||
21 | (a) A licensed midwife shall, at an initial consultation | ||||||
22 | with a client, provide a copy of the rules under this Act and | ||||||
23 | disclose to the client orally and in writing all of the |
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1 | following: | ||||||
2 | (1) The licensed midwife's experience and training. | ||||||
3 | (2) Whether the licensed midwife has malpractice | ||||||
4 | liability insurance coverage and the policy limits of any | ||||||
5 | such coverage. | ||||||
6 | (3) A written protocol for the handling of medical | ||||||
7 | emergencies, including transportation to a hospital, | ||||||
8 | particular to each client. | ||||||
9 | (4) A notice that the client must obtain a physical | ||||||
10 | examination from a physician licensed to practice medicine | ||||||
11 | in all its branches, doctor of osteopathy, physician | ||||||
12 | assistant, or advanced practice nurse. | ||||||
13 | (b) A copy of the informed consent document, signed and | ||||||
14 | dated by the client, must be kept in each client's chart.
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15 | Section 33. Vicarious liability. No other licensed | ||||||
16 | midwife, doctor of medicine, doctor of osteopathy, | ||||||
17 | acupuncturist, chiropractor, midwife, nurse midwife, emergency | ||||||
18 | medical personnel, first responder, or hospital or agent | ||||||
19 | thereof shall be liable for an injury resulting from an act or | ||||||
20 | omission by a licensed midwife, even if he or she has consulted | ||||||
21 | with or accepted a referral from the licensed midwife.
Except | ||||||
22 | as otherwise provided by law, no licensed midwife, doctor of | ||||||
23 | medicine, doctor of osteopathy, acupuncturist, chiropractor, | ||||||
24 | midwife, nurse-midwife, emergency medical personnel, first | ||||||
25 | responder, or hospital or agent thereof may be exempt from |
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1 | liability for his or her own subsequent and independent | ||||||
2 | negligent, grossly negligent, or willful or wanton acts or | ||||||
3 | omissions.
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4 | Section 35. Advertising. | ||||||
5 | (a) Any person licensed under this Act may advertise the | ||||||
6 | availability of professional midwifery services in the public | ||||||
7 | media or on premises where professional services are rendered, | ||||||
8 | if the advertising is truthful and not misleading and is in | ||||||
9 | conformity with any rules regarding the practice of a licensed | ||||||
10 | midwife.
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11 | (b) A licensee must include in every advertisement for | ||||||
12 | midwifery services regulated under this Act his or her title as | ||||||
13 | it appears on the license or the initials authorized under this | ||||||
14 | Act.
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15 | Section 40. Powers and duties of the Department; rules. | ||||||
16 | (a) Administration by the Department of this Act must be | ||||||
17 | consistent with standards regarding the practice of midwifery | ||||||
18 | established by the National Association of Certified | ||||||
19 | Professional Midwives or a successor organization whose | ||||||
20 | essential documents include without limitation subject matter | ||||||
21 | concerning scope of practice, standards of practice, informed | ||||||
22 | consent, appropriate consultation, collaboration or referral, | ||||||
23 | and acknowledgement of a woman's right to self determination | ||||||
24 | concerning her maternity care. |
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1 | (b) Rules prescribed by the Department under this Act must | ||||||
2 | provide for the scope of practice, including all of the | ||||||
3 | following:
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4 | (1) With regard to testing, care, and screening, a | ||||||
5 | licensed midwife shall: | ||||||
6 | (A) offer each client routine prenatal care and | ||||||
7 | testing in accordance with current American College of | ||||||
8 | Obstetricians and Gynecologists guidelines; | ||||||
9 | (B) provide all clients with a plan for 24-hour | ||||||
10 | on-call availability by a licensed midwife, certified | ||||||
11 | nurse-midwife, or licensed physician throughout | ||||||
12 | pregnancy, intrapartum, and 6 weeks postpartum; | ||||||
13 | (C) provide clients with labor support, fetal | ||||||
14 | monitoring, and routine assessment of vital signs once | ||||||
15 | active labor is established; | ||||||
16 | (D) supervise delivery of infant and placenta, | ||||||
17 | assess newborn and maternal well-being in immediate | ||||||
18 | postpartum, and perform Apgar scores; | ||||||
19 | (E) perform routine cord management and inspect | ||||||
20 | for the appropriate number of vessels; | ||||||
21 | (F) inspect the placenta and membranes for | ||||||
22 | completeness; | ||||||
23 | (G) inspect the perineum and vagina postpartum for | ||||||
24 | lacerations and stabilize;
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25 | (H) observe mother and newborn postpartum until | ||||||
26 | stable condition is achieved, but in no event for less |
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1 | than 2 hours; | ||||||
2 | (I) instruct the mother, father, and other support | ||||||
3 | persons, both verbally and in writing, of the special | ||||||
4 | care and precautions for both mother and newborn in the | ||||||
5 | immediate postpartum period; | ||||||
6 | (J) reevaluate maternal and newborn well-being | ||||||
7 | within 36 hours after delivery.
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8 | (K) use universal precautions with all biohazard | ||||||
9 | materials; | ||||||
10 | (L) ensure that a birth certificate is accurately | ||||||
11 | completed and filed in accordance with State law; | ||||||
12 | (M) offer to obtain and submit a blood sample, in | ||||||
13 | accordance with the recommendations for metabolic | ||||||
14 | screening of the newborn; | ||||||
15 | (N) offer an injection of vitamin K for the | ||||||
16 | newborn, in accordance with the indication, dose, and | ||||||
17 | administration route set forth in this Section. | ||||||
18 | (O) within one week after delivery, offer a newborn | ||||||
19 | hearing screening to every newborn or refer the parents | ||||||
20 | to a facility with a newborn hearing screening program; | ||||||
21 | (P) within 2 hours after the birth, offer the | ||||||
22 | administration of anti-biotic ointment into the eyes | ||||||
23 | of the newborn, in accordance with State law on the | ||||||
24 | prevention of infant blindness; and | ||||||
25 | (Q) maintain adequate antenatal and perinatal | ||||||
26 | records of each client and provide records to |
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1 | consulting licensed physicians and licensed certified | ||||||
2 | nurse-midwives, in accordance with the federal Health | ||||||
3 | Insurance Portability and Accountability Act. | ||||||
4 | (2) With regard to prescription drugs, devices, and | ||||||
5 | procedures, licensed midwives may administer the following | ||||||
6 | medications during the practice of midwifery: | ||||||
7 | (A) oxygen for the treatment of fetal distress; | ||||||
8 | (B) the following eye prophylactics: 0.5% | ||||||
9 | Erythromycin ophthalmic ointment or 1% Tetracycline | ||||||
10 | ophthalmic ointment for the prevention of neonatal | ||||||
11 | ophthalmia; | ||||||
12 | (C) Oxytocin or Pitocin as a postpartum | ||||||
13 | antihemorrhagic agent; | ||||||
14 | (D) Methylergonovine or Methergine for the | ||||||
15 | treatment of postpartum hemorrhage; | ||||||
16 | (E) Vitamin K for the prophylaxis of hemorrhagic | ||||||
17 | disease of the newborn; | ||||||
18 | (F) Rho(D) immune globulin for the prevention of | ||||||
19 | Rho(D) sensitization in Rho negative women; | ||||||
20 | (G) Lactated Ringers IV solution may be used for | ||||||
21 | maternal stabilization; | ||||||
22 | (H) Lidocain as a numbing agent for repair of | ||||||
23 | postpartum tears; and | ||||||
24 | (I) sterile water subcutaneous injections as a | ||||||
25 | non-pharmacological form of pain relief during the | ||||||
26 | first and second stages of labor. |
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1 | The medication indications, dose, route of | ||||||
2 | administration and duration of treatment relating to the | ||||||
3 | administration of drugs and procedures identified under | ||||||
4 | this item (2) are as follows: | ||||||
5 | Medication: Oxygen | ||||||
6 | Indication: Fetal distress | ||||||
7 | Maternal dose: 6-8 L/minute | ||||||
8 | Route of Administration: Mask | ||||||
9 | Duration of Treatment: Until delivery or transfer to a | ||||||
10 | hospital is complete | ||||||
11 | Infant dose: 10-12 L/minute | ||||||
12 | Route of Administration: Bag and mask | ||||||
13 | Infant dose: 2-4 L/minute | ||||||
14 | Route of Administration: Mask | ||||||
15 | Duration of Treatment: 20 minutes or until transfer to a | ||||||
16 | hospital is complete | ||||||
17 | Medication: 0.5% Erythromycin ophthalmic ointment or 1% | ||||||
18 | Tetracycline ophthalmic ointment | ||||||
19 | Indication: Prophylaxis of Neonatal Ophthalmia | ||||||
20 | Dose: 1 cm ribbon in each eye from unit dose package | ||||||
21 | Route of Administration: Topical | ||||||
22 | Duration of Treatment: 1 dose | ||||||
23 | Medication: Oxytocin (Pitocin), 10 units/ml | ||||||
24 | Indication: Postpartum hemorrhage only, 10-20 units, |
