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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by adding
5Section 4.35 as follows:
 
6    (5 ILCS 80/4.35 new)
7    Sec. 4.35. Act repealed on January 1, 2025. The following
8Act is repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
 
10    (5 ILCS 80/4.25 rep.)
11    Section 10. The Regulatory Sunset Act is amended by
12repealing Section 4.25.
 
13    Section 15. The Genetic Counselor Licensing Act is amended
14by changing Sections 10, 20, 25, 45, 80, 95, 100, 105, 110,
15115, 120, 125, 135, 140, 145, 150, 160, 170, and 180 and by
16adding Section 190 as follows:
 
17    (225 ILCS 135/10)
18    (Section scheduled to be repealed on January 1, 2015)
19    Sec. 10. Definitions. As used in this Act:
20    "ABGC" means the American Board of Genetic Counseling.

 

 

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1    "ABMG" means the American Board of Medical Genetics.
2    "Active candidate status" is awarded to applicants who have
3received approval from the ABGC or ABMG to sit for their
4respective certification examinations.
5    "Address of record" means the designated address recorded
6by the Department in the applicant's or licensee's application
7file or license file as maintained by the Department's
8licensure maintenance unit. It is the duty of the applicant or
9licensee to inform the Department of any change of address, and
10those changes must be made either through the Department's
11website or by contacting the Department.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Director" means the Director of Professional Regulation.
15    "Genetic anomaly" means a variation in an individual's DNA
16that has been shown to confer a genetically influenced disease
17or predisposition to a genetically influenced disease or makes
18a person a carrier of such variation. A "carrier" of a genetic
19anomaly means a person who may or may not have a predisposition
20or risk of incurring a genetically influenced condition and who
21is at risk of having offspring with a genetically influenced
22condition.
23    "Genetic counseling" means the provision of services,
24which may include the ordering of genetic tests, pursuant to a
25referral, to individuals, couples, groups, families, and
26organizations by one or more appropriately trained individuals

 

 

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1to address the physical and psychological issues associated
2with the occurrence or risk of occurrence or recurrence of a
3genetic disorder, birth defect, disease, or potentially
4inherited or genetically influenced condition in an individual
5or a family. "Genetic counseling" consists of the following:
6        (A) Estimating the likelihood of occurrence or
7    recurrence of a birth defect or of any potentially
8    inherited or genetically influenced condition. This
9    assessment may involve:
10            (i) obtaining and analyzing a complete health
11        history of the person and his or her family;
12            (ii) reviewing pertinent medical records;
13            (iii) evaluating the risks from exposure to
14        possible mutagens or teratogens;
15            (iv) recommending genetic testing or other
16        evaluations to diagnose a condition or determine the
17        carrier status of one or more family members;
18        (B) Helping the individual, family, health care
19    provider, or health care professional (i) appreciate the
20    medical, psychological and social implications of a
21    disorder, including its features, variability, usual
22    course and management options, (ii) learn how genetic
23    factors contribute to the disorder and affect the chance
24    for recurrence of the condition in other family members,
25    and (iii) understand available options for coping with,
26    preventing, or reducing the chance of occurrence or

 

 

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1    recurrence of a condition.
2        (C) Facilitating an individual's or family's (i)
3    exploration of the perception of risk and burden associated
4    with the disorder and (ii) adjustment and adaptation to the
5    condition or their genetic risk by addressing needs for
6    psychological, social, and medical support.
7    "Genetic counselor" means a person licensed under this Act
8to engage in the practice of genetic counseling.
9    "Genetic testing" and "genetic test" mean a test or
10analysis of human genes, gene products, DNA, RNA, chromosomes,
11proteins, or metabolites that detects genotypes, mutations,
12chromosomal changes, abnormalities, or deficiencies, including
13carrier status, that (i) are linked to physical or mental
14disorders or impairments, (ii) indicate a susceptibility to
15illness, disease, impairment, or other disorders, whether
16physical or mental, or (iii) demonstrate genetic or chromosomal
17damage due to environmental factors. "Genetic testing" and
18"genetic tests" do not include routine physical measurements;
19chemical, blood and urine analyses that are widely accepted and
20in use in clinical practice; tests for use of drugs; tests for
21the presence of the human immunodeficiency virus; analyses of
22proteins or metabolites that do not detect genotypes,
23mutations, chromosomal changes, abnormalities, or
24deficiencies; or analyses of proteins or metabolites that are
25directly related to a manifested disease, disorder, or
26pathological condition that could reasonably be detected by a

