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Sen. Iris Y. Martinez
Filed: 4/2/2014
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1 | | AMENDMENT TO SENATE BILL 643
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2 | | AMENDMENT NO. ______. Amend Senate Bill 643 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Regulatory Sunset Act is amended by adding |
5 | | Section 4.35 as follows: |
6 | | (5 ILCS 80/4.35 new) |
7 | | Sec. 4.35. Act repealed on January 1, 2025. The following |
8 | | Act is repealed on January 1, 2025: |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 |
12 | | repealing Section 4.25. |
13 | | Section 15. The Genetic Counselor Licensing Act is amended |
14 | | by changing Sections 10, 20, 25, 45, 80, 95, 100, 105, 110, |
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1 | | 115, 120, 125, 135, 140, 145, 150, 160, 170, and 180 and by |
2 | | adding Section 190 as follows: |
3 | | (225 ILCS 135/10)
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4 | | (Section scheduled to be repealed on January 1, 2015) |
5 | | Sec. 10. Definitions. As used in this Act: |
6 | | "ABGC" means the American Board of Genetic Counseling. |
7 | | "ABMG" means the American Board of Medical Genetics. |
8 | | "Active candidate status" is awarded to applicants who have |
9 | | received approval from the ABGC or ABMG to sit for their |
10 | | respective certification examinations.
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11 | | "Address of record" means the designated address recorded |
12 | | by the Department in the applicant's or licensee's application |
13 | | file or license file as maintained by the Department's |
14 | | licensure maintenance unit. It is the duty of the applicant or |
15 | | licensee to inform the Department of any change of address, and |
16 | | those changes must be made either through the Department's |
17 | | website or by contacting the Department. |
18 | | "Department" means the Department of Financial and |
19 | | Professional Regulation. |
20 | | "Director" means the Director of Professional Regulation. |
21 | | "Genetic anomaly" means a variation in an individual's DNA |
22 | | that has been shown to confer a genetically influenced disease |
23 | | or predisposition to a genetically influenced disease or makes |
24 | | a person a carrier of such variation. A "carrier" of a genetic |
25 | | anomaly means a person who may or may not have a predisposition |
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1 | | or risk of incurring a genetically influenced condition and who |
2 | | is at risk of having offspring with a genetically influenced |
3 | | condition.
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4 | | "Genetic counseling" means the provision of services, |
5 | | which may include the ordering of genetic tests, pursuant to a |
6 | | referral, to individuals, couples, groups, families, and |
7 | | organizations by one or more appropriately trained individuals |
8 | | to address the physical and psychological issues associated |
9 | | with the occurrence or risk of occurrence or recurrence of a |
10 | | genetic disorder, birth defect, disease, or potentially |
11 | | inherited or genetically influenced condition in an individual |
12 | | or a family.
"Genetic counseling" consists of the following: |
13 | | (A) Estimating the likelihood of occurrence or |
14 | | recurrence of a birth defect or of any potentially |
15 | | inherited or genetically influenced condition. This |
16 | | assessment may involve: |
17 | | (i) obtaining and analyzing a complete health |
18 | | history of the person and his or her family; |
19 | | (ii) reviewing pertinent medical records; |
20 | | (iii) evaluating the risks from exposure to |
21 | | possible mutagens or teratogens; |
22 | | (iv) recommending genetic testing or other |
23 | | evaluations to diagnose a condition or determine the |
24 | | carrier status of one or more family members; |
25 | | (B) Helping the individual, family, health care |
26 | | provider, or health care professional
(i) appreciate the |
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1 | | medical, psychological and social implications of a |
2 | | disorder, including its features, variability, usual |
3 | | course and management options, (ii) learn how genetic |
4 | | factors contribute to the disorder and affect the chance |
5 | | for recurrence of the condition in other family members, |
6 | | and (iii) understand available options for coping with, |
7 | | preventing, or reducing the chance of
occurrence or |
8 | | recurrence of a condition.
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9 | | (C) Facilitating an individual's or family's
(i) |
10 | | exploration of the perception of risk and burden associated |
11 | | with the disorder and (ii) adjustment and adaptation to the |
12 | | condition or their genetic risk by addressing needs for
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13 | | psychological, social, and medical support.