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1 | Dose: 1-2 ml | ||||||
2 | Route of Administration: Intramuscularly only | ||||||
3 | Duration of Treatment: 1-2 doses | ||||||
4 | Medication: Methylergonovine (Methergine), 0.2 mg/ml or | ||||||
5 | 0.2 mg tabs | ||||||
6 | Indication: Postpartum hemorrhage only | ||||||
7 | Dose: 0.2 mg | ||||||
8 | Route of administration: Intramuscularly or orally single | ||||||
9 | dose | ||||||
10 | Duration of treatment: Every 6 hours, may repeat 3 times | ||||||
11 | Contraindicated in hypertension and Raynaud's Disease | ||||||
12 | Medication: Misoprostol (Cytotec), 100-200 mcg
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13 | Indication: Treatment of postpartum hemorrhage
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14 | Dose: 100-200mcg tablet
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15 | Route of administration: 100-1000mcg orally or rectally, | ||||||
16 | caution with Inflammatory Bowel Disease | ||||||
17 | Medication: Vitamin K, 1.0 mg/0.5 ml | ||||||
18 | Indication: Prophylaxis of hemorrhagic disease of the | ||||||
19 | newborn | ||||||
20 | Dose: 0.5-1.0 mg, 0.25-0.5 ml | ||||||
21 | Route of administration: Intramuscularly | ||||||
22 | Duration of treatment: Single dose |
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1 | Medication: Rho(D) Immune Globulin | ||||||
2 | Indication: Prevention of Rho(D) sensitization in Rho(D) | ||||||
3 | negative women | ||||||
4 | Dose: Unit dose | ||||||
5 | Route of administration: Intramuscularly only | ||||||
6 | Duration of treatment: (i) Single dose at any gestation for | ||||||
7 | Rho(D) negative, antibody negative women within 72 hours | ||||||
8 | after spontaneous bleeding, (ii) single dose at 26-28 weeks | ||||||
9 | gestation for Rho(D) negative, antibody negative women, | ||||||
10 | and (iii) single dose for Rho(D) negative, antibody | ||||||
11 | negative women within 72 hours after delivery of Rho(D) | ||||||
12 | positive infant or infant with an unknown blood type | ||||||
13 | Medication: 5% dextrose in lactated Ringer's solution | ||||||
14 | (D5LR), unless unavailable or impractical in which case | ||||||
15 | 0.9% sodium chloride may be administered
Indication: To | ||||||
16 | achieve maternal stabilization during uncontrolled | ||||||
17 | postpartum hemorrhage or anytime blood loss is accompanied | ||||||
18 | by tachycardia, hypotension, decreased level of | ||||||
19 | consciousness, pallor or diaphoresis
Route of | ||||||
20 | administration: First liter run in at a wide-open rate, the | ||||||
21 | second liter titrated to client's condition
Duration of | ||||||
22 | treatment: IV catheter 18 gauge or greater (2 if hemorrhage | ||||||
23 | is severe) | ||||||
24 | Medication/Procedure: Sterile water papules |
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1 | Indication: For labor pain in the first and second stages | ||||||
2 | of labor | ||||||
3 | Dose: 4 injections of 0.25 ml at each injection sight | ||||||
4 | Route of administration: 4 subcutaneous injections in the | ||||||
5 | small of the back | ||||||
6 | Duration of treatment: Every 2 hours until no longer | ||||||
7 | necessary or delivery | ||||||
8 | (3) With regard to consultation and referral, a | ||||||
9 | licensed midwife shall consult with a licensed physician or | ||||||
10 | a licensed certified nurse midwife providing obstetrical | ||||||
11 | care, whenever there are significant deviations, including | ||||||
12 | abnormal laboratory results, relative to a client's | ||||||
13 | pregnancy or to a neonate. If a referral to a physician or | ||||||
14 | certified nurse midwife is needed, the licensed midwife | ||||||
15 | shall refer the client to a physician or certified nurse | ||||||
16 | midwife and, if possible, remain in consultation with the | ||||||
17 | physician or certified nurse midwife until resolution of | ||||||
18 | the concern; however, consultation does not preclude the | ||||||
19 | possibility of an out-of-hospital birth. It is appropriate | ||||||
20 | for the licensed midwife to maintain care of the client to | ||||||
21 | the greatest degree possible, in accordance with the | ||||||
22 | client's wishes, during the pregnancy and, if possible, | ||||||
23 | during labor, birth and the postpartum period. | ||||||
24 | A licensed midwife shall consult with a physician | ||||||
25 | licensed to practice medicine in all of its branches, a | ||||||
26 | physician assistant licensed under the Physician Assistant |
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1 | Act of 1987, or an advanced practice nurse licensed under | ||||||
2 | the Nurse Practice Act with regard to any mother who, | ||||||
3 | during antepartum, presents with or develops any of the | ||||||
4 | following risk factors or presents with or develops other | ||||||
5 | risk factors that, in the judgment of the licensed midwife, | ||||||
6 | warrant consultation: | ||||||
7 | (A) Pregnancy induced hypertension, as evidenced | ||||||
8 | by a blood pressure of 140/90 on 2 occasions greater | ||||||
9 | than 6 hours apart. | ||||||
10 | (B) Persistent, severe headaches, epigastric pain, | ||||||
11 | or visual disturbances. | ||||||
12 | (C) Persistent symptoms of urinary tract | ||||||
13 | infection. | ||||||
14 | (D) Significant vaginal bleeding before the onset | ||||||
15 | of labor not associated with uncomplicated spontaneous | ||||||
16 | abortion. | ||||||
17 | (E) Rupture of membranes prior to the 37th week | ||||||
18 | gestation. | ||||||
19 | (F) Noted abnormal decrease in or cessation of | ||||||
20 | fetal movement. | ||||||
21 | (G) Anemia resistant to supplemental therapy. | ||||||
22 | (H) Fever of 102 degrees F or 39 degrees C or | ||||||
23 | greater for more than 24 hours. | ||||||
24 | (I) Non-vertex presentation after 38 weeks | ||||||
25 | gestation. | ||||||
26 | (J) Hyperemisis or significant dehydration. |
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1 | (K) ISO immunization, Rh negative sensitized, | ||||||
2 | positive titers, or any other positive antibody titer, | ||||||
3 | which may have a detrimental effect on the mother or | ||||||
4 | fetus. | ||||||
5 | (L) Elevated blood glucose levels unresponsive to | ||||||
6 | dietary management. | ||||||
7 | (M) Positive HIV antibody test. | ||||||
8 | (N) Primary genital herpes infection in pregnancy. | ||||||
9 | (O) Symptoms of malnutrition or anorexia or | ||||||
10 | protracted weight loss or failure to gain weight. | ||||||
11 | (P) Suspected deep vein thrombosis. | ||||||
12 | (Q) Documented placental anomaly or previa. | ||||||
13 | (R) Documented low lying placenta after 28 weeks | ||||||
14 | gestation. | ||||||
15 | (S) Labor prior to the 37th week of gestation. | ||||||
16 | (T) History of any prior uterine incision. A woman | ||||||
17 | who has had a previous low transverse cesarean section | ||||||
18 | (LTSC) with a subsequent vaginal birth may be | ||||||
19 | considered for home birth. A woman with a prior LTCS | ||||||
20 | and no subsequent vaginal birth after cesarean or other | ||||||
21 | uterine surgeries, may be managed antepartally with | ||||||
22 | consultation, but will be transferred to the | ||||||
23 | consultant's care for delivery.
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24 | (U) Lie other than vertex at term. | ||||||
25 | (V) Multiple gestation. | ||||||
26 | (W) Known fetal anomalies that may be affected by |
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1 | the site of birth. | ||||||
2 | (X) Marked abnormal fetal heart tones. | ||||||
3 | (Y) Abnormal non-stress test or abnormal | ||||||
4 | biophysical profile. | ||||||
5 | (Z) Marked or severe poly or oligo hydramnios. | ||||||
6 | (AA) Evidence of intrauterine growth | ||||||
7 | restriction. | ||||||
8 | (BB) Significant abnormal ultrasound findings. | ||||||
9 | (CC) Gestation beyond 42 weeks by reliable | ||||||
10 | confirmed dates. | ||||||
11 | A licensed midwife shall consult with a licensed physician | ||||||
12 | or certified nurse-midwife with regard to any mother who, | ||||||
13 | during intrapartum, presents with or develops any of the | ||||||
14 | following risk factors or presents with or develops other | ||||||
15 | risk factors that, in the judgment of the licensed midwife, | ||||||
16 | warrant consultation: | ||||||
17 | (A) Rise in blood pressure above baseline, more | ||||||
18 | than 30/15 points or greater than 140/90. | ||||||
19 | (B) Persistent, severe headaches, epigastric pain, | ||||||
20 | or visual disturbances. | ||||||
21 | (C) Significant proteinuria or ketonuria. | ||||||
22 | (D) Fever over 100.6 degrees F or 38 degrees C in | ||||||
23 | absence of environmental factors. | ||||||
24 | (E) Ruptured membranes without onset of | ||||||
25 | established labor after 18 hours. | ||||||
26 | (F) Significant bleeding prior to delivery or any |
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1 | abnormal bleeding, with or without abdominal pain; or | ||||||
2 | evidence of placental abruption. | ||||||
3 | (G) Lie not compatible with spontaneous vaginal | ||||||
4 | delivery or unstable fetal lie. | ||||||
5 | (H) Failure to progress after 5 hours of active | ||||||
6 | labor or following 2 hours of active second stage | ||||||
7 | labor. | ||||||
8 | (I) Signs or symptoms of maternal infection. | ||||||
9 | (J) Active genital herpes at onset of labor. | ||||||
10 | (K) Fetal heart tones with non-reassuring | ||||||
11 | patterns. | ||||||
12 | (L) Signs or symptoms of fetal distress. | ||||||
13 | (M) Thick meconium or frank bleeding with birth not | ||||||
