Public Act 094-0661
 
SB2012 Enrolled LRB094 07579 RAS 37748 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Genetic Counselor Licensing Act is amended
by changing Sections 10, 15, 20, 25, 30, 40, 50, 55, 60, 65,
75, 85, 95, and 180 and by adding Section 73 as follows:
 
    (225 ILCS 135/10)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 10. Definitions. As used in this Act:
    "ABGC" means the American Board of Genetic Counseling.
    "ABMG" means the American Board of Medical Genetics.
    "Active candidate status" is awarded to applicants who have
received approval from the ABGC or ABMG to sit for their
respective certification examinations.
    "Department" means the Department of Professional
Regulation.
    "Director" means the Director of Professional Regulation.
    "Genetic anomaly" means a variation in an individual's DNA
that has been shown to confer a genetically influenced disease
or predisposition to a genetically influenced disease or makes
a person a carrier of such variation. A "carrier" of a genetic
anomaly means a person who may or may not have a predisposition
or risk of incurring a genetically influenced condition and who
is at risk of having offspring with a genetically influenced
condition.
    "Genetic counseling" means the provision of services,
pursuant to a referral, to individuals, couples, groups,
families, and organizations by one or more appropriately
trained individuals to address the physical and psychological
issues associated with the occurrence or risk of occurrence or
recurrence of a genetic disorder, birth defect, disease, or
potentially inherited or genetically influenced condition in
an individual or a family. "Genetic counseling" consists of the
following:
        (A) Estimating the likelihood of occurrence or
    recurrence of a birth defect or of any potentially
    inherited or genetically influenced condition. This
    assessment may involve:
            (i) obtaining and analyzing a complete health
        history of the person and his or her family;
            (ii) reviewing pertinent medical records;
            (iii) evaluating the risks from exposure to
        possible mutagens or teratogens;
            (iv) recommending genetic testing or other
        evaluations to diagnose a condition or determine the
        carrier status of one or more family members;
        (B) Helping the individual, family, health care
    provider, or health care professional (i) appreciate the
    medical, psychological and social implications of a
    disorder, including its features, variability, usual
    course and management options, (ii) learn how genetic
    factors contribute to the disorder and affect the chance
    for recurrence of the condition in other family members,
    and (iii) understand available options for coping with,
    preventing, or reducing the chance of occurrence or
    recurrence of a condition.
        (C) Facilitating an individual's or family's (i)
    exploration of the perception of risk and burden associated
    with the disorder and (ii) adjustment and adaptation to the
    condition or their genetic risk by addressing needs for
    psychological, social, and medical support.
    "Genetic counselor" means a person licensed under this Act
to engage in the practice of genetic counseling.
    "Person" means an individual, association, partnership, or
corporation.
    "Qualified supervisor" means any person who is a licensed
genetic counselor, as defined by rule, or a physician licensed
to practice medicine in all its branches. A qualified
supervisor may be provided at the applicant's place of work, or
may be contracted by the applicant to provide supervision. The
qualified supervisor shall file written documentation with to
the Department of employment, discharge, or supervisory
control of a genetic counselor at the time of employment,
discharge, or assumption of supervision of a genetic counselor.
    "Referral" means a written or telecommunicated
authorization for genetic counseling services from a physician
licensed to practice medicine in all its branches, an advanced
practice nurse who has a collaborative agreement with a
collaborating physician that authorizes referrals to a genetic
counselor, or a physician assistant who has been delegated
authority to make referrals to genetic counselors.
    "Supervision" means review of aspects of genetic
counseling and case management in a bimonthly meeting with the
person under supervision.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/15)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 15. Exemptions.
    (a) This Act does not prohibit any persons legally
regulated in this State by any other Act from engaging in the
practice for which they are authorized as long as they do not
represent themselves by the title of "genetic counselor" or
"licensed genetic counselor". This Act does not prohibit the
practice of nonregulated professions whose practitioners are
engaged in the delivery of human services as long as these
practitioners do not represent themselves as or use the title
of "genetic counselor" or "licensed genetic counselor".
