Full Text of SB0385 95th General Assembly
SB0385sam003 95TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/13/2007
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LRB095 09142 RAS 33520 a |
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| AMENDMENT TO SENATE BILL 385
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| AMENDMENT NO. ______. Amend Senate Bill 385 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Midwifery Licensure 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 |
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| midwifery, as defined in this Act. This Act shall be liberally | 2 |
| construed to best carry out these purposes. | 3 |
| Section 10. Exemptions. | 4 |
| (a) This Act does not prohibit a person licensed under any | 5 |
| other Act in this State from engaging in the practice for which | 6 |
| he or she is licensed or from delegating services as provided | 7 |
| for under that other Act. | 8 |
| (b) Nothing in this Act shall be construed to prohibit or | 9 |
| require licensing under this Act, with regard to any of the | 10 |
| following: | 11 |
| (1) The gratuitous rendering of services.
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| (2) The rendering of services by a person if such | 13 |
| attendance is in accordance with the person's religious | 14 |
| faith and is rendered to persons with a similar religious | 15 |
| faith as an exercise and enjoyment of their religious | 16 |
| freedom.
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| (3) Midwifery that is included in the educational | 18 |
| programs of student midwives working under the direct | 19 |
| supervision of a preceptor approved by the North American | 20 |
| Registry of Midwives.
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| Section 15. Definitions. In this Act: | 22 |
| "American Midwifery Certification Board" or "AMCB" means | 23 |
| the national certifying body for certified nurse-midwives | 24 |
| (CNM) and certified midwives (CM) or its successor.
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| "Board" means the Illinois Midwifery Board. | 2 |
| "Certified professional midwife" means a person who has met | 3 |
| the standards for certification set by the North American | 4 |
| Registry of Midwives and has been awarded the Certified | 5 |
| Professional Midwife (CPM) credential. | 6 |
| "Department" means the Department of Financial and | 7 |
| Professional Regulation. | 8 |
| "Licensed midwife" means a person who has been granted a | 9 |
| license under this Act to engage in the practice of midwifery. | 10 |
| "National Association of Certified Professional Midwives" | 11 |
| or "NACPM" means the professional organization, or its | 12 |
| successor, that promotes the growth and development of the | 13 |
| profession of certified professional midwives. | 14 |
| "North American Registry of Midwives" or "NARM" means the | 15 |
| accredited international agency, or its successor, that has | 16 |
| established and has continued to administer certification for | 17 |
| the credentialing of certified professional midwives. | 18 |
| "Practice of midwifery" means providing the necessary | 19 |
| supervision, care, education, and advice to women during the | 20 |
| antepartum, intrapartum, and postpartum period, conducting | 21 |
| deliveries independently, and caring for the newborn, with such | 22 |
| care including without limitation preventative measures, the | 23 |
| detection of abnormal conditions in the mother and the child, | 24 |
| the procurement of medical assistance, and the execution of | 25 |
| emergency measures in the absence of medical help. "Practice of | 26 |
| midwifery" includes non-prescriptive family planning. |
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| "Secretary" means the Secretary of Financial and | 2 |
| Professional Regulation.
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| Section 17. Unlicensed practice. Beginning 2 years after | 4 |
| the effective date of this Act, no person may practice, attempt | 5 |
| to practice, or hold himself or herself out to practice as a | 6 |
| licensed midwife unless he or she is licensed as a midwife | 7 |
| under this Act.
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| Section 20. Title.
A licensed midwife may identify himself | 9 |
| or herself as a Licensed Midwife or a Licensed Homebirth | 10 |
| Midwife and may use the abbreviation L.M. A licensed midwife | 11 |
| who carries the CPM credential may alternately identify himself | 12 |
| or herself as a Licensed Certified Professional Midwife or | 13 |
| Licensed CPM and may use the abbreviation CPM, LM. | 14 |
| A licensed midwife who carries the CNM credential may | 15 |
| alternately identify himself or herself as a Licensed Certified | 16 |
| Nurse-Midwife or Licensed CNM and may use the abbreviation CNM, | 17 |
| LM. A licensed midwife who carries the CM credential may | 18 |
| alternately identify himself or herself as a Licensed Certified | 19 |
| Midwife or Licensed CM and may use the abbreviation CM, LM. | 20 |
| Section 25. Informed consent. | 21 |
| (a) A licensed midwife shall, at an initial consultation | 22 |
| with a client, provide a copy of the rules adopted by the | 23 |
| Department under this Act and disclose to the client orally and |
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| in writing all of the 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 recommendation that the client obtain a physical | 10 |
| examination from an appropriately licensed provider. | 11 |
| (5) Any other information required by the Department by | 12 |
| rule. | 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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| Section 30. 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. | 22 |
| Except as otherwise provided by law, no licensed midwife, | 23 |
| doctor of medicine, doctor of osteopathy, acupuncturist, | 24 |
| chiropractor, midwife, nurse-midwife, emergency medical | 25 |
| personnel, first responder, or hospital or agent thereof may be |
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| exempt from liability for his or her own subsequent and | 2 |
| independent negligent, grossly negligent, or willful or wanton | 3 |
| acts or omissions.
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| 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 adopted by the Department.
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| (b) A licensee must include in every advertisement for | 11 |
| midwifery services regulated under this Act his or her title as | 12 |
| it appears on the license or the initials authorized under this | 13 |
| Act.
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| Section 40. Powers and duties of the Department; | 15 |
| rulemaking.
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| (a) The Department shall adopt all rules necessary for the | 17 |
| implementation and administration of this Act, including rules | 18 |
| establishing criteria for licensure, professional conduct, and | 19 |
| discipline; however, the Department must consult with the Board | 20 |
| regarding rulemaking and review any responses and | 21 |
| recommendations made by the Board. Initial rules concerning the | 22 |
| licensed practice of midwifery must be adopted on or before | 23 |
| January 1, 2008. | 24 |
| (b) All rules adopted by the Department under this Act must |
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| be consistent with standards regarding the practice of | 2 |
| midwifery established by the National Association of Certified | 3 |
| Professional Midwives or a successor organization whose | 4 |
| essential documents include without limitation subject matter | 5 |
| concerning scope of practice, standards of practice, informed | 6 |
| consent, appropriate consultation, collaboration or referral, | 7 |
| and acknowledgement of a woman's right to self determination | 8 |
| concerning her maternity care. | 9 |
| (c) Rules adopted by the Department must provide for the | 10 |
| following:
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| (1) the scope of practice and services provided | 12 |
| regarding the use of equipment, procedures, and | 13 |
| medications; | 14 |
| (2) the administration by a licensed midwife of oxygen | 15 |
| during the practice of midwifery; | 16 |
| (3) the issuance of temporary permits to practice | 17 |
| midwifery pending qualification for licensure; and | 18 |
| (4) the administration during the practice of | 19 |
| midwifery, of oxytocin (Pitocin) and Methergine solely as | 20 |
| postpartum anti-hemorrhagic agents, rhogam for the | 21 |
| prevention of Rh sensitization, intravenous fluids for | 22 |
| stabilization, vitamin K, eye prophylactics, and other | 23 |
| drugs or procedures in keeping with current midwifery | 24 |
| standards, as determined by the Department, and the | 25 |
| procurement of prescriptions for such medications by a | 26 |
| licensed midwife. |
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| (d) The rules adopted by the Department under this Section | 2 |
| may not: | 3 |
| (1) require a licensed midwife to have a nursing or | 4 |
| nurse-midwifery degree or diploma; | 5 |
| (2) require a licensed midwife to practice midwifery | 6 |
| under the supervision of or in collaboration with another | 7 |
| healthcare provider; | 8 |
| (3) require a licensed midwife to enter into an | 9 |
| agreement, written or otherwise, with another health care | 10 |
| provider; and | 11 |
| (4) permit a licensed midwife to use forceps, a vacuum | 12 |
| extraction, or Cytotec or its generic equivalent.
