Is Lay Midwife's Conduct Regulated by the Nursing Act ?
In People ex rel. Sherman v. Cryns, 203 Ill. 2d 264, 786 N.E.2d 139, 271 Ill. Dec. 881 (2003), our supreme court addressed whether a lay midwife who performed prenatal examinations on a pregnant mother and assisted in the delivery of the baby had engaged in conduct regulated by the Nursing Act.
The court noted that the General Assembly explicitly provided certain limited exceptions to the coverage of the Nursing Act, but that there was no exception for midwives. Cryns , 203 Ill. 2d at 285-86.
The court noted that under the principle of expressio unius est exclusio alterius, the enumeration of exceptions in a statute is construed as an exclusion of all other exceptions. Cryns , 203 Ill. 2d at 286.
The court held that "the General Assembly intended to exempt from the coverage of the Nursing Act only those instances specifically enumerated.
We discern no contrary legislative intent which would overcome this rule of construction and support defendant's contention that traditional midwives, as a class, were intended by the General Assembly to be excluded from coverage under the Nursing Act." Cryns, 203 Ill. 2d at 286.