 

 

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1health care professional with appropriate training and
2expertise in the field of medicine involved.
3    "Person" means an individual, association, partnership, or
4corporation.
5    "Qualified supervisor" means any person who is a licensed
6genetic counselor, as defined by rule, or a physician licensed
7to practice medicine in all its branches. A qualified
8supervisor may be provided at the applicant's place of work, or
9may be contracted by the applicant to provide supervision. The
10qualified supervisor shall file written documentation with the
11Department of employment, discharge, or supervisory control of
12a genetic counselor at the time of employment, discharge, or
13assumption of supervision of a genetic counselor.
14    "Referral" means a written or telecommunicated
15authorization for genetic counseling services from a physician
16licensed to practice medicine in all its branches, an advanced
17practice nurse who has a collaborative agreement with a
18collaborating physician that authorizes referrals to a genetic
19counselor, or a physician assistant who has a supervision
20agreement with a supervising physician that authorizes
21referrals to a genetic counselor.
22    "Secretary" means the Secretary of Financial and
23Professional Regulation.
24    "Supervision" means review of aspects of genetic
25counseling and case management in a bimonthly meeting with the
26person under supervision.

 

 

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1(Source: P.A. 96-1313, eff. 7-27-10.)
 
2    (225 ILCS 135/20)
3    (Section scheduled to be repealed on January 1, 2015)
4    Sec. 20. Restrictions and limitations.
5    (a) Except Beginning 12 months after the adoption of the
6final administrative rules, except as provided in Section 15,
7no person shall, without a valid license as a genetic counselor
8issued by the Department (i) in any manner hold himself or
9herself out to the public as a genetic counselor under this
10Act; (ii) use in connection with his or her name or place of
11business the title "genetic counselor", "licensed genetic
12counselor", "gene counselor", "genetic consultant", or
13"genetic associate" or any words, letters, abbreviations, or
14insignia indicating or implying a person has met the
15qualifications for or has the license issued under this Act; or
16(iii) offer to render or render to individuals, corporations,
17or the public genetic counseling services if the words "genetic
18counselor" or "licensed genetic counselor" are used to describe
19the person offering to render or rendering them, or "genetic
20counseling" is used to describe the services rendered or
21offered to be rendered.
22    (b) No Beginning 12 months after the adoption of the final
23administrative rules, no licensed genetic counselor may
24provide genetic counseling to individuals, couples, groups, or
25families without a referral from a physician licensed to

 

 

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1practice medicine in all its branches, an advanced practice
2nurse who has a collaborative agreement with a collaborating
3physician that authorizes referrals to a genetic counselor, or
4a physician assistant who has been delegated authority to make
5referrals to genetic counselors. The physician, advanced
6practice nurse, or physician assistant shall maintain
7supervision of the patient and be provided timely written
8reports on the services, including genetic testing results,
9provided by the licensed genetic counselor. Genetic testing
10shall be ordered by a physician licensed to practice medicine
11in all its branches or a genetic counselor pursuant to a
12referral that gives the specific authority to order genetic
13tests. Genetic test results and reports shall be provided to
14the referring physician, advanced practice nurse, or physician
15assistant. General seminars or talks to groups or organizations
16on genetic counseling that do not include individual, couple,
17or family specific counseling may be conducted without a
18referral. In clinical settings, genetic counselors who serve as
19a liaison between family members of a patient and a genetic
20research project, may, with the consent of the patient, provide
21information to family members for the purpose of gathering
22additional information, as it relates to the patient, without a
23referral. In non-clinical settings where no patient is being
24treated, genetic counselors who serve as a liaison between a
25genetic research project and participants in that genetic
26research project may provide information to the participants,

