Il Midwifery Practice
ACT

Progress of the LCPM
Practice Act

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In 2021 Illinois became the 37th State to licensure Certified Professional Midwives via House Bill 3401! Now that HB3401 has passed, it is a law referred to as the “Licensed Certified Professional Midwifery Practice Act” (225 ILCS64/).

The LCPM Practice Act creates a path toward certification for midwives by allowing licensed certified professional midwives to attend out-of-hospital births in home and birth center settings. The proposal passed the Illinois legislature after the state’s main doctor’s organization, the Illinois State Medical Society, lifted its opposition, citing provisions that protect doctors and medical facilities from liability.

The LCPM Practice Act passed while Star August, co-founder of HBC, was President of the Illinois Council of Certified Professional Midwives.

FAQs

See the full text of the “Licensed Certified Professional Midwifery Practice Act” (225 ILCS64/ on the Illinois General Assembly website by clicking here.

The Licensed Certified Professional Midwifery Practice Act was given an effective date of October 1, 2022, meaning this is the first date on which the law became active in Illinois.


The specific date CPMs can get licensed and start practicing depends on when the Rules for the Licensed Certified Professional Midwifery Act are adopted. We are estimating some time in 2024, give or take a year. The state does not consider any midwife to be practicing “legally” unless they have a license or qualify for one of the exemptions.


These rules include the establishment of procedures and requirements for licensure, license renewals, continuing education, restoration of licenses, and recordkeeping. They define the scope of duties and requirements for midwife assistants; establish the standards for determining rehabilitation; establish application, renewal, and other fees; and create procedures and requirements for reporting adverse occurrences. These rules would also define dishonorable, unethical, or unprofessional conduct; while creating the procedure for the granting of variances.

The Department or Agency which administers an act (in this case, Illinois Department of Financial and Professional Regulation) present proposed Rules to the Joint Commission on Administrative Rules (JCAR), and rules will go through a public comment stage, and revisions, before JCAR approves and adopts the final rules. This process, according to JCAR can take 90 days to a year, but practice acts and major legislation often takes more than a year from the law’s effective date (Oct 1, 2022).

The second draft of the rules can be found here.

The JCAR website provides information on who members are, how you can be involved in the rules process through public comment, and links for the Flinn report (summary of JCAR action), the Illinois Register (complete text of rules that are proposed or adopted), and Agendas and Minutes for upcoming meetings. There is no way to subscribe or automatically receive updates from these items, so you’ll need to keep checking back for updates.

https://www.ilga.gov/commission/jcar/

The bill as written became statute when the governor signed it on Dec. 14, 2021. There is not a way to make changes or amendments to it at this time. To make changes in the future would require filing another bill, or, waiting until the sunset review (for this bill, the next will be in 2027) when legislators have the opportunity to review, revise, and renew practice acts. The rules process cannot be used to go against or remove what is written in statute/law.

All midwives who apply for licensure beginning one year after rules are adopted will be required to have MEAC education completed, in addition to receiving their CPM through NARM.

For the one-year period after rules are complete only, CPMs who do NOT have MEAC education will also be able to apply, under the following conditions:

  • They will need to have held their CPM for at least 3 years at the time of application,

  • They will need to have completed the NARM Bridge Certificate at the time of application.

We recommend all midwifery students explore options for enrolling in a MEAC school. Students who are near the end of their apprenticeship/preparing to sit the NARM exam could consider using the CPM Portfolio Evaluation Process (PEP) to MEAC bridge programs offered by some schools.

For current CPMs, there are several MEAC schools offering a program that allows current CPMs to receive credit for their CPM certification, and take a shorter course of study without repeating the entire apprenticeship/clinical process.

Note there are no MEAC schools in IL. The only MEAC school in the Midwest is Southwest Tech in Wisconsin.

You can find a complete list of MEAC schools here: https://www.meacschools.org/midwifery-schools/compare

This law specifically exempts some traditional midwives from licensure. We cannot advise you on whether or not a specific midwife or circumstances would be exempted.

Section 25; Exemptions
(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;

Prior to this law, the ONLY midwives legally allowed to attend any birth, by statute, by court ruling, and by IDFPR regulation, were CNMs. ALL other midwives were at risk of cease and desist orders and fines, and prosecution.

Source:ICCPM – Illinois Council of Certified Professional Midwives: https://www.illinoismidwives.com

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