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| (e) The Department shall, on a quarterly basis, issue a | 14 |
| status report to the Board of all complaints submitted to | 15 |
| the Department related to the midwifery profession. | 16 |
| Section 45. Illinois Midwifery Board.
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| (a) There is created under the authority of the Department | 18 |
| the Illinois Midwifery Board, which shall consist of 7 members | 19 |
| appointed by the Secretary, 4 of whom shall be licensed | 20 |
| midwives who carry the CPM credential, except that initial | 21 |
| appointees must have at least 3 years of experience in the | 22 |
| practice of midwifery in an out-of-hospital setting, be | 23 |
| certified by the North American Registry of Midwives, and meet | 24 |
| the qualifications for licensure set forth in this Act; one of | 25 |
| whom shall be an obstetrician licensed under the Medical |
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| Practice Act of 1987 who has a minimum of 2 years of experience | 2 |
| working or consulting with homebirth providers or, | 3 |
| alternately, a family practice physician licensed under the | 4 |
| Medical Practice Act of 1987 who has a minimum of 2 years of | 5 |
| experience providing homebirth services; one of whom shall be a | 6 |
| certified nurse midwife who has at least 2 years of experience | 7 |
| in providing home birth services; and one of whom shall be a | 8 |
| knowledgeable public member who has given birth with the | 9 |
| assistance of a certified professional midwife in an | 10 |
| out-of-hospital birth setting. Board members shall serve | 11 |
| 4-year terms, except that in the case of initial appointments, | 12 |
| terms shall be staggered as follows: 3 members shall serve for | 13 |
| 4 years, 2 members shall serve for 3 years, and 2 members shall | 14 |
| serve for 2 years. The Board shall annually elect a chairperson | 15 |
| and vice chairperson. | 16 |
| (b) Any appointment made to fill a vacancy shall be for the | 17 |
| unexpired portion of the term. Appointments to fill vacancies | 18 |
| shall be made in the same manner as original appointments. No | 19 |
| Board member may be reappointed for a term that would cause his | 20 |
| or her continuous service on the Board to exceed 9 years. | 21 |
| (c) Board membership must have reasonable representation | 22 |
| from different geographic areas of this State. | 23 |
| (d) The members of the Board shall be reimbursed for all | 24 |
| legitimate, necessary, and authorized expenses incurred in | 25 |
| attending the meetings of the Board.
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| (e) The Secretary may remove any member for cause at any |
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| time prior to the expiration of his or her term.
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| (f) A majority of the Board members currently appointed | 3 |
| shall constitute a quorum. A vacancy in the membership of the | 4 |
| Board shall not impair the right of a quorum to perform all of | 5 |
| the duties of the Board.
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| (g) The Board shall provide the Department with | 7 |
| recommendations concerning the administration of this Act and | 8 |
| perform each of the following duties: | 9 |
| (1) Recommend to the Department the adoption and, from | 10 |
| time to time, the revision of any rules that may be | 11 |
| necessary to carry out the provisions of this Act, | 12 |
| including those that are designed to protect the health, | 13 |
| safety, and welfare of the public. | 14 |
| (2) Conduct hearings and disciplinary conferences on | 15 |
| disciplinary charges of licensees. | 16 |
| (3) Report to the Department, upon completion of a | 17 |
| hearing, the disciplinary actions recommended to be taken | 18 |
| against a person found in violation this Act.
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| (4) Recommend the approval, denial of approval, and | 20 |
| withdrawal of approval of required education and | 21 |
| continuing educational programs.
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| (h) The Secretary shall give due consideration to all | 23 |
| recommendations of the Board. If the Secretary takes action | 24 |
| contrary to a recommendation of the Board, the Secretary must | 25 |
| promptly provide a written explanation of that action. | 26 |
| (i) The Board may recommend to the Secretary that one or |
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| more licensed midwives be selected by the Secretary to assist | 2 |
| in any investigation under this Act. Compensation shall be | 3 |
| provided to any licensee who provides assistance under this | 4 |
| subsection (i), in an amount determined by the Secretary.
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| (j) Members of the Board shall be immune from suit in an | 6 |
| action based upon a disciplinary proceeding or other activity | 7 |
| performed in good faith as a member of the Board, except for | 8 |
| willful or wanton misconduct.
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| Section 50. Qualifications. | 10 |
| (a) A person is qualified for licensure as a midwife if | 11 |
| that person meets each of the following qualifications: | 12 |
| (1) He or she has successfully completed a program of | 13 |
| midwifery education approved by the North American | 14 |
| Registry of Midwives which includes both didactic and | 15 |
| clinical experience, the sum of which, on average, takes 3 | 16 |
| to 5 years to complete. | 17 |
| (A) The didactic component of the educational | 18 |
| program required under item (1) of this Section must | 19 |
| include the procurement of knowledge, which may be | 20 |
| demonstrated in either a classroom or clinical | 21 |
| setting, of at least all of the following subject | 22 |
| matters: | 23 |
| (i) Midwifery counseling, education, and | 24 |
| communication, including childbirth education;
the | 25 |
| physical and emotional process of pregnancy and |
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| birth;
informed consent;
confidentiality;
diet, | 2 |
| nutrition, and vitamins;
prenatal testing and lab | 3 |
| work;
female reproductive anatomy and physiology;
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| prenatal exercise;
breast self-exams;
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| environmental and teratogenic hazards to | 6 |
| pregnancy;
the benefits and risks of birth site | 7 |
| options;
preparing for birth at home or at a birth | 8 |
| center;
and an emergency care plan. | 9 |
| (ii) General healthcare skills, including
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| universal precautions and aseptic techniques;
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| recognizing and managing symptoms of shock;
adult | 12 |
| and infant cardio-pulmonary resuscitation (CPR); | 13 |
| the benefits and risks of ultrasound; and the | 14 |
| appropriate use of medications in childbirth, such | 15 |
| as
lidocaine or other numbing agents for repair of | 16 |
| lacerations,
medical oxygen,
methergine and | 17 |
| pitocin to prevent postpartum hemorrhage,
eye | 18 |
| prophylaxis,
RhoGam,
and Vitamin K.
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| (iii) The appropriate use and care of | 20 |
| equipment, including bags and masks;
bulb | 21 |
| syringes;
delee suction;
hemostats;
lancets;
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| suturing equipment;
urinary catheters;
and | 23 |
| vacutainer collection tubes.
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| (iv) The appropriate evaluation of laboratory | 25 |
| records, including records related to
hematocrit;
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| blood sugar;
HIV;
Hepatitis B and C;
Rubella;
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| Syphilis;
Group B Strep;
Gonorrhea cultures;
blood | 2 |
| type and Rh factors;
Rh antibodies;
Chlamydia, and
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| PAP smears. | 4 |
| (v) Maternal health assessment, including
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| health, reproductive, and family health history | 6 |
| and complete initial physical examinations to | 7 |
| identify normalcy, including
examinations related | 8 |
| to the head, eyes, ears, nose, and throat;
weight | 9 |
| and height;
vital signs;
thyroid;
lymph glands;
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| breasts;
reflexes;
heart and lungs;
abdominal | 11 |
| palpatations;
kidney pain;
pelvic landmarks, | 12 |
| uterus, cervix, and vagina;
musculo-skeletal | 13 |
| system; and
vascular system.
