SB0385 95TH GENERAL ASSEMBLY

LRB095 09142 RAS 29335 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0385

Introduced 2/7/2007, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.28 new
745 ILCS 49/41 new

Creates the Midwifery Licensure Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation. Grants rulemaking authority to the Department and provides that the rules shall include the establishment of criteria for licensure, professional conduct, and discipline. Creates the Illinois Midwifery Board. Sets forth provisions concerning informed consent, qualifications, licensure, title, continuing education, exemption from civil liability, and vicarious liability. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2018. Amends the Good Samaritan Act to provide for the exemption from civil liability.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Midwifery Licensure Act.

Section 5. Purpose. The General Assembly finds that midwifery practices affect public health, safety, and welfare and declares that the purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for licensed midwives, to promote high standards of professional performance for those licensed to practice midwifery in out-of-hospital settings in this State, and to protect the public from unprofessional conduct by persons licensed to practice midwifery.

Section 10. Definitions. In this Act:

"Board" means the Illinois Midwifery Board

"Certified Professional Midwife" means a person who has met the standards for certification set by the North American Registry of Midwives or its successor and has been awarded the Certified Professional Midwife (CPM) credential.

"Department" means the Department of Financial and Professional Regulation.

"Licensed midwife" means a person who has been granted a license under this Act to engage in the practice of midwifery.

"North American Registry of Midwives" or "NARM" means the accredited international agency, or its successor, that has established and has continued to administer certification for the credentialing of certified professional midwives.

"Practice of midwifery" means providing the necessary supervision, care, education, and advice to women during the antepartum, intrapartum, and postpartum period, conducting deliveries independently, and caring for the newborn, with such care including without limitation preventative measures, the detection of abnormal conditions in the mother or the child, the procurement of medical assistance, and the execution of emergency measures in the absence of medical help. "Practice of midwifery" includes well-woman gynecological services and non-prescriptive family planning.

"Secretary" means the Secretary of Financial and Professional Regulation.

Section 15. Exemptions. This Act does not apply to any of the following:

(1) Gratuitous services.

(2) Services granted as an expression of religious freedom.

(3) Midwifery that is included in the educational programs of student midwives working under the direct supervision of a preceptor midwife approved by the North American Registry of Midwives.

Section 20. Powers and duties of the Department.

(a) The Department shall adopt all rules necessary for the implementation and administration of this Act, including rules establishing criteria for licensure, professional conduct, and discipline; however, the Department must consult with the Board regarding rulemaking and review any responses and recommendations made by the Board. The rules adopted by the Department must provide for the following:

(1) the scope of practice and services provided regarding the use of equipment, procedures, and medications.

(2) the administration by a licensed midwife of oxygen during the practice of midwifery;

(3) the issuance of temporary permits to practice midwifery pending qualification for licensure; and

(4) the administration during the practice of midwifery, of oxytocin (Pitocin) and Methergine solely as postpartum anti-hemorrhagic agents, rhogam for the prevention of Rh sensitization, intravenous fluids for stabilization, lidocaine, vitamin K, eye prophylactics, and other drugs or procedures in keeping with current midwifery standards, as determined by the Department, and the procurement of prescriptions for such medications by a licensed midwife.

(b) The rules adopted by the Department under this Section may not:

(1) require a licensed midwife to practice midwifery under the supervision of, or in collaboration with, another healthcare provider;

(2) require a licensed midwife to enter into an agreement written or otherwise, with another health care provider; and

(3) permit a licensed midwife to use forceps, a vacuum extraction, or Cytotec.

Section 25. Illinois Midwifery Board.

(a) There is created under the authority of the Department the Illinois Midwifery Board, which shall consist of 7 members appointed by the Secretary, 4 of whom shall be licensed midwives, except that initial appointees must have at least 3 years of experience in the practice of midwifery in an out-of-hospital setting and meet the qualifications for licensure set forth in this Act; one of whom shall be a physician licensed under the Medical Practice Act of 1987 who has at least 3 years of experience in providing home birth services or a certified nurse midwife (CNM) who has at least 3 years of experience in providing home birth services; and 2 of whom shall be knowledgeable public members who have engaged a provider of midwifery services in an out-of-hospital birth setting. Board members shall serve 3-year terms, except that in the case of initial appointments, terms shall be staggered as follows: 3 members shall serve for 3 years, 2 members shall serve for 2 years, and 2 members shall serve for one year. No Board member may serve more than 3 consecutive terms. The Board shall annually elect a chairperson and vice chairperson.

(b) The Board shall provide the Department with recommendations concerning the administration of this Act and perform each of the following duties:

(1) Recommend to the Department the adoption and, from time to time, the revision of any rules that may be necessary to carry out the provisions of this Act, including those that are designed to protect the health, safety, and welfare of the public.

