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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Genetic Counselor Licensing Act. | ||||||||||||||||||||||||||
6 | Section 5. Declaration of public policy. The mapping of | ||||||||||||||||||||||||||
7 | the human genome continues to result in the rapid expansion of | ||||||||||||||||||||||||||
8 | genetic knowledge and a proliferation of testing for genetic | ||||||||||||||||||||||||||
9 | conditions. This has created a need for qualified medical | ||||||||||||||||||||||||||
10 | genetics professionals, including genetic counselors, to | ||||||||||||||||||||||||||
11 | coordinate an assessment that may include genetic testing, to | ||||||||||||||||||||||||||
12 | deliver accurate information to families, to assist the | ||||||||||||||||||||||||||
13 | families in adjusting to the implications of their diagnoses, | ||||||||||||||||||||||||||
14 | and to help ensure that genetic information is used | ||||||||||||||||||||||||||
15 | appropriately in the delivery of medical care. Therefore, the | ||||||||||||||||||||||||||
16 | practice of genetic counseling is declared to affect the public | ||||||||||||||||||||||||||
17 | health, safety, and welfare and to be subject to regulation in | ||||||||||||||||||||||||||
18 | the public interest. The purpose of the Act is to protect and | ||||||||||||||||||||||||||
19 | benefit the public by setting standards of qualifications, | ||||||||||||||||||||||||||
20 | education, training, and experience for those who seek to | ||||||||||||||||||||||||||
21 | obtain a license and hold the title of genetic counselor, to | ||||||||||||||||||||||||||
22 | promote high standards of professional performance for those | ||||||||||||||||||||||||||
23 | licensed to practice genetic counseling in the State of | ||||||||||||||||||||||||||
24 | Illinois, and to protect the public from unprofessional conduct | ||||||||||||||||||||||||||
25 | by persons licensed to practice genetic counseling. | ||||||||||||||||||||||||||
26 | Section 10. Definitions. As used in this Act: | ||||||||||||||||||||||||||
27 | "ABGC" means the American Board of Genetic Counseling. | ||||||||||||||||||||||||||
28 | "ABMG" means the American Board of Medical Genetics. | ||||||||||||||||||||||||||
29 | "Active candidate status" is awarded to applicants who have | ||||||||||||||||||||||||||
30 | received approval from the ABGC or ABMG to sit for their | ||||||||||||||||||||||||||
31 | respective certification examinations.
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1 | "Board" means the Genetic Counselor Licensing and | ||||||
2 | Disciplinary Board. | ||||||
3 | "Department" means the Department of Professional | ||||||
4 | Regulation. | ||||||
5 | "Director" means the Director of Professional Regulation. | ||||||
6 | "Genetic anomaly" means a variation in an individual's DNA | ||||||
7 | that has been shown to confer a genetically influenced disease | ||||||
8 | or predisposition to a genetically influenced disease or makes | ||||||
9 | a person a carrier of such variation. A "carrier" of a genetic | ||||||
10 | anomaly means a person who may or may not have a predisposition | ||||||
11 | or risk of incurring a genetically influenced condition and who | ||||||
12 | is at risk of having offspring with a genetically influenced | ||||||
13 | condition.
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14 | "Genetic counseling" means the provision of services to | ||||||
15 | individuals, couples, groups, families, and organizations by | ||||||
16 | one or more appropriately trained individuals to address the | ||||||
17 | physical and psychological issues associated with the | ||||||
18 | occurrence or risk of occurrence or recurrence of a genetic | ||||||
19 | disorder, birth defect, disease, or potentially inherited or | ||||||
20 | genetically influenced condition in an individual or a family.
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21 | "Genetic counseling" includes, but is not limited to, the | ||||||
22 | following: | ||||||
23 | (A) Estimating the likelihood of occurrence or | ||||||
24 | recurrence of a birth defect or of any potentially | ||||||
25 | inherited or genetically influenced condition. This | ||||||
26 | assessment may involve: | ||||||
27 | (i) obtaining and analyzing a complete health | ||||||
28 | history of the person and his or her family; | ||||||
29 | (ii) reviewing pertinent medical records; | ||||||
30 | (iii) evaluating the risks from exposure to | ||||||
31 | possible mutagens or teratogens; | ||||||
32 | (iv) recommending genetic testing or other | ||||||
33 | evaluations to diagnose a condition or determine the | ||||||
34 | carrier status of one or more family members; | ||||||
35 | (B) Helping the individual, family, health care | ||||||
36 | provider, or public
(i) appreciate the medical, |
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1 | psychological and social implications of a disorder, | ||||||
2 | including its features, variability, usual course and | ||||||
3 | management options, (ii) learn how genetic factors | ||||||
4 | contribute to the disorder and affect the chance for | ||||||
5 | recurrence of the condition in other family members, (iii) | ||||||
6 | understand available options for coping with, preventing, | ||||||
7 | or reducing the chance of
occurrence or recurrence of a | ||||||
8 | condition, (iv) select the most appropriate, accurate, and | ||||||
9 | cost-effective methods of diagnosis, and (v) understand | ||||||
10 | genetic or prenatal tests, coordinate testing for | ||||||
11 | inherited disorders, and
interpret complex genetic test | ||||||
12 | results.
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13 | (C) Facilitating an individual's or family's
(i) | ||||||
14 | exploration of the perception of risk and burden associated | ||||||
15 | with the disorder, (ii) decision-making regarding testing | ||||||
16 | or medical interventions consistent with their beliefs, | ||||||
17 | goals, needs, resources, culture, and ethical and moral | ||||||
18 | views, and (iii) adjustment and adaptation to the condition | ||||||
19 | or their genetic risk by addressing needs for
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20 | psychological, social, and medical support.
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21 | "Genetic counselor" means a person licensed under this Act | ||||||
22 | to engage in the practice of genetic counseling. | ||||||
23 | "Genetic test" is a test of a person's genes, gene | ||||||
24 | products, or chromosomes for abnormalities or deficiencies, | ||||||
25 | including carrier status, that are linked to physical or mental | ||||||
26 | disorders or impairments, indicate a susceptibility to | ||||||
27 | illness, disease, impairment, or other disorders, whether | ||||||
28 | physical or mental, or demonstrate genetic or chromosomal | ||||||
29 | damage due to environmental factors. "Genetic testing" does not | ||||||
30 | include routine physical measurements; chemical, blood, and | ||||||
31 | urine analyses that are widely accepted and in use in clinical | ||||||
32 | practice; tests for use of drugs; and tests for the presence of | ||||||
33 | the human immunodeficiency virus. | ||||||
34 | "Independent private practice of genetic counseling" means | ||||||
35 | the application of genetic counseling knowledge and skills by a | ||||||
36 | licensed genetic counselor who (i) regulates and is responsible |
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1 | for her or his own practice and (ii) is self-employed or works | ||||||
2 | in a group practice or setting not qualified under Internal | ||||||
3 | Revenue Service regulations as a not-for-profit business.