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| (vi) Prenatal care, including
routine prenatal | 15 |
| examinations for
health and well-being;
signs and | 16 |
| symptoms of infection;
vital signs;
nutritional | 17 |
| status;
blood work or lab results;
urine for | 18 |
| glucose, protein, and ketones;
fetal heart rate;
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| assessment of fetal growth and well-being;
and | 20 |
| fetal position by palpation. | 21 |
| (vii) The recognition of and response to or | 22 |
| referral for potential complications, including | 23 |
| bleeding;
hypertension;
any abnormal signs in the | 24 |
| prenatal exam, including without limitation blood | 25 |
| work and growth;
malpresentation;
multiple | 26 |
| gestation;
vaginal birth after cesarean;
pre-term |
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| labor;
post-date pregnancy; and
premature rupture | 2 |
| of membranes.
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| (viii) Labor, birth, and immediate postpartum, | 4 |
| including
signs of prodromal or active labor;
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| maternal comfort measures for labor;
maternal | 6 |
| vital signs;
normal and abnormal labor patterns;
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| fetal lie, presentation, position, and descent;
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| effacement and dilation of the cervix;
and normal, | 9 |
| spontaneous, and vaginal birth. | 10 |
| (ix) The appropriate response to abnormal | 11 |
| conditions in labor, including
signs of fetal | 12 |
| distress;
variations in presentation;
maternal | 13 |
| exhaustion; and
excessive bleeding. | 14 |
| (x) The immediate care and assessment of the | 15 |
| newborn. | 16 |
| (xi) The immediate care and assessment of the | 17 |
| mother.
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| (xii) The delivery of the placenta. | 19 |
| (xiii) The assessment and repair of the | 20 |
| perineum. | 21 |
| (xiv) Postpartum, including the
daily and | 22 |
| weekly assessment of the mother and newborn;
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| breastfeeding support;
the filing of birth | 24 |
| certificates;
and assessing, treating, or | 25 |
| referring for
postpartum depression,
uterine or | 26 |
| breast infections, and
abnormal newborn jaundice. |
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| (xv) Well baby care, including the
assessment | 2 |
| of normal or abnormal newborn conditions and | 3 |
| referral, as necessary, in first six weeks, such as
| 4 |
| respirations;
temperature;
heart rate and rhythm;
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| appropriate weight gain;
appropriate size and | 6 |
| growth;
reflexes;
elimination patterns; feeding | 7 |
| patterns;
thrush; jaundice; diaper rash; cradle | 8 |
| cap; colic; and
any significant deviation from | 9 |
| normalcy.
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| (xvi) Metabolic screening for the newborn.
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| (B) The clinical component of the educational | 12 |
| process must do each of the following: | 13 |
| (i) Include prenatal, intrapartal, and
| 14 |
| postpartal care as well as newborn care.
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| (ii) Be at least one year in duration. | 16 |
| (iii) Be equivalent to 1,350 clinical contact | 17 |
| hours under the direct supervision of one
or more | 18 |
| preceptors approved by the North American Registry | 19 |
| of Midwives.
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| (iv) Be based upon a job analyses designed and | 21 |
| implemented in accordance with the standards set | 22 |
| by the National Commission on Certifying Agencies | 23 |
| or its successor, which identifies core topics | 24 |
| that must be mastered for the performance of | 25 |
| midwifery skills in an out-of-hospital setting. | 26 |
| (v) Require the student to receive an |
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| assessment of competency as an assistant at a | 2 |
| minimum of 20 births and as the primary midwife at | 3 |
| a minimum of 75 prenatal exams, 20 initial exams, | 4 |
| 20 births, 20 newborn exams, and 40 postpartum | 5 |
| exams.
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| (vi) Include certification in adult CPR and | 7 |
| infant CPR or neonatal resuscitation.
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| (vii) Document clinical experience in an | 9 |
| out-of-hospital setting. | 10 |
| (2) He or she has passed an 8-hour written and | 11 |
| practical skills examination for the practice of midwifery | 12 |
| that has been developed following the standards set by the | 13 |
| National Commission for Certifying Agencies or a successor | 14 |
| organization and is administered by the North American | 15 |
| Registry of Midwives. | 16 |
| (3) He or she holds a valid CPM credential granted by | 17 |
| the North American Registry of Midwives.
| 18 |
| (b) An individual who has not completed the requirements of | 19 |
| subsection (a) of this Section shall be deemed qualified for | 20 |
| licensure as a midwife if that person holds a valid CNM or CM | 21 |
| credential granted by the American Midwifery Certification | 22 |
| Board and practices midwifery in an out-of-hospital setting. | 23 |
| Section 55. Conditional licensure. For a period of one year | 24 |
| after the effective date of this Act, the Department may issue | 25 |
| a conditional license to an applicant who submits acceptable |
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| proof to the Department that he or she has practiced midwifery | 2 |
| prior to the effective date of this Act and has applied to the | 3 |
| North American Registry of Midwives for certification as a | 4 |
| certified professional midwife. A conditional license issued | 5 |
| under this Section shall automatically terminate one year after | 6 |
| the date of issue unless the applicant has, by such time, | 7 |
| successfully completed the certification examination provided | 8 |
| by the North American Registry of Midwives.
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| Section 60. Application; temporary licensure. | 10 |
| (a) Application for an original license must be made to the | 11 |
| Department in writing on forms prescribed by the Department and | 12 |
| must be accompanied by the required fee, which shall be | 13 |
| nonrefundable. The application shall require all information | 14 |
| that, in the judgment of the Department, shall enable the | 15 |
| Department to pass on the qualifications of an applicant for | 16 |
| licensure. | 17 |
| (b) Applicants for licensure under this Act have 2 years | 18 |
| after the date of application to complete the application | 19 |
| process. If the process has not been completed in 2 years, the | 20 |
| application shall be denied and the fee forfeited, and the | 21 |
| applicant must reapply and meet all requirements in effect at | 22 |
| the time of reapplication. | 23 |
| (c) Pending the issuance of a license, the Department may | 24 |
| grant an applicant a temporary license to practice midwifery as | 25 |
| a licensed midwife if the Department is satisfied that the |
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| applicant holds an active, unencumbered license in good | 2 |
| standing in another jurisdiction. | 3 |
| Section 65. Social Security Number on application. In | 4 |
| addition to any other information required to be contained in | 5 |
| the application, every application for an original, renewal, | 6 |
| reinstated, or restored license under this Act shall include | 7 |
| the applicant's Social Security Number. | 8 |
| Section 70. Licensure by endorsement. Upon the payment of | 9 |
| any applicable licensure fees, the Department may issue a | 10 |
| license under this Act to an applicant licensed, registered, or | 11 |
| certified under the laws of another jurisdiction if the | 12 |
| requirements for licensure, registration, or certification in | 13 |
| that jurisdiction are, on the date of licensure, registration, | 14 |
| or certification, substantially equivalent to the requirements | 15 |
| of this Act. | 16 |
| Section 75. Continuing education. | 17 |
| (a) The Department shall adopt rules of continuing | 18 |
| education for persons licensed under this Act that require at | 19 |
| least 25 hours of continuing education and 5 hours of peer | 20 |
| review, per 3-year license renewal cycle.
| 21 |
| (b) The rules shall require the licensed midwife to | 22 |
| maintain CPM certification by meeting all the requirements set | 23 |
| forth by the North American Registry of Midwives or to maintain |
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| CNM or CM certification by meeting all the requirements set | 2 |
| forth by the American Midwifery Certification Board.
| 3 |
| (c) Each licensee is responsible for maintaining records of | 4 |
| completion of continuing education and shall be prepared to | 5 |
| produce the records when requested by the Department.
| 6 |
| (d) Continuing education requirements may be waived in | 7 |
| cases of extreme hardship, as defined by rules of the | 8 |
| Department. | 9 |
| Section 80. Inactive status. | 10 |
| (a) A licensed midwife who notifies the Department in | 11 |
| writing on forms prescribed by the Department may elect to | 12 |
| place his or her license on an inactive status and shall be | 13 |
| excused from payment of renewal fees until he or she notifies | 14 |
| the Department in writing of his or her intent to restore the | 15 |
| license.