14 | imminent. | ||||||
15 | (N) Client or licensed midwife desires physician | ||||||
16 | consultation or transfer. | ||||||
17 | A licensed midwife shall consult with a licensed | ||||||
18 | physician or certified nurse-midwife with regard to any | ||||||
19 | mother who, during postpartum, presents with or develops | ||||||
20 | any of the following risk factors or presents with or | ||||||
21 | develops other risk factors that, in the judgment of the | ||||||
22 | licensed midwife, warrant consultation: | ||||||
23 | (A) Failure to void within 6 hours of birth. | ||||||
24 | (B) Signs or symptoms of maternal shock. | ||||||
25 | (C) Febrile: 102 degrees F or 39 degrees C and | ||||||
26 | unresponsive to therapy for 12 hours. |
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1 | (D) Abnormal lochia or signs or symptoms of uterine | ||||||
2 | sepsis. | ||||||
3 | (E) Suspected deep vein thrombosis. | ||||||
4 | (F) Signs of clinically significant depression. | ||||||
5 | A licensed midwife shall consult with a licensed | ||||||
6 | physician or licensed certified nurse-midwife with regard | ||||||
7 | to any neonate who is born with or develops any of the | ||||||
8 | following risk factors: | ||||||
9 | (A) Apgar score of 6 or less at 5 minutes without | ||||||
10 | significant improvement by 10 minutes. | ||||||
11 | (B) Persistent grunting respirations or retractions. | ||||||
12 | (C) Persistent cardiac irregularities. | ||||||
13 | (D) Persistent central cyanosis or pallor. | ||||||
14 | (E) Persistent lethargy or poor muscle tone. | ||||||
15 | (F) Abnormal cry. | ||||||
16 | (G) Birth weight less than 2300 grams. | ||||||
17 | (H) Jitteriness or seizures. | ||||||
18 | (I) Jaundice occurring before 24 hours or outside of | ||||||
19 | normal range. | ||||||
20 | (J) Failure to urinate within 24 hours of birth. | ||||||
21 | (K) Failure to pass meconium within 48 hours of birth. | ||||||
22 | (L) Edema. | ||||||
23 | (M) Prolonged temperature instability. | ||||||
24 | (N) Significant signs or symptoms of infection. | ||||||
25 | (O) Significant clinical evidence of glycemic | ||||||
26 | instability. |
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1 | (P) Abnormal, bulging, or depressed fontanel. | ||||||
2 | (Q) Significant clinical evidence of prematurity. | ||||||
3 | (R) Medically significant congenital anomalies. | ||||||
4 | (S) Significant or suspected birth injury. | ||||||
5 | (T) Persistent inability to suck. | ||||||
6 | (U) Diminished consciousness. | ||||||
7 | (V) Clinically significant abnormalities in vital | ||||||
8 | signs, muscle tone or behavior. | ||||||
9 | (W) Clinically significant color abnormality, | ||||||
10 | cyanotic, or pale or abnormal perfusion. | ||||||
11 | (X) Abdominal distention or projectile vomiting. | ||||||
12 | (Y) Signs of clinically significant dehydration or | ||||||
13 | failure to thrive. | ||||||
14 | (4) The licensed midwife shall initiate immediate | ||||||
15 | transport according to the licensed midwife's emergency | ||||||
16 | plan, provide emergency stabilization until emergency | ||||||
17 | medical services arrive or transfer is completed, | ||||||
18 | accompany the client or follow the client to a hospital in | ||||||
19 | a timely fashion, provide pertinent information to the | ||||||
20 | receiving facility and complete an emergency transport | ||||||
21 | record. Any of the following conditions shall require | ||||||
22 | immediate notification to the licensed midwife's | ||||||
23 | collaborating health care professional and emergency | ||||||
24 | transfer to a hospital: | ||||||
25 | (A) Seizures or unconsciousness. | ||||||
26 | (B) Respiratory distress or arrest. |
| |||||||
| |||||||
1 | (C) Evidence of shock. | ||||||
2 | (D) Psychosis. | ||||||
3 | (E) Symptomatic chest pain or cardiac arrhythmias. | ||||||
4 | (F) Prolapsed umbilical cord. | ||||||
5 | (G) Shoulder dystocia not resolved by Advanced | ||||||
6 | Life Support in Obstetrics (ALSO) protocol. | ||||||
7 | (H) Symptoms of uterine rupture. | ||||||
8 | (I) Preeclampsia or eclampsia. | ||||||
9 | (J) Severe abdominal pain inconsistent with normal | ||||||
10 | labor. | ||||||
11 | (K) Chorioamnionitis. | ||||||
12 | (L) Clinically significant fetal heart rate | ||||||
13 | patterns or other manifestation of fetal distress. | ||||||
14 | (M) Presentation not compatible with spontaneous | ||||||
15 | vaginal delivery. | ||||||
16 | (N) Laceration greater than second degree perineal | ||||||
17 | or any cervical. | ||||||
18 | (O) Hemorrhage non-responsive to therapy. | ||||||
19 | (P) Uterine prolapse or inversion. | ||||||
20 | (Q) Persistent uterine atony. | ||||||
21 | (R) Anaphylaxis. | ||||||
22 | (S) Failure to deliver placenta after one hour if | ||||||
23 | there is no bleeding and fundus is firm. | ||||||
24 | (T) Sustained instability or persistent abnormal | ||||||
25 | vital signs. | ||||||
26 | (U) Other conditions or symptoms that could |
| |||||||
| |||||||
1 | threaten the life of the mother, fetus or neonate. | ||||||
2 | A licensed midwife may deliver a client with any of the | ||||||
3 | complications or conditions set forth in this item (4), if | ||||||
4 | no physician or other equivalent medical services are | ||||||
5 | available and the situation presents immediate harm to the | ||||||
6 | health and safety of the client, if the complication or | ||||||
7 | condition entails extraordinary and unnecessary human | ||||||
8 | suffering, or if delivery occurs during transport. | ||||||
9 | (5) With regard to collaboration, a licensed midwife | ||||||
10 | must form a formal collaborative relationship with a | ||||||
11 | medical doctor or doctor of osteopathy licensed under the | ||||||
12 | Illinois Medical Practice Act or a certified nurse midwife | ||||||
13 | licensed as an advanced practice nurse under the Illinois | ||||||
14 | Nurse Practice Act. This relationship must (i) include | ||||||
15 | documented quarterly review of all clients under the care | ||||||
16 | of the licensed midwife, (ii) include written protocols and | ||||||
17 | procedures for assessing risk and appropriateness for home | ||||||
18 | birth, (iii) provide supportive care when care is | ||||||
19 | transferred to another provider, if possible, and (iv) | ||||||
20 | consider the standards regarding practice of midwifery | ||||||
21 | established by the National Association of Certified | ||||||
22 | Professional Midwives, including referral of mother or | ||||||
23 | baby to appropriate professionals when either needs care | ||||||
24 | outside the midwife's scope of practice or expertise. | ||||||
25 | This relationship must not be construed to necessarily | ||||||
26 | require the personal presence of the collaborating care |
| |||||||
| |||||||
1 | provider at all times at the place where services are | ||||||
2 | rendered, as long as there is communication available for | ||||||
3 | consultation by radio, telephone, Internet, or | ||||||
4 | telecommunications. | ||||||
5 | (6) With regard to prohibited practices, a licensed | ||||||
6 | midwife may not do any of the following:
| ||||||
7 | (A) Administer prescription pharmacological agents | ||||||
8 | intended to induce or augment labor. | ||||||
9 | (B) Administer prescription pharmacological agents | ||||||
10 | to provide pain management. | ||||||
11 | (C) Use vacuum extractors or forceps. | ||||||
12 | (D) Prescribe medications. | ||||||
13 | (E) Provide care to a woman who has had a cesarean | ||||||
14 | section or other uterine surgery, unless that woman has | ||||||
15 | had a successful subsequent vaginal birth after | ||||||
16 | cesarean section. | ||||||
17 | (F) Perform major surgical procedures including, | ||||||
18 | but not limited to, cesarean sections and | ||||||
19 | circumcisions. | ||||||
20 | (G) Knowingly accept responsibility for prenatal | ||||||
21 | or intrapartum care of a client with any of the | ||||||
22 | following risk factors: | ||||||
23 | (i) Chronic significant maternal cardiac, | ||||||
24 | pulmonary, renal or hepatic disease. | ||||||
25 | (ii) Malignant disease in an active phase. | ||||||
26 | (iii) Significant hematological disorders or |
| |||||||
| |||||||
1 | coagulopathies, or pulmonary embolism. | ||||||
2 | (iv) Insulin requiring diabetes mellitus. | ||||||
3 | (v) Known maternal congenital abnormalities | ||||||
4 | affecting childbirth. | ||||||
5 | (vi) Confirmed isoimmunization, Rh disease | ||||||
6 | with positive titer. | ||||||
7 | (vii) Active tuberculosis. | ||||||
8 | (viii) Active syphilis or gonorrhea. | ||||||
9 | (ix) Active genital herpes infection 2 weeks | ||||||
10 | prior to labor or in labor. | ||||||
11 | (x) Pelvic or uterine abnormalities affecting | ||||||
12 | normal vaginal births, including tumors and | ||||||
13 | malformations. | ||||||
14 | (xi) Alcoholism or abuse. | ||||||
15 | (xii) Drug addiction or abuse. | ||||||
16 | (xiii) Confirmed AIDS status. | ||||||
17 | (xiv) Uncontrolled current serious psychiatric | ||||||
18 | illness. | ||||||
19 | (xv) Social or familial conditions | ||||||
20 | unsatisfactory for out-of-hospital maternity care | ||||||
21 | services. | ||||||
22 | (xvi) Fetus with suspected or diagnosed | ||||||
23 | congenital abnormalities that may require | ||||||
24 | immediate medical intervention. | ||||||
25 | (c) The Department must, on a quarterly basis, issue a | ||||||
26 | status report to the Board of all complaints submitted to |
| |||||||
| |||||||
1 | the Department related to the midwifery profession. | ||||||
2 | Section 45. Illinois Midwifery Board.