 

 

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1without a referral.
2    (c) No Beginning 12 months after the adoption of the final
3administrative rules, no association or partnership shall
4practice genetic counseling unless every member, partner, and
5employee of the association or partnership who practices
6genetic counseling or who renders genetic counseling services
7holds a valid license issued under this Act. No license shall
8be issued to a corporation, the stated purpose of which
9includes or which practices or which holds itself out as
10available to practice genetic counseling, unless it is
11organized under the Professional Service Corporation Act.
12    (d) Nothing in this Act shall be construed as permitting
13persons licensed as genetic counselors to engage in any manner
14in the practice of medicine in all its branches as defined by
15law in this State.
16    (e) Nothing in this Act shall be construed to authorize a
17licensed genetic counselor to diagnose, test (unless
18authorized in a referral), or treat any genetic or other
19disease or condition.
20    (f) When, in the course of providing genetic counseling
21services to any person, a genetic counselor licensed under this
22Act finds any indication of a disease or condition that in his
23or her professional judgment requires professional service
24outside the scope of practice as defined in this Act, he or she
25shall refer that person to a physician licensed to practice
26medicine in all of its branches.

 

 

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1(Source: P.A. 96-1313, eff. 7-27-10.)
 
2    (225 ILCS 135/25)
3    (Section scheduled to be repealed on January 1, 2015)
4    Sec. 25. Unlicensed practice; violation; civil penalty.
5    (a) Any Beginning 12 months after the adoption of the final
6administrative rules, any person who practices, offers to
7practice, attempts to practice, or holds himself or herself out
8to practice as a genetic counselor without being licensed or
9exempt under this Act shall, in addition to any other penalty
10provided by law, pay a civil penalty to the Department in an
11amount not to exceed $10,000 $5,000 for each offense, as
12determined by the Department. Civil penalty shall be assessed
13by the Department after a hearing is held in accordance with
14the provisions set forth in this Act regarding the provision of
15a hearing for the discipline of a licensee.
16    (b) The Department may investigate any actual, alleged, or
17suspected unlicensed activity.
18    (c) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty. The
20order shall constitute a final judgment and may be filed and
21execution had thereon in the same manner as any judgment from
22any court of record.
23(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
24    (225 ILCS 135/45)

 

 

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1    (Section scheduled to be repealed on January 1, 2015)
2    Sec. 45. Social Security Number on license application. In
3addition to any other information required to be contained in
4the application, every application for an original license
5under this Act shall include the applicant's Social Security
6Number, which shall be retained in the agency's records
7pertaining to the license. As soon as practical, the Department
8shall assign a customer's identification number to each
9applicant for a license.
10    Every application for a renewal, reinstated, or restored
11license shall require the applicant's customer identification
12number.
13(Source: P.A. 97-400, eff. 1-1-12.)
 
14    (225 ILCS 135/80)
15    (Section scheduled to be repealed on January 1, 2015)
16    Sec. 80. Checks or orders dishonored. Any person who issues
17or delivers a check or other order to the Department that is
18returned to the Department unpaid by the financial institution
19upon which it is drawn shall pay to the Department, in addition
20to the amount already owed to the Department, a fine of $50.
21The fines imposed by this Section are in addition to any other
22discipline provided under this Act prohibiting unlicensed
23practice or practice on a nonrenewed license. The Department
24shall notify the person that payment of fees and fines shall be
25paid to the Department by certified check or money order within

 

 

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130 calendar days after notification. If, after the expiration
2of 30 days from the date of the notification, the person has
3failed to submit the necessary remittance, the Department shall
4automatically terminate the license or certification or deny
5the application, without hearing. If, after termination or
6denial, the person seeks a license or certificate, he or she
7shall apply to the Department for restoration or issuance of
8the license or certificate and pay all fees and fines due to
9the Department. The Department may establish a fee for the
10processing of an application for restoration of a license to
11pay all costs and expenses of processing of this application.
12The Secretary Director may waive the fines due under this
13Section in individual cases where the Secretary Director finds
14that the fines would be unnecessarily burdensome.
15(Source: P.A. 93-1041, eff. 9-29-04.)
 