    (b) Nothing in this Act shall be construed to limit the
activities and services of (i) a student, intern, resident, or
fellow in genetic counseling or genetics seeking to fulfill
educational requirements in order to qualify for a license
under this Act if these activities and services constitute a
part of the student's supervised course of study or (ii) an
individual seeking to fulfill the post-degree experience
requirements in order to qualify for licensing under this Act,
as long as the activities and services are supervised by a
qualified supervisor. A student, intern, resident, or fellow
must be designated by the title "intern", "resident", "fellow",
or any other designation of trainee status. Nothing contained
in this subsection shall be construed to permit students,
interns, residents, or fellows to offer their services as
genetic counselors or geneticists to any other person and to
accept remuneration for such genetic counseling services,
except as specifically provided in this subsection or
subsection (c).
    (c) Corporations, partnerships, and associations may
employ students, interns, or post-degree candidates seeking to
fulfill educational requirements or the professional
experience requirements needed to qualify for a license under
this Act if their activities and services constitute a part of
the student's supervised course of study or post-degree
professional experience requirements. Nothing in this
subsection shall prohibit a corporation, partnership, or
association from contracting with a licensed health care
professional to provide services that they are licensed to
provide.
    (d) Nothing in this Act shall prevent the employment, by a
genetic counselor, person, association, partnership, or
corporation furnishing genetic counseling services for
remuneration, of persons not licensed as genetic counselors
under this Act to perform services in various capacities as
needed, if these persons are not in any manner held out to the
public or do not hold themselves out to the public by any title
or designation stating or implying that they are genetic
counselors.
    (e) Nothing in this Act shall be construed to limit the
services of a person, not licensed under the provisions of this
Act, in the employ of a federal, State, county, or municipal
agency or other political subdivision or not-for-profit
corporation providing human services if (i) the services are a
part of the duties in his or her salaried position, (ii) the
services are performed solely on behalf of his or her employer,
and (iii) that person does not in any manner represent himself
or herself as or use the title of "genetic counselor" or
"licensed genetic counselor".
    (f) Duly recognized members of any religious organization
shall not be restricted from functioning in their ministerial
capacity provided they do not represent themselves as being
genetic counselors or as providing genetic counseling.
    (g) Nothing in this Act shall be construed to require or
prohibit any hospital, clinic, home health agency, hospice, or
other entity that provides health care to employ or to contract
with a person licensed under this Act to provide genetic
counseling services.
    (h) Nothing in this Act shall be construed to prevent any
licensed social worker, licensed clinical social worker,
licensed clinical psychologist, licensed professional
counselor, or licensed clinical professional counselor from
practicing professional counseling as long as that person is
not in any manner held out to the public as a "genetic
counselor" or "licensed genetic counselor" or does not hold out
his or her services as being genetic counseling.
    (i) Nothing in this Act shall be construed to limit the
practice of a person not licensed under this Act who is a
physician licensed to practice medicine in all of its branches
under the Medical Practice Act of 1987 or intern, fellow, or
resident from using the title "genetic counselor" or any other
title tending to indicate they are a genetic counselor.
    (j) Nothing in the Act shall prohibit a visiting ABGC or
ABMG certified genetic counselor from outside the State working
as a consultant, or organizations from outside the State
employing ABGC or ABMG certified genetic counselors providing
occasional services, who are not licensed under this Act, from
engaging in the practice of genetic counseling subject to the
stated circumstances and limitations defined by rule.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/20)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 20. Restrictions and limitations.
