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Public Act 102-0683 |
HB3401 Enrolled | LRB102 14708 SPS 20061 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Licensed Certified Professional Midwife Practice Act. |
Section 5. Purpose. The practice of midwifery in |
out-of-hospital settings is hereby declared to affect the |
public health, safety, and welfare and to be subject to |
regulation in the public interest. The purpose of the Act is to |
protect and benefit the public by setting standards for the |
qualifications, education, training, and experience of those |
who seek to obtain licensure as a licensed certified |
professional midwife, including requirements to work in |
consultation with hospital based and privileged health care |
professionals to promote high standards of professional |
performance for those licensed to practice midwifery in |
out-of-hospital settings in this State, to promote a |
consultative and integrated maternity care delivery system in |
Illinois with agreed-upon consulting, transfer, and transport |
protocols in use by all health care professionals and licensed |
certified professional midwives across all health care |
settings to maximize client safety and positive outcomes, to |
support accredited education and training as a prerequisite to |
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licensure, and to protect the public. |
Section 10. Definitions. As used in this Act: |
"Address of record" means the designated address recorded |
by the Department in the applicant's application file or the |
licensee's licensure file as maintained by the Department. |
"Antepartum" means before labor or childbirth. |
"Board" means the Illinois Midwifery Board. |
"Certified nurse midwife" means an individual licensed |
under the Nurse Practice Act as an advanced practice |
registered nurse and is certified as a nurse midwife. |
"Client" means a childbearing individual or newborn for |
whom a licensed certified professional midwife provides |
services. |
"Consultation" means the process by which a licensed |
certified professional midwife seeks the advice or opinion of |
another health care professional. |
"Department" means the Department of Financial and |
Professional Regulation. |
"Email address of record" means the designated email |
address of record by the Department in the applicant's |
application file or the licensee's licensure file as |
maintained by the Department. |
"Health care professional" means an advanced practice |
registered nurse or a physician licensed to practice medicine |
in all of its branches. |
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"Intrapartum" means during labor and delivery or |
childbirth. |
"Licensed certified professional midwife" means a person |
who has successfully met the requirements under Section 45 of |
this Act. |
"Low-risk" means a low-risk pregnancy where there is an |
absence of any preexisting maternal disease, significant |
disease arising from the pregnancy, or any condition likely to |
affect the pregnancy, including, but not limited to, those |
listed in Section 85. |
"Midwife assistant" means a person, at least 18 years of |
age, who performs basic administrative, clerical, and |
supportive services under the supervision of a certified |
professional midwife, is educated to provide both basic and |
emergency care to newborns and mothers during labor, delivery, |
and immediately postpartum, and who maintains Neonatal |
Resuscitation Program provider status and cardiopulmonary |
resuscitation certification. |
"Midwifery bridge certificate" means a certificate issued |
by the North American Registry of midwives that documents |
completion of accredited continuing education for certified |
professional midwives based upon identified areas to address |
education in emergency skills and other competencies set by |
the international confederation of midwives. |
"Midwifery Education and Accreditation Council" or "MEAC" |
means the nationally recognized accrediting agency, or its |
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successor, that establishes standards for the education of |
direct-entry midwives in the United States. |
"National Association of Certified Professional Midwives" |
or "NACPM" means the professional organization, or its |
successor, that promotes the growth and development of the |
profession of certified professional midwives. |
"North American Registry of Midwives" or "NARM" means the |
accredited international agency, or its successor |
organization, that has established and has continued to |
administer certification for the credentialing of certified |
professional midwives, including the administration of a |
national competency examination. |
"Onset of care" means the initial prenatal visit upon an |
agreement between a licensed certified professional midwife |
and client to establish a midwife-client relationship, during |
which the licensed certified professional midwife may take a |
client's medical history, complete an exam, establish a |
client's record, or perform other services related to |
establishing care. "Onset of care" does not include an initial |
interview where information about the licensed certified |
professional midwife's practice is shared but no |
midwife-client relationship is established. |
"Pediatric health care professional" means a licensed |
physician specializing in the care of children, a family |
practice physician, or an advanced practice registered nurse |
licensed under the Nurse Practice Act and certified as a |
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Pediatric Nurse Practitioner or Family Nurse Practitioner. |
"Physician" means a physician licensed under the Medical |
Practice Act of 1987 to practice medicine in all of its |
branches. |
"Postpartum period" means the first 6 weeks after |
delivery. |
"Practice of midwifery" means providing the necessary |
supervision, care, and advice to a client during a low-risk |
pregnancy, labor, and the postpartum period, including the |
intended low-risk delivery of a child, and providing normal |
newborn care. "Practice of midwifery" does not include the |
practice of medicine or nursing. |
"Qualified midwife preceptor" means a licensed and |
experienced midwife or other health professional licensed in |
the State who participated in the clinical education of |
individuals enrolled in a midwifery education institution, |
program, or pathway accredited by the midwifery education |
accreditation council who meet the criteria for midwife |
preceptors by NARM or its successor organization. |
"Secretary" means the Secretary of Financial and |
Professional Regulation. |
"Supportive services" means simple routine medical tasks |
and procedures for which the midwife assistant or student |
midwife is appropriately trained. |
Section 15. Address of record; email address of record. |
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All applicants and licensees shall: |
(1) provide a valid address and email address to the |
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for licensure or renewal of licensure; and |
(2) inform the Department of any change of address of |
record or email address of record within 14 days after |
such change either through the Department's website or by |
contacting the Department.