16    (225 ILCS 135/95)
17    (Section scheduled to be repealed on January 1, 2015)
18    Sec. 95. Grounds for discipline.
19    (a) The Department may refuse to issue, renew, or may
20revoke, suspend, place on probation, reprimand, or take other
21disciplinary or non-disciplinary action as the Department
22deems appropriate, including the issuance of fines not to
23exceed $10,000 $1,000 for each violation, with regard to any
24license for any one or more of the following:
25        (1) Material misstatement in furnishing information to

 

 

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1    the Department or to any other State agency.
2        (2) Violations or negligent or intentional disregard
3    of this Act, or any of its rules.
4        (3) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or
6    sentencing, including, but not limited to, convictions,
7    preceding sentences of supervision, conditional discharge,
8    or first offender probation, under the laws of any
9    jurisdiction of the United States: (i) that is a felony or
10    (ii) that is a misdemeanor, an essential element of which
11    is dishonesty, or that is directly related to the practice
12    of genetic counseling. Conviction of any crime under the
13    laws of the United States or any state or territory thereof
14    that is a felony, a misdemeanor, an essential element of
15    which is dishonesty, or a crime that is directly related to
16    the practice of the profession.
17        (4) Making any misrepresentation for the purpose of
18    obtaining a license, or violating any provision of this Act
19    or its rules.
20        (5) Negligence Gross negligence in the rendering of
21    genetic counseling services.
22        (6) Failure to provide genetic testing results and any
23    requested information to a referring physician licensed to
24    practice medicine in all its branches, advanced practice
25    nurse, or physician assistant.
26        (7) Aiding or assisting another person in violating any

 

 

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1    provision of this Act or any rules.
2        (8) Failing to provide information within 60 days in
3    response to a written request made by the Department.
4        (9) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public and violating the rules of
7    professional conduct adopted by the Department.
8        (10) Failing to maintain the confidentiality of any
9    information received from a client, unless otherwise
10    authorized or required by law.
11        (10.5) Failure to maintain client records of services
12    provided and provide copies to clients upon request.
13        (11) Exploiting a client for personal advantage,
14    profit, or interest.
15        (12) Habitual or excessive use or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug
17    which results in inability to practice with reasonable
18    skill, judgment, or safety.
19        (13) Discipline by another governmental agency or unit
20    of government, by any jurisdiction of the United States, or
21    by a foreign nation jurisdiction, if at least one of the
22    grounds for the discipline is the same or substantially
23    equivalent to those set forth in this Section.
24        (14) Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate, or other form of compensation

 

 

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1    for any professional service not actually rendered.
2    Nothing in this paragraph (14) affects any bona fide
3    independent contractor or employment arrangements among
4    health care professionals, health facilities, health care
5    providers, or other entities, except as otherwise
6    prohibited by law. Any employment arrangements may include
7    provisions for compensation, health insurance, pension, or
8    other employment benefits for the provision of services
9    within the scope of the licensee's practice under this Act.
10    Nothing in this paragraph (14) shall be construed to
11    require an employment arrangement to receive professional
12    fees for services rendered.
13        (15) A finding by the Department that the licensee,
14    after having the license placed on probationary status has
15    violated the terms of probation.
16        (16) Failing to refer a client to other health care
17    professionals when the licensee is unable or unwilling to
18    adequately support or serve the client.
19        (17) Willfully filing false reports relating to a
20    licensee's practice, including but not limited to false
21    records filed with federal or State agencies or
22    departments.
23        (18) Willfully failing to report an instance of
24    suspected child abuse or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (19) Being named as a perpetrator in an indicated

 

 