    (a) Beginning 12 months after the adoption of the final
administrative rules on January 1, 2006, except as provided in
Section 15, no person shall, without a valid license as a
genetic counselor issued by the Department (i) in any manner
hold himself or herself out to the public as a genetic
counselor under this Act; (ii) use in connection with his or
her name or place of business the title "genetic counselor",
"licensed genetic counselor", "gene counselor", "genetic
consultant", or "genetic associate" or any words, letters,
abbreviations, or insignia indicating or implying a person has
met the qualifications for or has the license issued under this
Act; or (iii) offer to render or render to individuals,
corporations, or the public genetic counseling services if the
words "genetic counselor" or "licensed genetic counselor" are
used to describe the person offering to render or rendering
them, or "genetic counseling" is used to describe the services
rendered or offered to be rendered.
    (b) Beginning 12 months after the adoption of the final
administrative rules on January 1, 2006, no licensed genetic
counselor may provide genetic counseling to individuals,
couples, groups, or families without a written referral from a
physician licensed to practice medicine in all its branches, an
advanced practice nurse who has a collaborative agreement with
a collaborating physician that authorizes referrals to a
genetic counselor, or a physician assistant who has been
delegated authority to make referrals to genetic counselors.
The physician, advanced practice nurse, or physician assistant
shall maintain supervision of the patient and be provided
written reports on the services provided by the licensed
genetic counselor. Genetic testing shall be ordered by a
physician licensed to practice medicine in all its branches.
Genetic test reports shall be provided to the referring
physician, advanced practice nurse, or physician assistant.
General seminars or talks to groups or organizations on genetic
counseling that do not include individual, couple, or family
specific counseling may be conducted without a referral. In
clinical settings, genetic counselors who serve as a liaison
between family members of a patient and a genetic research
project, may, with the consent of the patient, provide
information to family members for the purpose of gathering
additional information, as it relates to the patient, without a
referral. In non-clinical settings where no patient is being
treated, genetic counselors who serve as a liaison between a
genetic research project and participants in that genetic
research project may provide information to the participants,
without a referral.
    (c) Beginning 12 months after the adoption of the final
administrative rules on January 1, 2006, no association or
partnership shall practice genetic counseling unless every
member, partner, and employee of the association or partnership
who practices genetic counseling or who renders genetic
counseling services holds a valid license issued under this
Act. No license shall be issued to a corporation, the stated
purpose of which includes or which practices or which holds
itself out as available to practice genetic counseling, unless
it is organized under the Professional Service Corporation Act.
    (d) Nothing in this Act shall be construed as permitting
persons licensed as genetic counselors to engage in any manner
in the practice of medicine in all its branches as defined by
law in this State.
    (e) Nothing in this Act shall be construed to authorize a
licensed genetic counselor to diagnose, test, or treat any
genetic or other disease or condition.
    (f) When, in the course of providing genetic counseling
services to any person, a genetic counselor licensed under this
Act finds any indication of a disease or condition that in his
or her professional judgment requires professional service
outside the scope of practice as defined in this Act, he or she
shall refer that person to a physician licensed to practice
medicine in all of its branches.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/25)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 25. Unlicensed practice; violation; civil penalty.
    (a) Beginning 12 months after the adoption of the final
administrative rules on January 1, 2006, any person who
practices, offers to practice, attempts to practice, or holds
himself or herself out to practice as a genetic counselor
without being licensed or exempt under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $5,000 for
each offense, as determined by the Department. Civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
    (b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a final judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/30)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 30. Powers and duties of the Department. Subject to
the provisions of this Act, the Department may:
    (a) authorize examinations to ascertain the qualifications
and fitness of applicants for licensing as genetic counselors
and pass upon the qualifications of applicants for licensure by
endorsement;
    (b) conduct hearings on proceedings to refuse to issue or
renew or to revoke licenses or suspend, place on probation,
censure, or reprimand persons licensed under this Act, and to
refuse to issue or renew or to revoke licenses, or suspend,
place on probation, censure, or reprimand persons licensed
under this Act;
    (c) adopt rules necessary for the administration of this
Act; and
    (d) maintain rosters of the names and addresses of all
licensees and all persons whose licenses have been suspended,
revoked, or denied renewal for cause within the previous
calendar year. These rosters shall be available upon written
request and payment of the required fee.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/40)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 40. Application for original license. Applications
for original licenses shall be made to the Department on forms
prescribed by the Department and accompanied by the required
fee, which is not refundable. All applications shall contain
such information that, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for a license to practice as a genetic counselor.