| 16 |
| (b) A licensed midwife whose license is on inactive status | 17 |
| may not practice licensed midwifery in the State of Illinois.
| 18 |
| (c) A licensed midwife requesting restoration from | 19 |
| inactive status shall be required to pay the current renewal | 20 |
| fee and to restore his or her license, as provided by the | 21 |
| Department by rule.
| 22 |
| (d) Any licensee who engages in the practice of midwifery | 23 |
| while his or her license is lapsed or on inactive status shall | 24 |
| be considered to be practicing without a license, which shall | 25 |
| be grounds for discipline.
|
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| Section 85. Renewal, reinstatement, or restoration of | 2 |
| licensure; military service. | 3 |
| (a) The expiration date and renewal period for each license | 4 |
| issued under this Act shall be set by the Department by rule.
| 5 |
| (b) All renewal applicants shall provide proof of having | 6 |
| met the requirements of continuing education set forth by the | 7 |
| North American Registry of Midwives or the American Midwifery | 8 |
| Certification Board. The Department shall, by rule, provide for | 9 |
| an orderly process for the reinstatement of licenses that have | 10 |
| not been renewed due to failure to meet continuing education | 11 |
| requirements.
| 12 |
| (c) Any licensed midwife who has permitted his or her | 13 |
| license to expire or who has had his or her license on inactive | 14 |
| status may have his or her license restored by making | 15 |
| application to the Department and filing proof acceptable to | 16 |
| the Department of fitness to have the license restored and by | 17 |
| paying the required fees. Proof of fitness may include evidence | 18 |
| attesting to active lawful practice in another jurisdiction.
| 19 |
| (d) The Department shall determine, by an evaluation | 20 |
| program established by rule, fitness for restoration of a | 21 |
| license under this Section and shall establish procedures and | 22 |
| requirements for restoration.
| 23 |
| (e) Any licensed midwife whose license expired while he or | 24 |
| she was (i) in federal service on active duty with the Armed | 25 |
| Forces of the United States or the State Militia and called |
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| into service or training or (ii) in training or education under | 2 |
| the supervision of the United States preliminary to induction | 3 |
| into the military service may have his or her license restored | 4 |
| without paying any lapsed renewal fees, if, within 2 years | 5 |
| after honorable termination of service, training, or | 6 |
| education, he or she furnishes the Department with satisfactory | 7 |
| evidence to the effect that he or she has been so engaged.
| 8 |
| Section 90. Roster. The Department shall maintain a roster | 9 |
| of the names and addresses of all licensees and of all persons | 10 |
| whose licenses have been suspended or revoked. This roster | 11 |
| shall be available upon written request and payment of the | 12 |
| required fee. | 13 |
| Section 95. Fees. | 14 |
| (a) The Department shall, by rule, provide for a schedule | 15 |
| of fees for the administration and enforcement of this Act, | 16 |
| including without limitation original licensure, renewal, and | 17 |
| restoration, which fees shall be nonrefundable.
| 18 |
| (b) All fees collected under this Act shall be deposited | 19 |
| into the General Professions Dedicated Fund and appropriated to | 20 |
| the Department for the ordinary and contingent expenses of the | 21 |
| Department in the administration of this Act.
| 22 |
| Section 100. Returned checks; fines. Any person who | 23 |
| delivers a check or other payment to the Department that is |
|
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| returned to the Department unpaid by the financial institution | 2 |
| upon which it is drawn shall pay to the Department, in addition | 3 |
| to the amount already owed to the Department, a fine of $50. | 4 |
| The fines imposed by this Section are in addition to any other | 5 |
| discipline provided under this Act for unlicensed practice or | 6 |
| practice on a non-renewed license. The Department shall notify | 7 |
| the person that fees and fines shall be paid to the Department | 8 |
| by certified check or money order within 30 calendar days after | 9 |
| the notification. If, after the expiration of 30 days from the | 10 |
| date of the notification, the person has failed to submit the | 11 |
| necessary remittance, the Department shall automatically | 12 |
| terminate the license or deny the application, without hearing. | 13 |
| If, after termination or denial, the person seeks a license, he | 14 |
| or she shall apply to the Department for restoration or | 15 |
| issuance of the license and pay all fees and fines due to the | 16 |
| Department. The Department may establish a fee for the | 17 |
| processing of an application for restoration of a license to | 18 |
| defray all expenses of processing the application. The | 19 |
| Secretary may waive the fines due under this Section in | 20 |
| individual cases where the Secretary finds that the fines would | 21 |
| be unreasonable or unnecessarily burdensome. | 22 |
| Section 105. Unlicensed practice; civil penalty. Any | 23 |
| person who practices, offers to practice, attempts to practice, | 24 |
| or holds himself or herself out to practice midwifery or as a | 25 |
| midwife without being licensed under this Act shall, in |
|
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| addition to any other penalty provided by law, pay a civil | 2 |
| penalty to the Department in an amount not to exceed $5,000 for | 3 |
| each offense, as determined by the Department. The civil | 4 |
| penalty shall be assessed by the Department after a hearing is | 5 |
| held in accordance with the provisions set forth in this Act | 6 |
| regarding the provision of a hearing for the discipline of a | 7 |
| licensee.
The civil penalty shall be paid within 60 days after | 8 |
| the effective date of the order imposing the civil penalty. The | 9 |
| order shall constitute a judgment and may be filed and | 10 |
| execution had thereon in the same manner as any judgment from | 11 |
| any court of record.
The Department may investigate any | 12 |
| unlicensed activity. | 13 |
| Section 110. Exemption from civil liability. Exemption | 14 |
| from civil liability for emergency care and for services | 15 |
| rendered without compensation is as provided in the Good | 16 |
| Samaritan Act. | 17 |
| Section 115. Grounds for disciplinary action. The | 18 |
| Department may refuse to issue or to renew or may revoke, | 19 |
| suspend, place on probation, reprimand or take other | 20 |
| disciplinary action as the Department may deem proper, | 21 |
| including fines not to exceed $5,000 for each violation, with | 22 |
| regard to any licensee or license for any one or combination of | 23 |
| the following causes: | 24 |
| (1) Violations of this Act or its rules.
|
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| (2) Material misstatement in furnishing information to | 2 |
| the Department.
| 3 |
| (3) Conviction of any crime under the laws of any U.S. | 4 |
| jurisdiction that is (i) a felony, (ii) a misdemeanor, an | 5 |
| essential element of which is dishonesty, or (iii) directly | 6 |
| related to the practice of the profession.
| 7 |
| (4) Making any misrepresentation for the purpose of | 8 |
| obtaining a license.
| 9 |
| (5) Professional incompetence or gross negligence.
| 10 |
| (6) Gross malpractice.
| 11 |
| (7) Aiding or assisting another person in violating any | 12 |
| provision of this Act or its rules.
| 13 |
| (8) Failing to provide information within 60 days in | 14 |
| response to a written request made by the Department.
| 15 |
| (9) Engaging in dishonorable, unethical, or | 16 |
| unprofessional conduct of a character likely to deceive, | 17 |
| defraud, or harm the public.
| 18 |
| (10) Habitual or excessive use or addiction to alcohol, | 19 |
| narcotics, stimulants, or any other chemical agent or drug | 20 |
| that results in the inability to practice with reasonable | 21 |
| judgment, skill, or safety.
| 22 |
| (11) Discipline by another U.S. jurisdiction or | 23 |
| foreign nation if at least one of the grounds for the | 24 |
| discipline is the same or substantially equivalent to those | 25 |
| set forth in this Act.