| ||||||
3 | (a) There is created under the authority of the Department | ||||||
4 | the Illinois Midwifery Board, which shall consist of 7 members | ||||||
5 | appointed by the Secretary, 4 of whom shall be licensed | ||||||
6 | midwives who carry the CPM credential, except that initial | ||||||
7 | appointees must have at least 3 years of experience in the | ||||||
8 | practice of midwifery in an out-of-hospital setting, be | ||||||
9 | certified by the North American Registry of Midwives, and meet | ||||||
10 | the qualifications for licensure set forth in this Act; one of | ||||||
11 | whom shall be an obstetrician licensed under the Medical | ||||||
12 | Practice Act of 1987 who has a minimum of 2 years of experience | ||||||
13 | working or consulting with home birth providers or, | ||||||
14 | alternately, a family practice physician licensed under the | ||||||
15 | Medical Practice Act of 1987 who has a minimum of 2 years of | ||||||
16 | experience providing home birth services; one of whom shall be | ||||||
17 | a certified nurse midwife who has at least 2 years of | ||||||
18 | experience in providing home birth services; and one of whom | ||||||
19 | shall be a knowledgeable public member who has given birth with | ||||||
20 | the assistance of a certified professional midwife in an | ||||||
21 | out-of-hospital birth setting. Board members shall serve | ||||||
22 | 4-year terms, except that in the case of initial appointments, | ||||||
23 | terms shall be staggered as follows: 3 members shall serve for | ||||||
24 | 4 years, 2 members shall serve for 3 years, and 2 members shall | ||||||
25 | serve for 2 years. The Board shall annually elect a chairperson |
| |||||||
| |||||||
1 | and vice chairperson. | ||||||
2 | (b) Any appointment made to fill a vacancy shall be for the | ||||||
3 | unexpired portion of the term. Appointments to fill vacancies | ||||||
4 | shall be made in the same manner as original appointments. No | ||||||
5 | Board member may be reappointed for a term that would cause his | ||||||
6 | or her continuous service on the Board to exceed 9 years. | ||||||
7 | (c) Board membership must have reasonable representation | ||||||
8 | from different geographic areas of this State. | ||||||
9 | (d) The members of the Board shall be reimbursed for all | ||||||
10 | legitimate, necessary, and authorized expenses incurred in | ||||||
11 | attending the meetings of the Board.
| ||||||
12 | (e) The Secretary may remove any member for cause at any | ||||||
13 | time prior to the expiration of his or her term.
| ||||||
14 | (f) A majority of the Board members currently appointed | ||||||
15 | shall constitute a quorum. A vacancy in the membership of the | ||||||
16 | Board shall not impair the right of a quorum to perform all of | ||||||
17 | the duties of the Board.
| ||||||
18 | (g) The Board shall provide the Department with | ||||||
19 | recommendations concerning the administration of this Act and | ||||||
20 | perform each of the following duties: | ||||||
21 | (1) Recommend to the Department the prescription and, | ||||||
22 | from time to time, the revision of any rules that may be | ||||||
23 | necessary to carry out the provisions of this Act, | ||||||
24 | including those that are designed to protect the health, | ||||||
25 | safety, and welfare of the public. | ||||||
26 | (2) Conduct hearings and disciplinary conferences on |
| |||||||
| |||||||
1 | disciplinary charges of licensees. | ||||||
2 | (3) Report to the Department, upon completion of a | ||||||
3 | hearing, the disciplinary actions recommended to be taken | ||||||
4 | against a person found in violation of this Act.
| ||||||
5 | (4) Recommend the approval, denial of approval, and | ||||||
6 | withdrawal of approval of required education and | ||||||
7 | continuing educational programs.
| ||||||
8 | (h) The Secretary shall give due consideration to all | ||||||
9 | recommendations of the Board. If the Secretary takes action | ||||||
10 | contrary to a recommendation of the Board, the Secretary must | ||||||
11 | promptly provide a written explanation of that action. | ||||||
12 | (i) The Board may recommend to the Secretary that one or | ||||||
13 | more licensed midwives be selected by the Secretary to assist | ||||||
14 | in any investigation under this Act. Compensation shall be | ||||||
15 | provided to any licensee who provides assistance under this | ||||||
16 | subsection (i), in an amount determined by the Secretary.
| ||||||
17 | (j) 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 50. Qualifications. | ||||||
22 | (a) A person is qualified for licensure as a midwife if | ||||||
23 | that person meets each of the following qualifications: | ||||||
24 | (1) He or she has earned an associate's degree or | ||||||
25 | higher, or the equivalent of an associate's degree or |
| |||||||
| |||||||
1 | higher, in either nursing or midwifery from an accredited | ||||||
2 | post-secondary institution or has earned a general | ||||||
3 | associates degree or its equivalent, including completion | ||||||
4 | of all of the following coursework from an accredited | ||||||
5 | post-secondary institution in the following denominations: | ||||||
6 | (A) Laboratory Science (must include coursework in | ||||||
7 | Anatomy and Physiology and Microbiology): 12 credit hours. | ||||||
8 | (B) English or Communications: 6 credit hours. | ||||||
9 | (C) Social and Behavioral Science (Sociology and | ||||||
10 | Psychology): 6 credit hours. | ||||||
11 | (D) Math: 3 credit hours. | ||||||
12 | (E) Nutrition: 3 credit hours. | ||||||
13 | (F) Pharmacology: 3 credit hours.
| ||||||
14 | (2) He or she has successfully completed a program of | ||||||
15 | midwifery education approved by the North American | ||||||
16 | Registry of Midwives that includes both didactic and | ||||||
17 | clinical internship experience, the sum of which, on | ||||||
18 | average, takes 3 to 5 years to complete. | ||||||
19 | (3) He or she has passed an 8-hour written and | ||||||
20 | practical skills examination for the practice of midwifery | ||||||
21 | that has been developed following the standards set by the | ||||||
22 | National Commission for Certifying Agencies or a successor | ||||||
23 | organization and is administered by the North American | ||||||
24 | Registry of Midwives. | ||||||
25 | (4) He or she holds a valid CPM credential granted by | ||||||
26 | the North American Registry of Midwives.
|
| |||||||
| |||||||
1 | (b) Before August 31, 2010, a person seeking licensure as a | ||||||
2 | licensed midwife who has not met the educational requirements | ||||||
3 | set forth in this Section shall be qualified for licensure if | ||||||
4 | that person does all of the following: | ||||||
5 | (1) Submits evidence of having successfully passed the | ||||||
6 | national certification exam described in subsection (a) of | ||||||
7 | this Section prior to January 1, 2004. | ||||||
8 | (2) Submits evidence of certification in adult CPR and | ||||||
9 | infant CPR or neonatal resuscitation. | ||||||
10 | (3) Has continually maintained active, up-to-date | ||||||
11 | recertification status as a certified professional midwife | ||||||
12 | with the North American Registry of Midwives. | ||||||
13 | (4) Submits evidence of practice for at least 5 years | ||||||
14 | as a midwife delivering in an out-of-hospital setting. | ||||||
15 | (5) Submits evidence of current certification in adult | ||||||
16 | and infant CRN or neonatal resuscitation.
| ||||||
17 | (c) Nothing used in submitting evidence of practice of | ||||||
18 | midwifery when applying for licensure under this Act shall be | ||||||
19 | used as evidence or to take legal action against the applicant | ||||||
20 | regarding the practice of midwifery, nursing, or medicine prior | ||||||
21 | to the passage of this Act. | ||||||
22 | Section 55. Social Security Number on application. In | ||||||
23 | addition to any other information required to be contained in | ||||||
24 | the application, every application for an original, renewal, | ||||||
25 | reinstated, or restored license under this Act shall include |
| |||||||
| |||||||
1 | the applicant's Social Security Number. | ||||||
2 | Section 60. Continuing education. | ||||||
3 | (a) The Department shall require all licensed midwives to | ||||||
4 | submit proof of the completion of at least 25 hours of | ||||||
5 | continuing education in classes approved by the North American | ||||||
6 | Registry of Midwives and 5 hours of peer review per 3-year | ||||||
7 | license renewal cycle.
| ||||||
8 | (b) Rules adopted under this Act shall require the licensed | ||||||
9 | midwife to maintain CPM certification by meeting all the | ||||||
10 | requirements set forth by the North American Registry of | ||||||
11 | Midwives or to maintain CNM or CM certification by meeting all | ||||||
12 | the requirements set forth by the American Midwifery | ||||||
13 | Certification Board.
| ||||||
14 | (c) Each licensee is responsible for maintaining records of | ||||||
15 | completion of continuing education and shall be prepared to | ||||||
16 | produce the records when requested by the Department.
| ||||||
17 | Section 65. Inactive status. | ||||||
18 | (a) A licensed midwife who notifies the Department in | ||||||
19 | writing on forms prescribed by the Department may elect to | ||||||
20 | place his or her license on an inactive status and shall be | ||||||
21 | excused from payment of renewal fees until he or she notifies | ||||||
22 | the Department in writing of his or her intent to restore the | ||||||
23 | license.
| ||||||
24 | (b) A licensed midwife whose license is on inactive status |
| |||||||
| |||||||
1 | may not practice licensed midwifery in the State of Illinois.
| ||||||
2 | (c) A licensed midwife requesting restoration from | ||||||
3 | inactive status shall be required to pay the current renewal | ||||||
4 | fee and to restore his or her license, as provided by the | ||||||
5 | Department.
| ||||||
6 | (d) Any licensee who engages in the practice of midwifery | ||||||
7 | while his or her license is lapsed or on inactive status shall | ||||||
8 | be considered to be practicing without a license, which shall | ||||||
9 | be grounds for discipline.
| ||||||
10 | Section 70. Renewal, reinstatement, or restoration of | ||||||
11 | licensure; military service. | ||||||
12 | (a) The expiration date and renewal period for each license | ||||||
13 | issued under this Act shall be set by the Department.