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14 | | "Genetic counselor" means a person licensed under this Act |
15 | | to engage in the practice of genetic counseling. |
16 | | "Genetic testing" and "genetic test" mean a test or |
17 | | analysis of human genes, gene products, DNA, RNA, chromosomes, |
18 | | proteins, or metabolites that detects genotypes, mutations, |
19 | | chromosomal changes, abnormalities, or deficiencies, including |
20 | | carrier status, that (i) are linked to physical or mental |
21 | | disorders or impairments, (ii) indicate a susceptibility to |
22 | | illness, disease, impairment, or other disorders, whether |
23 | | physical or mental, or (iii) demonstrate genetic or chromosomal |
24 | | damage due to environmental factors. "Genetic testing" and |
25 | | "genetic tests" do not include routine physical measurements; |
26 | | chemical, blood and urine analyses that are widely accepted and |
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1 | | in use in clinical practice; tests for use of drugs; tests for |
2 | | the presence of the human immunodeficiency virus; analyses of |
3 | | proteins or metabolites that do not detect genotypes, |
4 | | mutations, chromosomal changes, abnormalities, or |
5 | | deficiencies; or analyses of proteins or metabolites that are |
6 | | directly related to a manifested disease, disorder, or |
7 | | pathological condition that could reasonably be detected by a |
8 | | health care professional with appropriate training and |
9 | | expertise in the field of medicine involved. |
10 | | "Person" means an individual, association, partnership, or |
11 | | corporation. |
12 | | "Qualified supervisor" means any person who is a licensed |
13 | | genetic counselor, as defined by rule, or a physician licensed |
14 | | to practice medicine in all its branches. A qualified |
15 | | supervisor may be provided at the applicant's place of work, or |
16 | | may be contracted by the applicant to provide supervision. The |
17 | | qualified supervisor shall file written documentation with
the |
18 | | Department of employment, discharge, or supervisory control of |
19 | | a genetic counselor at the time of employment, discharge, or |
20 | | assumption of supervision of a genetic counselor. |
21 | | "Referral" means a written or telecommunicated |
22 | | authorization for genetic counseling services from a physician |
23 | | licensed to practice medicine in all its branches, an advanced |
24 | | practice nurse who has a collaborative agreement with a |
25 | | collaborating physician that authorizes referrals to a genetic |
26 | | counselor, or a physician assistant who has a supervision |
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1 | | agreement with a supervising physician that authorizes |
2 | | referrals to a genetic counselor.
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3 | | "Secretary" means the Secretary of Financial and |
4 | | Professional Regulation. |
5 | | "Supervision" means review of aspects of genetic |
6 | | counseling and case management in a bimonthly meeting with the |
7 | | person under supervision.
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8 | | (Source: P.A. 96-1313, eff. 7-27-10.) |
9 | | (225 ILCS 135/20)
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10 | | (Section scheduled to be repealed on January 1, 2015) |
11 | | Sec. 20. Restrictions and limitations.
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12 | | (a) Except Beginning 12 months after the adoption of the |
13 | | final administrative rules, except as provided in Section 15, |
14 | | no person shall, without a valid license as a genetic counselor |
15 | | issued by the Department (i) in any manner hold himself or |
16 | | herself out to the public as a genetic counselor under this |
17 | | Act; (ii) use in connection with his or her name or place of |
18 | | business the title "genetic counselor", "licensed genetic |
19 | | counselor", "gene counselor", "genetic consultant", or |
20 | | "genetic associate" or any words, letters, abbreviations, or |
21 | | insignia indicating or implying a person has met the |
22 | | qualifications for or has the license issued under this Act; or |
23 | | (iii) offer to render or render to individuals, corporations, |
24 | | or the public genetic counseling services if the words "genetic |
25 | | counselor" or "licensed genetic counselor" are used to describe |
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1 | | the person offering to render or rendering them, or "genetic |
2 | | counseling" is used to describe the services rendered or |
3 | | offered to be rendered.
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4 | | (b) No Beginning 12 months after the adoption of the final |
5 | | administrative rules, no licensed genetic counselor may |
6 | | provide genetic counseling to individuals, couples, groups, or |
7 | | families without a referral from a physician licensed to |
8 | | practice medicine in all its branches, an advanced practice |
9 | | nurse who has a collaborative agreement with a collaborating |
10 | | physician that authorizes referrals to a genetic counselor, or |
11 | | a physician assistant who has been delegated authority to make |
12 | | referrals to genetic counselors. The physician, advanced |
13 | | practice nurse, or physician assistant shall maintain |
14 | | supervision of the patient and be provided timely written |
15 | | reports on the services, including genetic testing results, |
16 | | provided by the licensed genetic counselor. Genetic testing |
17 | | shall be ordered by a physician licensed to practice medicine |
18 | | in all its branches or a genetic counselor pursuant to a |
19 | | referral that gives the specific authority to order genetic |
20 | | tests. Genetic test results and reports shall be provided to |
21 | | the referring physician, advanced practice nurse, or physician |
22 | | assistant. General seminars or talks to groups or organizations |
23 | | on genetic counseling that do not include individual, couple, |
24 | | or family specific counseling may be conducted without a |
25 | | referral. In clinical settings, genetic counselors who serve as |
26 | | a liaison between family members of a patient and a genetic |
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1 | | research project, may, with the consent of the patient, provide |
2 | | information to family members for the purpose of gathering |
3 | | additional information, as it relates to the patient, without a |
4 | | referral. In non-clinical settings where no patient is being |
5 | | treated, genetic counselors who serve as a liaison between a |
6 | | genetic research project and participants in that genetic |
7 | | research project may provide information to the participants, |
8 | | without a referral.