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Section 20. Social security number on license application. |
In addition to any other information required to be contained |
in an application for licensure under this Act, every |
application for an original license under this Act shall |
include the applicant's social security number, which shall be |
retained in the agency's records pertaining to the license. |
For applicants without a social security number, an individual |
taxpayer identification number shall be provided instead of a |
social security number. As soon as practical, the Department |
shall assign a customer's identification number to each |
applicant for a license. Every application for a renewal or |
restored license shall require the applicant's customer |
identification number. |
Section 25. Exemptions. |
(a) This Act does not prohibit a person licensed under any |
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other Act in this State from engaging in the practice for which |
he or she is licensed or from delegating services as provided |
for under the Act. |
(b) Nothing in this Act shall be construed to prohibit or |
require licensing under this Act with regard to: |
(1) a traditional birth attendant practicing midwifery |
without a license if the traditional birth attendant has |
cultural, indigenous, or religious traditions that have |
historically included the attendance of traditional birth |
attendants at births and that birth attendant serves only |
the women and families in that distinct cultural, |
indigenous, or religious group; |
(2) a student midwife practicing midwifery as part of |
his or her course of study in an accredited midwife |
institution, program, or pathway under the direction and |
supervision of a qualified midwife preceptor; and |
(3) a midwife assistant performing within the scope of |
his or her responsibilities and duties as defined by rule |
under the supervision of a licensed certified professional |
midwife. |
(c) Nothing in this Act prevents a licensed certified |
professional midwife from assisting a health care |
professional, practicing within his or her scope of practice |
while providing antepartum, intrapartum, or postpartum care. |
(d) Nothing in this Act abridges, limits, or changes in |
any way the rights of parents to deliver their baby where, |
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when, how, and with whom they choose, regardless of licensure |
under this Act. |
Section 30. Illinois Midwifery Board. |
(a) There is created under the authority of the Department |
the Illinois Midwifery Board, which shall consist of 9 members |
appointed by the Secretary: 5 of whom shall be licensed |
certified professional midwives, with initial appointees |
having at least 3 years of experience in the practice of |
midwifery in an out-of-hospital setting, be certified by the |
North American Registry of Midwives, and meet the |
qualifications for licensure set forth in this Act; one of |
whom shall be an Illinois licensed physician who specializes |
in obstetrics; one of whom shall be a certified
nurse midwife |
who provides home birth services; one of whom shall be a |
pediatric health care professional; and one of whom shall be a |
public member. Board members shall serve 4-year terms, except |
that in the case of initial appointments, terms shall be |
staggered as follows: 4 members shall serve for 4 years, 3 |
members shall serve for 3 years, and 2 members shall serve for |
2 years. The Board shall annually elect a chairperson and vice |
chairperson. All board members must be residents of this |
State. All board members, except for the public member, must |
be licensed in good standing and, at the time of appointment, |
actively engaged in their respective professions. |
(b) Any appointment made to fill a vacancy shall be for the |
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unexpired portion of the term. Appointments to fill vacancies |
shall be made in the same manner as original appointments. No |
Board member may be reappointed for a term that would cause his |
or her continuous service on the Board to exceed 10 years. |
(c) Board membership must have a reasonable representation |
from different geographic areas of this State, if possible. |
(d) The Secretary may solicit board recommendations from |
midwifery organizations. |
(e) The members of the Board may be reimbursed for all |
legitimate, necessary, and authorized expenses incurred in |
attending the meetings of the Board. |
(f) The Secretary may remove any member of the Board for |
misconduct, incapacity, or neglect of duty at any time prior |
to the expiration of his or her term. |
(g) Five Board members shall constitute a quorum. A |
vacancy in the membership of the Board shall not impair the |
right of a quorum to perform all of the duties of the Board. |
(h) The Board may provide the Department with |
recommendations concerning the administration of this Act and |
may perform each of the following duties:
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(1) Recommend to the Department the prescription 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) Recommend changes to the medication formulary list |
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as standards and drug availability change. |
(3) Participate in disciplinary conferences and |
hearings. |
(4) Make recommendations to the Department regarding |
disciplinary action taken against a licensee as provided |
under this Act. |
(5) Recommend the approval, denial of approval, and |
withdrawal of approval of required education and |
continuing educational programs. |
(i) Members of the Board shall be immune from suit in an |
action based upon a disciplinary proceeding or other activity |
performed in good faith as a member of the Board, except for |
willful or wanton misconduct. |
Section 35. Powers and duties of the Department; rules. |
(a) The Department shall exercise the powers and duties |
prescribed by the Civil Administrative Code of Illinois for |
the administration of licensing Acts and shall exercise such |
other powers and duties necessary for effectuating the |
purposes of this Act. |
(b) The Secretary shall adopt rules consistent with the |
provisions of this Act for the administration and enforcement |
of this Act and for the payment of fees connected to this Act |
and may prescribe forms that shall be issued in connection |
with this Act. |
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Section 40. Use of title. No person may use the title |
"licensed midwife", describe or imply that he or she is a |
licensed midwife, or represent himself or herself as a |
licensed midwife unless the person is granted a license under |
this Act or is licensed as an advanced practice registered |
nurse with certification as a nurse midwife. |
Section 45. Licensure. |
(a) Each applicant who successfully meets the requirements |
of this Section is eligible for licensure as a certified |
professional midwife if the applicant: |
(1) submits forms prescribed by the Department and |
accompanied by the required nonrefundable fee; |
(2) is at least 21 years of age; |
(3) has successfully completed a licensure examination |
approved by the Department; |
(4) holds valid certified professional midwife |
certification granted by NARM or its successor |
organization; |
(5) holds an active cardiopulmonary resuscitation |
certification; |
(6) holds an active neonatal resuscitation provider |
status; and |
(7) successfully completed a postsecondary midwifery |
education program through an institution, program, or |
pathway accredited by the Midwife Education and |
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Accreditation Council, that has both academic and clinical |
practice incorporated throughout the curriculum. |
(b) A midwife who is certified by NARM, but who has not |
completed a MEAC program, may apply for licensure if he or she: |
(1) holds a valid certified professional midwife |
certification granted by NARM or its successor |
organization for at least 3 years; |
(2) provides proof of completion of the midwifery |
bridge certificate granted by NARM and applies within one |
year of adoption of rules; and |
(3) provides proof of paragraphs (1) through (6) |
required under subsection (a). |
(c) Applicants have 3 years from the date of application |
to complete the application process. If the process has not |
been completed in 3 years, the application shall be denied, |
the fee shall be forfeited, and the applicant must reapply and |
meet the requirements in effect at the time of reapplication. |
Section 50. Endorsement. Upon payment of the required |
nonrefundable fee and submission of required documentation, |
the Department may, in its discretion, license as a certified |
professional midwife, an applicant who is a certified |
professional midwife licensed in another jurisdiction, if the |
requirements for licensure in that jurisdiction were, at the |
time of licensure, substantially equivalent to the |
requirements in force in this State on that date or equivalent |
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to the requirements of this Act. Applicants have 3 years from |
the date of application to complete the application process. |
If the process has not been completed in 3 years, the |
application shall be denied, the fee shall be forfeited, and |
the applicant must reapply and meet the requirements in effect |
at the time of reapplication. |
Section 55. Expiration; renewal of licensure. The |
expiration date and renewal period for each license issued |
under this Act shall be set by rule. The holder of a license |
may renew the license during the month preceding the |
expiration date of the license by paying the required fee. It |
is the responsibility of the licensee to notify the Department |
in writing of a change of address required for the renewal of a |
license under this Act. Applicants have 3 years from the date |
of application to complete the application process. If the |
process has not been completed in 3 years, the application |
shall be denied, the fee shall be forfeited, and the applicant |