| ||||||
14 | (b) All renewal applicants shall provide proof of having | ||||||
15 | met the requirements of continuing education set forth by the | ||||||
16 | North American Registry of Midwives. The Department shall | ||||||
17 | provide for an orderly process for the reinstatement of | ||||||
18 | licenses that have not been renewed due to failure to meet | ||||||
19 | continuing education requirements.
| ||||||
20 | (c) Any licensed midwife who has permitted his or her | ||||||
21 | license to expire or who has had his or her license on inactive | ||||||
22 | status may have his or her license restored by making | ||||||
23 | application to the Department and filing proof acceptable to | ||||||
24 | the Department of fitness to have the license restored and by | ||||||
25 | paying the required fees. Proof of fitness may include evidence |
| |||||||
| |||||||
1 | attesting to active lawful practice in another jurisdiction.
| ||||||
2 | (d) The Department shall determine, by an evaluation | ||||||
3 | program, fitness for restoration of a license under this | ||||||
4 | Section and shall establish procedures and requirements for | ||||||
5 | restoration.
| ||||||
6 | (e) Any licensed midwife whose license expired while he or | ||||||
7 | she was (i) in federal service on active duty with the Armed | ||||||
8 | Forces of the United States or the State Militia and called | ||||||
9 | into service or training or (ii) in training or education under | ||||||
10 | the supervision of the United States preliminary to induction | ||||||
11 | into the military service may have his or her license restored | ||||||
12 | without paying any lapsed renewal fees, if, within 2 years | ||||||
13 | after honorable termination of service, training, or | ||||||
14 | education, he or she furnishes the Department with satisfactory | ||||||
15 | evidence to the effect that he or she has been so engaged.
| ||||||
16 | Section 75. Roster. The Department shall maintain a roster | ||||||
17 | of the names and addresses of all licensees and of all persons | ||||||
18 | whose licenses have been suspended or revoked. This roster | ||||||
19 | shall be available upon written request and payment of the | ||||||
20 | required fee. | ||||||
21 | Section 80. Fees. | ||||||
22 | (a) The Department shall provide for a schedule of fees for | ||||||
23 | the administration and enforcement of this Act, including | ||||||
24 | without limitation original licensure, renewal, and |
| |||||||
| |||||||
1 | restoration, which fees shall be nonrefundable.
| ||||||
2 | (b) All fees collected under this Act shall be deposited | ||||||
3 | into the General Professions Dedicated Fund and appropriated to | ||||||
4 | the Department for the ordinary and contingent expenses of the | ||||||
5 | Department in the administration of this Act.
| ||||||
6 | Section 85. Returned checks; fines. Any person who delivers | ||||||
7 | a check or other payment to the Department that is returned to | ||||||
8 | the Department unpaid by the financial institution upon which | ||||||
9 | it is drawn shall pay to the Department, in addition to the | ||||||
10 | amount already owed to the Department, a fine of $50. The fines | ||||||
11 | imposed by this Section are in addition to any other discipline | ||||||
12 | provided under this Act for unlicensed practice or practice on | ||||||
13 | a non-renewed license. The Department shall notify the person | ||||||
14 | that fees and fines shall be paid to the Department by | ||||||
15 | certified check or money order within 30 calendar days after | ||||||
16 | the notification. If, after the expiration of 30 days from the | ||||||
17 | date of the notification, the person has failed to submit the | ||||||
18 | necessary remittance, the Department shall automatically | ||||||
19 | terminate the license or deny the application, without hearing. | ||||||
20 | If, after termination or denial, the person seeks a license, he | ||||||
21 | or she shall apply to the Department for restoration or | ||||||
22 | issuance of the license and pay all fees and fines due to the | ||||||
23 | Department. The Department may establish a fee for the | ||||||
24 | processing of an application for restoration of a license to | ||||||
25 | defray all expenses of processing the application. The |
| |||||||
| |||||||
1 | Secretary may waive the fines due under this Section in | ||||||
2 | individual cases where the Secretary finds that the fines would | ||||||
3 | be unreasonable or unnecessarily burdensome. | ||||||
4 | Section 90. Unlicensed practice; civil penalty. Any person | ||||||
5 | who practices, offers to practice, attempts to practice, or | ||||||
6 | holds himself or herself out to practice midwifery or as a | ||||||
7 | midwife without being licensed under this Act shall, in | ||||||
8 | addition to any other penalty provided by law, pay a civil | ||||||
9 | penalty to the Department in an amount not to exceed $5,000 for | ||||||
10 | each offense, as determined by the Department. The civil | ||||||
11 | penalty shall be assessed by the Department after a hearing is | ||||||
12 | held in accordance with the provisions set forth in this Act | ||||||
13 | regarding the provision of a hearing for the discipline of a | ||||||
14 | licensee.
The civil penalty shall be paid within 60 days after | ||||||
15 | the effective date of the order imposing the civil penalty. The | ||||||
16 | order shall constitute a judgment and may be filed and | ||||||
17 | execution had thereon in the same manner as any judgment from | ||||||
18 | any court of record.
The Department may investigate any | ||||||
19 | unlicensed activity. | ||||||
20 | Section 95. Grounds for disciplinary action. The | ||||||
21 | Department may refuse to issue or to renew or may revoke, | ||||||
22 | suspend, place on probation, reprimand or take other | ||||||
23 | disciplinary action as the Department may deem proper, | ||||||
24 | including fines not to exceed $5,000 for each violation, with |
| |||||||
| |||||||
1 | regard to any licensee or license for any one or combination of | ||||||
2 | the following causes: | ||||||
3 | (1) Violations of this Act or its rules.
| ||||||
4 | (2) Material misstatement in furnishing information to | ||||||
5 | the Department.
| ||||||
6 | (3) Conviction of any crime under the laws of any U.S. | ||||||
7 | jurisdiction that is (i) a felony, (ii) a misdemeanor, an | ||||||
8 | essential element of which is dishonesty, or (iii) directly | ||||||
9 | related to the practice of the profession.
| ||||||
10 | (4) Making any misrepresentation for the purpose of | ||||||
11 | obtaining a license.
| ||||||
12 | (5) Professional incompetence or gross negligence.
| ||||||
13 | (6) Gross malpractice.
| ||||||
14 | (7) Aiding or assisting another person in violating any | ||||||
15 | provision of this Act or its rules.
| ||||||
16 | (8) Failing to provide information within 60 days in | ||||||
17 | response to a written request made by the Department.
| ||||||
18 | (9) Engaging in dishonorable, unethical, or | ||||||
19 | unprofessional conduct of a character likely to deceive, | ||||||
20 | defraud, or harm the public.
| ||||||
21 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
22 | narcotics, stimulants, or any other chemical agent or drug | ||||||
23 | that results in the inability to practice with reasonable | ||||||
24 | judgment, skill, or safety.
| ||||||
25 | (11) Discipline by another U.S. jurisdiction or | ||||||
26 | foreign nation if at least one of the grounds for the |
| |||||||
| |||||||
1 | discipline is the same or substantially equivalent to those | ||||||
2 | set forth in this Act.
| ||||||
3 | (12) Directly or indirectly giving to or receiving from | ||||||
4 | any person, firm, corporation, partnership, or association | ||||||
5 | any fee, commission, rebate, or other form of compensation | ||||||
6 | for any professional services not actually or personally | ||||||
7 | rendered. This shall not be deemed to include rent or other | ||||||
8 | remunerations paid to an individual, partnership, or | ||||||
9 | corporation by a licensed midwife for the lease, rental, or | ||||||
10 | use of space, owned or controlled by the individual, | ||||||
11 | partnership, corporation, or association.
| ||||||
12 | (13) A finding by the Department that the licensee, | ||||||
13 | after having his or her license placed on probationary | ||||||
14 | status, has violated the terms of probation.
| ||||||
15 | (14) Abandonment of a patient without cause.
| ||||||
16 | (15) Willfully making or filing false records or | ||||||
17 | reports relating to a licensee's practice, including, but | ||||||
18 | not limited to, false records filed with State agencies or | ||||||
19 | departments.
| ||||||
20 | (16) Physical illness or mental illness, including, | ||||||
21 | but not limited to, deterioration through the aging process | ||||||
22 | or loss of motor skill that results in the inability to | ||||||
23 | practice the profession with reasonable judgment, skill, | ||||||
24 | or safety.
| ||||||
25 | (17) Failure to provide a patient with a copy of his or | ||||||
26 | her record upon the written request of the patient.
|
| |||||||
| |||||||
1 | (18) Conviction by any court of competent | ||||||
2 | jurisdiction, either within or without this State, of any | ||||||
3 | violation of any law governing the practice of licensed | ||||||
4 | midwifery or conviction in this or another state of any | ||||||
5 | crime that is a felony under the laws of this State or | ||||||
6 | conviction of a felony in a federal court, if the | ||||||
7 | Department determines, after investigation, that the | ||||||
8 | person has not been sufficiently rehabilitated to warrant | ||||||
9 | the public trust.
| ||||||
10 | (19) A finding that licensure has been applied for or | ||||||
11 | obtained by fraudulent means.
| ||||||
12 | (20) Being named as a perpetrator in an indicated | ||||||
13 | report by the Department of Healthcare and Family Services | ||||||
14 | under the Abused and Neglected Child Reporting Act and upon | ||||||
15 | proof by clear and convincing evidence that the licensee | ||||||
16 | has caused a child to be an abused child or a neglected | ||||||
17 | child, as defined in the Abused and Neglected Child | ||||||
18 | Reporting Act.
| ||||||
19 | (21) Practicing or attempting to practice under a name | ||||||
20 | other than the full name shown on a license issued under | ||||||
21 | this Act.
| ||||||
22 | (22) Immoral conduct in the commission of any act, such | ||||||
23 | as sexual abuse, sexual misconduct, or sexual | ||||||
24 | exploitation, related to the licensee's practice.