| 26 |
| (12) Directly or indirectly giving to or receiving from |
|
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| any person, firm, corporation, partnership, or association | 2 |
| any fee, commission, rebate, or other form of compensation | 3 |
| for any professional services not actually or personally | 4 |
| rendered. This shall not be deemed to include rent or other | 5 |
| remunerations paid to an individual, partnership, or | 6 |
| corporation by a licensed midwife for the lease, rental, or | 7 |
| use of space, owned or controlled by the individual, | 8 |
| partnership, corporation, or association.
| 9 |
| (13) A finding by the Department that the licensee, | 10 |
| after having his or her license placed on probationary | 11 |
| status, has violated the terms of probation.
| 12 |
| (14) Abandonment of a patient without cause.
| 13 |
| (15) Willfully making or filing false records or | 14 |
| reports relating to a licensee's practice, including, but | 15 |
| not limited to, false records filed with State agencies or | 16 |
| departments.
| 17 |
| (16) Physical illness or mental illness, including, | 18 |
| but not limited to, deterioration through the aging process | 19 |
| or loss of motor skill that results in the inability to | 20 |
| practice the profession with reasonable judgment, skill, | 21 |
| or safety.
| 22 |
| (17) Failure to provide a patient with a copy of his or | 23 |
| her record upon the written request of the patient.
| 24 |
| (18) Conviction by any court of competent | 25 |
| jurisdiction, either within or without this State, of any | 26 |
| violation of any law governing the practice of licensed |
|
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| midwifery or conviction in this or another state of any | 2 |
| crime that is a felony under the laws of this State or | 3 |
| conviction of a felony in a federal court, if the | 4 |
| Department determines, after investigation, that the | 5 |
| person has not been sufficiently rehabilitated to warrant | 6 |
| the public trust.
| 7 |
| (19) A finding that licensure has been applied for or | 8 |
| obtained by fraudulent means.
| 9 |
| (20) Being named as a perpetrator in an indicated | 10 |
| report by the Department of Healthcare and Family Services | 11 |
| under the Abused and Neglected Child Reporting Act and upon | 12 |
| proof by clear and convincing evidence that the licensee | 13 |
| has caused a child to be an abused child or a neglected | 14 |
| child, as defined in the Abused and Neglected Child | 15 |
| Reporting Act.
| 16 |
| (21) Practicing or attempting to practice under a name | 17 |
| other than the full name shown on a license issued under | 18 |
| this Act.
| 19 |
| (22) Immoral conduct in the commission of any act, such | 20 |
| as sexual abuse, sexual misconduct, or sexual | 21 |
| exploitation, related to the licensee's practice.
| 22 |
| (23) Maintaining a professional relationship with any | 23 |
| person, firm, or corporation when the licensed midwife | 24 |
| knows or should know that a person, firm, or corporation is | 25 |
| violating this Act.
| 26 |
| (24) Failure to provide satisfactory proof of having |
|
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| participated in approved continuing education programs as | 2 |
| determined by the Board and approved by the Secretary. | 3 |
| Exceptions for extreme hardships are to be defined by the | 4 |
| Department by rule.
| 5 |
| (b) The Department may refuse to issue or may suspend the | 6 |
| license of any person who fails to (i) file a tax return or to | 7 |
| pay the tax, penalty, or interest shown in a filed return or | 8 |
| (ii) pay any final assessment of the tax, penalty, or interest, | 9 |
| as required by any tax Act administered by the Illinois | 10 |
| Department of Revenue, until the time that the requirements of | 11 |
| that tax Act are satisfied.
| 12 |
| (c) The determination by a circuit court that a licensee is | 13 |
| subject to involuntary admission or judicial admission as | 14 |
| provided in the Mental Health and Developmental Disabilities | 15 |
| Code operates as an automatic suspension. The suspension shall | 16 |
| end only upon a finding by a court that the patient is no | 17 |
| longer subject to involuntary admission or judicial admission, | 18 |
| the issuance of an order so finding and discharging the | 19 |
| patient, and the recommendation of the Board to the Secretary | 20 |
| that the licensee be allowed to resume his or her practice.
| 21 |
| (d) In enforcing this Section, the Department, upon a | 22 |
| showing of a possible violation, may compel any person licensed | 23 |
| to practice under this Act or who has applied for licensure or | 24 |
| certification pursuant to this Act to submit to a mental or | 25 |
| physical examination, or both, as required by and at the | 26 |
| expense of the Department. The examining physicians shall be |
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| those specifically designated by the Department. The | 2 |
| Department may order an examining physician to present | 3 |
| testimony concerning the mental or physical examination of the | 4 |
| licensee or applicant. No information shall be excluded by | 5 |
| reason of any common law or statutory privilege relating to | 6 |
| communications between the licensee or applicant and the | 7 |
| examining physician. The person to be examined may have, at his | 8 |
| or her own expense, another physician of his or her choice | 9 |
| present during all aspects of the examination. Failure of any | 10 |
| person to submit to a mental or physical examination when | 11 |
| directed shall be grounds for suspension of a license until the | 12 |
| person submits to the examination if the Department finds, | 13 |
| after notice and hearing, that the refusal to submit to the | 14 |
| examination was without reasonable cause.
| 15 |
| If the Department finds an individual unable to practice | 16 |
| because of the reasons set forth in this subsection (d), the | 17 |
| Department may require that individual to submit to care, | 18 |
| counseling, or treatment by physicians approved or designated | 19 |
| by the Department, as a condition, term, or restriction for | 20 |
| continued, reinstated, or renewed licensure to practice or, in | 21 |
| lieu of care, counseling, or treatment, the Department may file | 22 |
| a complaint to immediately suspend, revoke, or otherwise | 23 |
| discipline the license of the individual.
Any person whose | 24 |
| license was granted, reinstated, renewed, disciplined, or | 25 |
| supervised subject to such terms, conditions, or restrictions | 26 |
| and who fails to comply with such terms, conditions, or |
|
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| restrictions shall be referred to the Secretary for a | 2 |
| determination as to whether or not the person shall have his or | 3 |
| her license suspended immediately, pending a hearing by the | 4 |
| Department.
| 5 |
| In instances in which the Secretary immediately suspends a | 6 |
| person's license under this Section, a hearing on that person's | 7 |
| license must be convened by the Department within 15 days after | 8 |
| the suspension and completed without appreciable delay. The | 9 |
| Department may review the person's record of treatment and | 10 |
| counseling regarding the impairment, to the extent permitted by | 11 |
| applicable federal statutes and regulations safeguarding the | 12 |
| confidentiality of medical records.
| 13 |
| A person licensed under this Act and affected under this | 14 |
| subsection (d) shall be afforded an opportunity to demonstrate | 15 |
| to the Department that he or she can resume practice in | 16 |
| compliance with acceptable and prevailing standards under the | 17 |
| provisions of his or her license.
| 18 |
| Section 120. Failure to pay restitution. The Department, | 19 |
| without further process or hearing, shall suspend the license | 20 |
| or other authorization to practice of any person issued under | 21 |
| this Act who has been certified by court order as not having | 22 |
| paid restitution to a person under Section 8A-3.5 of the | 23 |
| Illinois Public Aid Code or under Section 46-1 of the Criminal | 24 |
| Code of 1961. A person whose license or other authorization to | 25 |
| practice is suspended under this Section is prohibited from |
|
|
|
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| practicing until restitution is made in full. | 2 |
| Section 125. Injunction; cease and desist order. | 3 |
| (a) If a person violates any provision of this Act, the | 4 |
| Secretary may, in the name of the People of the State of | 5 |
| Illinois, through the Attorney General or the State's Attorney | 6 |
| of any county in which the action is brought, petition for an | 7 |
| order enjoining the violation or enforcing compliance with this | 8 |
| Act. Upon the filing of a verified petition in court, the court | 9 |
| may issue a temporary restraining order, without notice or | 10 |
| bond, and may preliminarily and permanently enjoin the | 11 |
| violation. If it is established that the person has violated or | 12 |
| is violating the injunction, the court may punish the offender | 13 |
| for contempt of court. Proceedings under this Section shall be | 14 |
| in addition to, and not in lieu of, all other remedies and | 15 |
| penalties provided by this Act.