must reapply and meet the requirements in effect at the time of |
reapplication. |
The Department may adopt rules for continuing education |
for licensed certified professional midwives licensed under |
this Act that require 20 hours of continuing education per |
2-year license renewal cycle. The rules shall address |
variances in part or in whole for good cause, including |
without limitation, illness or hardship. The rules must ensure |
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that licensees are given the opportunity to participate in |
programs sponsored by or through their State or national |
professional associations, hospitals, or other providers of |
continuing education. Each licensee is responsible for |
maintaining records of completion of continuing education and |
shall be prepared to produce the records when requested by the |
Department. |
Any licensed certified professional midwife who has |
permitted his or her license to expire or who has had his or |
her license on inactive status may have the license restored |
by applying to the Department and filing proof acceptable to |
the Department of his or her fitness to have the license |
restored, and by paying the required fees. Proof of fitness |
may include sworn evidence certifying to active lawful |
practice in another jurisdiction. |
If the licensed certified professional midwife has not |
maintained an active practice in another jurisdiction |
satisfactory to the Department, the Department shall |
determine, by an evaluation program established by rule, his |
or her fitness for restoration of the license and shall |
establish procedures and requirements for such restoration. |
However, any licensed certified professional midwife whose |
license expired while he or she was (1) in federal or State |
service on active duty, or (2) in training or education under |
the supervision of the United States preliminary to induction |
into the military service, may have the license restored |
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without paying any lapsed renewal fees if, within 2 years |
after termination of such service, training, or education, he |
or she furnishes the Department with satisfactory evidence to |
the effect that he or she has been so engaged and that his or |
her service, training, or education has been terminated. |
Section 60. Inactive status. Any licensed certified |
professional midwife who notified the Department in writing on |
forms prescribed by the Department, may elect to place his or |
her license on an inactive status and shall, subject to rules |
of the Department, be excused from payment of renewal fees |
until he or she notifies the Department in writing of his or |
her intention to restore the license. |
Any licensed certified professional midwife requesting |
restoration from inactive status shall be required to pay the |
current renewal fee and shall be required to restore his or her |
license, as provided in Section 55. |
Any licensed certified professional midwife whose license |
is in an inactive status shall not practice in the State. |
Any licensee who engages in practice while his or her |
license is lapsed or on inactive status shall be considered to |
be practicing without a license, which shall be grounds for |
discipline under Section 140. |
Section 65. Informed consent. |
(a) A licensed certified professional midwife shall, at an |
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initial prenatal visit with a client, provide and disclose to |
the client orally and in writing all of the following |
information: |
(1) the licensed certified professional midwife's |
experience and training; |
(2) the licensed certified professional midwife holds |
an active CPR certification and an active neonatal |
resuscitation provider status; |
(3) whether the licensed certified professional |
midwife has malpractice liability insurance coverage and |
the coverage limits of the policy; |
(4) a protocol for the handling of both the patient's |
and the newborn's medical emergencies; this shall include, |
but not be limited to, obtaining transportation to a |
hospital particular to each client with identification of |
the appropriate hospital, providing a verbal report of the |
care provided to emergency services providers, and sending |
a copy of the client records with the client at the time of |
any transfer to a hospital, including obtaining a signed |
authorization to release the client's medical records to a |
health care professional or hospital in the event of such |
emergency transport; |
(5) a statement informing the client that, in the |
event of an emergency or voluntary transfer or if |
subsequent care is required resulting from the acts or |
omissions of the licensed certified professional midwife, |
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no liability for the acts or omissions of the licensed |
certified professional midwife are assignable to the |
receiving hospital, health care facility, physician, |
nurse, emergency personnel, or other medical professional |
rendering such care; the receiving hospital, health care |
facility, physician, nurse, emergency medical personnel, |
hospital, or other medical professional rendering care are |
responsible for their own acts and omissions; |
(6) a statement outlining the emergency equipment, |
drugs, and personnel available to provide appropriate care |
in the home; |
(7) the intent to provide at least one midwife |
assistant or student midwife during intrapartum and |
immediate postpartum care; and |
(8) a recommendation that the client preregister with |
the nearest hospital and explain the benefits of |
preregistration. |
(b) A licensed certified professional midwife shall, at an |
initial prenatal visit with a client, provide a copy of the |
written disclosures required under this Section to the client |
and obtain the client's signature and date of signature |
acknowledging that the client has been informed, orally and in |
writing, of the disclosures required. |
Section 70. Scope of practice. |
(a) A licensed certified professional midwife shall: |
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(1) offer each client routine prenatal care and |
testing in accordance with current American College of |
Obstetricians and Gynecologists guidelines; |
(2) provide all clients with a plan for 24 hour |
on-call availability by a licensed certified professional |
midwife, certified nurse midwife, or licensed physician |
throughout pregnancy, intrapartum, and 6 weeks postpartum; |
(3) provide clients with labor support, fetal |
monitoring, and routine assessment of vital signs once |
active labor is established; |
(4) supervise delivery of infant and placenta, assess |
newborn and maternal well-being in immediate postpartum, |
and perform an Apgar score assessment; |
(5) perform routine cord management and inspect for an |
appropriate number of vessels; |
(6) inspect the placenta and membranes for |
completeness; |
(7) inspect the perineum and vagina postpartum for |
lacerations and stabilize if necessary; |
(8) observe the childbearing individual and newborn |
postpartum until stable condition is achieved, but in no |
event for less than 2 hours; |
(9) instruct the childbearing individual, spouse, and |
other support persons, both verbally and in writing, of |
the special care and precautions for both the childbearing |
individual and newborn in the immediate postpartum period; |
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(10) reevaluate maternal and newborn well-being within |
36 hours of delivery; |
(11) notify a pediatric health care professional |
within 72 hours after delivery; |
(12) use universal precautions with all biohazard |
materials; |
(13) ensure that a birth certificate is accurately |
completed and filed in accordance with the Department of |
Public Health; |
(14) offer to obtain and submit a blood sample in |
accordance with the recommendations for metabolic |
screening of the newborn; |
(15) offer an injection of vitamin K for the newborn |
in accordance with the indication, dose, and |
administration route as authorized in subsection (b); |
(16) within one week of delivery, offer a newborn |
hearing screening to every newborn or refer the parents to |
a facility with a newborn hearing screening program; |
(17) within 2 hours of the birth, offer the |
administration of antibiotic ointment into the eyes of the |
newborn, in accordance with the Infant Eye Disease Act; |
and |
(18) maintain adequate antenatal and perinatal records |
of each client and provide records to consulting licensed |
physicians and licensed certified nurse midwives, in |
accordance with regulations promulgated under the Health |
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Insurance Portability and Accountability Act of 1996.
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(b) A licensed certified professional midwife may obtain |
and administer the following during the practice of midwifery: |
(1) oxygen for the treatment of fetal distress; |
(2) eye prophylactics, either 0.5% erythromycin |
ophthalmic ointment or 1% tetracycline ophthalmic ointment |
for the prevention of neonatal ophthalmia; |
(3) oxytocin, pitocin, or misoprostol as a postpartum |
antihemorrhagic agent; |
(4) methylergonovine or methergine for the treatment |
of postpartum hemorrhage; |
(5) vitamin K for the prophylaxis of hemorrhagic |
disease of the newborn; |
(6) Rho (D) immune globulin for the prevention of Rho |
(D) sensitization in Rho (D) negative individuals; |
(7) intravenous fluids for maternal stabilization, |
including lactated Ringer's solution, or with 5% dextrose |
unless unavailable or impractical, in which case 0.09% |
sodium chloride may be administered; |
(8) administer antibiotics as prophylactic for GBS in |
accordance with current ACOG protocols as provided by |
Department rule; |
(9) ibuprofen for postpartum pain relief; |
(10) lidocaine injection as a local anesthetic for |
perineal repair; and |
(11) sterile water subcutaneous injections as a |
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non-pharmaceutical form of pain relief during the first |
and second stages of labor.
