Bill Amendment: IL HB3401 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MIDWIFE PRACTICE ACT

Status: 2021-12-14 - Public Act . . . . . . . . . 102-0683 [HB3401 Detail]

Download: Illinois-2021-HB3401-Senate_Amendment_001.html

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Sen. Cristina Castro

Filed: 5/14/2021

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AMENDMENT TO HOUSE BILL 3401
AMENDMENT NO. ______. Amend House Bill 3401 by replacing
everything after the enacting clause with the following:
"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

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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
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.

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"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.
"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

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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
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

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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
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.

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"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.
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.
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

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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
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

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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,
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

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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
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

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may perform each of the following duties:
(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
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

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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.
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;

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(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
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

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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
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

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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
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

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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
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.

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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
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

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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,
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

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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:
(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;

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(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;
(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

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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
Insurance Portability and Accountability Act of 1996.
(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;

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(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
non-pharmaceutical form of pain relief during the first
and second stages of labor.
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.
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

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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
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:
(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;

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(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;
(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;

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(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
biophysical profile;
(Z) marked or severe polyhydramnios or
oligohydramnios;
(AA) evidence of intrauterine growth restriction;
(BB) significant abnormal ultrasound findings; or
(CC) gestation beyond 42 weeks by reliable
confirmed dates;
(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

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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;
(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;
(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.
(c) A licensed certified professional midwife shall
consult with a licensed physician or certified nurse midwife

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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;

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(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

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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

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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

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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;

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(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

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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, even if 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.

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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.

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(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

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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.

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(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

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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

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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

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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

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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

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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

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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

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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.

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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.

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(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.

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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

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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

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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

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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

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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

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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
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

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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
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

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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.)
Section 999. Effective date. This Act takes effect on
January 1, 2022.".