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4 | "Person" means an individual, association, partnership, or | ||||||
5 | corporation. | ||||||
6 | "Qualified supervisor" means any person who is a licensed | ||||||
7 | genetic counselor, as defined by rule, or a physician with a | ||||||
8 | specialty in genetics certified by the American Board of | ||||||
9 | Medical Genetics. A qualified supervisor may be provided at the | ||||||
10 | applicant's place of work, or may be contracted by the | ||||||
11 | applicant to provide supervision. The qualified supervisor | ||||||
12 | shall file written documentation to the Board of employment, | ||||||
13 | discharge, or supervisory control of a genetic counselor at the | ||||||
14 | time of employment, discharge, or assumption of supervision of | ||||||
15 | a genetic counselor. | ||||||
16 | "Supervision" means review of aspects of genetic | ||||||
17 | counseling and case management in a bimonthly meeting with the | ||||||
18 | person under supervision. | ||||||
19 | Section 15. Exemptions.
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20 | (a) This Act does not prohibit any persons legally | ||||||
21 | regulated in this State by any other Act from engaging in the | ||||||
22 | practice for which they are authorized as long as they do not | ||||||
23 | represent themselves by the title of "genetic counselor" or | ||||||
24 | "licensed genetic counselor". This Act does not prohibit the | ||||||
25 | practice of nonregulated professions whose practitioners are | ||||||
26 | engaged in the delivery of human services as long as these | ||||||
27 | practitioners do not represent themselves as or use the title | ||||||
28 | of "genetic counselor" or "licensed genetic counselor".
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29 | (b) Nothing in this Act shall be construed to limit the | ||||||
30 | activities and services of (i) a student, intern, resident, or | ||||||
31 | fellow in genetic counseling or genetics seeking to fulfill | ||||||
32 | educational requirements in order to qualify for a license | ||||||
33 | under this Act if these activities and services constitute a | ||||||
34 | part of the student's supervised course of study or (ii) an | ||||||
35 | individual seeking to fulfill the post-degree experience |
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1 | requirements in order to qualify for licensing under this Act, | ||||||
2 | as long as the activities and services are not conducted in an | ||||||
3 | independent practice if the activities and services are | ||||||
4 | supervised by a qualified supervisor. A student, intern, | ||||||
5 | resident, or fellow must be designated by the title "intern", | ||||||
6 | "resident", "fellow", or any other designation of trainee | ||||||
7 | status. Nothing contained in this subsection shall be construed | ||||||
8 | to permit students, interns, residents, or fellows to offer | ||||||
9 | their services as genetic counselors or geneticists to any | ||||||
10 | other person and to accept remuneration for such genetic | ||||||
11 | counseling services, except as specifically provided in this | ||||||
12 | subsection or subsection (c).
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13 | (c) Corporations, partnerships, and associations may | ||||||
14 | employ students, interns, or post-degree candidates seeking to | ||||||
15 | fulfill educational requirements or the professional | ||||||
16 | experience requirements needed to qualify for a license under | ||||||
17 | this Act if their activities and services constitute a part of | ||||||
18 | the student's supervised course of study or post-degree | ||||||
19 | professional experience requirements. Nothing in this | ||||||
20 | subsection shall prohibit a corporation, partnership, or | ||||||
21 | association from contracting with a licensed health care | ||||||
22 | professional to provide services that they are licensed to | ||||||
23 | provide.
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24 | (d) Nothing in this Act shall prevent the employment, by a | ||||||
25 | genetic counselor, person, association, partnership, or | ||||||
26 | corporation furnishing genetic counseling services for | ||||||
27 | remuneration, of persons not licensed as genetic counselors | ||||||
28 | under this Act to perform services in various capacities as | ||||||
29 | needed, if these persons are not in any manner held out to the | ||||||
30 | public or do not hold themselves out to the public by any title | ||||||
31 | or designation stating or implying that they are genetic | ||||||
32 | counselors.
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33 | (e) Nothing in this Act shall be construed to limit the | ||||||
34 | services of a person, not licensed under the provisions of this | ||||||
35 | Act, in the employ of a federal, State, county, or municipal | ||||||
36 | agency or other political subdivision or not-for-profit |
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1 | corporation providing human services if (i) the services are a | ||||||
2 | part of the duties in his or her salaried position, (ii) the | ||||||
3 | services are performed solely on behalf of his or her employer, | ||||||
4 | and (iii) that person does not in any manner represent himself | ||||||
5 | or herself as or use the title of "genetic counselor" or | ||||||
6 | "licensed genetic counselor".
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7 | (f) Duly recognized members of any religious organization | ||||||
8 | shall not be restricted from functioning in their ministerial | ||||||
9 | capacity provided they do not represent themselves as being | ||||||
10 | genetic counselors or as providing genetic counseling. | ||||||
11 | (g) Nothing in this Act shall be construed to limit the | ||||||
12 | activities and use of the official title of "genetic counselor" | ||||||
13 | on the part of a person not licensed under this Act who is an | ||||||
14 | academic employee of a duly chartered institution of higher | ||||||
15 | education and who holds educational and professional | ||||||
16 | qualifications equivalent to those required for licensure | ||||||
17 | under this Act, insofar as such activities are performed in the | ||||||
18 | person's role as an academic employee, or insofar as such | ||||||
19 | person engages in public speaking with or without remuneration.
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20 | (h) Nothing in this Act shall be construed to require any | ||||||
21 | hospital, clinic, home health agency, hospice, or other entity | ||||||
22 | that provides health care to employ or to contract with a | ||||||
23 | person licensed under this Act to provide genetic counseling | ||||||
24 | services. | ||||||
25 | (i) Nothing in this Act shall be construed to prevent any | ||||||
26 | licensed social worker, licensed clinical social worker, | ||||||
27 | licensed clinical psychologist, licensed professional | ||||||
28 | counselor, or licensed clinical professional counselor from | ||||||
29 | practicing professional counseling as long as that person is | ||||||
30 | not in any manner held out to the public as a "genetic | ||||||
31 | counselor" or "licensed genetic counselor" or does not hold out | ||||||
32 | his or her services as being genetic counseling.
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33 | (j) Nothing in this Act shall be construed to limit the | ||||||
34 | competent practice of the occupation of a person not licensed | ||||||
35 | under this Act who is a physician licensed to practice medicine | ||||||
36 | in all of its branches under the Medical Practice Act of 1987 |
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1 | as long as the person does not use the title "genetic | ||||||
2 | counselor" or any other title tending to indicate they are a | ||||||
3 | genetic counselor unless licensed as such in this State.
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4 | (k) Nothing in the Act shall prohibit a visiting ABGC or | ||||||
5 | ABMG certified genetic counselor from outside the State working | ||||||
6 | as a consultant, or organizations from outside the State | ||||||
7 | employing ABGC or ABMG certified genetic counselors providing | ||||||
8 | occasional services, who are not licensed under this Act, from | ||||||
9 | engaging in the practice of genetic counseling subject to the | ||||||
10 | stated circumstances and limitations.
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11 | Section 20. Restrictions and limitations.