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9 | | (c) No Beginning 12 months after the adoption of the final |
10 | | administrative rules, no association or partnership shall |
11 | | practice genetic counseling unless every member, partner, and |
12 | | employee of the association or partnership who practices |
13 | | genetic counseling or who renders genetic counseling services |
14 | | holds a valid license issued under this Act. No license shall |
15 | | be issued to a corporation, the stated purpose of which |
16 | | includes or which practices or which holds itself out as |
17 | | available to practice genetic counseling, unless it is |
18 | | organized under the Professional Service Corporation Act.
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19 | | (d) Nothing in this Act shall be construed as permitting |
20 | | persons licensed as genetic counselors to engage in any manner |
21 | | in the practice of medicine in all its branches as defined by |
22 | | law in this State.
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23 | | (e) Nothing in this Act shall be construed to authorize a |
24 | | licensed genetic counselor to diagnose, test (unless |
25 | | authorized in a referral), or treat any genetic or other |
26 | | disease or condition. |
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1 | | (f) When, in the course of providing genetic counseling |
2 | | services to any person, a genetic counselor licensed under this |
3 | | Act finds any indication of a disease or condition that in his |
4 | | or her professional judgment requires professional service |
5 | | outside the scope of practice as defined in this Act, he or she |
6 | | shall refer that person to a physician licensed to practice |
7 | | medicine in all of its branches.
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8 | | (Source: P.A. 96-1313, eff. 7-27-10.) |
9 | | (225 ILCS 135/25)
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10 | | (Section scheduled to be repealed on January 1, 2015) |
11 | | Sec. 25. Unlicensed practice; violation; civil penalty.
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12 | | (a) Any Beginning 12 months after the adoption of the final |
13 | | administrative rules, any person who practices, offers to |
14 | | practice, attempts to practice, or holds himself or herself out |
15 | | to practice as a genetic counselor without being licensed or |
16 | | exempt under this Act shall, in addition to any other penalty |
17 | | provided by law, pay a civil penalty to the Department in an |
18 | | amount not to exceed $10,000 $5,000 for each offense, as |
19 | | determined by the Department. Civil penalty shall be assessed |
20 | | by the Department after a hearing is held in accordance with |
21 | | the provisions set forth in this Act regarding the provision of |
22 | | a hearing for the discipline of a licensee. |
23 | | (b) The Department may investigate any actual, alleged, or |
24 | | suspected unlicensed activity.
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25 | | (c) The civil penalty shall be paid within 60 days after |
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1 | | the effective date of the order imposing the civil penalty. The |
2 | | order shall constitute a final judgment and may be filed and |
3 | | execution had thereon in the same manner as any judgment from |
4 | | any court of record.
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5 | | (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) |
6 | | (225 ILCS 135/45)
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7 | | (Section scheduled to be repealed on January 1, 2015) |
8 | | Sec. 45. Social Security Number on license application. In |
9 | | addition to any other information required to be contained in |
10 | | the application, every application for an original license |
11 | | under this Act shall include the applicant's Social Security |
12 | | Number, which shall be retained in the agency's records |
13 | | pertaining to the license. As soon as practical, the Department |
14 | | shall assign a customer's identification number to each |
15 | | applicant for a license. |
16 | | Every application for a renewal , reinstated, or restored |
17 | | license shall require the applicant's customer identification |
18 | | number.
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19 | | (Source: P.A. 97-400, eff. 1-1-12.) |
20 | | (225 ILCS 135/80)
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21 | | (Section scheduled to be repealed on January 1, 2015) |
22 | | Sec. 80. Checks or orders dishonored. Any person who issues |
23 | | or delivers a check or other order to the Department that is |
24 | | returned to the Department unpaid by the financial institution |
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1 | | upon which it is drawn shall pay to the Department, in addition |
2 | | to the amount already owed to the Department, a fine of $50. |
3 | | The fines imposed by this Section are in addition to any other |
4 | | discipline provided under this Act prohibiting unlicensed |
5 | | practice or practice on a nonrenewed license. The Department |
6 | | shall notify the person that payment of fees and fines shall be |
7 | | paid to the Department by certified check or money order within |
8 | | 30 calendar days after notification. If, after the expiration |
9 | | of 30 days from the date of the notification, the person has |
10 | | failed to submit the necessary remittance, the Department shall |
11 | | automatically terminate the license or certification or deny |
12 | | the application, without hearing. If, after termination or |
13 | | denial, the person seeks a license or certificate, he or she |
14 | | shall apply to the Department for restoration or issuance of |
15 | | the license or certificate and pay all fees and fines due to |
16 | | the Department. The Department may establish a fee for the |
17 | | processing of an application for restoration of a license to |
18 | | pay all costs and expenses of processing of this application. |
19 | | The Secretary Director may waive the fines due under this |
20 | | Section in individual cases where the Secretary Director finds |
21 | | that the fines would be unnecessarily burdensome.