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The Department may approve by rule additional medications, |
agents, or procedures based upon updated evidence-based |
obstetrical guidelines or based upon limited availability of |
standard medications or agents. |
(c) A licensed certified professional midwife shall plan |
for at least 2 licensed certified professional midwives or a |
licensed certified professional midwife and a midwife |
assistant or student midwife to be present at all |
out-of-hospital births.
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Section 75. Consultation and referral. |
(a) A licensed certified professional midwife shall |
consult with a licensed physician or a certified nurse midwife |
providing obstetrical care whenever there are significant |
deviations, including abnormal laboratory results, relative to |
a client's pregnancy or to a neonate. If a referral to a |
physician or certified nurse midwife is needed, the licensed |
certified professional midwife shall refer the client to a |
physician or certified nurse midwife and, if possible, remain |
in consultation with the physician until resolution of the |
concern. Consultation does not preclude the possibility of an |
out-of-hospital birth. It is appropriate for the licensed |
certified professional midwife to maintain care of the client |
to the greatest degree possible, in accordance with the |
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client's wishes, during the pregnancy and, if possible, during |
labor, birth, and the postpartum period. |
(b) A licensed certified professional midwife shall |
consult with a licensed physician or a certified nurse midwife |
with regard to any childbearing individual who presents with |
or develops the following risk factors or presents with or |
develops other risk factors that, in the judgment of the |
licensed certified professional midwife, warrant consultation:
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(1) Antepartum: |
(A) pregnancy induced hypertension, as evidenced |
by a blood pressure of 140/90 on 2 occasions greater |
than 6 hours apart; |
(B) persistent, severe headaches, epigastric pain, |
or visual disturbances; |
(C) persistent symptoms of urinary tract |
infection; |
(D) significant vaginal bleeding before the onset |
of labor not associated with uncomplicated spontaneous |
abortion; |
(E) rupture of membranes prior to the 37th week |
gestation; |
(F) noted abnormal decrease in or cessation of |
fetal movement; |
(G) anemia resistant to supplemental therapy; |
(H) fever of 102 degrees Fahrenheit or 39 degrees |
Celsius or greater for more than 24 hours; |
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(I) non-vertex presentation after 38 weeks |
gestation; |
(J) hyperemesis or significant dehydration; |
(K) isoimmunization, Rh-negative sensitized, |
positive titers, or any other positive antibody titer, |
which may have a detrimental effect on the |
childbearing individual or fetus; |
(L) elevated blood glucose levels unresponsive to |
dietary management; |
(M) positive HIV antibody test; |
(N) primary genital herpes infection in pregnancy; |
(O) symptoms of malnutrition or anorexia or |
protracted weight loss or failure to gain weight; |
(P) suspected deep vein thrombosis; |
(Q) documented placental anomaly or previa; |
(R) documented low-lying placenta in a |
childbearing individual with history of previous |
cesarean delivery; |
(S) labor prior to the 37th week of gestation; |
(T) history of prior uterine incision; |
(U) lie other than vertex at term; |
(V) multiple gestation; |
(W) known fetal anomalies that may be affected by |
the site of birth; |
(X) marked abnormal fetal heart tones; |
(Y) abnormal non-stress test or abnormal |
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biophysical profile; |
(Z) marked or severe polyhydramnios or |
oligohydramnios;
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(AA) evidence of intrauterine growth restriction; |
(BB) significant abnormal ultrasound findings; or |
(CC) gestation beyond 42 weeks by reliable |
confirmed dates;
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(2) Intrapartum: |
(A) rise in blood pressure above baseline, more |
than 30/15 points or greater than 140/90; |
(B) persistent, severe headaches, epigastric pain |
or visual disturbances; |
(C) significant proteinuria or ketonuria; |
(D) fever over 100.6 degrees Fahrenheit or 38 |
degrees Celsius in absence of environmental factors; |
(E) ruptured membranes without onset of |
established labor after 18 hours; |
(F) significant bleeding prior to delivery or any |
abnormal bleeding, with or without abdominal pain or |
evidence of placental abruption; |
(G) lie not compatible with spontaneous vaginal |
delivery or unstable fetal lie; |
(H) failure to progress after 5 hours of active |
labor or following 2 hours of active second stage |
labor; |
(I) signs or symptoms of maternal infection; |
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(J) active genital herpes at onset of labor; |
(K) fetal heart tones with non-reassuring |
patterns; |
(L) signs or symptoms of fetal distress; |
(M) thick meconium or frank bleeding with birth |
not imminent; or |
(N) client or licensed certified professional |
midwife desires physician consultation or transfer;
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(3) Postpartum: |
(A) failure to void within 6 hours of birth; |
(B) signs or symptoms of maternal shock; |
(C) fever of 102 degrees Fahrenheit or 39 degrees |
Celsius and unresponsive to therapy for 12 hours; |
(D) abnormal lochia or signs or symptoms of |
uterine sepsis; |
(E) suspected deep vein thrombosis; or |
(F) signs of clinically significant depression.