| 16 |
| (b) If any person practices as a licensed midwife or holds | 17 |
| himself or herself out as a licensed midwife without being | 18 |
| licensed under the provisions of this Act then any licensed | 19 |
| midwife, any interested party, or any person injured thereby | 20 |
| may, in addition to the Secretary, petition for relief as | 21 |
| provided in subsection (a) of this Section.
| 22 |
| (c) Whenever, in the opinion of the Department, any person | 23 |
| violates any provision of this Act, the Department may issue a | 24 |
| rule to show cause why an order to cease and desist should not | 25 |
| be entered against that person. The rule shall clearly set |
|
|
|
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| forth the grounds relied upon by the Department and shall | 2 |
| provide a period of 7 days after the date of the rule to file an | 3 |
| answer to the satisfaction of the Department. Failure to answer | 4 |
| to the satisfaction of the Department shall cause an order to | 5 |
| cease and desist to be issued immediately.
| 6 |
| Section 130. Violation; criminal penalty. | 7 |
| (a) Whoever knowingly practices or offers to practice | 8 |
| midwifery in this State without being licensed for that purpose | 9 |
| or exempt under this Act shall be guilty of a Class A | 10 |
| misdemeanor and, for each subsequent conviction, shall be | 11 |
| guilty of a Class 4 felony.
| 12 |
| (b) Any person who is found to have violated any other | 13 |
| provision of this Act is guilty of a Class A misdemeanor.
| 14 |
| (c) Notwithstanding any other provision of this Act, all | 15 |
| criminal fines, moneys, or other property collected or received | 16 |
| by the Department under this Section or any other State or | 17 |
| federal statute, including, but not limited to, property | 18 |
| forfeited to the Department under Section 505 of the Illinois | 19 |
| Controlled Substances Act or Section 85 of the Methamphetamine | 20 |
| Control and Community Protection Act, shall be deposited into | 21 |
| the Professional Regulation Evidence Fund.
| 22 |
| Section 135. Investigation; notice; hearing. The | 23 |
| Department may investigate the actions of any applicant or of | 24 |
| any person or persons holding or claiming to hold a license |
|
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| under this Act. Before refusing to issue or to renew or taking | 2 |
| any disciplinary action regarding a license, the Department | 3 |
| shall, at least 30 days prior to the date set for the hearing, | 4 |
| notify in writing the applicant or licensee of the nature of | 5 |
| any charges and that a hearing shall be held on a date | 6 |
| designated. The Department shall direct the applicant or | 7 |
| licensee to file a written answer with the Board under oath | 8 |
| within 20 days after the service of the notice and inform the | 9 |
| applicant or licensee that failure to file an answer shall | 10 |
| result in default being taken against the applicant or licensee | 11 |
| and that the license may be suspended, revoked, or placed on | 12 |
| probationary status or that other disciplinary action may be | 13 |
| taken, including limiting the scope, nature, or extent of | 14 |
| practice, as the Secretary may deem proper. Written notice may | 15 |
| be served by personal delivery or certified or registered mail | 16 |
| to the respondent at the address of his or her last | 17 |
| notification to the Department. If the person fails to file an | 18 |
| answer after receiving notice, his or her license may, in the | 19 |
| discretion of the Department, be suspended, revoked, or placed | 20 |
| on probationary status, or the Department may take any | 21 |
| disciplinary action deemed proper, including limiting the | 22 |
| scope, nature, or extent of the person's practice or the | 23 |
| imposition of a fine, without a hearing, if the act or acts | 24 |
| charged constitute sufficient grounds for such action under | 25 |
| this Act. At the time and place fixed in the notice, the Board | 26 |
| shall proceed to hear the charges and the parties or their |
|
|
|
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| counsel shall be accorded ample opportunity to present such | 2 |
| statements, testimony, evidence, and argument as may be | 3 |
| pertinent to the charges or to their defense. The Board may | 4 |
| continue a hearing from time to time. | 5 |
| Section 140. Formal hearing; preservation of record. The | 6 |
| Department, at its expense, shall preserve a record of all | 7 |
| proceedings at the formal hearing of any case. The notice of | 8 |
| hearing, complaint, and all other documents in the nature of | 9 |
| pleadings and written motions filed in the proceedings, the | 10 |
| transcript of testimony, the report of the Board or hearing | 11 |
| officer, and order of the Department shall be the record of the | 12 |
| proceeding. The Department shall furnish a transcript of the | 13 |
| record to any person interested in the hearing upon payment of | 14 |
| the fee required under Section 2105-115 of the Department of | 15 |
| Professional Regulation Law. | 16 |
| Section 145. Witnesses; production of documents; contempt. | 17 |
| Any circuit court may upon application of the Department or its | 18 |
| designee or of the applicant or licensee against whom | 19 |
| proceedings under Section 115 of this Act are pending, enter an | 20 |
| order requiring the attendance of witnesses and their testimony | 21 |
| and the production of documents, papers, files, books, and | 22 |
| records in connection with any hearing or investigation. The | 23 |
| court may compel obedience to its order by proceedings for | 24 |
| contempt. |
|
|
|
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| Section 150. Subpoena; oaths. The Department shall have the | 2 |
| power to subpoena and bring before it any person in this State | 3 |
| and to take testimony either orally or by deposition or both | 4 |
| with the same fees and mileage and in the same manner as | 5 |
| prescribed in civil cases in circuit courts of this State.
The | 6 |
| Secretary, the designated hearing officer, and every member of | 7 |
| the Board has the power to administer oaths to witnesses at any | 8 |
| hearing that the Department is authorized to conduct and any | 9 |
| other oaths authorized in any Act administered by the | 10 |
| Department. Any circuit court may, upon application of the | 11 |
| Department or its designee or upon application of the person | 12 |
| against whom proceedings under this Act are pending, enter an | 13 |
| order requiring the attendance of witnesses and their | 14 |
| testimony, and the production of documents, papers, files, | 15 |
| books, and records in connection with any hearing or | 16 |
| investigation. The court may compel obedience to its order by | 17 |
| proceedings for contempt.
| 18 |
| Section 155. Findings of fact, conclusions of law, and | 19 |
| recommendations. At the conclusion of the hearing the Board | 20 |
| shall present to the Secretary a written report of its findings | 21 |
| of fact, conclusions of law, and recommendations. The report | 22 |
| shall contain a finding as to whether or not the accused person | 23 |
| violated this Act or failed to comply with the conditions | 24 |
| required under this Act. The Board shall specify the nature of |
|
|
|
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| 1 |
| the violation or failure to comply and shall make its | 2 |
| recommendations to the Secretary.
| 3 |
| The report of findings of fact, conclusions of law, and | 4 |
| recommendations of the Board shall be the basis for the | 5 |
| Department's order. If the Secretary disagrees in any regard | 6 |
| with the report of the Board, the Secretary may issue an order | 7 |
| in contravention of the report. The finding is not admissible | 8 |
| in evidence against the person in a criminal prosecution | 9 |
| brought for the violation of this Act, but the hearing and | 10 |
| findings are not a bar to a criminal prosecution brought for | 11 |
| the violation of this Act.