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1    report by the Department of Children and Family Services
2    pursuant to the Abused and Neglected Child Reporting Act,
3    and upon proof by clear and convincing evidence that the
4    licensee has caused a child to be an abused child or
5    neglected child as defined in the Abused and Neglected
6    Child Reporting Act.
7        (20) Physical or mental disability, including
8    deterioration through the aging process or loss of
9    abilities and skills which results in the inability to
10    practice the profession with reasonable judgment, skill,
11    or safety.
12        (21) Solicitation of professional services by using
13    false or misleading advertising.
14        (22) Failure to file a return, or to pay the tax,
15    penalty of interest shown in a filed return, or to pay any
16    final assessment of tax, penalty or interest, as required
17    by any tax Act administered by the Illinois Department of
18    Revenue or any successor agency or the Internal Revenue
19    Service or any successor agency.
20        (23) Fraud or making any misrepresentation in applying
21    for or procuring a license under this Act or in connection
22    with applying for renewal of a license under this Act. A
23    finding that licensure has been applied for or obtained by
24    fraudulent means.
25        (24) Practicing or attempting to practice under a name
26    other than the full name as shown on the license or any

 

 

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1    other legally authorized name.
2        (25) Gross overcharging for professional services,
3    including filing statements for collection of fees or
4    monies for which services are not rendered.
5        (26) Providing genetic counseling services to
6    individuals, couples, groups, or families without a
7    referral from either a physician licensed to practice
8    medicine in all its branches, an advanced practice nurse
9    who has a collaborative agreement with a collaborating
10    physician that authorizes the advanced practice nurse to
11    make referrals to a genetic counselor, or a physician
12    assistant who has been delegated authority to make
13    referrals to genetic counselors.
14        (27) Charging for professional services not rendered,
15    including filing false statements for the collection of
16    fees for which services are not rendered.
17        (28) Allowing one's license under this Act to be used
18    by an unlicensed person in violation of this Act.
19    (b) The Department shall deny, without hearing, any
20application or renewal for a license under this Act to any
21person who has defaulted on an educational loan guaranteed by
22the Illinois State Assistance Commission; however, the
23Department may issue a license or renewal if the person in
24default has established a satisfactory repayment record as
25determined by the Illinois Student Assistance Commission.
26    (c) The determination by a court that a licensee is subject

 

 

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1to involuntary admission or judicial admission as provided in
2the Mental Health and Developmental Disabilities Code will
3result in an automatic suspension of his or her license. The
4suspension will end upon a finding by a court that the licensee
5is no longer subject to involuntary admission or judicial
6admission, the issuance of an order so finding and discharging
7the patient, and the determination of the Secretary Director
8that the licensee be allowed to resume professional practice.
9    (d) The Department may refuse to issue or renew or may
10suspend without hearing the license of any person who fails to
11file a return, to pay the tax penalty or interest shown in a
12filed return, or to pay any final assessment of the tax,
13penalty, or interest as required by any Act regarding the
14payment of taxes administered by the Illinois Department of
15Revenue until the requirements of the Act are satisfied in
16accordance with subsection (g) of Section 2105-15 of the Civil
17Administrative Code of Illinois.
18    (e) In cases where the Department of Healthcare and Family
19Services has previously determined that a licensee or a
20potential licensee is more than 30 days delinquent in the
21payment of child support and has subsequently certified the
22delinquency to the Department, the Department may refuse to
23issue or renew or may revoke or suspend that person's license
24or may take other disciplinary action against that person based
25solely upon the certification of delinquency made by the
26Department of Healthcare and Family Services in accordance with

 

 

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1item (5) of subsection (a) of Section 2105-15 of the Department
2of Professional Regulation Law of the Civil Administrative Code
3of Illinois.
4    (f) All fines or costs imposed under this Section shall be
5paid within 60 days after the effective date of the order
6imposing the fine or costs or in accordance with the terms set
7forth in the order imposing the fine.
8(Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10;
997-813, eff. 7-13-12.)
 