| ||||||
25 | (23) Maintaining a professional relationship with any | ||||||
26 | person, firm, or corporation when the licensed midwife |
| |||||||
| |||||||
1 | knows or should know that a person, firm, or corporation is | ||||||
2 | violating this Act.
| ||||||
3 | (24) Failure to provide satisfactory proof of having | ||||||
4 | participated in approved continuing education programs as | ||||||
5 | determined by the Board and approved by the Secretary. | ||||||
6 | Exceptions for extreme hardships are to be defined by the | ||||||
7 | Department.
| ||||||
8 | (b) The Department may refuse to issue or may suspend the | ||||||
9 | license of any person who fails to (i) file a tax return or to | ||||||
10 | pay the tax, penalty, or interest shown in a filed return or | ||||||
11 | (ii) pay any final assessment of the tax, penalty, or interest, | ||||||
12 | as required by any tax Act administered by the Illinois | ||||||
13 | Department of Revenue, until the time that the requirements of | ||||||
14 | that tax Act are satisfied.
| ||||||
15 | (c) The determination by a circuit court that a licensee is | ||||||
16 | subject to involuntary admission or judicial admission as | ||||||
17 | provided in the Mental Health and Developmental Disabilities | ||||||
18 | Code operates as an automatic suspension. The suspension shall | ||||||
19 | end only upon a finding by a court that the patient is no | ||||||
20 | longer subject to involuntary admission or judicial admission, | ||||||
21 | the issuance of an order so finding and discharging the | ||||||
22 | patient, and the recommendation of the Board to the Secretary | ||||||
23 | that the licensee be allowed to resume his or her practice.
| ||||||
24 | (d) In enforcing this Section, the Department, upon a | ||||||
25 | showing of a possible violation, may compel any person licensed | ||||||
26 | to practice under this Act or who has applied for licensure or |
| |||||||
| |||||||
1 | certification pursuant to this Act to submit to a mental or | ||||||
2 | physical examination, or both, as required by and at the | ||||||
3 | expense of the Department. The examining physicians shall be | ||||||
4 | those specifically designated by the Department. The | ||||||
5 | Department may order an examining physician to present | ||||||
6 | testimony concerning the mental or physical examination of the | ||||||
7 | licensee or applicant. No information shall be excluded by | ||||||
8 | reason of any common law or statutory privilege relating to | ||||||
9 | communications between the licensee or applicant and the | ||||||
10 | examining physician. The person to be examined may have, at his | ||||||
11 | or her own expense, another physician of his or her choice | ||||||
12 | present during all aspects of the examination. Failure of any | ||||||
13 | person to submit to a mental or physical examination when | ||||||
14 | directed shall be grounds for suspension of a license until the | ||||||
15 | person submits to the examination if the Department finds, | ||||||
16 | after notice and hearing, that the refusal to submit to the | ||||||
17 | examination was without reasonable cause.
| ||||||
18 | If the Department finds an individual unable to practice | ||||||
19 | because of the reasons set forth in this subsection (d), 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, in | ||||||
24 | lieu of care, counseling, or treatment, the Department may file | ||||||
25 | a complaint to immediately suspend, revoke, or otherwise | ||||||
26 | discipline the license of the individual.
Any person whose |
| |||||||
| |||||||
1 | license was granted, reinstated, renewed, disciplined, or | ||||||
2 | supervised subject to such terms, conditions, or restrictions | ||||||
3 | and who fails to comply with such terms, conditions, or | ||||||
4 | restrictions shall be referred to the Secretary for a | ||||||
5 | determination as to whether or not the person shall have his or | ||||||
6 | her license suspended immediately, pending a hearing by the | ||||||
7 | Department.
| ||||||
8 | In instances in which the Secretary immediately suspends a | ||||||
9 | person's license under this Section, a hearing on that person's | ||||||
10 | license must be convened by the Department within 15 days after | ||||||
11 | the suspension and completed without appreciable delay. The | ||||||
12 | Department may review the person's record of treatment and | ||||||
13 | counseling regarding the impairment, to the extent permitted by | ||||||
14 | applicable federal statutes and regulations safeguarding the | ||||||
15 | confidentiality of medical records.
| ||||||
16 | A person licensed under this Act and affected under this | ||||||
17 | subsection (d) shall be afforded an opportunity to demonstrate | ||||||
18 | to the Department that he or she can resume practice in | ||||||
19 | compliance with acceptable and prevailing standards under the | ||||||
20 | provisions of his or her license.
| ||||||
21 | Section 100. Failure to pay restitution. The Department, | ||||||
22 | without further process or hearing, shall suspend the license | ||||||
23 | or other authorization to practice of any person issued under | ||||||
24 | this Act who has been certified by court order as not having | ||||||
25 | paid restitution to a person under Section 8A-3.5 of the |
| |||||||
| |||||||
1 | Illinois Public Aid Code or under Section 46-1 of the Criminal | ||||||
2 | Code of 1961. A person whose license or other authorization to | ||||||
3 | practice is suspended under this Section is prohibited from | ||||||
4 | practicing until restitution is made in full. | ||||||
5 | Section 105. Injunction; cease and desist order. | ||||||
6 | (a) If a person violates any provision of this Act, the | ||||||
7 | Secretary may, in the name of the People of the State of | ||||||
8 | Illinois, through the Attorney General or the State's Attorney | ||||||
9 | of any county in which the action is brought, petition for an | ||||||
10 | order enjoining the violation or enforcing compliance with this | ||||||
11 | Act. Upon the filing of a verified petition in court, the court | ||||||
12 | may issue a temporary restraining order, without notice or | ||||||
13 | bond, and may preliminarily and permanently enjoin the | ||||||
14 | violation. If it is established that the person has violated or | ||||||
15 | is violating the injunction, the court may punish the offender | ||||||
16 | for contempt of court. Proceedings under this Section shall be | ||||||
17 | in addition to, and not in lieu of, all other remedies and | ||||||
18 | penalties provided by this Act.
| ||||||
19 | (b) If any person practices as a licensed midwife or holds | ||||||
20 | himself or herself out as a licensed midwife without being | ||||||
21 | licensed under the provisions of this Act, then any licensed | ||||||
22 | midwife, any interested party, or any person injured thereby | ||||||
23 | may, in addition to the Secretary, petition for relief as | ||||||
24 | provided in subsection (a) of this Section.
| ||||||
25 | (c) Whenever, in the opinion of the Department, any person |
| |||||||
| |||||||
1 | violates any provision of this Act, the Department may issue a | ||||||
2 | rule to show cause why an order to cease and desist should not | ||||||
3 | be entered against that person. The rule shall clearly set | ||||||
4 | forth the grounds relied upon by the Department and shall | ||||||
5 | provide a period of 7 days after the date of the rule to file an | ||||||
6 | answer to the satisfaction of the Department. Failure to answer | ||||||
7 | to the satisfaction of the Department shall cause an order to | ||||||
8 | cease and desist to be issued immediately.
| ||||||
9 | Section 110. Violation; criminal penalty. | ||||||
10 | (a) Whoever knowingly practices or offers to practice | ||||||
11 | midwifery in this State without being licensed for that purpose | ||||||
12 | or exempt under this Act shall be guilty of a Class A | ||||||
13 | misdemeanor and, for each subsequent conviction, shall be | ||||||
14 | guilty of a Class 4 felony.
| ||||||
15 | (b) Any person who is found to have violated any other | ||||||
16 | provision of this Act is guilty of a Class A misdemeanor.
| ||||||
17 | (c) Notwithstanding any other provision of this Act, all | ||||||
18 | criminal fines, moneys, or other property collected or received | ||||||
19 | by the Department under this Section or any other State or | ||||||
20 | federal statute, including, but not limited to, property | ||||||
21 | forfeited to the Department under Section 505 of the Illinois | ||||||
22 | Controlled Substances Act or Section 85 of the Methamphetamine | ||||||
23 | Control and Community Protection Act, shall be deposited into | ||||||
24 | the Professional Regulation Evidence Fund.