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22 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
23 | | (225 ILCS 135/95)
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24 | | (Section scheduled to be repealed on January 1, 2015) |
25 | | Sec. 95. Grounds for discipline.
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1 | | (a) The Department may refuse to issue, renew, or may |
2 | | revoke, suspend, place on probation, reprimand, or take other |
3 | | disciplinary or non-disciplinary action as the Department |
4 | | deems appropriate, including the issuance of fines not to |
5 | | exceed $10,000 $1,000 for each violation, with regard to any |
6 | | license for any one or more of the following: |
7 | | (1) Material misstatement in furnishing information to |
8 | | the Department or to any other State agency.
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9 | | (2) Violations or negligent or intentional disregard |
10 | | of this Act, or any of its rules.
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11 | | (3) Conviction by plea of guilty or nolo contendere, |
12 | | finding of guilt, jury verdict, or entry of judgment or |
13 | | sentencing, including, but not limited to, convictions, |
14 | | preceding sentences of supervision, conditional discharge, |
15 | | or first offender probation, under the laws of any |
16 | | jurisdiction of the United States: (i) that is a felony or |
17 | | (ii) that is a misdemeanor, an essential element of which |
18 | | is dishonesty, or that is directly related to the practice |
19 | | of genetic counseling. Conviction of any crime under the |
20 | | laws of the United States or any state or territory thereof |
21 | | that is a felony, a misdemeanor, an essential element of |
22 | | which is dishonesty, or a crime that is directly related to |
23 | | the practice of the profession.
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24 | | (4) Making any misrepresentation for the purpose of |
25 | | obtaining a license, or violating any provision of this Act |
26 | | or its rules. |
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1 | | (5) Negligence Gross negligence in the rendering of |
2 | | genetic counseling services.
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3 | | (6) Failure to provide genetic testing results and any |
4 | | requested information to a referring physician licensed to |
5 | | practice medicine in all its branches, advanced practice |
6 | | nurse, or physician assistant.
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7 | | (7) Aiding or assisting another person in violating any |
8 | | provision of this Act or any rules.
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9 | | (8) Failing to provide information within 60 days in |
10 | | response to a written request made by the Department.
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11 | | (9) Engaging in dishonorable, unethical, or |
12 | | unprofessional conduct of a character likely to deceive, |
13 | | defraud, or harm the public and violating the rules of |
14 | | professional conduct adopted by the Department.
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15 | | (10) Failing to maintain the confidentiality of any |
16 | | information received from a client, unless otherwise |
17 | | authorized or required by law.
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18 | | (10.5) Failure to maintain client records of services |
19 | | provided and provide copies to clients upon request. |
20 | | (11) Exploiting a client for personal advantage, |
21 | | profit, or interest.
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22 | | (12) Habitual or excessive use or addiction to alcohol, |
23 | | narcotics, stimulants, or any other chemical agent or drug |
24 | | which results in inability to practice with reasonable |
25 | | skill, judgment, or safety.
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26 | | (13) Discipline by another governmental agency or unit |
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1 | | of government, by any jurisdiction of the United States, or |
2 | | by a foreign nation jurisdiction , if at least one of the |
3 | | grounds for the discipline is the same or substantially |
4 | | equivalent to those set forth in this Section.
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5 | | (14) Directly or indirectly giving to or receiving from |
6 | | any person, firm, corporation, partnership, or association |
7 | | any fee, commission, rebate, or other form of compensation |
8 | | for any professional service not actually rendered. |
9 | | Nothing in this paragraph (14) affects any bona fide |
10 | | independent contractor or employment arrangements among |
11 | | health care professionals, health facilities, health care |
12 | | providers, or other entities, except as otherwise |
13 | | prohibited by law. Any employment arrangements may include |
14 | | provisions for compensation, health insurance, pension, or |
15 | | other employment benefits for the provision of services |
16 | | within the scope of the licensee's practice under this Act. |
17 | | Nothing in this paragraph (14) shall be construed to |
18 | | require an employment arrangement to receive professional |
19 | | fees for services rendered. |
20 | | (15) A finding by the Department that the licensee, |
21 | | after having the license placed on probationary status has |
22 | | violated the terms of probation.
