Registration and Regulation Committee
Adopted in House Comm. on Mar 04, 2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4200
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4200 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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 |
| |||||||
| |||||||
1 | by persons licensed to practice genetic counseling. | ||||||
2 | Section 10. Definitions. As used in this Act: | ||||||
3 | "ABGC" means the American Board of Genetic Counseling. | ||||||
4 | "ABMG" means the American Board of Medical Genetics. | ||||||
5 | "Active candidate status" is awarded to applicants who have | ||||||
6 | received approval from the ABGC or ABMG to sit for their | ||||||
7 | respective certification examinations.
| ||||||
8 | "Department" means the Department of Professional | ||||||
9 | Regulation. | ||||||
10 | "Director" means the Director of Professional Regulation. | ||||||
11 | "Genetic anomaly" means a variation in an individual's DNA | ||||||
12 | that has been shown to confer a genetically influenced disease | ||||||
13 | or predisposition to a genetically influenced disease or makes | ||||||
14 | a person a carrier of such variation. A "carrier" of a genetic | ||||||
15 | anomaly means a person who may or may not have a predisposition | ||||||
16 | or risk of incurring a genetically influenced condition and who | ||||||
17 | is at risk of having offspring with a genetically influenced | ||||||
18 | condition.
| ||||||
19 | "Genetic counseling" means the provision of services to | ||||||
20 | individuals, couples, groups, families, and organizations by | ||||||
21 | one or more appropriately trained individuals to address the | ||||||
22 | physical and psychological issues associated with the | ||||||
23 | occurrence or risk of occurrence or recurrence of a genetic | ||||||
24 | disorder, birth defect, disease, or potentially inherited or | ||||||
25 | genetically influenced condition in an individual or a family.
| ||||||
26 | "Genetic counseling" includes, but is not limited to, the | ||||||
27 | following: | ||||||
28 | (A) Estimating the likelihood of occurrence or | ||||||
29 | recurrence of a birth defect or of any potentially | ||||||
30 | inherited or genetically influenced condition. This | ||||||
31 | assessment may involve: | ||||||
32 | (i) obtaining and analyzing a complete health | ||||||
33 | history of the person and his or her family; |
| |||||||
| |||||||
1 | (ii) reviewing pertinent medical records; | ||||||
2 | (iii) evaluating the risks from exposure to | ||||||
3 | possible mutagens or teratogens; | ||||||
4 | (iv) recommending genetic testing or other | ||||||
5 | evaluations to diagnose a condition or determine the | ||||||
6 | carrier status of one or more family members; | ||||||
7 | (B) Helping the individual, family, health care | ||||||
8 | provider, or public
(i) appreciate the medical, | ||||||
9 | psychological and social implications of a disorder, | ||||||
10 | including its features, variability, usual course and | ||||||
11 | management options, (ii) learn how genetic factors | ||||||
12 | contribute to the disorder and affect the chance for | ||||||
13 | recurrence of the condition in other family members, (iii) | ||||||
14 | understand available options for coping with, preventing, | ||||||
15 | or reducing the chance of
occurrence or recurrence of a | ||||||
16 | condition, (iv) select the most appropriate, accurate, and | ||||||
17 | cost-effective methods of diagnosis, and (v) understand | ||||||
18 | genetic or prenatal tests, coordinate testing for | ||||||
19 | inherited disorders, and
interpret complex genetic test | ||||||
20 | results.
| ||||||
21 | (C) Facilitating an individual's or family's
(i) | ||||||
22 | exploration of the perception of risk and burden associated | ||||||
23 | with the disorder, (ii) decision-making regarding testing | ||||||
24 | or medical interventions consistent with their beliefs, | ||||||
25 | goals, needs, resources, culture, and ethical and moral | ||||||
26 | views, and (iii) adjustment and adaptation to the condition | ||||||
27 | or their genetic risk by addressing needs for
| ||||||
28 | psychological, social, and medical support. | ||||||
29 | (D) Entering pertinent patient interactions into the | ||||||
30 | patient's medical records.