|
| |||||||
| |||||||
1 | Section 115. Investigation; notice; hearing. The | ||||||
2 | Department may investigate the actions of any applicant or of | ||||||
3 | any person or persons holding or claiming to hold a license | ||||||
4 | under this Act. Before refusing to issue or to renew or taking | ||||||
5 | any disciplinary action regarding a license, the Department | ||||||
6 | shall, at least 30 days prior to the date set for the hearing, | ||||||
7 | notify in writing the applicant or licensee of the nature of | ||||||
8 | any charges and that a hearing shall be held on a date | ||||||
9 | designated. The Department shall direct the applicant or | ||||||
10 | licensee to file a written answer with the Board under oath | ||||||
11 | within 20 days after the service of the notice and inform the | ||||||
12 | applicant or licensee that failure to file an answer shall | ||||||
13 | result in default being taken against the applicant or licensee | ||||||
14 | and that the license may be suspended, revoked, or placed on | ||||||
15 | probationary status or that other disciplinary action may be | ||||||
16 | taken, including limiting the scope, nature, or extent of | ||||||
17 | practice, as the Secretary may deem proper. Written notice may | ||||||
18 | be served by personal delivery or certified or registered mail | ||||||
19 | to the respondent at the address of his or her last | ||||||
20 | notification to the Department. If the person fails to file an | ||||||
21 | answer after receiving notice, his or her license may, in the | ||||||
22 | discretion of the Department, be suspended, revoked, or placed | ||||||
23 | on probationary status, or the Department may take any | ||||||
24 | disciplinary action deemed proper, including limiting the | ||||||
25 | scope, nature, or extent of the person's practice or the | ||||||
26 | imposition of a fine, without a hearing, if the act or acts |
| |||||||
| |||||||
1 | charged constitute sufficient grounds for such action under | ||||||
2 | this Act. At the time and place fixed in the notice, the Board | ||||||
3 | shall proceed to hear the charges and the parties or their | ||||||
4 | counsel shall be accorded ample opportunity to present such | ||||||
5 | statements, testimony, evidence, and argument as may be | ||||||
6 | pertinent to the charges or to their defense. The Board may | ||||||
7 | continue a hearing from time to time. | ||||||
8 | Section 120. Formal hearing; preservation of record. The | ||||||
9 | Department, at its expense, shall preserve a record of all | ||||||
10 | proceedings at the formal hearing of any case. The notice of | ||||||
11 | hearing, complaint, and all other documents in the nature of | ||||||
12 | pleadings and written motions filed in the proceedings, the | ||||||
13 | transcript of testimony, the report of the Board or hearing | ||||||
14 | officer, and order of the Department shall be the record of the | ||||||
15 | proceeding. The Department shall furnish a transcript of the | ||||||
16 | record to any person interested in the hearing upon payment of | ||||||
17 | the fee required under Section 2105-115 of the Department of | ||||||
18 | Professional Regulation Law. | ||||||
19 | Section 125. Witnesses; production of documents; contempt. | ||||||
20 | Any circuit court may upon application of the Department or its | ||||||
21 | designee or of the applicant or licensee against whom | ||||||
22 | proceedings under Section 95 of this Act are pending, enter an | ||||||
23 | order requiring the attendance of witnesses and their testimony | ||||||
24 | and the production of documents, papers, files, books, and |
| |||||||
| |||||||
1 | records in connection with any hearing or investigation. The | ||||||
2 | court may compel obedience to its order by proceedings for | ||||||
3 | contempt. | ||||||
4 | Section 130. Subpoena; oaths. The Department shall have the | ||||||
5 | power to subpoena and bring before it any person in this State | ||||||
6 | and to take testimony either orally or by deposition or both | ||||||
7 | with the same fees and mileage and in the same manner as | ||||||
8 | prescribed in civil cases in circuit courts of this State.
The | ||||||
9 | Secretary, the designated hearing officer, and every member of | ||||||
10 | the Board has the power to administer oaths to witnesses at any | ||||||
11 | hearing that the Department is authorized to conduct and any | ||||||
12 | other oaths authorized in any Act administered by the | ||||||
13 | Department. Any circuit court may, upon application of the | ||||||
14 | Department or its designee or upon application of the person | ||||||
15 | against whom proceedings under this Act are pending, enter an | ||||||
16 | order requiring the attendance of witnesses and their | ||||||
17 | testimony, and the production of documents, papers, files, | ||||||
18 | books, and records in connection with any hearing or | ||||||
19 | investigation. The court may compel obedience to its order by | ||||||
20 | proceedings for contempt.
| ||||||
21 | Section 135. Findings of fact, conclusions of law, and | ||||||
22 | recommendations. At the conclusion of the hearing the Board | ||||||
23 | shall present to the Secretary a written report of its findings | ||||||
24 | of fact, conclusions of law, and recommendations. The report |
| |||||||
| |||||||
1 | shall contain a finding as to whether or not the accused person | ||||||
2 | violated this Act or failed to comply with the conditions | ||||||
3 | required under this Act. The Board shall specify the nature of | ||||||
4 | the violation or failure to comply and shall make its | ||||||
5 | recommendations to the Secretary.
| ||||||
6 | The report of findings of fact, conclusions of law, and | ||||||
7 | recommendations of the Board shall be the basis for the | ||||||
8 | Department's order. If the Secretary disagrees in any regard | ||||||
9 | with the report of the Board, the Secretary may issue an order | ||||||
10 | in contravention of the report. The finding is not admissible | ||||||
11 | in evidence against the person in a criminal prosecution | ||||||
12 | brought for the violation of this Act, but the hearing and | ||||||
13 | findings are not a bar to a criminal prosecution brought for | ||||||
14 | the violation of this Act.
| ||||||
15 | Section 140. Hearing officer. The Secretary may appoint any | ||||||
16 | attorney duly licensed to practice law in the State of Illinois | ||||||
17 | to serve as the hearing officer in any action for departmental | ||||||
18 | refusal to issue, renew, or license an applicant or for | ||||||
19 | disciplinary action against a licensee. The hearing officer | ||||||
20 | shall have full authority to conduct the hearing. The hearing | ||||||
21 | officer shall report his or her findings of fact, conclusions | ||||||
22 | of law, and recommendations to the Board and the Secretary. The | ||||||
23 | Board shall have 60 calendar days after receipt of the report | ||||||
24 | to review the report of the hearing officer and present its | ||||||
25 | findings of fact, conclusions of law, and recommendations to |
| |||||||
| |||||||
1 | the Secretary. If the Board fails to present its report within | ||||||
2 | the 60-day period, the Secretary may issue an order based on | ||||||
3 | the report of the hearing officer. If the Secretary disagrees | ||||||
4 | with the recommendation of the Board or the hearing officer, he | ||||||
5 | or she may issue an order in contravention of that | ||||||
6 | recommendation. | ||||||
7 | Section 145. Service of report; motion for rehearing. In | ||||||
8 | any case involving the discipline of a license, a copy of the | ||||||
9 | Board's report shall be served upon the respondent by the | ||||||
10 | Department, either personally or as provided in this Act for | ||||||
11 | the service of the notice of hearing. Within 20 days after the | ||||||
12 | service, the respondent may present to the Department a motion | ||||||
13 | in writing for a rehearing that shall specify the particular | ||||||
14 | grounds for rehearing. If no motion for rehearing is filed, | ||||||
15 | then upon the expiration of the time specified for filing a | ||||||
16 | motion, or if a motion for rehearing is denied, then upon the | ||||||
17 | denial, the Secretary may enter an order in accordance with | ||||||
18 | this Act. If the respondent orders from the reporting service | ||||||
19 | and pays for a transcript of the record within the time for | ||||||
20 | filing a motion for rehearing, the 20-day period within which | ||||||
21 | the motion may be filed shall commence upon the delivery of the | ||||||
22 | transcript to the respondent. | ||||||
23 | Section 150. Rehearing. Whenever the Secretary is | ||||||
24 | satisfied that substantial justice has not been done in the |
| |||||||
| |||||||
1 | revocation, suspension, or refusal to issue or renew a license, | ||||||
2 | the Secretary may order a rehearing by the same or another | ||||||
3 | hearing officer or by the Board. | ||||||
4 | Section 155. Prima facie proof. An order or a certified | ||||||
5 | copy thereof, over the seal of the Department and purporting to | ||||||
6 | be signed by the Secretary, shall be prima facie proof of the | ||||||
7 | following:
| ||||||
8 | (1) that the signature is the genuine signature of the | ||||||
9 | Secretary;
| ||||||
10 | (2) that such Secretary is duly appointed and | ||||||
11 | qualified; and
| ||||||
12 | (3) that the Board and its members are qualified to | ||||||
13 | act.
| ||||||
14 | Section 160. Restoration of license. At any time after the | ||||||
15 | suspension or revocation of any license, the Department may | ||||||
16 | restore the license to the accused person, unless after an | ||||||
17 | investigation and a hearing the Department determines that | ||||||
18 | restoration is not in the public interest. | ||||||
19 | Section 165. Surrender of license. Upon the revocation or | ||||||
20 | suspension of any license, the licensee shall immediately | ||||||
21 | surrender the license to the Department. If the licensee fails | ||||||
22 | to do so, the Department shall have the right to seize the | ||||||
23 | license. |
| |||||||
| |||||||
1 | Section 170. Summary suspension. The Secretary may | ||||||
2 | summarily suspend the license of a licensee under this Act | ||||||
3 | without a hearing, simultaneously with the institution of | ||||||
4 | proceedings for a hearing provided for in this Act, if the | ||||||
5 | Secretary finds that evidence in his or her possession | ||||||
6 | indicates that continuation in practice would constitute an | ||||||
7 | imminent danger to the public. In the event that the Secretary | ||||||
8 | summarily suspends a license without a hearing, a hearing by | ||||||
9 | the Department must be held within 30 days after the suspension | ||||||
10 | has occurred. | ||||||
11 | Section 175. Certificate of record. The Department shall | ||||||
12 | not be required to certify any record to the court or file any | ||||||
13 | answer in court or otherwise appear in any court in a judicial | ||||||
14 | review proceeding, unless there is filed in the court, with the | ||||||
15 | complaint, a receipt from the Department acknowledging payment | ||||||
16 | of the costs of furnishing and certifying the record. Failure | ||||||
17 | on the part of the plaintiff to file a receipt in court shall | ||||||
18 | be grounds for dismissal of the action. | ||||||
19 | Section 180. Administrative Review Law. All final | ||||||
20 | administrative decisions of the Department are subject to | ||||||
21 | judicial review under the Administrative Review Law and its | ||||||
22 | rules. The term "administrative decision" is defined as in | ||||||
23 | Section 3-101 of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | Section 185. Illinois Administrative Procedure Act. The | ||||||
2 | Illinois Administrative Procedure Act is hereby expressly | ||||||
3 | adopted and incorporated in this Act as if all of the | ||||||
4 | provisions of such Act were included in this Act, except that | ||||||
5 | the provision of subsection (d) of Section 10-65 of the | ||||||
6 | Illinois Administrative Procedure Act that provides that at | ||||||
7 | hearings the licensee has the right to show compliance with all | ||||||
8 | lawful requirements for retention, continuation, or renewal of | ||||||
9 | the license is specifically excluded. For purposes of this Act, | ||||||
10 | the notice required under Section 10-25 of the Illinois | ||||||
11 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
12 | to the last known address of a party. | ||||||
13 | Section 190. Home rule. Pursuant to paragraph (h) of | ||||||
14 | Section 6 of Article
VII
of the Illinois Constitution of 1970, | ||||||
15 | the power to regulate and issue licenses for the practice of | ||||||
16 | midwifery shall,
except as may otherwise be provided within and | ||||||
17 | pursuant to the provisions of this Act, be exercised by the | ||||||
18 | State and may
not be exercised by
any unit of local government, | ||||||
19 | including home rule units. | ||||||
20 | Section 195. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes. | ||||||
22 | Section 900. The Regulatory Sunset Act is amended by adding |
| |||||||
| |||||||
1 | Section 4.29 as follows: | ||||||
2 | (5 ILCS 80/4.29 new) | ||||||
3 | Sec. 4.29. Act repealed on January 1, 2019. The following | ||||||
4 | Act is repealed on January 1, 2019: | ||||||
5 | The Home Birth Safety Act. | ||||||
6 | Section 905. The Medical Practice Act of 1987 is amended by | ||||||
7 | changing Section 4 as follows:
| ||||||
8 | (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| ||||||
9 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
10 | Sec. 4. Exemptions.