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23 | | (16) Failing to refer a client to other health care |
24 | | professionals when the licensee is unable or unwilling to |
25 | | adequately support or serve the client.
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26 | | (17) Willfully filing false reports relating to a |
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1 | | licensee's practice, including but not limited to false |
2 | | records filed with federal or State agencies or |
3 | | departments.
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4 | | (18) Willfully failing to report an instance of |
5 | | suspected child abuse or neglect as required by the Abused |
6 | | and Neglected Child Reporting Act.
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7 | | (19) Being named as a perpetrator in an indicated |
8 | | report by the Department of Children and Family Services |
9 | | pursuant to the Abused and Neglected Child Reporting Act, |
10 | | and upon proof by clear and convincing evidence that the |
11 | | licensee has caused a child to be an abused child or |
12 | | neglected child as defined in the Abused and Neglected |
13 | | Child Reporting Act.
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14 | | (20) Physical or mental disability, including |
15 | | deterioration through the aging process or loss of |
16 | | abilities and skills which results in the inability to |
17 | | practice the profession with reasonable judgment, skill, |
18 | | or safety.
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19 | | (21) Solicitation of professional services by using |
20 | | false or misleading advertising.
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21 | | (22) Failure to file a return, or to pay the tax, |
22 | | penalty of interest shown in a filed return, or to pay any |
23 | | final assessment of tax, penalty or interest, as required |
24 | | by any tax Act administered by the Illinois Department of |
25 | | Revenue or any successor agency or the Internal Revenue |
26 | | Service or any successor agency.
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1 | | (23) Fraud or making any misrepresentation in applying |
2 | | for or procuring a license under this Act or in connection |
3 | | with applying for renewal of a license under this Act. A |
4 | | finding that licensure has been applied for or obtained by |
5 | | fraudulent means.
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6 | | (24) Practicing or attempting to practice under a name |
7 | | other than the full name as shown on the license or any |
8 | | other legally authorized name.
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9 | | (25) Gross overcharging for professional services, |
10 | | including filing statements for collection of fees or |
11 | | monies for which services are not rendered.
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12 | | (26) Providing genetic counseling services to |
13 | | individuals, couples, groups, or families without a |
14 | | referral from either a physician licensed to practice |
15 | | medicine in all its branches, an advanced practice nurse |
16 | | who has a collaborative agreement with a collaborating |
17 | | physician that authorizes the advanced practice nurse to |
18 | | make referrals to a genetic counselor, or a physician |
19 | | assistant who has been delegated authority to make |
20 | | referrals to genetic counselors.
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21 | | (27) Charging for professional services not rendered, |
22 | | including filing false statements for the collection of |
23 | | fees for which services are not rendered. |
24 | | (28) Allowing one's license under this Act to be used |
25 | | by an unlicensed person in violation of this Act. |
26 | | (b) The Department shall deny, without hearing, any |
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1 | | application or renewal for a license under this Act to any |
2 | | person who has defaulted on an educational loan guaranteed by |
3 | | the Illinois State Assistance Commission; however, the |
4 | | Department may issue a license or renewal if the person in |
5 | | default has established a satisfactory repayment record as |
6 | | determined by the Illinois Student Assistance Commission.
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7 | | (c) The determination by a court that a licensee is subject |
8 | | to involuntary admission or judicial admission as provided in |
9 | | the Mental Health and Developmental Disabilities Code will |
10 | | result in an automatic suspension of his or her license. The |
11 | | suspension will end upon a finding by a court that the licensee |
12 | | is no longer subject to involuntary admission or judicial |
13 | | admission, the issuance of an order so finding and discharging |
14 | | the patient, and the determination of the Secretary Director |
15 | | that the licensee be allowed to resume professional practice. |
16 | | (d) The Department may refuse to issue or renew or may |
17 | | suspend without hearing the license of any person who fails to |
18 | | file a return, to pay the tax penalty or interest shown in a |
19 | | filed return, or to pay any final assessment of the tax, |
20 | | penalty, or interest as required by any Act regarding the |
21 | | payment of taxes administered by the Illinois Department of |
22 | | Revenue until the requirements of the Act are satisfied in |
23 | | accordance with subsection (g) of Section 2105-15 of the Civil |
24 | | Administrative Code of Illinois. |
25 | | (e) In cases where the Department of Healthcare and Family |
26 | | Services has previously determined that a licensee or a |
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1 | | potential licensee is more than 30 days delinquent in the |
2 | | payment of child support and has subsequently certified the |
3 | | delinquency to the Department, the Department may refuse to |
4 | | issue or renew or may revoke or suspend that person's license |
5 | | or may take other disciplinary action against that person based |
6 | | solely upon the certification of delinquency made by the |
7 | | Department of Healthcare and Family Services in accordance with |
8 | | item (5) of subsection (a) of Section 2105-15 of the Department |
9 | | of Professional Regulation Law of the Civil Administrative Code |
10 | | of Illinois. |
11 | | (f) All fines or costs imposed under this Section shall be |
12 | | paid within 60 days after the effective date of the order |
13 | | imposing the fine or costs or in accordance with the terms set |
14 | | forth in the order imposing the fine.