(2) Conduct hearings and disciplinary conferences on disciplinary charges of licensees.

(3) Report to the Department, upon completion of a hearing, the disciplinary actions recommended to be taken against a person found in violation this Act.

(4) Recommend the approval, denial of approval, and withdrawal of approval of required education and continuing educational programs.

(c) The Secretary shall give due consideration to all recommendations of the Board. If the Secretary takes action contrary to a recommendation of the Board, the Secretary must promptly provide a written explanation of that action.

(d) The Board may recommend to the Secretary that one or more licensed midwives be selected by the Secretary to assist in any investigation under this Act. Compensation be provided to any licensee who provides assistance under this subsection (d).

Section 30. Informed consent.

(a) A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules adopted by the Department under this Act and disclose to the client orally and in writing all of the following:

(1) The licensed midwife's experience and training.

(2) Whether the licensed midwife has malpractice liability insurance coverage and the policy limits of any such coverage.

(3) A written protocol for the handling of medical emergencies, including transportation to a hospital, particular to each client.

(4) Any other information required by the Department by rule.

(b) A copy of the informed consent document, signed, and dated by the client, must be kept in each client's chart.

Section 35. Qualifications. A person is qualified for licensure as a midwife if that person meets each of the following qualifications:

(1) He or she is at least 18 years of age.

(2) He or she has successfully completed a program of midwifery education approved by the North American Registry of Midwives or a successor organization which includes both didactic and clinical experience. The clinical component of that educational process must (i) include prenatal, intrapartal, and postpartal care as well as newborn care and (ii) be at least one year in duration and equivalent to 1350 clinical contact hours under the direct supervision of one or more preceptors approved by the North American Registry of Midwives.

(3) He or she has passed a written and practical skills examination for the practice of midwifery as administered by the North American Registry of Midwives or a successor organization.

(4) He or she holds a valid credential of Certified Professional Midwife granted by the North American Registry of Midwives or a successor organization.

Section 40. Conditional licensure. The Department may issue a midwifery license under this Act to an individual who submits evidence acceptable to the Department that he or she has experience in the practice of midwifery and has applied to the North American Registry of Midwives for certification as a Certified Professional Midwife. Any person issued a license by the Department under this Section shall have 2 years after the date of issuance of the license to complete the North American Registry of Midwives certification process. If certification status has not been attained at the completion of the 2-year period, the Department shall revoke the license issued under this Section.

Section 45. Licensure by endorsement. Upon the payment of any applicable licensure fees, the Department may issue a license under this Act to an applicant licensed, registered, or certified under the laws of another jurisdiction if the requirements for licensure, registration, or certification in that jurisdiction are, on the date of licensure, registration, or certification, substantially equivalent to the requirements of this Act.

Section 50. Title. A licensed Midwife may identify himself or herself as a Licensed Midwife or a Licensed Homebirth Midwife and may use the abbreviation L.M. A Licensed Midwife who carries the CPM credential may alternately identify himself or herself as a Licensed Certified Professional Midwife or Licensed CPM and may use the abbreviation CPM, LM.

Section 55. Continuing education. The Department shall adopt rules concerning continuing education requirements for licensees. These rules must require licensees under this Act to maintain Certified Professional Midwife certification by meeting all of the requirements set forth by the North American Registry of Midwives or a successor organization, which include the completion of 30 hours of continuing education per 3-year certification renewal cycle. A licensee shall be responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

Section 60. Exemption from civil liability. Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.

Section 65. Vicarious liability. No other licensed midwife, doctor of medicine, doctor of osteopathy, doctor of acupuncture, chiropractor, midwife, midwife-midwife, emergency medical personnel, first responder, or hospital or agent thereof, shall be liable for an injury resulting from an act or omission by a licensed midwife, even if he or she has consulted with or accepted a referral from the licensed midwife. Except as otherwise provided by law, no licensed midwife, doctor of medicine, doctor of osteopathy, doctor of acupuncture, chiropractor, midwife, midwife-midwife, emergency medical personnel, first responder, or hospital or agent thereof, may be exempt from liability for their own subsequent and independent negligent, grossly negligent, or willful and wanton acts or omissions.

Section 70. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 90. The Regulatory Sunset Act is amended by adding Section 4.28 as follows:

(5 ILCS 80/4.28 new)

Sec. 4.28. Act repealed on January 1, 2018. The following Act is repealed on January 1, 2018:

The Midwifery Licensure Act.

Section 95. The Good Samaritan Act is amended by adding Section 41 as follows:

(745 ILCS 49/41 new)

Sec. 41. Midwives; exemption from civil liability for emergency care. Any person licensed as a midwife under the Midwifery Licensure Act who in good faith provides emergency care without fee to a person shall not, as a result of her or his acts or omissions, except for willful or wanton misconduct on the part of the person, in providing the care, be liable for civil damages.