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(c) A licensed certified professional midwife shall |
consult with a licensed physician or certified nurse midwife |
with regard to any neonate who is born with or develops the |
following risk factors: |
(1) Apgar score of 6 or less at 5 minutes without |
significant improvement by 10 minutes; |
(2) persistent grunting respirations or retractions; |
(3) persistent cardiac irregularities; |
(4) persistent central cyanosis or pallor; |
|
(5) persistent lethargy or poor muscle tone; |
(6) abnormal cry; |
(7) birth weight less than 2,300 grams; |
(8) jitteriness or seizures; |
(9) jaundice occurring before 24 hours or outside of |
normal range; |
(10) failure to urinate within 24 hours of birth; |
(11) failure to pass meconium within 48 hours of |
birth; |
(12) edema; |
(13) prolonged temperature instability; |
(14) significant signs or symptoms of infection; |
(15) significant clinical evidence of glycemic |
instability; |
(16) abnormal, bulging, or depressed fontanel; |
(17) significant clinical evidence of prematurity; |
(18) medically significant congenital anomalies; |
(19) significant or suspected birth injury; |
(20) persistent inability to suck; |
(21) diminished consciousness; |
(22) clinically significant abnormalities in vital |
signs, muscle tone, or behavior; |
(23) clinically significant color abnormality, |
cyanotic, or pale or abnormal perfusion; |
(24) abdominal distension or projectile vomiting; or |
(25) signs of clinically significant dehydration or |
|
failure to thrive. |
(d) Consultation with a health
care professional does not |
establish a formal relationship
with the client. Consultation |
does not establish a formal
relationship between a licensed |
certified professional midwife and another health care |
professional. |
Section 80. Transfer. |
(a) Transport via private vehicle is an acceptable method |
of transport if it is the most expedient and safest method for |
accessing medical services. The licensed certified |
professional midwife shall initiate immediate transport |
according to the licensed certified professional midwife's |
emergency plan, provide emergency stabilization until |
emergency medical services arrive or transfer is completed, |
accompany the client or follow the client to a hospital in a |
timely fashion, and provide pertinent information to the |
receiving facility and complete an emergency transport record. |
(b) A licensed certified professional midwife must |
establish a written protocol for the handling of both the |
patient's and newborn's medical emergencies, including |
transportation to a hospital, particular to each client, with |
identification of the appropriate hospital. A verbal report of |
the care provided must be provided to emergency services |
providers and a copy of the client records shall be sent with |
the client at the time of any transfer to a hospital, including |
|
obtaining a signed authorization to release the client's |
medical records to a health care professional or hospital in |
the event of such emergency. |
Section 85. Prohibited practices. |
(a) A licensed certified professional midwife may not do |
any of the following: |
(1) administer prescription pharmacological agents |
intended to induce or augment labor; |
(2) administer prescription pharmacological agents to |
provide pain management; |
(3) use vacuum extractors or forceps; |
(4) prescribe medications; |
(5) provide out-of-hospital care to a childbearing |
individual who has had a previous cesarean section; |
(6) perform abortions or surgical procedures, |
including, but not limited to, cesarean sections and |
circumcisions, except for an emergency episiotomy; |
(7) knowingly accept responsibility for prenatal or |
intrapartum care of a client with any of the following |
risk factors:
|
(A) chronic significant maternal cardiac, |
pulmonary, renal, or hepatic disease; |
(B) malignant disease in an active phase; |
(C) significant hematological disorders, |
coagulopathies, or pulmonary embolism; |
|
(D) insulin requiring diabetes mellitus; |
(E) known maternal congenital abnormalities |
affecting childbirth; |
(F) confirmed isoimmunization, Rh disease with |
positive titer; |
(G) active tuberculosis; |
(H) active syphilis or gonorrhea; |
(I) active genital herpes infection 2 weeks prior |
to labor or in labor; |
(J) pelvic or uterine abnormalities affecting |
normal vaginal births, including tumors and |
malformations; |
(K) alcoholism or alcohol abuse; |
(L) drug addiction or abuse; or |
(M) confirmed AIDS status.
|
(b) A licensed certified professional midwife shall not |
administer Schedule II through IV controlled substances. |
Subject to a prescription by a health care professional, |
Schedule V controlled substances may be administered by |
licensed certified professional midwives. |
Section 90. Annual Reports. |
(a) A licensed certified professional midwife shall |
annually report to the Department of Public Health, by no |
later than March 31 of each year, in a manner specified by the |
Department of Public Health, the following information |
|
regarding cases in which the licensed certified professional |
midwife assisted during the previous calendar year when the |
intended place of birth at the onset of care was an |
out-of-hospital setting: |
(1) the total number of patients served at the onset |
of care; |
(2) the number, by county, of live births attended; |
(3) the number, by county, of cases of fetal demise, |
infant deaths, and maternal deaths attended at the |
discovery of the demise or death; |
(4) the number of women whose care was transferred to |
another health care professional during the antepartum |
period and the reason for transfer; |
(5) the number, reason for, and outcome of each |
nonemergency hospital transfer during the intrapartum or |
postpartum period; |
(6) the number, reason for, and outcome of each urgent |
or emergency transport of an expectant childbearing |
individual in the antepartum period; |
(7) the number, reason for, and outcome of each urgent |
or emergency transport of an infant or childbearing |
individual during the intrapartum or immediate postpartum |
period; |
(8) the number of planned out-of-hospital births at |
the onset of labor and the number of births completed in an |
out-of-hospital setting; |
|
(9) a brief description of any complications resulting |
in the morbidity or mortality of a childbearing individual |
or a neonate; and |
(10) any other information required by rule by the |
Department of Public Health.
|
(b) The Board shall maintain the confidentiality of any |
report under subsection (d). |
(c) Notwithstanding any other provision of law, a licensed |
certified professional midwife shall be subject to the same |
reporting requirements as other health care professionals who |
provide care to individuals. |
(d) Reports are confidential under Section 180 of this |
Act. |
Section 95. Vicarious liability. |
(a) Consultation with a physician or advanced practice |
registered nurse does not alone create a physician-patient or |
advanced practice registered nurse-patient relationship or any |
other relationship with the physician or advanced practice |
registered nurse. The informed consent shall specifically |
state that the licensed certified professional midwife and any |
consulting physician or advanced practice registered nurse are |
not employees, partners, associates, agents, or principals of |
one another. The licensed certified professional midwife shall |
inform the patient that he or she is independently licensed |
and practicing midwifery and in that regard is solely |
|
responsible for the services he or she provides. |
(b) Nothing in this Act is intended to expand or limit the |
malpractice liability of physicians, advanced practice |
registered nurses, licensed certified professional midwives, |
or other health care professionals, hospitals, or other health |
care institutions beyond the limits existing in current |
Illinois statutory and common law; however, no physician, |
nurse, emergency medical personnel, hospital, or other health |
care institution shall be liable for any act or omission |
resulting from the provision of services by any licensed |
certified professional midwife solely on the basis that the |
physician, nurse, emergency medical personnel, hospital, or |
other health care institution has consulted with or accepted a |
referral from the licensed certified professional midwife. The |
physician, nurse, licensed certified professional midwife, |
emergency medical personnel, hospital, or other health care |
institution providing care are responsible for their own acts |
and omissions.