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12 | (a) Beginning on January 1, 2006, no person shall, without | ||||||
13 | a valid license as a genetic counselor issued by the Department | ||||||
14 | (i) in any manner hold himself or herself out to the public as | ||||||
15 | a genetic counselor under this Act; (ii) use in connection with | ||||||
16 | his or her name or place of business the title "genetic | ||||||
17 | counselor", "licensed genetic counselor", "gene counselor", | ||||||
18 | "genetic consultant", or "genetic associate" or any words, | ||||||
19 | letters, abbreviations, or insignia indicating or implying a | ||||||
20 | person has met the qualifications for or has the license issued | ||||||
21 | under this Act; or (iii) offer to render or render to | ||||||
22 | individuals, corporations, or the public genetic counseling | ||||||
23 | services if the words "genetic counselor" or "licensed genetic | ||||||
24 | counselor" are used to describe the person offering to render | ||||||
25 | or rendering them, or "genetic counseling" is used to describe | ||||||
26 | the services rendered or offered to be rendered.
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27 | (b) Beginning on January 1, 2006, no association or | ||||||
28 | partnership shall practice genetic counseling unless every | ||||||
29 | member, partner, and employee of the association or partnership | ||||||
30 | who practices genetic counseling or who renders genetic | ||||||
31 | counseling services holds a valid license issued under this | ||||||
32 | Act. No license shall be issued to a corporation, the stated | ||||||
33 | purpose of which includes or which practices or which holds | ||||||
34 | itself out as available to practice genetic counseling, unless | ||||||
35 | it is organized under the Professional Service Corporation Act.
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1 | (c) Nothing in this Act shall be construed as permitting | ||||||
2 | persons licensed as genetic counselors to engage in any manner | ||||||
3 | in the practice of medicine in all its branches as defined by | ||||||
4 | law in this State.
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5 | (d) When, in the course of providing genetic counseling | ||||||
6 | services to any person, a genetic counselor licensed under this | ||||||
7 | Act finds indication of a disease or condition that in his or | ||||||
8 | her professional judgment requires professional service | ||||||
9 | outside the scope of practice as defined in this Act, he or she | ||||||
10 | shall refer that person to a physician licensed to practice | ||||||
11 | medicine in all of its branches or another appropriate health | ||||||
12 | care practitioner.
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13 | Section 25. Unlicensed practice; violation; civil penalty.
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14 | (a) Beginning on January 1, 2006, any person who practices, | ||||||
15 | offers to practice, attempts to practice, or holds himself or | ||||||
16 | herself out to practice as a genetic counselor without being | ||||||
17 | licensed or exempt under this Act shall, in addition to any | ||||||
18 | other penalty provided by law, pay a civil penalty to the | ||||||
19 | Department in an amount not to exceed $5,000 for each offense, | ||||||
20 | as determined by the Department. Civil penalty shall be | ||||||
21 | assessed by the Department after a hearing is held in | ||||||
22 | accordance with the provisions set forth in this Act regarding | ||||||
23 | the provision of a hearing for the discipline of a licensee. | ||||||
24 | (b) The Department may investigate any actual, alleged, or | ||||||
25 | suspected unlicensed activity.
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26 | (c) The civil penalty shall be paid within 60 days after | ||||||
27 | the effective date of the order imposing the civil penalty. The | ||||||
28 | order shall constitute a final judgment and may be filed and | ||||||
29 | execution had thereon in the same manner as any judgment from | ||||||
30 | any court of record.
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31 | Section 30. Powers and duties of the Department. Subject to | ||||||
32 | the provisions of this Act, the Department may:
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33 | (a) authorize examinations to ascertain the qualifications | ||||||
34 | and fitness of applicants for licensing as genetic counselors |
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1 | and pass upon the qualifications of applicants for licensure by | ||||||
2 | endorsement;
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3 | (b) conduct hearings on proceedings to refuse to issue or | ||||||
4 | renew or to revoke licenses or suspend, place on probation, | ||||||
5 | censure, or reprimand persons licensed under this Act, and to | ||||||
6 | refuse to issue or renew or to revoke licenses, or suspend, | ||||||
7 | place on probation, censure, or reprimand persons licensed | ||||||
8 | under this Act.
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9 | (c) adopt rules necessary for the administration of this | ||||||
10 | Act; and
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11 | (d) maintain rosters of the names and addresses of all | ||||||
12 | licensees and all persons whose licenses have been suspended, | ||||||
13 | revoked, or denied renewal for cause within the previous | ||||||
14 | calendar year. These rosters shall be available upon written | ||||||
15 | request and payment of the required fee. | ||||||
16 | Section 35. Genetic Counselor Licensing and Disciplinary | ||||||
17 | Board.
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18 | (a) The Director shall appoint a Board that shall serve in | ||||||
19 | an advisory capacity to the Director. The Board shall consist | ||||||
20 | of 7 persons, 4 of whom have a master's degree and are licensed | ||||||
21 | as genetic counselors; 2 of whom either have a PhD degree or | ||||||
22 | are physicians and are certified by the American Board of | ||||||
23 | Medical Genetics; and one member of the public who is not a | ||||||
24 | licensed health care provider and who is an advocate for | ||||||
25 | individuals suffering from or genetically predisposed to | ||||||
26 | genetically influenced disease. In appointing members of the | ||||||
27 | Board, the Director shall give due consideration to the | ||||||
28 | adequate representation of the various subspecialties of | ||||||
29 | genetic counseling. In appointing members of the Board, the | ||||||
30 | Director shall give due consideration to recommendations by | ||||||
31 | members of the profession of genetic counseling and the | ||||||
32 | Statewide organizations representing the interests of public | ||||||
33 | health and genetics. The initial appointees shall be licensed | ||||||
34 | under this Act within 1 year after appointment to the Board. | ||||||
35 | Failure on the part of an initial Board appointee to obtain a |
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1 | license within 1 year will be cause for removal from the Board.
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2 | (b) Members shall be appointed for and shall serve 4 year | ||||||
3 | terms and until their successors are appointed and qualified, | ||||||
4 | except that of the initial appointments, 2 members shall be | ||||||
5 | appointed to serve for 2 years, 2 shall be appointed to serve | ||||||
6 | for 3 years, and the remaining shall be appointed to serve for | ||||||
7 | 4 years, and until their successors are appointed and | ||||||
8 | qualified. No member shall be reappointed to the Board for a | ||||||
9 | term that would cause continuous service on the Board to be | ||||||
10 | longer than 8 years. Any appointment to fill a vacancy shall be | ||||||
11 | for the unexpired portion of the term.
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12 | (c) The membership of the Board should reasonably reflect | ||||||
13 | representation from different geographic areas of Illinois.
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14 | (d) Any member appointed to fill a vacancy shall be | ||||||
15 | eligible for reappointment to only one full term.
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16 | (e) The Director may remove any member for cause at any | ||||||
17 | time prior to the expiration of his or her term.
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18 | (f) The Board shall annually elect one of its members as | ||||||
19 | chairperson.