    If an applicant fails to obtain a license under this Act
within 3 years after filing his or her application, the
application shall be denied. The applicant may make a new
application, which shall be accompanied by the required
nonrefundable fee. The applicant shall be required to meet the
qualifications required for licensure at the time of
reapplication.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/50)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 50. Examination; failure or refusal to take
examination.
    (a) Applicants for genetic counseling licensure must
provide evidence that they have successfully completed the
certification examination provided by the ABGC or ABMG, if they
are master's degree trained genetic counselors, or the ABMG, if
they are PhD trained medical geneticists; or successfully
completed the examination provided by the successor agencies of
the ABGC or ABMG. The examinations shall be of a character to
fairly test the competence and qualifications of the applicants
to practice genetic counseling.
     (b) (Blank). If an applicant neglects, fails, or refuses
to take an examination or fails to pass an examination for a
license under this Act within 2 exam cycles after receiving a
temporary license, the application will be denied. However,
such applicant may thereafter make a new application for
license only if the applicant provides documentation of passing
the certification examination offered through the ABGC or ABMG
or their successor agencies and satisfies the requirements then
in existence for a license.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/55)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 55. Qualifications for licensure. A person shall be
qualified for licensure as a genetic counselor and the
Department may shall issue a license if that person:
        (1) has applied in writing in form and substance
    satisfactory to the Department; is at least 21 years of
    age;
        (2) has not engaged in conduct or activities which
    would constitute grounds for discipline under this Act;
        (3) (i) has successfully completed a Master's degree in
    genetic counseling from an ABGC or ABMG accredited training
    program or an equivalent program approved by the ABGC or
    the ABMG or (ii) is a physician licensed to practice
    medicine in all its branches or (iii) has a doctoral degree
    and has successfully completed an ABMG accredited medical
    genetics training program or an equivalent program
    approved by the ABMG has not violated any of the provisions
    of Sections 20 or 25 of this Act or the rules promulgated
    thereunder. The Department may take into consideration any
    felony conviction of the applicant but such conviction
    shall not operate as an absolute bar to licensure;
        (4) has successfully completed an examination provided
    by the ABGC or its successor, the ABMG or its successor, or
    a substantially equivalent examination approved by the
    Department; provided documentation of the successful
    completion of the certification examination and current
    certification provided by the American Board of Genetic
    Counseling or the American Board of Medical Genetics, or
    their successor agencies; and
        (5) has paid the fees required by rule; this Act.
        (6) has met the requirements for certification set
    forth by the ABGC or its successor or the ABMG or its
    successor; and
        (7) has met any other requirements established by rule.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/60)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 60. Temporary licensure. A temporary license may be
issued to an individual who has made application to the
Department, has submitted evidence to the Department of
admission to the certifying examination administered by the
ABGC or the ABMG or either of its successor agencies, has met
all of the requirements for licensure in accordance with
Section 55 of this Act, except the examination requirement of
item (4) of Section 55 of this Act, and has met any other
condition established by rule. The holder of a temporary
license shall practice only under the supervision of a
qualified supervisor.
    (a) A person shall be qualified for temporary licensure as
a genetic counselor and the Department shall issue a temporary
license if that person:
        (1) has successfully completed a Master's degree in
    genetic counseling from an ABGC or ABMG accredited training
    program or its equivalent as established by the ABGC or is
    a physician or has a doctoral degree and has successfully
    completed an ABMG accredited medical genetics training
    program or its equivalent as established by the ABMG;
        (2) has submitted evidence to the Department of active
    candidate status for the certifying examination
    administered by the ABGC or the ABMG or their successor
    agencies; and
        (3) has made application to the Department and paid the
    required fees.