| ||||||
31 | "Genetic counselor" means a person licensed under this Act | ||||||
32 | to engage in the practice of genetic counseling. | ||||||
33 | "Genetic test" is a test of a person's genes, gene | ||||||
34 | products, or chromosomes for abnormalities or deficiencies, |
| |||||||
| |||||||
1 | including carrier status, that are linked to physical or mental | ||||||
2 | disorders or impairments, indicate a susceptibility to | ||||||
3 | illness, disease, impairment, or other disorders, whether | ||||||
4 | physical or mental, or demonstrate genetic or chromosomal | ||||||
5 | damage due to environmental factors. "Genetic testing" does not | ||||||
6 | include routine physical measurements; chemical, blood, and | ||||||
7 | urine analyses that are widely accepted and in use in clinical | ||||||
8 | practice; tests for use of drugs; and tests for the presence of | ||||||
9 | the human immunodeficiency virus. | ||||||
10 | "Person" means an individual, association, partnership, or | ||||||
11 | corporation. | ||||||
12 | "Qualified supervisor" means any person who is a licensed | ||||||
13 | genetic counselor, as defined by rule, or a physician with a | ||||||
14 | specialty in genetics certified by the American Board of | ||||||
15 | Medical Genetics. A qualified supervisor may be provided at the | ||||||
16 | applicant's place of work, or may be contracted by the | ||||||
17 | applicant to provide supervision. The qualified supervisor | ||||||
18 | shall file written documentation to the Department of | ||||||
19 | employment, discharge, or supervisory control of a genetic | ||||||
20 | counselor at the time of employment, discharge, or assumption | ||||||
21 | of supervision of a genetic counselor. | ||||||
22 | "Supervision" means review of aspects of genetic | ||||||
23 | counseling and case management in a bimonthly meeting with the | ||||||
24 | person under supervision. | ||||||
25 | Section 15. Exemptions.
| ||||||
26 | (a) This Act does not prohibit any persons legally | ||||||
27 | regulated in this State by any other Act from engaging in the | ||||||
28 | practice for which they are authorized as long as they do not | ||||||
29 | represent themselves by the title of "genetic counselor" or | ||||||
30 | "licensed genetic counselor". This Act does not prohibit the | ||||||
31 | practice of nonregulated professions whose practitioners are | ||||||
32 | engaged in the delivery of human services as long as these | ||||||
33 | practitioners do not represent themselves as or use the title |
| |||||||
| |||||||
1 | of "genetic counselor" or "licensed genetic counselor".
| ||||||
2 | (b) Nothing in this Act shall be construed to limit the | ||||||
3 | activities and services of (i) a student, intern, resident, or | ||||||
4 | fellow in genetic counseling or genetics seeking to fulfill | ||||||
5 | educational requirements in order to qualify for a license | ||||||
6 | under this Act if these activities and services constitute a | ||||||
7 | part of the student's supervised course of study or (ii) an | ||||||
8 | individual seeking to fulfill the post-degree experience | ||||||
9 | requirements in order to qualify for licensing under this Act, | ||||||
10 | as long as the activities and services are not conducted in an | ||||||
11 | independent practice if the activities and services are | ||||||
12 | supervised by a qualified supervisor. A student, intern, | ||||||
13 | resident, or fellow must be designated by the title "intern", | ||||||
14 | "resident", "fellow", or any other designation of trainee | ||||||
15 | status. Nothing contained in this subsection shall be construed | ||||||
16 | to permit students, interns, residents, or fellows to offer | ||||||
17 | their services as genetic counselors or geneticists to any | ||||||
18 | other person and to accept remuneration for such genetic | ||||||
19 | counseling services, except as specifically provided in this | ||||||
20 | subsection or subsection (c).
| ||||||
21 | (c) Corporations, partnerships, and associations may | ||||||
22 | employ students, interns, or post-degree candidates seeking to | ||||||
23 | fulfill educational requirements or the professional | ||||||
24 | experience requirements needed to qualify for a license under | ||||||
25 | this Act if their activities and services constitute a part of | ||||||
26 | the student's supervised course of study or post-degree | ||||||
27 | professional experience requirements. Nothing in this | ||||||
28 | subsection shall prohibit a corporation, partnership, or | ||||||
29 | association from contracting with a licensed health care | ||||||
30 | professional to provide services that they are licensed to | ||||||
31 | provide.