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20 | (g) The members of the Board shall be reimbursed for all | ||||||
21 | legitimate, necessary, and authorized expenses incurred in | ||||||
22 | attending the meetings of the Board.
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23 | (h) The Board may make recommendations on matters relating | ||||||
24 | to continuing education, including the number of hours | ||||||
25 | necessary for license renewal, waivers for those unable to meet | ||||||
26 | such requirements, and acceptable course content. These | ||||||
27 | recommendations shall not impose an undue burden on the | ||||||
28 | Department or an unreasonable restriction on those seeking | ||||||
29 | license renewal.
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30 | (i) The Director shall give due consideration to all | ||||||
31 | recommendations of the Board.
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32 | (j) A majority of the Board members currently appointed | ||||||
33 | shall constitute a quorum. A vacancy in the membership of the | ||||||
34 | Board shall not impair the right of a quorum to perform all of | ||||||
35 | the duties of the Board.
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36 | (k) Members of the Board shall have no criminal, civil, or |
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1 | professional liability in an action based upon a disciplinary | ||||||
2 | proceeding or other activity performed in good faith as a | ||||||
3 | member of the Board, except for willful or wanton misconduct.
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4 | (l) In the event that the Board is considering a matter | ||||||
5 | that involves a subspecialty in genetic counseling not | ||||||
6 | represented in the Board membership, the Board shall consider | ||||||
7 | the need to temporarily appoint a qualified member who | ||||||
8 | practices in that subspecialty.
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9 | Section 40. Application for original license. Applications | ||||||
10 | for original licenses shall be made to the Department on forms | ||||||
11 | prescribed by the Department and accompanied by the required | ||||||
12 | fee, which is not refundable. All applications shall contain | ||||||
13 | such information that, in the judgment of the Department, will | ||||||
14 | enable the Department to pass on the qualifications of the | ||||||
15 | applicant for a license to practice as a genetic counselor. | ||||||
16 | Section 45. Social Security Number on license application. | ||||||
17 | In addition to any other information required to be contained | ||||||
18 | in the application, every application for an original, renewal, | ||||||
19 | or restored license under this Act shall include the | ||||||
20 | applicant's Social Security Number. | ||||||
21 | Section 50. Examination; failure or refusal to take | ||||||
22 | examination.
| ||||||
23 | (a) Applicants for genetic counseling licensure must | ||||||
24 | provide evidence that they have successfully completed the | ||||||
25 | certification examination provided by the ABGC or ABMG, if they | ||||||
26 | are master's degree trained genetic counselors, or the ABMG, if | ||||||
27 | they are PhD trained medical geneticists; or successfully | ||||||
28 | completed the examination provided by the successor agencies of | ||||||
29 | the ABGC or ABMG. The examinations shall be of a character to | ||||||
30 | fairly test the competence and qualifications of the applicants | ||||||
31 | to practice genetic counseling. | ||||||
32 |
(b) If an applicant neglects, fails, or refuses to take an | ||||||
33 | examination or fails to pass an examination for a license under |
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1 | this Act within 2 exam cycles after receiving a temporary | ||||||
2 | license, the application will be denied. However, such | ||||||
3 | applicant may thereafter make a new application for license | ||||||
4 | only if the applicant provides documentation of passing the | ||||||
5 | certification examination offered through the ABGC or ABMG or | ||||||
6 | their successor agencies and satisfies the requirements then in | ||||||
7 | existence for a license.
| ||||||
8 | Section 55. Qualifications for licensure.
A person shall be | ||||||
9 | qualified for licensure as a genetic counselor and the | ||||||
10 | Department shall issue a license if that person:
| ||||||
11 | (1) has applied in writing in form and substance | ||||||
12 | satisfactory to the Department; is at least 21 years of | ||||||
13 | age; | ||||||
14 | (2) has not engaged in conduct or activities which | ||||||
15 | would constitute grounds for discipline under this Act; | ||||||
16 | (3) has not violated any of the provisions of Sections | ||||||
17 | 20 or 25 of this Act or the rules promulgated thereunder. | ||||||
18 | The Department may take into consideration any felony | ||||||
19 | conviction of the applicant but such conviction shall not | ||||||
20 | operate as an absolute bar to licensure; | ||||||
21 | (4) has provided documentation of the successful | ||||||
22 | completion of the certification examination and current | ||||||
23 | certification provided by the American Board of Genetic | ||||||
24 | Counseling or the American Board of Medical Genetics, or | ||||||
25 | their successor agencies; and
| ||||||
26 | (5) has paid the fees required by this Act.
| ||||||
27 | Section 60. Temporary licensure.
| ||||||
28 | (a) A person shall be qualified for temporary licensure as | ||||||
29 | a genetic counselor and the Department shall issue a temporary | ||||||
30 | license if that person:
| ||||||
31 | (1) has successfully completed a Master's degree in | ||||||
32 | genetic counseling from an
ABGC or ABMG accredited training | ||||||
33 | program or its equivalent as established by the ABGC or is | ||||||
34 | a physician or has a doctoral degree and has successfully |
| |||||||
| |||||||
1 | completed an ABMG accredited medical genetics training | ||||||
2 | program or its equivalent as established by the ABMG; | ||||||
3 | (2) Has submitted evidence to the Department of active | ||||||
4 | candidate status for the certifying examination | ||||||
5 | administered by the ABGC or the ABMG or their successor | ||||||
6 | agencies; and
| ||||||
7 | (3) has made application to the Department and paid the | ||||||
8 | required fees.
| ||||||
9 | (b) A temporary license shall allow the applicant to | ||||||
10 | practice under the supervision of a qualified supervisor until | ||||||
11 | he or she receives certification from the ABGC or the ABMG or | ||||||
12 | their successor agencies or
2 exam cycles have elapsed, | ||||||
13 | whichever comes first.
| ||||||
14 | (c) Under no circumstances shall an applicant continue to | ||||||
15 | practice on the temporary license for more than 30 days after | ||||||
16 | notification that he or she has not passed the examination | ||||||
17 | within 2 exam cycles after receiving the temporary license. | ||||||
18 | However, the applicant may thereafter make a new application to | ||||||
19 | the Department for a license satisfying the requirements then | ||||||
20 | in existence for a license.
| ||||||
21 | Section 65. Licenses; renewal; restoration; person in | ||||||
22 | military service; inactive status.
| ||||||
23 | (a) The expiration date and renewal period for each license | ||||||
24 | issued under this Act shall be set by rule. The licensee may | ||||||
25 | renew a license during the 30-day period preceding its | ||||||
26 | expiration date by paying the required fee and demonstrating | ||||||
27 | compliance with continuing education requirements established | ||||||
28 | by rule.
| ||||||
29 | (b) Any person who has permitted a license to expire or who | ||||||
30 | has a license on inactive status may have it restored by | ||||||
31 | submitting an application to the Department and filing proof of | ||||||
32 | fitness, as defined by rule, to have the license restored, | ||||||
33 | including, if appropriate, evidence which is satisfactory to | ||||||
34 | the Department certifying the active practice of genetic | ||||||
35 | counseling in another jurisdiction, and by paying the required |
| |||||||
| |||||||
1 | fee.