| ||||||
11 | (a) This Act does not apply to the following:
| ||||||
12 | (1) persons lawfully carrying on their particular | ||||||
13 | profession or business
under any valid existing regulatory | ||||||
14 | Act of this State , including without limitation persons | ||||||
15 | engaged in the practice of midwifery who are licensed under | ||||||
16 | the Home Birth Safety Act ;
| ||||||
17 | (2) persons rendering gratuitous services in cases of | ||||||
18 | emergency; or
| ||||||
19 | (3) persons treating human ailments by prayer or | ||||||
20 | spiritual means as an
exercise or enjoyment of religious | ||||||
21 | freedom.
| ||||||
22 | (b) (Blank).
| ||||||
23 | (Source: P.A. 93-379, eff. 7-24-03 .)
|
| |||||||
| |||||||
1 | Section 910. The Nurse Practice Act is amended by changing | ||||||
2 | Section 5-15 as follows:
| ||||||
3 | (225 ILCS 65/5-15)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
5 | Sec. 5-15. Policy; application of Act. For the protection | ||||||
6 | of life and the
promotion of health, and the prevention of | ||||||
7 | illness and communicable diseases,
any person practicing or | ||||||
8 | offering to practice professional and practical
nursing in | ||||||
9 | Illinois shall submit evidence that he or she is qualified to
| ||||||
10 | practice, and shall be licensed as provided under this Act. No | ||||||
11 | person shall
practice or offer to practice professional or | ||||||
12 | practical nursing in Illinois or
use any title, sign, card or | ||||||
13 | device to indicate that such a person is
practicing | ||||||
14 | professional or practical nursing unless such person has been
| ||||||
15 | licensed under the provisions of this Act.
| ||||||
16 | This Act does not prohibit the following:
| ||||||
17 | (a) The practice of nursing in Federal employment in | ||||||
18 | the discharge of the
employee's duties by a person who is | ||||||
19 | employed by the United States
government or any bureau, | ||||||
20 | division or agency thereof and is a legally
qualified and | ||||||
21 | licensed nurse of another state or territory and not in
| ||||||
22 | conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
| ||||||
23 | (b) Nursing that is included in their program of study | ||||||
24 | by
students
enrolled in programs of nursing or in current |
| |||||||
| |||||||
1 | nurse practice update courses
approved by the Department.
| ||||||
2 | (c) The furnishing of nursing assistance in an | ||||||
3 | emergency.
| ||||||
4 | (d) The practice of nursing by a nurse who holds an | ||||||
5 | active license in
another state when providing services to | ||||||
6 | patients in Illinois during a bonafide
emergency or in | ||||||
7 | immediate preparation for or during interstate
transit.
| ||||||
8 | (e) The incidental care of the sick by members of the | ||||||
9 | family, domestic
servants or housekeepers, or care of the | ||||||
10 | sick where treatment is by prayer
or spiritual means.
| ||||||
11 | (f) Persons from being employed as nursing aides, | ||||||
12 | attendants, orderlies,
and
other auxiliary workers in | ||||||
13 | private homes, long term care facilities,
nurseries, | ||||||
14 | hospitals or other institutions.
| ||||||
15 | (g) The practice of practical nursing by one who has | ||||||
16 | applied in writing to
the Department in form and substance | ||||||
17 | satisfactory to the Department, for a
license as a licensed | ||||||
18 | practical nurse and who has complied with all the
| ||||||
19 | provisions under Section 10-30, except the passing of an | ||||||
20 | examination
to be eligible to receive such license, until: | ||||||
21 | the decision of the Department
that the applicant has | ||||||
22 | failed to pass the next available examination
authorized by | ||||||
23 | the Department or has failed, without an approved excuse, | ||||||
24 | to
take the next available examination authorized by the | ||||||
25 | Department or until the
withdrawal of the application, but | ||||||
26 | not to exceed 3 months.
An applicant practicing practical |
| |||||||
| |||||||
1 | nursing under this Section who passes the
examination, | ||||||
2 | however, may continue to practice under this Section until | ||||||
3 | such
time as he or she receives his or her license to | ||||||
4 | practice or until the
Department notifies him or her that | ||||||
5 | the license has been denied.
No applicant
for licensure | ||||||
6 | practicing under
the provisions of this paragraph shall | ||||||
7 | practice practical nursing except
under the direct | ||||||
8 | supervision of a registered professional nurse licensed
| ||||||
9 | under this Act or a licensed physician, dentist or | ||||||
10 | podiatrist. In no
instance shall any such applicant | ||||||
11 | practice or be
employed in any supervisory capacity.
| ||||||
12 | (h) The practice of practical nursing by one who is a | ||||||
13 | licensed practical
nurse under the laws of another U.S. | ||||||
14 | jurisdiction and has applied in writing
to the Department, | ||||||
15 | in form and substance satisfactory to the Department,
for a | ||||||
16 | license as a licensed practical nurse and who is qualified | ||||||
17 | to receive
such license under Section 10-30, until (1) the | ||||||
18 | expiration of 6 months after
the filing of such written | ||||||
19 | application, (2) the withdrawal of such application,
or (3) | ||||||
20 | the denial of such application by the Department.
| ||||||
21 | (i) The practice of professional nursing by one who has | ||||||
22 | applied in writing
to the Department in form and substance | ||||||
23 | satisfactory to the Department for
a license as a | ||||||
24 | registered professional nurse and has complied with all the
| ||||||
25 | provisions under Section 10-30 except the passing of an | ||||||
26 | examination to be
eligible to receive such license, until |
| |||||||
| |||||||
1 | the decision of the Department
that the applicant has | ||||||
2 | failed to pass the next available examination
authorized by | ||||||
3 | the Department or has failed, without an approved excuse, | ||||||
4 | to
take the next available examination authorized by the | ||||||
5 | Department or until
the withdrawal of the application, but | ||||||
6 | not to exceed 3 months.
An applicant practicing | ||||||
7 | professional nursing under this Section who passes
the
| ||||||
8 | examination, however, may continue to practice under this | ||||||
9 | Section until such
time as he or she receives his or her | ||||||
10 | license to practice or until the
Department notifies him or | ||||||
11 | her that the license has been denied.
No applicant
for | ||||||
12 | licensure practicing under
the provisions of this | ||||||
13 | paragraph shall practice professional nursing except
under | ||||||
14 | the direct supervision of a registered professional nurse | ||||||
15 | licensed
under this Act. In no instance shall any such | ||||||
16 | applicant practice or be
employed in any supervisory | ||||||
17 | capacity.
| ||||||
18 | (j) The practice of professional nursing by one who is | ||||||
19 | a registered
professional nurse under the laws of another | ||||||
20 | state, territory of the United
States or country and has | ||||||
21 | applied in writing to the Department, in form and
substance | ||||||
22 | satisfactory to the Department, for a license as a | ||||||
23 | registered
professional nurse and who is qualified to | ||||||
24 | receive such license under
Section 10-30, until (1) the | ||||||
25 | expiration of 6 months after the filing of
such written | ||||||
26 | application, (2) the withdrawal of such application, or (3)
|
| |||||||
| |||||||
1 | the denial of such application by the Department.
| ||||||
2 | (k) The practice of professional nursing that is | ||||||
3 | included in a program of
study by one who is a registered | ||||||
4 | professional nurse under the laws of
another state or | ||||||
5 | territory of the United States or foreign country,
| ||||||
6 | territory or province and who is enrolled in a graduate | ||||||
7 | nursing education
program or a program for the completion | ||||||
8 | of a baccalaureate nursing degree in
this State, which | ||||||
9 | includes clinical supervision by faculty as
determined by | ||||||
10 | the educational institution offering the program and the
| ||||||
11 | health care organization where the practice of nursing | ||||||
12 | occurs. The
educational institution will file with the | ||||||
13 | Department each academic term a
list of the names and | ||||||
14 | origin of license of all professional nurses
practicing | ||||||
15 | nursing as part of their programs under this provision.
| ||||||
16 | (l) Any person licensed in this State under any other | ||||||
17 | Act from engaging
in the practice for which she or he is | ||||||
18 | licensed , including without limitation any person engaged | ||||||
19 | in the practice of midwifery who is licensed under the Home | ||||||
20 | Birth Safety Act .
| ||||||
21 | (m) Delegation to authorized direct care staff trained | ||||||
22 | under Section 15.4
of the Mental Health and
Developmental | ||||||
23 | Disabilities Administrative Act.
| ||||||
24 | An applicant for license practicing under the exceptions | ||||||
25 | set forth in
subparagraphs (g), (h), (i), and (j) of this | ||||||
26 | Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. |
| |||||||
| |||||||
1 | Pend. respectively and no other.
| ||||||
2 | (Source: P.A. 93-265, eff. 7-22-03.)
| ||||||
3 | Section 999. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|