| 12 |
| Section 160. Hearing officer. The Secretary may appoint any | 13 |
| attorney duly licensed to practice law in the State of Illinois | 14 |
| to serve as the hearing officer in any action for departmental | 15 |
| refusal to issue, renew, or license an applicant or for | 16 |
| disciplinary action against a licensee. The hearing officer | 17 |
| shall have full authority to conduct the hearing. The hearing | 18 |
| officer shall report his or her findings of fact, conclusions | 19 |
| of law, and recommendations to the Board and the Secretary. The | 20 |
| Board shall have 60 calendar days after receipt of the report | 21 |
| to review the report of the hearing officer and present its | 22 |
| findings of fact, conclusions of law, and recommendations to | 23 |
| the Secretary. If the Board fails to present its report within | 24 |
| the 60-day period, the Secretary may issue an order based on | 25 |
| the report of the hearing officer. If the Secretary disagrees |
|
|
|
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|
| 1 |
| with the recommendation of the Board or the hearing officer, he | 2 |
| or she may issue an order in contravention of that | 3 |
| recommendation. | 4 |
| Section 165. Service of report; motion for rehearing. In | 5 |
| any case involving the discipline of a license, a copy of the | 6 |
| Board's report shall be served upon the respondent by the | 7 |
| Department, either personally or as provided in this Act for | 8 |
| the service of the notice of hearing. Within 20 days after the | 9 |
| service, the respondent may present to the Department a motion | 10 |
| in writing for a rehearing that shall specify the particular | 11 |
| grounds for rehearing. If no motion for rehearing is filed, | 12 |
| then upon the expiration of the time specified for filing a | 13 |
| motion, or if a motion for rehearing is denied, then upon the | 14 |
| denial, the Secretary may enter an order in accordance with | 15 |
| this Act. If the respondent orders from the reporting service | 16 |
| and pays for a transcript of the record within the time for | 17 |
| filing a motion for rehearing, the 20-day period within which | 18 |
| the motion may be filed shall commence upon the delivery of the | 19 |
| transcript to the respondent. | 20 |
| Section 170. Rehearing. Whenever the Secretary is | 21 |
| satisfied that substantial justice has not been done in the | 22 |
| revocation, suspension, or refusal to issue or renew a license, | 23 |
| the Secretary may order a rehearing by the same or another | 24 |
| hearing officer or by the Board. |
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| 1 |
| Section 175. Prima facie proof. An order or a certified | 2 |
| copy thereof, over the seal of the Department and purporting to | 3 |
| be signed by the Secretary, shall be prima facie proof of the | 4 |
| following:
| 5 |
| (1) that the signature is the genuine signature of the | 6 |
| Secretary;
| 7 |
| (2) that such Secretary is duly appointed and | 8 |
| qualified; and
| 9 |
| (3) that the Board and its members are qualified to | 10 |
| act.
| 11 |
| Section 180. Restoration of license. At any time after the | 12 |
| suspension or revocation of any license, the Department may | 13 |
| restore the license to the accused person, unless after an | 14 |
| investigation and a hearing the Department determines that | 15 |
| restoration is not in the public interest. | 16 |
| Section 185. Surrender of license. Upon the revocation or | 17 |
| suspension of any license, the licensee shall immediately | 18 |
| surrender the license to the Department. If the licensee fails | 19 |
| to do so, the Department shall have the right to seize the | 20 |
| license. | 21 |
| Section 190. Summary suspension. The Secretary may | 22 |
| summarily suspend the license of a licensee under this Act |
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| without a hearing, simultaneously with the institution of | 2 |
| proceedings for a hearing provided for in this Act, if the | 3 |
| Secretary finds that evidence in his or her possession | 4 |
| indicates that continuation in practice would constitute an | 5 |
| imminent danger to the public. In the event that the Secretary | 6 |
| summarily suspends a license without a hearing, a hearing by | 7 |
| the Department must be held within 30 days after the suspension | 8 |
| has occurred. | 9 |
| Section 195. Certificate of record. The Department shall | 10 |
| not be required to certify any record to the court or file any | 11 |
| answer in court or otherwise appear in any court in a judicial | 12 |
| review proceeding, unless there is filed in the court, with the | 13 |
| complaint, a receipt from the Department acknowledging payment | 14 |
| of the costs of furnishing and certifying the record. Failure | 15 |
| on the part of the plaintiff to file a receipt in court shall | 16 |
| be grounds for dismissal of the action. | 17 |
| Section 200. Administrative Review Law. All final | 18 |
| administrative decisions of the Department are subject to | 19 |
| judicial review under the Administrative Review Law and its | 20 |
| rules. The term "administrative decision" is defined as in | 21 |
| Section 3-101 of the Code of Civil Procedure. | 22 |
| Section 205. Illinois Administrative Procedure Act. The | 23 |
| Illinois Administrative Procedure Act is hereby expressly |
|
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| 1 |
| adopted and incorporated in this Act as if all of the | 2 |
| provisions of such Act were included in this Act, except that | 3 |
| the provision of subsection (d) of Section 10-65 of the | 4 |
| Illinois Administrative Procedure Act that provides that at | 5 |
| hearings the licensee has the right to show compliance with all | 6 |
| lawful requirements for retention, continuation, or renewal of | 7 |
| the license is specifically excluded. For purposes of this Act, | 8 |
| the notice required under Section 10-25 of the Illinois | 9 |
| Administrative Procedure Act is deemed sufficient when mailed | 10 |
| to the last known address of a party. | 11 |
| Section 210. Home rule. Pursuant to paragraph (h) of | 12 |
| Section 6 of Article
VII
of the Illinois Constitution of 1970 | 13 |
| the power to regulate and issue licenses for the practice of | 14 |
| midwifery shall,
except as may otherwise be provided within and | 15 |
| pursuant to the provisions of this Act, be exercised by the | 16 |
| State and may
not be exercised by
any unit of local government, | 17 |
| including home rule units. | 18 |
| Section 215. Severability. The provisions of this Act are | 19 |
| severable under Section 1.31 of the Statute on Statutes. | 20 |
| Section 900. The Regulatory Sunset Act is amended by adding | 21 |
| Section 4.28 as follows: | 22 |
| (5 ILCS 80/4.28 new) |
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| Sec. 4.28. Act repealed on January 1, 2018. The following | 2 |
| Act is repealed on January 1, 2018: | 3 |
| The Midwifery Licensure Act. | 4 |
| Section 905. The Medical Practice Act of 1987 is amended by | 5 |
| changing Section 4 as follows:
| 6 |
| (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| 7 |
| (Section scheduled to be repealed on December 31, 2008)
| 8 |
| Sec. 4. Exemptions.
| 9 |
| (a) This Act does not apply to the following:
| 10 |
| (1) persons lawfully carrying on their particular | 11 |
| profession or business
under any valid existing regulatory | 12 |
| Act of this State , including without limitation persons | 13 |
| engaged in the practice of midwifery who are licensed under | 14 |
| the Midwifery Licensure Act ;
| 15 |
| (2) persons rendering gratuitous services in cases of | 16 |
| emergency; or
| 17 |
| (3) persons treating human ailments by prayer or | 18 |
| spiritual means as an
exercise or enjoyment of religious | 19 |
| freedom.
| 20 |
| (b) (Blank).
| 21 |
| (Source: P.A. 93-379, eff. 7-24-03 .)