10    (225 ILCS 135/100)
11    (Section scheduled to be repealed on January 1, 2015)
12    Sec. 100. Violations; injunction; cease and desist order.
13    (a) If any person violates the provisions of this Act, the
14Secretary Director may, in the name of the People of the State
15of Illinois, through the Attorney General of the State of
16Illinois or the State's Attorney of any county in which the
17violation is alleged to have occurred, petition for an order
18enjoining the violation or for an order enforcing compliance
19with this Act. Upon the filing of a verified petition, the
20court with appropriate jurisdiction may issue a temporary
21restraining order without notice or bond, and may preliminarily
22and permanently enjoin the violation. If it is established that
23the person has violated or is violating the injunction, the
24court may punish the offender for contempt of court.
25Proceedings under this Section are in addition to all other

 

 

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1remedies and penalties provided by this Act.
2    (b) If any person holds himself or herself out as being a
3licensed genetic counselor under this Act and is not licensed
4to do so, then any licensed genetic counselor, interested
5party, or any person injured thereby may petition for relief as
6provided in subsection (a) of this Section.
7    (c) Whenever, in the opinion of the Department, a person
8violates any provision of this Act, the Department may issue a
9rule to show cause why an order to cease and desist should not
10be entered against that person. The rule shall clearly set
11forth the grounds relied upon by the Department and shall allow
12at least 7 days from the date of the rule to file an answer
13satisfactory to the Department. Failure to answer to the
14satisfaction of the Department shall cause an order to cease
15and desist to be issued.
16(Source: P.A. 93-1041, eff. 9-29-04.)
 
17    (225 ILCS 135/105)
18    (Section scheduled to be repealed on January 1, 2015)
19    Sec. 105. Investigations; notice and hearing. The
20Department may investigate the actions of any applicant or any
21person holding or claiming to hold a license. The Department
22shall, before revoking, suspending, placing on probation,
23reprimanding, or taking any other disciplinary action under
24Section 95 of this Act, at least 30 days prior to the date set
25for the hearing, (i) notify the accused, in writing, of any

 

 

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1charges made and the time and place for the hearing on the
2charges, (ii) direct him or her to file a written answer to the
3charges with the Department under oath within 20 days after
4service of the notice, and (iii) inform the accused that, if he
5or she fails to answer, default will be taken against him or
6her or that his or her license or certificate may be suspended,
7revoked, placed on probationary status, or other disciplinary
8action taken with regard to the license, including limiting the
9scope, nature, or extent of his or her practice, as the
10Department may deem proper. In case the person, after receiving
11notice, fails to file an answer, his or her license may, in the
12discretion of the Department, be suspended, revoked, placed on
13probationary status, or the Department may take whatever
14disciplinary action considered deemed proper, including
15limiting the scope, nature, or extent of the person's practice
16or the imposition of a fine, without a hearing, if the act or
17acts charged constitute sufficient grounds for such action
18under this Act. The written notice may be served by personal
19delivery or certified mail to the licensee's address of record
20address specified by the accused in his or her last
21notification to the Department.
22(Source: P.A. 93-1041, eff. 9-29-04.)
 
23    (225 ILCS 135/110)
24    (Section scheduled to be repealed on January 1, 2015)
25    Sec. 110. Record of proceedings; transcript. The

 

 

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1Department, at its expense, shall preserve a record of all
2proceedings at the formal hearing of any case. The notice of
3hearing, complaint, all other documents in the nature of
4pleadings, written motions filed in the proceedings, the
5transcript of testimony, the report of the hearing officer and
6orders of the Department shall be in the record of such
7proceeding. The Department shall furnish a transcript of the
8record to any person interested in the hearing upon payment of
9the fee required under Section 2105-115 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois.
12(Source: P.A. 93-1041, eff. 9-29-04.)
 