| ||||||
2 | (c) If the person has not maintained an active practice in | ||||||
3 | another jurisdiction that is satisfactory to the Department, | ||||||
4 | the Department shall determine the person's fitness to resume | ||||||
5 | active status. The Department may also require the person to | ||||||
6 | complete a specific period of evaluated genetic counseling work | ||||||
7 | experience under the supervision of a qualified clinical | ||||||
8 | supervisor and may require demonstration of completion of | ||||||
9 | continuing education requirements.
| ||||||
10 | (d) Any person whose license expired while on active duty | ||||||
11 | with the armed forces of the United States, while called into | ||||||
12 | service or training with the State Militia, or while in | ||||||
13 | training or education under the supervision of the United | ||||||
14 | States government prior to induction into military service may | ||||||
15 | have his license restored without paying any renewal fees if, | ||||||
16 | within 2 years after the termination of such service, training, | ||||||
17 | or education, except under conditions other than honorable, the | ||||||
18 | Department is furnished with satisfactory evidence that the | ||||||
19 | person has been so engaged and that such service, training, or | ||||||
20 | education has been so terminated.
| ||||||
21 | (e) A license to practice shall not be denied any applicant | ||||||
22 | because of the applicant's race, religion, creed, national | ||||||
23 | origin, political beliefs or activities, age, sex, sexual | ||||||
24 | orientation, or physical impairment.
| ||||||
25 | Section 70. Implementation; transitional periods.
| ||||||
26 | (a) Upon enactment of this law, qualified applicants have 6 | ||||||
27 | months to submit the required fees, completed application, and | ||||||
28 | documentation of passing the American Board of Genetic | ||||||
29 | Counseling or American Board Medical Genetics certification | ||||||
30 | examination in order to obtain a genetic counselor license that | ||||||
31 | will allow the applicant to practice genetic counseling; or
| ||||||
32 | (b) Upon enactment of this law, qualified applicants have 6 | ||||||
33 | months to submit the required fees, completed application, and | ||||||
34 | documentation of active candidate status with the American | ||||||
35 | Board of Genetic Counseling or American Board Medical Genetics |
| |||||||
| |||||||
1 | in order to obtain a temporary genetic counselor license that | ||||||
2 | will allow the applicant to practice genetic counseling under | ||||||
3 | supervision as specified in this Act.
| ||||||
4 | Section 75. Fees; deposit of fees. The fees imposed under | ||||||
5 | this Act shall be set by rule and are not refundable.
All of | ||||||
6 | the fees collected under this Act shall be deposited into the | ||||||
7 | General Professions Dedicated Fund.
| ||||||
8 | Section 80. Checks or orders dishonored. Any person who | ||||||
9 | issues or delivers a check or other order to the Department | ||||||
10 | that is returned to the Department unpaid by the financial | ||||||
11 | institution upon which it is drawn shall pay to the Department, | ||||||
12 | in addition to the amount already owed to the Department, a | ||||||
13 | fine of $50. The fines imposed by this Section are in addition | ||||||
14 | to any other discipline provided under this Act prohibiting | ||||||
15 | unlicensed practice or practice on a nonrenewed license. The | ||||||
16 | Department shall notify the person that payment of fees and | ||||||
17 | fines shall be paid to the Department by certified check or | ||||||
18 | money order within 30 calendar days after notification. If, | ||||||
19 | after the expiration of 30 days from the date of the | ||||||
20 | notification, the person has failed to submit the necessary | ||||||
21 | remittance, the Department shall automatically terminate the | ||||||
22 | license or certification or deny the application, without | ||||||
23 | hearing. If, after termination or denial, the person seeks a | ||||||
24 | license or certificate, he or she shall apply to the Department | ||||||
25 | for restoration or issuance of the license or certificate and | ||||||
26 | pay all fees and fines due to the Department. The Department | ||||||
27 | may establish a fee for the processing of an application for | ||||||
28 | restoration of a license to pay all costs and expenses of | ||||||
29 | processing of this application. The Director may waive the | ||||||
30 | fines due under this Section in individual cases where the | ||||||
31 | Director finds that the fines would be unnecessarily | ||||||
32 | burdensome. | ||||||
33 | Section 85. Endorsement. The Department may issue a license |
| |||||||
| |||||||
1 | as a genetic counselor, to an applicant currently licensed | ||||||
2 | under the laws of another state or United States jurisdiction | ||||||
3 | whose standards, in the opinion of the Department, were | ||||||
4 | substantially equivalent at the date of his or her licensure in | ||||||
5 | the other jurisdiction to the requirements of this Act. Such an | ||||||
6 | applicant shall pay all of the required fees. Applicants have 6 | ||||||
7 | months from the date of application to complete the application | ||||||
8 | process. If the process has not been completed within 6 months, | ||||||
9 | the application shall be denied, the fee forfeited, and the | ||||||
10 | applicant must reapply and meet the requirements in effect at | ||||||
11 | the time of reapplication. | ||||||
12 | Section 90. Privileged communications and exceptions.
| ||||||
13 | (a) No licensed genetic counselor shall disclose any | ||||||
14 | information acquired from persons consulting the counselor in a | ||||||
15 | professional capacity, except that which may be voluntarily | ||||||
16 | disclosed under any of the following circumstances:
| ||||||
17 | (1) In the course of formally reporting, conferring, or | ||||||
18 | consulting with administrative superiors, colleagues, or | ||||||
19 | consultants who share professional responsibility, in | ||||||
20 | which instance all recipients of the information are | ||||||
21 | similarly bound to regard the communication as privileged.
| ||||||
22 | (2) With the written consent of the person who provided | ||||||
23 | the information.
| ||||||
24 | (3) In the case of death or disability, with the | ||||||
25 | written consent of a personal representative, other person | ||||||
26 | authorized to sue, or the beneficiary of an insurance | ||||||
27 | policy on the person's life, health or physical condition. | ||||||
28 | (4) When a communication reveals the intended | ||||||
29 | commission of a crime or harmful act and such disclosure is | ||||||
30 | judged necessary by the licensed genetic counselor to | ||||||
31 | protect any person from a clear, imminent risk of serious | ||||||
32 | mental or physical harm or injury, or to forestall a | ||||||
33 | serious threat to the public safety. | ||||||
34 | (5) When the person waives the privilege by bringing | ||||||
35 | any public charges against the licensee. |
| |||||||
| |||||||
1 | (b) When the person is a minor under the laws of the State | ||||||
2 | of Illinois and the information acquired by the licensed | ||||||
3 | genetic counselor indicates the minor was the victim or subject | ||||||
4 | of a crime, the licensed genetic counselor may be required to | ||||||
5 | testify in any judicial proceedings in which the commission of | ||||||
6 | that crime is the subject of inquiry when, after in camera | ||||||
7 | review of the information that the licensed genetic counselor | ||||||
8 | acquired, the court determines that the interests of the minor | ||||||
9 | in having the information held privileged are outweighed by the | ||||||
10 | requirements of justice, the need to protect the public safety | ||||||
11 | or the need to protect the minor, except as provided under the | ||||||
12 | Abused and Neglected Child Reporting Act.