|
Section 100. Grounds for disciplinary action. |
(a) The Department may refuse to issue or to renew, or may |
revoke, suspend, place on probation, reprimand, or take other |
disciplinary or non-disciplinary action with regard to any |
license issued under this Act as the Department may deem |
proper, including the issuance of fines not to exceed $10,000 |
for each violation, for any one or combination of the |
|
following causes: |
(1) Material misstatement in furnishing information to |
the Department. |
(2) Violations of this Act, or the rules adopted under |
this Act. |
(3) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or |
sentencing, including, but not limited to, convictions, |
preceding sentences of supervision, conditional discharge, |
or first offender probation, under the laws of any |
jurisdiction of the United States that is: (i) a felony; |
or (ii) a misdemeanor, an essential element of which is |
dishonesty, or that is directly related to the practice of |
the profession. |
(4) Making any misrepresentation for the purpose of |
obtaining licenses. |
(5) Professional incompetence. |
(6) Aiding or assisting another person in violating |
any provision of this Act or its rules. |
(7) Failing, within 60 days, to provide information in |
response to a written request made by the Department. |
(8) Engaging in dishonorable, unethical, or |
unprofessional conduct, as defined by rule, of a character |
likely to deceive, defraud, or harm the public. |
(9) Habitual or excessive use or addiction to alcohol, |
narcotics, stimulants, or any other chemical agent or drug |
|
that results in a midwife's inability to practice with |
reasonable judgment, skill, or safety. |
(10) Discipline by another U.S. jurisdiction or |
foreign nation, if at least one of the grounds for |
discipline is the same or substantially equivalent to |
those set forth in this Section. |
(11) Directly or indirectly giving to or receiving |
from any person, firm, corporation, partnership, or |
association any fee, commission, rebate or other form of |
compensation for any professional services not actually or |
personally rendered. Nothing in this paragraph affects any |
bona fide independent contractor or employment |
arrangements, including provisions for compensation, |
health insurance, pension, or other employment benefits, |
with persons or entities authorized under this Act for the |
provision of services within the scope of the licensee's |
practice under this Act. |
(12) A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation. |
(13) Abandonment of a patient. |
(14) Willfully making or filing false records or |
reports in his or her practice, including, but not limited |
to, false records filed with state agencies or |
departments. |
(15) Willfully failing to report an instance of |
|
suspected child abuse or neglect as required by the Abused |
and Neglected Child Reporting Act. |
(16) Physical illness, or mental illness or impairment |
that results in the inability to practice the profession |
with reasonable judgment, skill, or safety, including, but |
not limited to, deterioration through the aging process or |
loss of motor skill. |
(17) Being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
under the Abused and Neglected Child Reporting Act, and |
upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act. |
(18) Gross negligence resulting in permanent injury or |
death of a patient. |
(19) Employment of fraud, deception, or any unlawful |
means in applying for or securing a license as a licensed |
certified profession midwife. |
(21) Immoral conduct in the commission of any act, |
including sexual abuse, sexual misconduct, or sexual |
exploitation related to the licensee's practice. |
(22) Violation of the Health Care Worker Self-Referral |
Act. |
(23) Practicing under a false or assumed name, except |
as provided by law. |
|
(24) Making a false or misleading statement regarding |
his or her skill or the efficacy or value of the medicine, |
treatment, or remedy prescribed by him or her in the |
course of treatment. |
(25) Allowing another person to use his or her license |
to practice. |
(26) Prescribing, selling, administering, |
distributing, giving, or self-administering a drug |
classified as a controlled substance for purposes other |
than medically-accepted therapeutic purposes. |
(27) Promotion of the sale of drugs, devices, |
appliances, or goods provided for a patient in a manner to |
exploit the patient for financial gain. |
(28) A pattern of practice or other behavior that |
demonstrates incapacity or incompetence to practice under |
this Act. |
(29) Violating State or federal laws, rules, or |
regulations relating to controlled substances or other |
legend drugs or ephedra as defined in the Ephedra |
Prohibition Act. |
(30) Failure to establish and maintain records of |
patient care and treatment as required by law. |
(31) Attempting to subvert or cheat on the examination |
of the North American Registry of Midwives or its |
successor agency. |
(32) Willfully or negligently violating the |
|
confidentiality between licensed certified profession |
midwives and patient, except as required by law. |
(33) Willfully failing to report an instance of |
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act. |
(34) Being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective |
Services Act and upon proof by clear and convincing |
evidence that the licensee abused, neglected, or |
financially exploited an eligible adult as defined in the |
Adult Protective Services Act. |
(35) Failure to report to the Department an adverse |
final action taken against him or her by another licensing |
jurisdiction of the United States or a foreign state or |
country, a peer review body, a health care institution, a |
professional society or association, a governmental |
agency, a law enforcement agency, or a court. |
(36) Failure to provide copies of records of patient |
care or treatment, except as required by law. |
(37) Failure of a licensee to report to the Department |
surrender by the licensee of a license or authorization to |
practice in another state or jurisdiction or current |
surrender by the licensee of membership professional |
association or society while under disciplinary |
investigation by any of those authorities or bodies for |
|
acts or conduct similar to acts or conduct that would |
constitute grounds for action under this Section. |
(38) Failing, within 90 days, to provide a response to |
a request for information in response to a written request |
made by the Department by certified or registered mail or |
by email to the email address of record. |
(39) Failure to supervise a midwife assistant or |
student midwife including, but not limited to, allowing a |
midwife assistant or student midwife to exceed their |
scope. |
(40) Failure to adequately inform a patient about |
their malpractice liability insurance coverage and the |
policy limits of the coverage. |
(41) Failure to submit an annual report to Department |
of Public Health. |
(42) Failure to disclose active cardiopulmonary |
resuscitation certification or neonatal resuscitation |
provider status to clients. |
(43) Engaging in one of the prohibited practices |
provided for in Section 85 of this Act. |
(b) The Department may, without a hearing, refuse to issue |
or renew or may suspend the license of any person who fails to |
file a return, or to pay the tax, penalty, or interest shown in |
a filed return, or to pay any final assessment of the tax, |
penalty, or interest as required by any tax Act administered |
by the Department of Revenue, until the requirements of any |
|
such tax Act are satisfied. |
(c) The determination by a circuit court that a licensee |
is subject to involuntary admission or judicial admission as |
provided in the Mental Health and Developmental Disabilities |
Code operates as an automatic suspension. The suspension will |
end only upon a finding by a court that the patient is no |
longer subject to involuntary admission or judicial admission |
and issues an order so finding and discharging the patient, |
and upon the recommendation of the Board to the Secretary that |
the licensee be allowed to resume his or her practice. |
(d) In enforcing this Section, the Department, upon a |
showing of a possible violation, may compel an individual |
licensed to practice under this Act, or who has applied for |
licensure under this Act, to submit to a mental or physical |
examination, or both, including a substance abuse or sexual |
offender evaluation, as required by and at the expense of the |
Department. |
The Department shall specifically designate the examining |
physician licensed to practice medicine in all of its branches |
or, if applicable, the multidisciplinary team involved in |
providing the mental or physical examination or both. The |
multidisciplinary team shall be led by a physician licensed to |
practice medicine in all of its branches and may consist of one |
or more or a combination of physicians licensed to practice |
medicine in all of its branches, licensed clinical |
psychologists, licensed clinical social workers, licensed |
|
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to |
submit to an examination pursuant to this Section to submit to |