13    (225 ILCS 135/115)
14    (Section scheduled to be repealed on January 1, 2015)
15    Sec. 115. Subpoenas; depositions; oaths. The Department
16may has the power to subpoena and to bring before it any person
17in this State and to take the oral or written testimony or
18compel the production of any books, papers, records, or any
19other documents that the Secretary or his or her designee deems
20relevant or material to any investigation or hearing conducted
21by the Department either orally or by deposition, or both, with
22the same fees and mileage and in the same manner as prescribed
23in civil cases in the courts of this State. The Secretary, the
24shorthand court reporter, Director and the designated hearing
25officer may has the power to administer oaths to witnesses at

 

 

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1any hearing which the Department conducts is authorized to
2conduct, and any other oaths authorized in any Act administered
3by the Department. Notwithstanding any other statute or
4Department rule to the contrary, all requests for testimony and
5for the production of documents or records shall be in
6accordance with this Act.
7(Source: P.A. 93-1041, eff. 9-29-04.)
 
8    (225 ILCS 135/120)
9    (Section scheduled to be repealed on January 1, 2015)
10    Sec. 120. Compelling testimony. Any court, upon
11application of the Department, designated hearing officer, or
12the applicant or licensee against whom proceedings under
13Section 95 of this Act are pending, may enter an order
14requiring the attendance and testimony of witnesses and their
15testimony and the production of relevant documents, papers,
16files, books, and records in connection with any hearing or
17investigation. The court may compel obedience to its order by
18proceedings for contempt.
19(Source: P.A. 93-1041, eff. 9-29-04.)
 
20    (225 ILCS 135/125)
21    (Section scheduled to be repealed on January 1, 2015)
22    Sec. 125. Findings and recommendations. At the conclusion
23of the hearing, the hearing officer shall present to the
24Secretary Director a written report of its findings of fact,

 

 

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1conclusions of law, and recommendations. The report shall
2contain a finding whether the licensee violated this Act or
3failed to comply with the conditions required in this Act. The
4hearing officer shall specify the nature of the violation or
5failure to comply, and shall make its recommendations to the
6Secretary Director. The report of findings of fact, conclusions
7of law, and recommendation of the hearing officer shall be the
8basis for the Department's order for refusing to issue,
9restore, or renew a license, or for otherwise disciplining a
10licensee refusal or for the granting of the license. If the
11Secretary Director disagrees with the recommendations of the
12hearing officer, the Secretary Director may issue an order in
13contravention of the hearing officer's recommendations. The
14finding is not admissible in evidence against the person in a
15criminal prosecution brought for the violation of this Act, but
16the hearing and findings are not a bar to a criminal
17prosecution brought for the violation of this Act.
18(Source: P.A. 93-1041, eff. 9-29-04.)
 
19    (225 ILCS 135/135)
20    (Section scheduled to be repealed on January 1, 2015)
21    Sec. 135. Secretary Director; rehearing. Whenever the
22Secretary Director believes justice has not been done in the
23revocation, suspension, or refusal to issue or renew a license
24or the discipline of a licensee, he or she may order a
25rehearing.

 

 

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1(Source: P.A. 93-1041, eff. 9-29-04.)
 
2    (225 ILCS 135/140)
3    (Section scheduled to be repealed on January 1, 2015)
4    Sec. 140. Appointment of a hearing officer. The Secretary
5Director has the authority to appoint any attorney licensed to
6practice law in the State of Illinois to serve as the hearing
7officer in any action for refusal to issue or renew a license
8or permit or to discipline a licensee. The hearing officer has
9full authority to conduct the hearing. The hearing officer
10shall report his findings of fact, conclusions of law, and
11recommendations to the Secretary Director.
12(Source: P.A. 93-1041, eff. 9-29-04.)
 
13    (225 ILCS 135/145)
14    (Section scheduled to be repealed on January 1, 2015)
15    Sec. 145. Order or certified copy; prima facie proof. An
16order or certified copy thereof, over the seal of the
17Department and purporting to be signed by the Secretary
18Director, is prima facie proof that:
19        (1) the signature is the genuine signature of the
20    Secretary Director; and
21        (2) the Secretary Director is duly appointed and
22    qualified.
23(Source: P.A. 93-1041, eff. 9-29-04.)
 