| ||||||
13 | (c) Any person having access to records or anyone who | ||||||
14 | participates in providing genetic counseling services, or in | ||||||
15 | providing any human services, or is supervised by a licensed | ||||||
16 | genetic counselor is similarly bound to regard all information | ||||||
17 | and communications as privileged in accord with this Section.
| ||||||
18 | (d) Nothing in this Act shall be construed to prohibit a | ||||||
19 | licensed genetic counselor from voluntarily testifying in | ||||||
20 | court hearings concerning matters of adoption, child abuse, | ||||||
21 | child neglect or other matters pertaining to children, except | ||||||
22 | as provided under the Abused and Neglected Child Reporting Act.
| ||||||
23 | (e) The Mental Health and Developmental Disabilities | ||||||
24 | Confidentiality Act is incorporated herein as if all of its | ||||||
25 | provisions were included in this Act. In the event of a | ||||||
26 | conflict between the application of this Section and the Mental | ||||||
27 | Health and Developmental Disabilities Confidentiality Act to a | ||||||
28 | specific situation, the provisions of the Mental Health and | ||||||
29 | Developmental Disabilities Confidentiality Act shall control.
| ||||||
30 | Section 95. Grounds for discipline.
| ||||||
31 | (a) The Department may refuse to issue, renew, or may | ||||||
32 | revoke, suspend, place on probation, reprimand, or take other | ||||||
33 | disciplinary action as the Department deems appropriate, | ||||||
34 | including the issuance of fines not to exceed $1,000 for each | ||||||
35 | violation, with regard to any license for any one or more of |
| |||||||
| |||||||
1 | the following: | ||||||
2 | (1) Material misstatement in furnishing information to | ||||||
3 | the Department or to any other State agency.
| ||||||
4 | (2) Violations or negligent or intentional disregard | ||||||
5 | of this Act, or any of its rules.
| ||||||
6 | (3) Conviction of any crime under the laws of the | ||||||
7 | United States or any state or territory thereof that is a | ||||||
8 | felony, a misdemeanor, an essential element of which is | ||||||
9 | dishonesty, or a crime that is directly related to the | ||||||
10 | practice of the profession.
| ||||||
11 | (4) Making any misrepresentation for the purpose of | ||||||
12 | obtaining a license, or violating any provision of this Act | ||||||
13 | or its rules. | ||||||
14 | (5) Professional incompetence or gross negligence in | ||||||
15 | the rendering of genetic counseling services.
| ||||||
16 | (6) Malpractice.
| ||||||
17 | (7) Aiding or assisting another person in violating any | ||||||
18 | provision of this Act or any rules.
| ||||||
19 | (8) Failing to provide information within 60 days in | ||||||
20 | response to a written request made by the Department.
| ||||||
21 | (9) Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a character likely to deceive, | ||||||
23 | defraud, or harm the public and violating the rules of | ||||||
24 | professional conduct adopted by the Department.
| ||||||
25 | (10) Failing to maintain the confidentiality of any | ||||||
26 | information received from a client, unless released by the | ||||||
27 | client or otherwise authorized or required by law.
| ||||||
28 | (11) Exploiting a client for personal advantage, | ||||||
29 | profit, or interest.
| ||||||
30 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
31 | narcotics, stimulants, or any other chemical agent or drug | ||||||
32 | which results in inability to practice with reasonable | ||||||
33 | skill, judgment, or safety.
| ||||||
34 | (13) Discipline by another jurisdiction, if at least | ||||||
35 | one of the grounds for the discipline is the same or | ||||||
36 | substantially equivalent to those set forth in this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (14) Directly or indirectly giving to or receiving from | ||||||
3 | any person, firm, corporation, partnership, or association | ||||||
4 | any fee, commission, rebate, or other form of compensation | ||||||
5 | for any professional service not actually rendered.
| ||||||
6 | (15) A finding by the Board that the licensee, after | ||||||
7 | having the license placed on probationary status has | ||||||
8 | violated the terms of probation
| ||||||
9 | (16) Failing to refer a client to other competent | ||||||
10 | professionals when the licensee is unable or unwilling to | ||||||
11 | adequately support or serve the client.
| ||||||
12 | (17) Willfully filing false reports relating to a | ||||||
13 | licensee's practice, including but not limited to false | ||||||
14 | records filed with federal or State agencies or | ||||||
15 | departments.
| ||||||
16 | (18) Willfully failing to report an instance of | ||||||
17 | suspected child abuse or neglect as required by the Abused | ||||||
18 | and Neglected Child Reporting Act.
| ||||||
19 | (19) Being named as a perpetrator in an indicated | ||||||
20 | report by the Department of Children and Family Services | ||||||
21 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
22 | and upon proof by clear and convincing evidence that the | ||||||
23 | licensee has caused a child to be an abused child or | ||||||
24 | neglected child as defined in the Abused and Neglected | ||||||
25 | Child Reporting Act.
| ||||||
26 | (20) Physical or mental disability, including | ||||||
27 | deterioration through the aging process or loss of | ||||||
28 | abilities and skills which results in the inability to | ||||||
29 | practice the profession with reasonable judgment, skill, | ||||||
30 | or safety.
| ||||||
31 | (21) Solicitation of professional services by using | ||||||
32 | false or misleading advertising.
| ||||||
33 | (22) Failure to file a return, or to pay the tax, | ||||||
34 | penalty of interest shown in a filed return, or to pay any | ||||||
35 | final assessment of tax, penalty or interest, as required | ||||||
36 | by any tax Act administered by the Illinois Department of |
| |||||||
| |||||||
1 | Revenue or any successor agency or the Internal Revenue | ||||||
2 | Service or any successor agency.
| ||||||
3 | (23) A finding that licensure has been applied for or | ||||||
4 | obtained by fraudulent means.
| ||||||
5 | (24) Practicing or attempting to practice under a name | ||||||
6 | other than the full name as shown on the license or any | ||||||
7 | other legally authorized name.
| ||||||
8 | (25) Gross overcharging for professional services, | ||||||
9 | including filing statements for collection of fees or | ||||||
10 | monies for which services are not rendered.
| ||||||
11 | (b) The Department shall deny, without hearing, any | ||||||
12 | application or renewal for a license under this Act to any | ||||||
13 | person who has defaulted on an educational loan guaranteed by | ||||||
14 | the Illinois State Assistance Commission; however, the | ||||||
15 | Department may issue a license or renewal if the person in | ||||||
16 | default has established a satisfactory repayment record as | ||||||
17 | determined by the Illinois Student Assistance Commission.