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15 | | (Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10; |
16 | | 97-813, eff. 7-13-12.) |
17 | | (225 ILCS 135/100)
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18 | | (Section scheduled to be repealed on January 1, 2015) |
19 | | Sec. 100. Violations; injunction; cease and desist order.
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20 | | (a) If any person violates the provisions of this Act, the |
21 | | Secretary Director may, in the name of the People of the State |
22 | | of Illinois, through the Attorney General of the State of |
23 | | Illinois or the State's Attorney of any county in which the |
24 | | violation is alleged to have occurred , petition for an order |
25 | | enjoining the violation or for an order enforcing compliance |
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1 | | with this Act. Upon the filing of a verified petition, the |
2 | | court with appropriate jurisdiction may issue a temporary |
3 | | restraining order without notice or bond, and may preliminarily |
4 | | and permanently enjoin the violation. If it is established that |
5 | | the person has violated or is violating the injunction, the |
6 | | court may punish the offender for contempt of court. |
7 | | Proceedings under this Section are in addition to all other |
8 | | remedies and penalties provided by this Act.
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9 | | (b) If any person holds himself or herself out as being a |
10 | | licensed genetic counselor under this Act and is not licensed |
11 | | to do so, then any licensed genetic counselor, interested |
12 | | party, or any person injured thereby may petition for relief as |
13 | | provided in subsection (a) of this Section.
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14 | | (c) Whenever, in the opinion of the Department, a person |
15 | | violates any provision of this Act, the Department may issue a |
16 | | rule to show cause why an order to cease and desist should not |
17 | | be entered against that person. The rule shall clearly set |
18 | | forth the grounds relied upon by the
Department and shall allow |
19 | | at least 7 days from the date of the rule to file an answer |
20 | | satisfactory to the Department. Failure to answer to the |
21 | | satisfaction of the Department shall cause an order to cease |
22 | | and desist to be issued.
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23 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
24 | | (225 ILCS 135/105)
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25 | | (Section scheduled to be repealed on January 1, 2015) |
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1 | | Sec. 105. Investigations; notice and hearing. The |
2 | | Department may investigate the actions of any applicant or any |
3 | | person holding or claiming to hold a license. The Department |
4 | | shall, before revoking, suspending, placing on probation, |
5 | | reprimanding, or taking any other disciplinary action under |
6 | | Section 95 of this Act, at least 30 days prior to the date set |
7 | | for the hearing, (i) notify the accused, in writing, of any |
8 | | charges made and the time and place for the hearing on the |
9 | | charges,
(ii) direct him or her to file a written answer to the |
10 | | charges with the Department under oath within 20 days after |
11 | | service of the notice, and (iii) inform the accused that, if he |
12 | | or she fails to answer, default will be taken against him or |
13 | | her or that his or her license or certificate may be suspended, |
14 | | revoked, placed on probationary status, or other disciplinary |
15 | | action taken with regard to the license, including limiting the |
16 | | scope, nature, or extent of his or her practice, as the |
17 | | Department may deem proper. In case the person, after receiving |
18 | | notice, fails to file an answer, his or her license may, in the |
19 | | discretion of the Department, be suspended, revoked, placed on |
20 | | probationary status, or the Department may take whatever |
21 | | disciplinary action considered deemed proper, including |
22 | | limiting the scope, nature, or extent of the person's practice |
23 | | or the imposition of a fine, without a hearing, if the act or |
24 | | acts charged constitute sufficient grounds for such action |
25 | | under this Act. The written notice may be served by personal |
26 | | delivery or certified mail to the licensee's address of record |
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1 | | address specified by the accused in his or her last |
2 | | notification to the Department .
