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