| ||||||
18 | (c) The determination by a court that a licensee is subject | ||||||
19 | to involuntary admission or judicial admission as provided in | ||||||
20 | the Mental Health and Developmental Disabilities Code will | ||||||
21 | result in an automatic suspension of his or her license. The | ||||||
22 | suspension will end upon a finding by a court that the licensee | ||||||
23 | is no longer subject to involuntary admission or judicial | ||||||
24 | admission, the issuance of an order so finding and discharging | ||||||
25 | the patient, and the recommendation of the Board to the | ||||||
26 | Director that the licensee be allowed to resume professional | ||||||
27 | practice.
| ||||||
28 | Section 100. Violations; injunction; cease and desist | ||||||
29 | order.
| ||||||
30 | (a) If any person violates the provisions of this Act, the | ||||||
31 | Director may, in the name of the People of the State of | ||||||
32 | Illinois, through the Attorney General, petition for an order | ||||||
33 | enjoining the violation or for an order enforcing compliance | ||||||
34 | with this Act. Upon the filing of a verified petition, the | ||||||
35 | court with appropriate jurisdiction may issue a temporary |
| |||||||
| |||||||
1 | restraining order without notice or bond, and may preliminarily | ||||||
2 | and permanently enjoin the violation. If it is established that | ||||||
3 | the person has violated or is violating the injunction, the | ||||||
4 | court may punish the offender for contempt of court. | ||||||
5 | Proceedings under this Section are in addition to all other | ||||||
6 | remedies and penalties provided by this Act.
| ||||||
7 | (b) If any person holds himself or herself out as being a | ||||||
8 | licensed genetic counselor under this Act and is not licensed | ||||||
9 | to do so, then any licensed genetic counselor, interested | ||||||
10 | party, or any person injured thereby may petition for relief as | ||||||
11 | provided in subsection (a) of this Section.
| ||||||
12 | (c) Whenever, in the opinion of the Department, a person | ||||||
13 | violates any provision of this Act, the Department may issue a | ||||||
14 | rule to show cause why an order to cease and desist should not | ||||||
15 | be entered against that person. The rule shall clearly set | ||||||
16 | forth the grounds relied upon by the
Department and shall allow | ||||||
17 | at least 7 days from the date of the rule to file an answer | ||||||
18 | satisfactory to the Department. Failure to answer to the | ||||||
19 | satisfaction of the Department shall cause an order to cease | ||||||
20 | and desist to be issued.
| ||||||
21 | Section 105. Investigations; notice and hearing. The | ||||||
22 | Department may investigate the actions of any applicant or any | ||||||
23 | person holding or claiming to hold a license. The Department | ||||||
24 | shall, before revoking, suspending, placing on probation, | ||||||
25 | reprimanding, or taking any other disciplinary action under | ||||||
26 | Section 95 of this Act, at least 30 days prior to the date set | ||||||
27 | for the hearing, (i) notify the accused, in writing, of any | ||||||
28 | charges made and the time and place for the hearing on the | ||||||
29 | charges,
(ii) direct him or her to file a written answer to the | ||||||
30 | charges with the Board under oath within 20 days after service | ||||||
31 | of the notice, and (iii) inform the accused that, if he or she | ||||||
32 | fails to answer, default will be taken against him or her or | ||||||
33 | that his or her license or certificate may be suspended, | ||||||
34 | revoked, placed on probationary status, or other disciplinary | ||||||
35 | action taken with regard to the license, including limiting the |
| |||||||
| |||||||
1 | scope, nature, or extent of his or her practice, as the | ||||||
2 | Department may deem proper. In case the person, after receiving | ||||||
3 | notice, fails to file an answer, his or her license may, in the | ||||||
4 | discretion of the Department, be suspended, revoked, placed on | ||||||
5 | probationary status, or the Department may take whatever | ||||||
6 | disciplinary action deemed proper, including limiting the | ||||||
7 | scope, nature, or extent of the person's practice or the | ||||||
8 | imposition of a fine, without a hearing, if the act or acts | ||||||
9 | charged constitute sufficient grounds for such action under | ||||||
10 | this Act. The written notice may be served by personal delivery | ||||||
11 | or certified mail to the address specified by the accused in | ||||||
12 | his or her last notification to the Department.
| ||||||
13 | Section 110. Record of proceedings; transcript. The | ||||||
14 | Department, at its expense, shall preserve a record of all | ||||||
15 | proceedings at the formal hearing of any case. The notice of | ||||||
16 | hearing, complaint, all other documents in the nature of | ||||||
17 | pleadings, written motions filed in the proceedings, the | ||||||
18 | transcript of testimony, the report of the Board and orders of | ||||||
19 | the Department shall be in the record of such proceeding. The | ||||||
20 | Department shall furnish a transcript of the record to any | ||||||
21 | person interested in the hearing upon payment of the fee | ||||||
22 | required under Section 2105-115 of the Department of | ||||||
23 | Professional Regulation Law of the Civil Administrative Code of | ||||||
24 | Illinois. | ||||||
25 | Section 115. Subpoenas; depositions; oaths. The Department | ||||||
26 | has the power to subpoena and to bring before it any person and | ||||||
27 | to take testimony either orally or by deposition, or both, with | ||||||
28 | the same fees and mileage and in the same manner as prescribed | ||||||
29 | in civil cases in the courts of this State. The Director, the | ||||||
30 | designated hearing officer, and every member of the Board has | ||||||
31 | the power to administer oaths to witnesses at any hearing which | ||||||
32 | the Department is authorized to conduct, and any other oaths | ||||||
33 | authorized in any Act administered by the Department. |
| |||||||
| |||||||
1 | Section 120. Compelling testimony. Any court, upon | ||||||
2 | application of the Department, designated hearing officer, or | ||||||
3 | the applicant or licensee against whom proceedings under | ||||||
4 | Section 95 of this Act are pending, may enter an order | ||||||
5 | requiring the attendance of witnesses and their testimony and | ||||||
6 | the production of documents, papers, files, books, and records | ||||||
7 | in connection with any hearing or investigation. The court may | ||||||
8 | compel obedience to its order by proceedings for contempt. | ||||||
9 | Section 125. Findings and recommendations. At the | ||||||
10 | conclusion of the hearing, the Board shall present to the | ||||||
11 | Director a written report of its findings of fact, conclusions | ||||||
12 | of law, and recommendations. The report shall contain a finding | ||||||
13 | whether the licensee violated this Act or failed to comply with | ||||||
14 | the conditions required in this Act. The Board shall specify | ||||||
15 | the nature of the violation or failure to comply, and shall | ||||||
16 | make its recommendations to the Director. The report of | ||||||
17 | findings of fact, conclusions of law, and recommendation of the | ||||||
18 | Board shall be the basis for the Department's order for refusal | ||||||
19 | or for the granting of the license. If the Director disagrees | ||||||
20 | with the recommendations of the Board, the Director may issue | ||||||
21 | an order in contravention of the Board recommendations. The | ||||||
22 | Director shall provide a written report to the Board on any | ||||||
23 | disagreement and shall specify the reasons for the action in | ||||||