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3 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
4 | | (225 ILCS 135/110)
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5 | | (Section scheduled to be repealed on January 1, 2015) |
6 | | Sec. 110. Record of proceedings; transcript. The |
7 | | Department, at its expense, shall preserve a record of all |
8 | | proceedings at the formal hearing of any case. The notice of |
9 | | hearing, complaint, all other documents in the nature of |
10 | | pleadings, written motions filed in the proceedings, the |
11 | | transcript of testimony, the report of the hearing officer and |
12 | | orders of the Department shall be in the record of such |
13 | | proceeding. The Department shall furnish a transcript of the |
14 | | record to any person interested in the hearing upon payment of |
15 | | the fee required under Section 2105-115 of the Department of |
16 | | Professional Regulation Law of the Civil Administrative Code of |
17 | | Illinois.
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18 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
19 | | (225 ILCS 135/115)
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20 | | (Section scheduled to be repealed on January 1, 2015) |
21 | | Sec. 115. Subpoenas; depositions; oaths. The Department |
22 | | may has the power to subpoena and to bring before it any person |
23 | | in this State and to take the oral or written testimony or |
24 | | compel the production of any books, papers, records, or any |
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1 | | other documents that the Secretary or his or her designee deems |
2 | | relevant or material to any investigation or hearing conducted |
3 | | by the Department either orally or by deposition, or both, with |
4 | | the same fees and mileage and in the same manner as prescribed |
5 | | in civil cases in the courts of this State. The Secretary, the |
6 | | shorthand court reporter, Director and the designated hearing |
7 | | officer may has the power to administer oaths to witnesses at |
8 | | any hearing which the Department conducts is authorized to |
9 | | conduct, and any other oaths authorized in any Act administered |
10 | | by the Department . Notwithstanding any other statute or |
11 | | Department rule to the contrary, all requests for testimony and |
12 | | for the production of documents or records shall be in |
13 | | accordance with this Act.
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14 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
15 | | (225 ILCS 135/120)
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16 | | (Section scheduled to be repealed on January 1, 2015) |
17 | | Sec. 120. Compelling testimony. Any court, upon |
18 | | application of the Department, designated hearing officer, or |
19 | | the applicant or licensee against whom proceedings under |
20 | | Section 95 of this Act are pending, may enter an order |
21 | | requiring the attendance and testimony of witnesses and their |
22 | | testimony and the production of relevant documents, papers, |
23 | | files, books, and records in connection with any hearing or |
24 | | investigation. The court may compel obedience to its order by |
25 | | proceedings for contempt.
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1 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
2 | | (225 ILCS 135/125)
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3 | | (Section scheduled to be repealed on January 1, 2015) |
4 | | Sec. 125. Findings and recommendations. At the conclusion |
5 | | of the hearing, the hearing officer shall present to the |
6 | | Secretary Director a written report of its findings of fact, |
7 | | conclusions of law, and recommendations. The report shall |
8 | | contain a finding whether the licensee violated this Act or |
9 | | failed to comply with the conditions required in this Act. The |
10 | | hearing officer shall specify the nature of the violation or |
11 | | failure to comply, and shall make its recommendations to the |
12 | | Secretary Director . The report of findings of fact, conclusions |
13 | | of law, and recommendation of the hearing officer shall be the |
14 | | basis for the Department's order for refusing to issue, |
15 | | restore, or renew a license, or for otherwise disciplining a |
16 | | licensee refusal or for the granting of the license . If the |
17 | | Secretary Director disagrees with the recommendations of the |
18 | | hearing officer, the Secretary Director may issue an order in |
19 | | contravention of the hearing officer's recommendations. The |
20 | | finding is not admissible in evidence against the person in a |
21 | | criminal prosecution brought for the violation of this Act, but |
22 | | the hearing and findings are not a bar to a criminal |
23 | | prosecution brought for the violation of this Act.
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24 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
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1 | | (225 ILCS 135/135)
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2 | | (Section scheduled to be repealed on January 1, 2015) |
3 | | Sec. 135. Secretary Director ; rehearing. Whenever the |
4 | | Secretary Director believes justice has not been done in the |
5 | | revocation, suspension, or refusal to issue or renew a license |
6 | | or the discipline of a licensee, he or she may order a |
7 | | rehearing.
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8 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
9 | | (225 ILCS 135/140)
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10 | | (Section scheduled to be repealed on January 1, 2015) |
11 | | Sec. 140. Appointment of a hearing officer. The Secretary |
12 | | Director has the authority to appoint any attorney licensed to |
13 | | practice law in the State of Illinois to serve as the hearing |
14 | | officer in any action for refusal to issue or renew a license |
15 | | or permit or to discipline a licensee. The hearing officer has |
16 | | full authority to conduct the hearing. The hearing officer |
17 | | shall report his findings of fact, conclusions of law, and |
18 | | recommendations to the Secretary Director .
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19 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
20 | | (225 ILCS 135/145)
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21 | | (Section scheduled to be repealed on January 1, 2015) |
22 | | Sec. 145. Order or certified copy; prima facie proof.