| 22 |
| Section 910. The Nursing and Advanced Practice Nursing Act | 23 |
| is amended by changing Section 5-15 as follows:
|
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| 1 |
| (225 ILCS 65/5-15)
| 2 |
| (Section scheduled to be repealed on January 1, 2008)
| 3 |
| Sec. 5-15. Policy; application of Act. For the protection | 4 |
| of life and the
promotion of health, and the prevention of | 5 |
| illness and communicable diseases,
any person practicing or | 6 |
| offering to practice professional and practical
nursing in | 7 |
| Illinois shall submit evidence that he or she is qualified to
| 8 |
| practice, and shall be licensed as provided under this Act. No | 9 |
| person shall
practice or offer to practice professional or | 10 |
| practical nursing in Illinois or
use any title, sign, card or | 11 |
| device to indicate that such a person is
practicing | 12 |
| professional or practical nursing unless such person has been
| 13 |
| licensed under the provisions of this Act.
| 14 |
| This Act does not prohibit the following:
| 15 |
| (a) The practice of nursing in Federal employment in | 16 |
| the discharge of the
employee's duties by a person who is | 17 |
| employed by the United States
government or any bureau, | 18 |
| division or agency thereof and is a legally
qualified and | 19 |
| licensed nurse of another state or territory and not in
| 20 |
| conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
| 21 |
| (b) Nursing that is included in their program of study | 22 |
| by
students
enrolled in programs of nursing or in current | 23 |
| nurse practice update courses
approved by the Department.
| 24 |
| (c) The furnishing of nursing assistance in an | 25 |
| emergency.
|
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| (d) The practice of nursing by a nurse who holds an | 2 |
| active license in
another state when providing services to | 3 |
| patients in Illinois during a bonafide
emergency or in | 4 |
| immediate preparation for or during interstate
transit.
| 5 |
| (e) The incidental care of the sick by members of the | 6 |
| family, domestic
servants or housekeepers, or care of the | 7 |
| sick where treatment is by prayer
or spiritual means.
| 8 |
| (f) Persons from being employed as nursing aides, | 9 |
| attendants, orderlies,
and
other auxiliary workers in | 10 |
| private homes, long term care facilities,
nurseries, | 11 |
| hospitals or other institutions.
| 12 |
| (g) The practice of practical nursing by one who has | 13 |
| applied in writing to
the Department in form and substance | 14 |
| satisfactory to the Department, for a
license as a licensed | 15 |
| practical nurse and who has complied with all the
| 16 |
| provisions under Section 10-30, except the passing of an | 17 |
| examination
to be eligible to receive such license, until: | 18 |
| the decision of the Department
that the applicant has | 19 |
| failed to pass the next available examination
authorized by | 20 |
| the Department or has failed, without an approved excuse, | 21 |
| to
take the next available examination authorized by the | 22 |
| Department or until the
withdrawal of the application, but | 23 |
| not to exceed 3 months.
An applicant practicing practical | 24 |
| nursing under this Section who passes the
examination, | 25 |
| however, may continue to practice under this Section until | 26 |
| such
time as he or she receives his or her license to |
|
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| 1 |
| practice or until the
Department notifies him or her that | 2 |
| the license has been denied.
No applicant
for licensure | 3 |
| practicing under
the provisions of this paragraph shall | 4 |
| practice practical nursing except
under the direct | 5 |
| supervision of a registered professional nurse licensed
| 6 |
| under this Act or a licensed physician, dentist or | 7 |
| podiatrist. In no
instance shall any such applicant | 8 |
| practice or be
employed in any supervisory capacity.
| 9 |
| (h) The practice of practical nursing by one who is a | 10 |
| licensed practical
nurse under the laws of another U.S. | 11 |
| jurisdiction and has applied in writing
to the Department, | 12 |
| in form and substance satisfactory to the Department,
for a | 13 |
| license as a licensed practical nurse and who is qualified | 14 |
| to receive
such license under Section 10-30, until (1) the | 15 |
| expiration of 6 months after
the filing of such written | 16 |
| application, (2) the withdrawal of such application,
or (3) | 17 |
| the denial of such application by the Department.
| 18 |
| (i) The practice of professional nursing by one who has | 19 |
| applied in writing
to the Department in form and substance | 20 |
| satisfactory to the Department for
a license as a | 21 |
| registered professional nurse and has complied with all the
| 22 |
| provisions under Section 10-30 except the passing of an | 23 |
| examination to be
eligible to receive such license, until | 24 |
| the decision of the Department
that the applicant has | 25 |
| failed to pass the next available examination
authorized by | 26 |
| the Department or has failed, without an approved excuse, |
|
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| 1 |
| to
take the next available examination authorized by the | 2 |
| Department or until
the withdrawal of the application, but | 3 |
| not to exceed 3 months.
An applicant practicing | 4 |
| professional nursing under this Section who passes
the
| 5 |
| examination, however, may continue to practice under this | 6 |
| Section until such
time as he or she receives his or her | 7 |
| license to practice or until the
Department notifies him or | 8 |
| her that the license has been denied.
No applicant
for | 9 |
| licensure practicing under
the provisions of this | 10 |
| paragraph shall practice professional nursing except
under | 11 |
| the direct supervision of a registered professional nurse | 12 |
| licensed
under this Act. In no instance shall any such | 13 |
| applicant practice or be
employed in any supervisory | 14 |
| capacity.
| 15 |
| (j) The practice of professional nursing by one who is | 16 |
| a registered
professional nurse under the laws of another | 17 |
| state, territory of the United
States or country and has | 18 |
| applied in writing to the Department, in form and
substance | 19 |
| satisfactory to the Department, for a license as a | 20 |
| registered
professional nurse and who is qualified to | 21 |
| receive such license under
Section 10-30, until (1) the | 22 |
| expiration of 6 months after the filing of
such written | 23 |
| application, (2) the withdrawal of such application, or (3)
| 24 |
| the denial of such application by the Department.
| 25 |
| (k) The practice of professional nursing that is | 26 |
| included in a program of
study by one who is a registered |
|
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| 1 |
| professional nurse under the laws of
another state or | 2 |
| territory of the United States or foreign country,
| 3 |
| territory or province and who is enrolled in a graduate | 4 |
| nursing education
program or a program for the completion | 5 |
| of a baccalaureate nursing degree in
this State, which | 6 |
| includes clinical supervision by faculty as
determined by | 7 |
| the educational institution offering the program and the
| 8 |
| health care organization where the practice of nursing | 9 |
| occurs. The
educational institution will file with the | 10 |
| Department each academic term a
list of the names and | 11 |
| origin of license of all professional nurses
practicing | 12 |
| nursing as part of their programs under this provision.
| 13 |
| (l) Any person licensed in this State under any other | 14 |
| Act from engaging
in the practice for which she or he is | 15 |
| licensed , including without limitation any person engaged | 16 |
| in the practice of midwifery who is licensed under the | 17 |
| Midwifery Licensure Act .
| 18 |
| (m) Delegation to authorized direct care staff trained | 19 |
| under Section 15.4
of the Mental Health and
Developmental | 20 |
| Disabilities Administrative Act.
| 21 |
| An applicant for license practicing under the exceptions | 22 |
| set forth in
subparagraphs (g), (h), (i), and (j) of this | 23 |
| Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. | 24 |
| Pend. respectively and no other.
| 25 |
| (Source: P.A. 93-265, eff. 7-22-03.)
|
|
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| 1 |
| Section 915. The Good Samaritan Act is amended by adding | 2 |
| Section 41 as follows: | 3 |
| (745 ILCS 49/41 new)
| 4 |
| Sec. 41. Midwives; exemption from civil liability for | 5 |
| emergency care or services rendered without compensation. Any | 6 |
| person licensed as a midwife under the Midwifery Licensure Act | 7 |
| who in good faith provides emergency care without fee or | 8 |
| renders midwifery services without fee to a person shall not, | 9 |
| as a result of her or his acts or omissions, except for willful | 10 |
| or wanton misconduct on the part of the person, in providing | 11 |
| the care, be liable for civil damages.
| 12 |
| Section 999. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|