HB 3401 Illinois House · 102nd Regular Session

MIDWIFE PRACTICE ACT

Summary
Creates the Licensed Certified Professional Midwife Practice Act. Provides for the licensure of certified professional midwives by the Department of Financial and Professional Regulation and for certain limitations on the activities of licensed certified professional midwives. Creates the Illinois Midwifery Board. Sets forth provisions concerning application; qualifications; exemptions; title protection; informed consent; consultation and referral; grounds for disciplinary action; reporting; and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2032. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: New Act 5 ILCS 80/4.37 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Licensed Certified Professional Midwife Practice Act. Creates provisions concerning Social Security Numbers on license applications; inactive status; grounds for disciplinary action; restoration of license; surrender of license; temporary suspension of license; rehearing; administrative review and certification of records; injunctions; investigation, notice, and hearings; hearing reports; hearing officers; motions for rehearing; certification of records by Department of Financial and Professional Regulation; violations; and fees. Make changes in provisions concerning definitions; exemptions; the Illinois Midwifery Board; powers and duties of the Department; licensure; expiration and renewal of licensure; scope of practice; annual reports; and vicarious liability. Further amends the Regulatory Sunset Act. Provides for repeal of the Licensed Certified Professional Midwife Practice Act on January 1, 2027 (rather than January 1, 2032). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Licensed Certified Professional Midwife Practice Act. In provisions concerning the Illinois Midwifery Board, provides that all board members must be residents of the State. Provides that 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. In provisions concerning licensure, provides that applicants have 3 years from the date of application to complete the application process. Makes changes in provisions concerning definitions; Social Security Numbers on license applications; exemptions; informed consent; scope of practice; transfer; annual reports; grounds for disciplinary action; and investigations, notice, and hearings. Removes references to the Disciplinary Board. Adds a January 1, 2022 effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes: Provides that 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 (rather than 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. Changes the effective date to October 1, 2022.
Bill status signed all 5 stages cleared
Introduction
Apr 2021
Committee Review
Oct 2021
House Passage
Oct 2021
Senate Passage
Oct 2021
Signed into Law
Dec 2021
Introduced Apr 23, 2021 Signed Dec 14, 2021
Floor votes · Senate Oct 20, 2021 · House Apr 22, 2021

How they voted

440
Passed · 2 other
Total votes 46
Oct 20, 2021
D Democratic29
27 Yea 2
93% Yea
R Republican17
17 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
100
Key actions
16
Committee
18
Amendments
11
Dec 14, 2021
Signed into law
Governor Approved
lower
Oct 28, 2021
Lower · Passed
Passed Both Houses
lower
Oct 28, 2021
Introduced
Senate Floor Amendment No. 2 House Concurs 114-001-000
lower
Oct 28, 2021
Lower · Passed
Senate Committee Amendment No. 1 House Concurs 114-001-000
lower
Oct 26, 2021
Lower · Passed
Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Health Care Licenses Committee; 008-000-000
lower
Oct 26, 2021
Lower · Passed
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Health Care Licenses Committee; 008-000-000
lower
Oct 25, 2021
Committee
Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Health Care Licenses Committee
lower
Oct 25, 2021
Committee
Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Health Care Licenses Committee
lower
Oct 20, 2021
Committee
Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
lower
Oct 20, 2021
Introduced
Senate Floor Amendment No. 2 Motion Filed Concur Rep. Robyn Gabel
lower
Oct 20, 2021
Committee
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
lower
Oct 20, 2021
Lower · Passed
Senate Committee Amendment No. 1 Motion Filed Concur Rep. Robyn Gabel
lower
Oct 20, 2021
Introduced
Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
lower
Oct 20, 2021
Introduced
Arrived in House
lower
Oct 20, 2021
Upper · Passed
Third Reading - Passed; 056-001-000
upper
Oct 20, 2021
Upper · Passed
Senate Floor Amendment No. 2 Adopted; Castro
upper
Oct 20, 2021
Introduced
Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 006-000-000
upper
Oct 19, 2021
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities
upper
Oct 15, 2021
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
Oct 15, 2021
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Cristina Castro
upper
Jun 15, 2021
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
May 19, 2021
Upper · Passed
Do Pass as Amended Licensed Activities; 008-000-000
upper
May 19, 2021
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
May 17, 2021
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Licensed Activities
upper
May 14, 2021
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
May 14, 2021
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina Castro
upper
May 5, 2021
Committee
Assigned to Licensed Activities
upper
Apr 23, 2021
Committee
Referred to Assignments
upper
Apr 23, 2021
Introduced
Arrive in Senate
upper
Apr 22, 2021
Amended
House Floor Amendment No. 2 Tabled Pursuant to Rule 40
lower
Apr 22, 2021
Lower · Passed
Third Reading - Standard Debate - Passed 105-002-003
lower
Apr 22, 2021
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 2 Remains in Health Care Licenses Committee
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted - Lost Health Care Licenses Committee; 002-006-000
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Health Care Licenses Committee; 008-000-000
lower
2 primary · 108 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Cristina Castro
Cristina Castro
DDemocratic
IL
22
P
Photo of Robyn Gabel
Robyn Gabel
DDemocratic
IL
18
Co
AO
Aarón Ortíz
DDemocratic
IL
1
Co
Photo of Adriane Johnson
Adriane Johnson
DDemocratic
IL
30
Co
Photo of Amy Elik
Amy Elik
RRepublican
IL
111
Co
Photo of Amy Grant
Amy Grant
RRepublican
IL
47
Co
Photo of Andrew Chesney
Andrew Chesney
RRepublican
IL
45
Co
Photo of Angie Guerrero-Cuellar
Angie Guerrero-Cuellar
DDemocratic
IL
22
Co
Photo of Ann Gillespie
Ann Gillespie
DDemocratic
IL
27
Co
Photo of Anna Moeller
Anna Moeller
DDemocratic
IL
43
Co
Photo of Anne Stava
Anne Stava
DDemocratic
IL
81
Co
Photo of Avery Bourne
Avery Bourne
RRepublican
IL
95