An |
23 | | order or certified copy thereof, over the seal of the |
24 | | Department and purporting to be signed by the Secretary |
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1 | | Director , is prima facie proof that:
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2 | | (1) the signature is the genuine signature of the |
3 | | Secretary Director ;
and |
4 | | (2) the Secretary Director is duly appointed and |
5 | | qualified.
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6 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
7 | | (225 ILCS 135/150)
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8 | | (Section scheduled to be repealed on January 1, 2015) |
9 | | Sec. 150. Restoration of license from discipline suspended |
10 | | or revoked license . At any time after the successful completion |
11 | | of a term of indefinite probation, suspension, or revocation of |
12 | | a license, the Department may restore the license to active |
13 | | status, unless, after an investigation and a hearing, the |
14 | | Secretary determines that restoration is not in the public |
15 | | interest. No person whose license has been revoked as |
16 | | authorized in this Act may apply for restoration of that |
17 | | license until such time as provided for in the Civil |
18 | | Administrative Code of Illinois. At any time after the |
19 | | suspension or revocation of any license, the Department may |
20 | | restore it to the licensee, unless after an investigation and |
21 | | hearing the Director determines that restoration is not in the |
22 | | public interest.
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23 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
24 | | (225 ILCS 135/160)
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1 | | (Section scheduled to be repealed on January 1, 2015) |
2 | | Sec. 160. Summary suspension of license. The Secretary |
3 | | Director may summarily suspend the license of a genetic |
4 | | counselor without a hearing, simultaneously with the |
5 | | institution of proceedings for a hearing provided for in |
6 | | Section 105 of this Act, if the Secretary Director finds that |
7 | | the evidence in the possession of the Director indicates that |
8 | | the continuation of practice by the genetic counselor would |
9 | | constitute an imminent danger to the public. In the event that |
10 | | the Secretary Director summarily suspends the license of an |
11 | | individual without a hearing, a hearing must be held within 30 |
12 | | days after the suspension has occurred and shall be concluded |
13 | | as expeditiously as possible .
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14 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
15 | | (225 ILCS 135/170)
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16 | | (Section scheduled to be repealed on January 1, 2015) |
17 | | Sec. 170. Certification of record; costs. The Department |
18 | | shall not be required to certify any record to the court, to |
19 | | file an answer in court, or to otherwise appear in any court in |
20 | | a judicial review proceeding, unless and until the Department |
21 | | has received from the plaintiff there is filed in the court, |
22 | | with the complaint, a receipt from the Department acknowledging |
23 | | payment of the costs of furnishing and certifying the record , |
24 | | which costs shall be determined by the Department . Failure on |
25 | | the part of the plaintiff to file the receipt in court is |
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1 | | grounds for dismissal of the action.
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2 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
3 | | (225 ILCS 135/180)
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4 | | (Section scheduled to be repealed on January 1, 2015) |
5 | | Sec. 180. Administrative Procedure Act; application. The |
6 | | Illinois Administrative Procedure Act is hereby expressly |
7 | | adopted and incorporated in this Act as if all of the |
8 | | provisions of such Act were included in this Act, except that |
9 | | the provision of paragraph (d) of Section 10-65 of the Illinois |
10 | | Administrative Procedure Act, which provides that at hearings |
11 | | the license holder has the right to show compliance with all |
12 | | lawful requirements for retention, continuation, or renewal of |
13 | | the certificate, is specifically excluded. For the purpose of |
14 | | this Act the notice required under Section 10-25 of the |
15 | | Illinois Administrative Procedure Act is deemed sufficient |
16 | | when mailed to the last known address of a party or the address |
17 | | of record .
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18 | | (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) |
19 | | (225 ILCS 135/190 new) |
20 | | Sec. 190. Confidentiality. All information collected by |
21 | | the Department in the course of an examination or investigation |
22 | | of a licensee or applicant, including, but not limited to, any |
23 | | complaint against a licensee filed with the Department and |
24 | | information collected to investigate any such complaint, shall |
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1 | | be maintained for the confidential use of the Department and |
2 | | shall not be disclosed. The Department shall not disclose the |
3 | | information to anyone other than law enforcement officials, |
4 | | regulatory agencies that have an appropriate regulatory |
5 | | interest as determined by the Secretary, or a party presenting |
6 | | a lawful subpoena to the Department. Information and documents |
7 | | disclosed to a federal, State, county, or local law enforcement |
8 | | agency shall not be disclosed by the agency for any purpose to |
9 | | any other agency or person. A formal complaint filed against a |
10 | | licensee or registrant by the Department or any other complaint |
11 | | issued by the Department against a licensee, registrant, or |
12 | | applicant shall be a public record, except as otherwise |
13 | | prohibited by law. ".
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