24 | the final order. The finding is not admissible in evidence | ||||||
25 | against the person in a criminal prosecution brought for the | ||||||
26 | violation of this Act, but the hearing and findings are not a | ||||||
27 | bar to a criminal prosecution brought for the violation of this | ||||||
28 | Act. | ||||||
29 | Section 130. Board; rehearing. At the conclusion of the | ||||||
30 | hearing, a copy of the Board's report shall be served upon the | ||||||
31 | applicant or licensee by the Department, either personally or | ||||||
32 | as provided in this Act for the service of the notice of | ||||||
33 | hearing. Within 20 days after such service, the applicant or | ||||||
34 | licensee may present to the Department a motion in writing for |
| |||||||
| |||||||
1 | a rehearing, which shall specify the particular grounds for | ||||||
2 | rehearing. If no motion for a rehearing is filed, then upon the | ||||||
3 | expiration of the time specified for filing such a motion, or | ||||||
4 | if a motion for rehearing is denied, then upon such denial, the | ||||||
5 | Director may enter an order in accordance with recommendations | ||||||
6 | of the Board, except as provided in Section 120 of this Act. If | ||||||
7 | the applicant or licensee requests and pays for a transcript of | ||||||
8 | the record within the time for filing a motion for rehearing, | ||||||
9 | the 20-day period within which a motion may be filed shall | ||||||
10 | commence upon the delivery of the transcript to the applicant | ||||||
11 | or licensee. | ||||||
12 | Section 135. Director; rehearing. Whenever the Director | ||||||
13 | believes justice has not been done in the revocation, | ||||||
14 | suspension, or refusal to issue or renew a license or the | ||||||
15 | discipline of a licensee, he or she may order a rehearing. | ||||||
16 | Section 140. Appointment of a hearing officer. The Director | ||||||
17 | has the authority to appoint any attorney licensed to practice | ||||||
18 | law in the State of Illinois to serve as the hearing officer in | ||||||
19 | any action for refusal to issue or renew a license or permit or | ||||||
20 | to discipline a licensee. The hearing officer has full | ||||||
21 | authority to conduct the hearing. At least one member of the | ||||||
22 | Board shall attend each hearing. The hearing officer shall | ||||||
23 | report his findings of fact, conclusions of law and | ||||||
24 | recommendations to the Board and to the Director. The Board | ||||||
25 | shall have 60 calendar days from receipt of the report to | ||||||
26 | review it and to present its findings of fact, conclusions of | ||||||
27 | law and recommendation to the Director. If the Board does not | ||||||
28 | present its report within the 60-day period, the Director may | ||||||
29 | issue an order based on the report of the hearing officer. If | ||||||
30 | the Director disagrees with the recommendation of the Board or | ||||||
31 | of the hearing officer, the Director may issue an order in | ||||||
32 | contravention of the recommendation. The Director shall | ||||||
33 | promptly provide a written explanation to the Board on any such | ||||||
34 | disagreement. |
| |||||||
| |||||||
1 | Section 145. Order or certified copy; prima facie proof.
| ||||||
2 | An order or certified copy thereof, over the seal of the | ||||||
3 | Department and purporting to be signed by the Director, is | ||||||
4 | prima facie proof that:
| ||||||
5 | (1) the signature is the genuine signature of the Director;
| ||||||
6 | (2) the Director is duly appointed and qualified; and
| ||||||
7 | (3) the Board and the members thereof are qualified to act.
| ||||||
8 | Section 150. Restoration of suspended or revoked license. | ||||||
9 | At any time after the suspension or revocation of any license, | ||||||
10 | the Department may restore it to the licensee upon the written | ||||||
11 | recommendation of the Board, unless after an investigation and | ||||||
12 | hearing the Board determines that restoration is not in the | ||||||
13 | public interest. | ||||||
14 | Section 155. Surrender of license. Upon the revocation or | ||||||
15 | suspension of a license, the licensee shall immediately | ||||||
16 | surrender his or her license to the Department. If the licensee | ||||||
17 | fails to do so, the Department has the right to seize the | ||||||
18 | license. | ||||||
19 | Section 160. Summary suspension of license. The Director | ||||||
20 | may summarily suspend the license of a genetic counselor | ||||||
21 | without a hearing, simultaneously with the institution of | ||||||
22 | proceedings for a hearing provided for in Section 105 of this | ||||||
23 | Act, if the Director finds that evidence in the possession of | ||||||
24 | the Director indicates that the continuation of practice by the | ||||||
25 | genetic counselor would constitute an imminent danger to the | ||||||
26 | public. In the event that the Director summarily suspends the | ||||||
27 | license of an individual without a hearing, a hearing must be | ||||||
28 | held within 30 days after the suspension has occurred. | ||||||
29 | Section 165. Administrative review; venue.
| ||||||
30 | (a) All final administrative decisions of the Department | ||||||
31 | are subject to judicial review pursuant to the Administrative |
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| |||||||
1 | Review Law and its rules. The term "administrative decision" is | ||||||
2 | defined as in Section 3-101 of the Code of Civil Procedure.
| ||||||
3 | (b) Proceedings for judicial review shall be commenced in | ||||||
4 | the circuit court of the county in which the party applying for | ||||||
5 | review resides, but if the party is not a resident of Illinois, | ||||||
6 | the venue shall be in Sangamon County.
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7 | Section 170. Certification of record; costs. The | ||||||
8 | Department shall not be required to certify any record to the | ||||||
9 | court, to file an answer in court, or to otherwise appear in | ||||||
10 | any court in a judicial review proceeding, unless there is | ||||||
11 | filed in the court, with the complaint, a receipt from the | ||||||
12 | Department acknowledging payment of the costs of furnishing and | ||||||
13 | certifying the record. Failure on the part of the plaintiff to | ||||||
14 | file the receipt in court is grounds for dismissal of the | ||||||
15 | action. | ||||||
16 | Section 175. Violations. Unless otherwise specified, any | ||||||
17 | person found to have violated any provision of this Act is | ||||||
18 | guilty of a Class A misdemeanor. | ||||||
19 | Section 180. Administrative Procedure Act; application. | ||||||
20 | The Illinois Administrative Procedure Act is hereby expressly | ||||||
21 | adopted and incorporated in this Act as if all of the | ||||||
22 | provisions of such Act were included in this Act. | ||||||
23 | Section 185. Home rule. The regulation and licensing of | ||||||
24 | genetic counselors are exclusive powers and functions of the | ||||||
25 | State. A home rule unit may not regulate or license genetic | ||||||
26 | counselors. This Section is a denial and limitation of home | ||||||
27 | rule powers and functions under subsection (h) of Section 6 of | ||||||
28 | Article VII of the Illinois Constitution.
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29 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
30 | Section
4.25 as follows:
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| |||||||
1 | (5 ILCS 80/4.25 new)
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2 | Sec. 4.25. Act repealed on January 1, 2015. The following | ||||||
3 | Act is repealed on January 1, 2015:
| ||||||
4 | The Genetic Counselor Licensing Act.
| ||||||
5 | Section 999. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|