any additional supplemental testing deemed necessary to |
complete any examination or evaluation process, including, but |
not limited to, blood testing, urinalysis, psychological |
testing, or neuropsychological testing. |
The Department may order the examining physician or any |
member of the multidisciplinary team to provide to the |
Department any and all records, including business records, |
that relate to the examination and evaluation, including any |
supplemental testing performed. |
The Department may order the examining physician or any |
member of the multidisciplinary team to present testimony |
concerning the mental or physical examination of the licensee |
or applicant. No information, report, record, or other |
documents in any way related to the examination shall be |
excluded by reason of any common law or statutory privilege |
relating to communications between the licensee or applicant |
and the examining physician or any member of the |
multidisciplinary team. No authorization is necessary from the |
licensee or applicant ordered to undergo an examination for |
the examining physician or any member of the multidisciplinary |
team to provide information, reports, records, or other |
documents or to provide any testimony regarding the |
|
examination and evaluation. |
The individual to be examined may have, at his or her own |
expense, another physician of his or her choice present during |
all aspects of this examination. However, that physician shall |
be present only to observe and may not interfere in any way |
with the examination. |
Failure of an individual to submit to a mental or physical |
examination, when ordered, shall result in an automatic |
suspension of his or her license until the individual submits |
to the examination. |
If the Department finds an individual unable to practice |
because of the reasons set forth in this Section, the |
Department may require that individual to submit to care, |
counseling, or treatment by physicians approved or designated |
by the Department, as a condition, term, or restriction for |
continued, reinstated, or renewed licensure to practice; or, |
in lieu of care, counseling, or treatment, the Department may |
file a complaint to immediately suspend, revoke, or otherwise |
discipline the license of the individual. An individual whose |
license was granted, continued, reinstated, renewed, |
disciplined, or supervised subject to such terms, conditions, |
or restrictions, and who fails to comply with such terms, |
conditions, or restrictions, shall be referred to the |
Secretary for a determination as to whether the individual |
shall have his or her license suspended immediately, pending a |
hearing by the Department. |
|
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
person's license must be convened by the Department within 30 |
days after the suspension and completed without appreciable |
delay. The Department shall have the authority to review the |
subject individual's record of treatment and counseling |
regarding the impairment to the extent permitted by applicable |
federal statutes and regulations safeguarding the |
confidentiality of medical records. |
An individual licensed under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate |
to the Department that he or she can resume practice in |
compliance with acceptable and prevailing standards under the |
provisions of his or her license. |
Section 105. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012. A person whose license or other |
authorization to practice is suspended under this Section is |
prohibited from practicing until the restitution is made in |
full. |
|
Section 110. Restoration of license. At any time after the |
successful completion of a term of probation, suspension, or |
revocation of any license, the Department may restore it to |
the licensee, unless after an investigation and a hearing, the |
Department determines that restoration is not in the public |
interest. Where circumstances of suspension or revocation so |
indicate, the Department may require an examination of the |
licensee prior to restoring his or her license. No person |
whose license has been revoked as authorized in this Act may |
apply for restoration of that license until provided for in |
the Civil Administrative Code of Illinois. |
A license that has been suspended or revoked shall be |
considered nonrenewed for purposes of restoration and a person |
restoring his or her license from suspension or revocation |
must comply with the requirements for restoration of a |
nonrenewed license as set forth in Section 20 and any related |
rules adopted. |
Section 115. Surrender of license. Upon the revocation or |
suspension of any license, the licensee shall immediately |
surrender the license to the Department. If the licensee fails |
to do so, the Department shall have the right to seize the |
license. |
Section 120. Temporary suspension of license. The |
|
Secretary may temporarily suspend the license of a certified |
professional midwife without a hearing, simultaneously with |
the institution of proceedings for a hearing provided for in |
Section 125, if the Secretary finds that evidence in his or her |
possession indicates that continuation in practice would |
constitute an imminent danger to the public. If the Secretary |
suspends, temporarily, the license without a hearing, a |
hearing by the Department must be held within 30 days after |
such suspension has occurred, and concluded without |
appreciable delay. |
Section 125. Rehearing. If the Secretary is satisfied that |
substantial justice has not been done in the revocation, |
suspension, or refusal to issue or renew a license, the |
Secretary may order a rehearing by the same or another hearing |
officer or Board. |
Section 130. Administrative review; certification of |
record. |
(a) All final administrative decisions of the Department |
are subject to judicial review pursuant to the provisions of |
the Administrative Review Law, and all rules adopted pursuant |
thereto. "Administrative decision" has the same meaning as |
used in Section 3-101 of the Code of Civil Procedure. |
(b) Proceedings for judicial review shall be commenced in |
the circuit court of the county in which the party applying for |
|
review resides, but if the party is not a resident of this |
State, venue shall be in Sangamon County. |
(c) The Department shall not be required to certify any |
record to the court, to file an answer in court, or to |
otherwise appear in any court in a judicial review proceeding |
unless and until the Department has received from the |
plaintiff payment of the costs of furnishing and certifying |
the record, which costs shall be determined by the Department. |
Exhibits shall be certified without cost. Failure on the part |
of the plaintiff to file a receipt in court is grounds for |
dismissal of the action. During the pendency and hearing of |
any and all judicial proceedings incident to the disciplinary |
action, the sanctions imposed upon the accused by the |
Department because of acts or omissions related to the |
delivery of direct patient care as specified in the |
Department's final administrative decision, shall, as a matter |
of public policy, remain in full force and effect in order to |
protect the public pending final resolution of any of the |
proceedings. |
Section 135. Injunction. |
(a) If any person violates any provision of this Act, the |
Secretary may, in the name of the People of the State of |
Illinois, through the Attorney General, or the State's |
Attorney of any county in which the action is brought, |
petition for an order enjoining the violation or for an order |
|
enforcing compliance with this Act. Upon the filing of a |
verified petition in court, the court may issue a temporary |
restraining order, without notice or bond, and may |
preliminarily and permanently enjoin such violation, and if it |
is established that such person has violated or is violating |
the injunction, the Court may punish the offender for contempt |
of court. Proceedings under this Section shall be in addition |
to, and not in lieu of, all other remedies and penalties |
provided by this Act. |
(b) If any person shall practice as a certified |
professional midwife or hold himself or herself out as a |
licensed certified professional midwife without being licensed |
under the provisions of this Act, then any licensed certified |
professional midwife, any interested party, or any person |
injured thereby may, in addition to the Secretary, petition |
for relief as provided in subsection (a). |
(c) If, in the opinion of the Department, any person |
violates any provision of this Act, the Department may issue a |
rule to show cause why an order to cease and desist should not |
be entered against him or her. The rule shall clearly set forth |
the grounds relied upon by the Department and shall provide a |
period of 7 days from the date of the rule to file an answer to |
the satisfaction of the Department. Failure to answer to the |
satisfaction of the Department shall cause an order to cease |
and desist to be issued forthwith. |
|
Section 140. Investigation; notice; hearing. The |
Department may investigate the actions of any applicant or of |
any person or persons holding or claiming to hold a license |