| ||||||
32 | (d) Nothing in this Act shall prevent the employment, by a | ||||||
33 | genetic counselor, person, association, partnership, or | ||||||
34 | corporation furnishing genetic counseling services for |
| |||||||
| |||||||
1 | remuneration, of persons not licensed as genetic counselors | ||||||
2 | under this Act to perform services in various capacities as | ||||||
3 | needed, if these persons are not in any manner held out to the | ||||||
4 | public or do not hold themselves out to the public by any title | ||||||
5 | or designation stating or implying that they are genetic | ||||||
6 | counselors.
| ||||||
7 | (e) Nothing in this Act shall be construed to limit the | ||||||
8 | services of a person, not licensed under the provisions of this | ||||||
9 | Act, in the employ of a federal, State, county, or municipal | ||||||
10 | agency or other political subdivision or not-for-profit | ||||||
11 | corporation providing human services if (i) the services are a | ||||||
12 | part of the duties in his or her salaried position, (ii) the | ||||||
13 | services are performed solely on behalf of his or her employer, | ||||||
14 | and (iii) that person does not in any manner represent himself | ||||||
15 | or herself as or use the title of "genetic counselor" or | ||||||
16 | "licensed genetic counselor".
| ||||||
17 | (f) Duly recognized members of any religious organization | ||||||
18 | shall not be restricted from functioning in their ministerial | ||||||
19 | capacity provided they do not represent themselves as being | ||||||
20 | genetic counselors or as providing genetic counseling. | ||||||
21 | (g) Nothing in this Act shall be construed to limit the | ||||||
22 | activities and use of the official title of "genetic counselor" | ||||||
23 | on the part of a person not licensed under this Act who is an | ||||||
24 | academic employee of a duly chartered institution of higher | ||||||
25 | education and who holds educational and professional | ||||||
26 | qualifications equivalent to those required for licensure | ||||||
27 | under this Act, insofar as such activities are performed in the | ||||||
28 | person's role as an academic employee, or insofar as such | ||||||
29 | person engages in public speaking with or without remuneration.
| ||||||
30 | (h) Nothing in this Act shall be construed to require any | ||||||
31 | hospital, clinic, home health agency, hospice, or other entity | ||||||
32 | that provides health care to employ or to contract with a | ||||||
33 | person licensed under this Act to provide genetic counseling | ||||||
34 | services. |
| |||||||
| |||||||
1 | (i) Nothing in this Act shall be construed to prevent any | ||||||
2 | licensed social worker, licensed clinical social worker, | ||||||
3 | licensed clinical psychologist, licensed professional | ||||||
4 | counselor, or licensed clinical professional counselor from | ||||||
5 | practicing professional counseling as long as that person is | ||||||
6 | not in any manner held out to the public as a "genetic | ||||||
7 | counselor" or "licensed genetic counselor" or does not hold out | ||||||
8 | his or her services as being genetic counseling.
| ||||||
9 | (j) Nothing in this Act shall be construed to limit the | ||||||
10 | competent practice of the occupation of a person not licensed | ||||||
11 | under this Act who is a physician licensed to practice medicine | ||||||
12 | in all of its branches under the Medical Practice Act of 1987. | ||||||
13 | (k) Nothing in the Act shall prohibit a visiting ABGC or | ||||||
14 | ABMG certified genetic counselor from outside the State working | ||||||
15 | as a consultant, or organizations from outside the State | ||||||
16 | employing ABGC or ABMG certified genetic counselors providing | ||||||
17 | occasional services, who are not licensed under this Act, from | ||||||
18 | engaging in the practice of genetic counseling subject to the | ||||||
19 | stated circumstances and limitations.
| ||||||
20 | Section 20. Restrictions and limitations.
| ||||||
21 | (a) Beginning on January 1, 2006, no person shall, without | ||||||
22 | a valid license as a genetic counselor issued by the Department | ||||||
23 | (i) in any manner hold himself or herself out to the public as | ||||||
24 | a genetic counselor under this Act; (ii) use in connection with | ||||||
25 | his or her name or place of business the title "genetic | ||||||
26 | counselor", "licensed genetic counselor", "gene counselor", | ||||||
27 | "genetic consultant", or "genetic associate" or any words, | ||||||
28 | letters, abbreviations, or insignia indicating or implying a | ||||||
29 | person has met the qualifications for or has the license issued | ||||||
30 | under this Act; or (iii) offer to render or render to | ||||||
31 | individuals, corporations, or the public genetic counseling | ||||||
32 | services if the words "genetic counselor" or "licensed genetic | ||||||
33 | counselor" are used to describe the person offering to render |
| |||||||
| |||||||
1 | or rendering them, or "genetic counseling" is used to describe | ||||||
2 | the services rendered or offered to be rendered.