    (b) A temporary license shall allow the applicant to
practice under the supervision of a qualified supervisor until
he or she receives certification from the ABGC or the ABMG or
their successor agencies or 2 exam cycles have elapsed,
whichever comes first.
    (c) Under no circumstances shall an applicant continue to
practice on the temporary license for more than 30 days after
notification that he or she has not passed the examination
within 2 exam cycles after receiving the temporary license.
However, the applicant may thereafter make a new application to
the Department for a license satisfying the requirements then
in existence for a license.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/65)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 65. Licenses; renewal; restoration; person in
military service; inactive status.
    (a) The expiration date and renewal period for each license
issued under this Act shall be set by rule. As a condition of
renewal of a license, a licensee must complete continuing
education requirements established by rule of the Department
The licensee may renew a license during the 30-day period
preceding its expiration date by paying the required fee and
demonstrating compliance with continuing education
requirements established by rule.
    (b) Any person who has permitted a license to expire or who
has a license on inactive status may have it restored by
submitting an application to the Department and filing proof of
fitness, as defined by rule, to have the license restored,
including, if appropriate, evidence which is satisfactory to
the Department certifying the active practice of genetic
counseling in another jurisdiction, and by paying the required
fee.
    (c) If the person has not maintained an active practice in
another jurisdiction that is satisfactory to the Department,
the Department shall determine the person's fitness to resume
active status. The Department may also require the person to
complete a specific period of evaluated genetic counseling work
experience under the supervision of a qualified clinical
supervisor and may require demonstration of completion of
continuing education requirements.
    (d) Any person whose license expired while on active duty
with the armed forces of the United States, while called into
service or training with the State Militia, or while in
training or education under the supervision of the United
States government prior to induction into military service may
have his license restored without paying any renewal fees if,
within 2 years after the termination of such service, training,
or education, except under conditions other than honorable, the
Department is furnished with satisfactory evidence that the
person has been so engaged and that such service, training, or
education has been so terminated.
    (e) A license to practice shall not be denied any applicant
because of the applicant's race, religion, creed, national
origin, political beliefs or activities, age, sex, or physical
impairment.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/73 new)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 73. Inactive status. A person who notifies the
Department in writing on forms prescribed by the Department may
elect to place his or her license on inactive status and shall,
subject to rule of the Department, be excused from payment of
renewal fees until he or she notifies the Department, in
writing, of his or her desire to resume active status.
    A person requesting restoration from inactive status shall
be required to pay the current renewal fee and shall be
required to restore his or her license, pursuant to Section 65
of this Act.
    Practice by an individual whose license is on inactive
status shall be considered to be the unlicensed practice of
genetic counseling and shall be grounds for discipline under
this Act.
 
    (225 ILCS 135/75)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 75. Fees; deposit of fees. The Department shall, by
rule, establish a schedule of fees for the administration and
enforcement of this Act. These fees shall be nonrefundable.
    All of the fees and fines collected under this Act shall be
deposited into the General Professions Dedicated Fund. The
moneys deposited into the General Professions Dedicated Fund
shall be used by the Department, as appropriate, for the
ordinary and contingent expenses of the Department. Moneys in
the General Professions Dedicated Fund may be invested and
reinvested, with all earnings received from these investments
being deposited into that Fund and used for the same purposes
as the fees and fines deposited in that Fund.
The fees imposed under this Act shall be set by rule and are
not refundable. All of the fees collected under this Act shall
be deposited into the General Professions Dedicated Fund.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/85)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 85. Endorsement. The Department may issue a license as
a genetic counselor, without administering the required
examination, to an applicant currently licensed under the laws
of another state, a U.S. territory, or another country if the
requirements for licensure in that state, U.S. territory, or
country are, on the date of licensure, substantially equal to
the requirements of this Act or to a person who, at the time of
his or her application for licensure, possesses individual
qualifications that are substantially equivalent to the
requirements of this Act. An applicant under this Section shall
pay all of the required fees.