under this Act. The Department shall, before suspending, |
revoking, placing on probationary status, or taking any other |
disciplinary action as the Department may deem proper with |
regard to any license, at least 30 days prior to the date set |
for the hearing, notify the applicant or licensee in writing |
of any charges made and the time and place for a hearing of the |
charges, direct him or her to file his or her written answer |
under oath within 20 days after the service and inform the |
applicant or licensee that failure to answer will result in a |
default being entered against the applicant or licensee. As a |
result of the default, such may be suspended, revoked, placed |
on probationary status, or have other disciplinary action, |
including limiting the scope, nature or extent of his or her |
practice, as the Department may deem proper taken with regard |
thereto. Written or electronic notice may be served by |
personal delivery, email, or mail to the applicant or licensee |
at his or her address of record or email address of record. At |
the time and place fixed in the notice, the Department shall |
proceed to hear the charges and the parties or their counsel |
shall be accorded ample opportunity to present such |
statements, testimony, evidence, and argument as may be |
pertinent to the charges or to the defense thereto. The |
Department may continue such hearing from time to time. In |
|
case the applicant or licensee, after receiving notice, fails |
to file an answer, his or her license may in the discretion of |
the Secretary, having received first the recommendation of the |
Board, be suspended, revoked, placed on probationary status, |
or the Secretary may take whatever disciplinary action as he |
or she may deem proper, including limiting the scope, nature, |
or extent of such person's practice, without a hearing, if the |
act or acts charged constitute sufficient grounds for such |
action under this Act. |
Section 145. Hearing report. At the conclusion of the |
hearing, the Board shall present to the Secretary a written |
report of its findings of fact, conclusions of law, and |
recommendations. The report shall contain a finding of whether |
the accused person violated this Act or failed to comply with |
the conditions required in this Act. The Board shall specify |
the nature of the violation or failure to comply, and shall |
make its recommendations to the Secretary. |
The report of findings of fact, conclusions of law, and |
recommendation of the Board shall be the basis for the |
Department's order or refusal or for the granting of a license |
or permit. The finding is not admissible in evidence against |
the person in a criminal prosecution brought for the violation |
of this Act, but the hearing and finding are not a bar to a |
criminal prosecution brought for the violation of this Act. |
|
Section 150. Hearing officer. Notwithstanding the |
provisions of Section 140, the Secretary shall have the |
authority to appoint any attorney duly licensed to practice |
law in this State to serve as the hearing officer in any action |
for refusal to issue or renew, or for discipline of, a license. |
The hearing officer shall have full authority to conduct the |
hearing. The hearing officer shall report his or her findings |
of fact, conclusions of law, and recommendations to the Board |
and the Secretary. The Board shall have 60 days after receipt |
of the report to review the report of the hearing officer and |
present their findings of fact, conclusions of law, and |
recommendations to the Secretary. If the Secretary disagrees |
in any regard with the report of the Board or hearing officer, |
he or she may issue an order in contravention thereof. |
Section 155. Motion for rehearing. In any case |
involving the refusal to issue, renew, or discipline of a |
license, a copy of the Board's report shall be served upon the |
respondent by the Department, either personally or as provided |
in this Act for the service of the notice of hearing. Within 20 |
days after such service, the respondent may present to the |
Department a motion in writing for a rehearing, which motion |
shall specify the particular grounds therefor. If no motion |
for rehearing is filed, then upon the expiration of the time |
specified for filing such a motion, or if a motion for |
rehearing is denied, then upon such denial the Secretary may |
|
enter an order in accordance with recommendations of the Board |
except as provided in Section 145 or 150. If the respondent |
shall order from the reporting service, and pay for a |
transcript of the record within the time for filing a motion |
for rehearing, the 20-day period within which such a motion |
may be filed shall commence upon the delivery of the |
transcript to the respondent. |
Section 160. Certification of records by Department. The |
Department shall not be required to certify any record to the |
court or file any answer in court or otherwise appear in any |
court in a judicial review proceeding, unless there is filed |
in the court, with the complaint, a receipt from the |
Department acknowledging payment of the costs of furnishing |
and certifying the record. Failure on the part of the |
plaintiff to file a receipt in court shall be grounds for |
dismissal of the action. |
Section 165. Violation. Any person who is found to have |
knowingly violated any provision of this Act is guilty of a |
Class A misdemeanor. On conviction of a second or subsequent |
offense the violator shall be guilty of a Class 4 felony. |
Section 170. Fees. |
(a) Fees collected for the administration of this Act |
shall be set by the Department by rule. All fees are |
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nonrefundable. |
(b) All moneys collected under this Act by the Department |
shall be deposited in the General Professions Dedicated Fund. |
Section 175. Returned checks; fines. Any person who |
delivers a check or other payment to the Department that is |
returned to the Department unpaid by the financial institution |
upon which it is drawn shall pay to the Department, in addition |
to the amount already owed to the Department, a fine of $50. |
The fines imposed by this Section are in addition to any other |
discipline provided under this Act for unlicensed practice or |
practice on a nonrenewed license. The Department shall notify |
the person that payment of fees and fines shall be paid to the |
Department by certified check or money order within 30 |
calendar days of the notification. If, after the expiration of |
30 days from the date of the notification, the person has |
failed to submit the necessary remittance, the Department |
shall automatically terminate the license or certificate or |
deny the application, without hearing. If, after termination |
or denial, the person seeks a license or certificate, he or she |
shall apply to the Department for restoration or issuance of |
the license or certificate and pay all fees and fines due to |
the Department. The Department may establish a fee for the |
processing of an application for restoration of a license or |
certificate to pay all expenses of processing this |
application. The Secretary may waive the fines due under this |
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Section in individual cases where the Secretary finds that the |
fines would be unreasonable or unnecessarily burdensome. |
Section 180. Confidentiality. All information collected by |
the Department in the course of an examination or |
investigation of a licensee or applicant, including, but not |
limited to, any complaint against a licensee filed with the |
Department and information collected to investigate any such |
complaint, shall be maintained for the confidential use of the |
Department and shall not be disclosed. The Department shall |
not disclose the information to anyone other than law |
enforcement officials, regulatory agencies that have an |
appropriate regulatory interest as determined by the |
Secretary, or a party presenting a lawful subpoena to the |
Department. Information and documents disclosed to a federal, |
State, county, or local law enforcement agency shall not be |
disclosed by the agency for any purpose to any other agency or |
person. A formal complaint filed against a licensee by the |
Department or any order issued by the Department against a |
licensee or applicant shall be a public record, except as |
otherwise prohibited by law. |
Section 185. The Regulatory Sunset Act is amended by |
changing Section 4.37 as follows: |
(5 ILCS 80/4.37) |
|
Sec. 4.37. Acts and Articles repealed on January 1, 2027. |
The following are repealed on January 1, 2027: |
The Clinical Psychologist Licensing Act.
|
The Illinois Optometric Practice Act of 1987. |
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
|
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
|
The Boiler and Pressure Vessel Repairer Regulation Act. |
The Marriage and Family Therapy Licensing Act. |
The Licensed Certified Professional Midwife Practice Act. |
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; |
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. |
8-18-17; 100-372, eff. 8-25-17.)
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Section 999. Effective date. This Act takes effect on |
October 1, 2022. |