| ||||||
3 | (b) Beginning on January 1, 2006, no association or | ||||||
4 | partnership shall practice genetic counseling unless every | ||||||
5 | member, partner, and employee of the association or partnership | ||||||
6 | who practices genetic counseling or who renders genetic | ||||||
7 | counseling services holds a valid license issued under this | ||||||
8 | Act. No license shall be issued to a corporation, the stated | ||||||
9 | purpose of which includes or which practices or which holds | ||||||
10 | itself out as available to practice genetic counseling, unless | ||||||
11 | it is organized under the Professional Service Corporation Act.
| ||||||
12 | (c) Nothing in this Act shall be construed as permitting | ||||||
13 | persons licensed as genetic counselors to engage in any manner | ||||||
14 | in the practice of medicine in all its branches as defined by | ||||||
15 | law in this State.
| ||||||
16 | (d) When, in the course of providing genetic counseling | ||||||
17 | services to any person, a genetic counselor licensed under this | ||||||
18 | Act finds indication of a disease or condition that in his or | ||||||
19 | her professional judgment requires professional service | ||||||
20 | outside the scope of practice as defined in this Act, he or she | ||||||
21 | shall refer that person to a physician licensed to practice | ||||||
22 | medicine in all of its branches or another appropriate health | ||||||
23 | care practitioner.
| ||||||
24 | Section 25. Unlicensed practice; violation; civil penalty.
| ||||||
25 | (a) Beginning on January 1, 2006, any person who practices, | ||||||
26 | offers to practice, attempts to practice, or holds himself or | ||||||
27 | herself out to practice as a genetic counselor without being | ||||||
28 | licensed or exempt under this Act shall, in addition to any | ||||||
29 | other penalty provided by law, pay a civil penalty to the | ||||||
30 | Department in an amount not to exceed $5,000 for each offense, | ||||||
31 | as determined by the Department. Civil penalty shall be | ||||||
32 | assessed by the Department after a hearing is held in | ||||||
33 | accordance with the provisions set forth in this Act regarding |
| |||||||
| |||||||
1 | the provision of a hearing for the discipline of a licensee. | ||||||
2 | (b) The Department may investigate any actual, alleged, or | ||||||
3 | suspected unlicensed activity.
| ||||||
4 | (c) The civil penalty shall be paid within 60 days after | ||||||
5 | the effective date of the order imposing the civil penalty. The | ||||||
6 | order shall constitute a final judgment and may be filed and | ||||||
7 | execution had thereon in the same manner as any judgment from | ||||||
8 | any court of record.
| ||||||
9 | Section 30. Powers and duties of the Department. Subject to | ||||||
10 | the provisions of this Act, the Department may:
| ||||||
11 | (a) authorize examinations to ascertain the qualifications | ||||||
12 | and fitness of applicants for licensing as genetic counselors | ||||||
13 | and pass upon the qualifications of applicants for licensure by | ||||||
14 | endorsement;
| ||||||
15 | (b) conduct hearings on proceedings to refuse to issue or | ||||||
16 | renew or to revoke licenses or suspend, place on probation, | ||||||
17 | censure, or reprimand persons licensed under this Act, and to | ||||||
18 | refuse to issue or renew or to revoke licenses, or suspend, | ||||||
19 | place on probation, censure, or reprimand persons licensed | ||||||
20 | under this Act.