 

 

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1    (225 ILCS 135/150)
2    (Section scheduled to be repealed on January 1, 2015)
3    Sec. 150. Restoration of license from discipline suspended
4or revoked license. At any time after the successful completion
5of a term of indefinite probation, suspension, or revocation of
6a license, the Department may restore the license to active
7status, unless, after an investigation and a hearing, the
8Secretary determines that restoration is not in the public
9interest. No person whose license has been revoked as
10authorized in this Act may apply for restoration of that
11license until such time as provided for in the Civil
12Administrative Code of Illinois. At any time after the
13suspension or revocation of any license, the Department may
14restore it to the licensee, unless after an investigation and
15hearing the Director determines that restoration is not in the
16public interest.
17(Source: P.A. 93-1041, eff. 9-29-04.)
 
18    (225 ILCS 135/160)
19    (Section scheduled to be repealed on January 1, 2015)
20    Sec. 160. Summary suspension of license. The Secretary
21Director may summarily suspend the license of a genetic
22counselor without a hearing, simultaneously with the
23institution of proceedings for a hearing provided for in
24Section 105 of this Act, if the Secretary Director finds that
25the evidence in the possession of the Director indicates that

 

 

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1the continuation of practice by the genetic counselor would
2constitute an imminent danger to the public. In the event that
3the Secretary Director summarily suspends the license of an
4individual without a hearing, a hearing must be held within 30
5days after the suspension has occurred and shall be concluded
6as expeditiously as possible.
7(Source: P.A. 93-1041, eff. 9-29-04.)
 
8    (225 ILCS 135/170)
9    (Section scheduled to be repealed on January 1, 2015)
10    Sec. 170. Certification of record; costs. The Department
11shall not be required to certify any record to the court, to
12file an answer in court, or to otherwise appear in any court in
13a judicial review proceeding, unless and until the Department
14has received from the plaintiff there is filed in the court,
15with the complaint, a receipt from the Department acknowledging
16payment of the costs of furnishing and certifying the record,
17which costs shall be determined by the Department. Failure on
18the part of the plaintiff to file the receipt in court is
19grounds for dismissal of the action.
20(Source: P.A. 93-1041, eff. 9-29-04.)
 
21    (225 ILCS 135/180)
22    (Section scheduled to be repealed on January 1, 2015)
23    Sec. 180. Administrative Procedure Act; application. The
24Illinois Administrative Procedure Act is hereby expressly

 

 

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1adopted and incorporated in this Act as if all of the
2provisions of such Act were included in this Act, except that
3the provision of paragraph (d) of Section 10-65 of the Illinois
4Administrative Procedure Act, which provides that at hearings
5the license holder has the right to show compliance with all
6lawful requirements for retention, continuation, or renewal of
7the certificate, is specifically excluded. For the purpose of
8this Act the notice required under Section 10-25 of the
9Illinois Administrative Procedure Act is deemed sufficient
10when mailed to the last known address of a party or the address
11of record.
12(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
13    (225 ILCS 135/190 new)
14    Sec. 190. Confidentiality. All information collected by
15the Department in the course of an examination or investigation
16of a licensee or applicant, including, but not limited to, any
17complaint against a licensee filed with the Department and
18information collected to investigate any such complaint, shall
19be maintained for the confidential use of the Department and
20shall not be disclosed. The Department shall not disclose the
21information to anyone other than law enforcement officials,
22regulatory agencies that have an appropriate regulatory
23interest as determined by the Secretary, or a party presenting
24a lawful subpoena to the Department. Information and documents
25disclosed to a federal, State, county, or local law enforcement

 

 

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1agency shall not be disclosed by the agency for any purpose to
2any other agency or person. A formal complaint filed against a
3licensee or registrant by the Department or any other complaint
4issued by the Department against a licensee, registrant, or
5applicant shall be a public record, except as otherwise
6prohibited by law.