    An applicant shall have 3 years from the date of
application to complete the application process. If the process
has not been completed within the 3-year time period, the
application shall be denied, the fee shall be forfeited, and
the applicant shall be required to reapply and meet the
requirements in effect at the time of reapplication or United
States jurisdiction whose standards, in the opinion of the
Department, were substantially equivalent at the date of his or
her licensure in the other jurisdiction to the requirements of
this Act. Such an applicant shall pay all of the required fees.
Applicants have 6 months from the date of application to
complete the application process. If the process has not been
completed within 6 months, the application shall be denied, the
fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/95)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 95. Grounds for discipline.
    (a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department deems appropriate,
including the issuance of fines not to exceed $1,000 for each
violation, with regard to any license for any one or more of
the following:
        (1) Material misstatement in furnishing information to
    the Department or to any other State agency.
        (2) Violations or negligent or intentional disregard
    of this Act, or any of its rules.
        (3) Conviction of any crime under the laws of the
    United States or any state or territory thereof that is a
    felony, a misdemeanor, an essential element of which is
    dishonesty, or a crime that is directly related to the
    practice of the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this Act
    or its rules.
        (5) Professional incompetence or gross negligence in
    the rendering of genetic counseling services.
        (6) Gross or repeated negligence.
        (7) Aiding or assisting another person in violating any
    provision of this Act or any rules.
        (8) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public and violating the rules of
    professional conduct adopted by the Department.
        (10) Failing to maintain the confidentiality of any
    information received from a client, unless otherwise
    authorized or required by law.
        (11) Exploiting a client for personal advantage,
    profit, or interest.
        (12) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    which results in inability to practice with reasonable
    skill, judgment, or safety.
        (13) Discipline by another jurisdiction, if at least
    one of the grounds for the discipline is the same or
    substantially equivalent to those set forth in this
    Section.
        (14) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional service not actually rendered.
        (15) A finding by the Department that the licensee,
    after having the license placed on probationary status has
    violated the terms of probation.
        (16) Failing to refer a client to other health care
    professionals when the licensee is unable or unwilling to
    adequately support or serve the client.
        (17) Willfully filing false reports relating to a
    licensee's practice, including but not limited to false
    records filed with federal or State agencies or
    departments.
        (18) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (19) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    pursuant to the Abused and Neglected Child Reporting Act,
    and upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (20) Physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills which results in the inability to
    practice the profession with reasonable judgment, skill,
    or safety.
        (21) Solicitation of professional services by using
    false or misleading advertising.
        (22) Failure to file a return, or to pay the tax,
    penalty of interest shown in a filed return, or to pay any
    final assessment of tax, penalty or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue or any successor agency or the Internal Revenue
    Service or any successor agency.
        (23) A finding that licensure has been applied for or
    obtained by fraudulent means.
        (24) Practicing or attempting to practice under a name
    other than the full name as shown on the license or any
    other legally authorized name.
        (25) Gross overcharging for professional services,
    including filing statements for collection of fees or
    monies for which services are not rendered.
        (26) Providing genetic counseling services to
    individuals, couples, groups, or families without a
    referral from either a physician licensed to practice
    medicine in all its branches, an advanced practice nurse
    who has a collaborative agreement with a collaborating
    physician that authorizes the advanced practice nurse to
    make referrals to a genetic counselor, or a physician
    assistant who has been delegated authority to make
    referrals to genetic counselors.
    (b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois State Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
    (c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the determination of the Director that the
licensee be allowed to resume professional practice.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/180)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 180. Administrative Procedure Act; application. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated in this Act as if all of the
provisions of such Act were included in this Act, except that
the provision of paragraph (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearings
the license holder has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
the certificate, is specifically excluded. For the purpose of
this Act the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of a party.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/70 rep.)
    Section 90. The Genetic Counselor Licensing Act is amended
by repealing Section 70.