| ||||||
21 | (c) adopt rules necessary for the administration of this | ||||||
22 | Act; and
| ||||||
23 | (d) maintain rosters of the names and addresses of all | ||||||
24 | licensees and all persons whose licenses have been suspended, | ||||||
25 | revoked, or denied renewal for cause within the previous | ||||||
26 | calendar year. These rosters shall be available upon written | ||||||
27 | request and payment of the required fee. | ||||||
28 | Section 40. Application for original license. Applications | ||||||
29 | for original licenses shall be made to the Department on forms | ||||||
30 | prescribed by the Department and accompanied by the required | ||||||
31 | fee, which is not refundable. All applications shall contain | ||||||
32 | such information that, in the judgment of the Department, will |
| |||||||
| |||||||
1 | enable the Department to pass on the qualifications of the | ||||||
2 | applicant for a license to practice as a genetic counselor. | ||||||
3 | Section 45. Social Security Number on license application. | ||||||
4 | In addition to any other information required to be contained | ||||||
5 | in the application, every application for an original, renewal, | ||||||
6 | or restored license under this Act shall include the | ||||||
7 | applicant's Social Security Number. | ||||||
8 | Section 50. Examination; failure or refusal to take | ||||||
9 | examination.
| ||||||
10 | (a) Applicants for genetic counseling licensure must | ||||||
11 | provide evidence that they have successfully completed the | ||||||
12 | certification examination provided by the ABGC or ABMG, if they | ||||||
13 | are master's degree trained genetic counselors, or the ABMG, if | ||||||
14 | they are PhD trained medical geneticists; or successfully | ||||||
15 | completed the examination provided by the successor agencies of | ||||||
16 | the ABGC or ABMG. The examinations shall be of a character to | ||||||
17 | fairly test the competence and qualifications of the applicants | ||||||
18 | to practice genetic counseling. | ||||||
19 |
(b) If an applicant neglects, fails, or refuses to take an | ||||||
20 | examination or fails to pass an examination for a license under | ||||||
21 | this Act within 2 exam cycles after receiving a temporary | ||||||
22 | license, the application will be denied. However, such | ||||||
23 | applicant may thereafter make a new application for license | ||||||
24 | only if the applicant provides documentation of passing the | ||||||
25 | certification examination offered through the ABGC or ABMG or | ||||||
26 | their successor agencies and satisfies the requirements then in | ||||||
27 | existence for a license.
| ||||||
28 | Section 55. Qualifications for licensure.
A person shall be | ||||||
29 | qualified for licensure as a genetic counselor and the | ||||||
30 | Department shall issue a license if that person:
| ||||||
31 | (1) has applied in writing in form and substance |
| |||||||
| |||||||
1 | satisfactory to the Department; is at least 21 years of | ||||||
2 | age; | ||||||
3 | (2) has not engaged in conduct or activities which | ||||||
4 | would constitute grounds for discipline under this Act; | ||||||
5 | (3) has not violated any of the provisions of Sections | ||||||
6 | 20 or 25 of this Act or the rules promulgated thereunder. | ||||||
7 | The Department may take into consideration any felony | ||||||
8 | conviction of the applicant but such conviction shall not | ||||||
9 | operate as an absolute bar to licensure; | ||||||
10 | (4) has provided documentation of the successful | ||||||
11 | completion of the certification examination and current | ||||||
12 | certification provided by the American Board of Genetic | ||||||
13 | Counseling or the American Board of Medical Genetics, or | ||||||
14 | their successor agencies; and
| ||||||
15 | (5) has paid the fees required by this Act.
| ||||||
16 | Section 60. Temporary licensure.
| ||||||
17 | (a) A person shall be qualified for temporary licensure as | ||||||
18 | a genetic counselor and the Department shall issue a temporary | ||||||
19 | license if that person:
| ||||||
20 | (1) has successfully completed a Master's degree in | ||||||
21 | genetic counseling from an
ABGC or ABMG accredited training | ||||||
22 | program or its equivalent as established by the ABGC or is | ||||||
23 | a physician or has a doctoral degree and has successfully | ||||||
24 | completed an ABMG accredited medical genetics training | ||||||
25 | program or its equivalent as established by the ABMG; | ||||||
26 | (2) Has submitted evidence to the Department of active | ||||||
27 | candidate status for the certifying examination | ||||||
28 | administered by the ABGC or the ABMG or their successor | ||||||
29 | agencies; and
| ||||||
30 | (3) has made application to the Department and paid the | ||||||
31 | required fees.
| ||||||
32 | (b) A temporary license shall allow the applicant to | ||||||
33 | practice under the supervision of a qualified supervisor until |
| |||||||
| |||||||
1 | he or she receives certification from the ABGC or the ABMG or | ||||||
2 | their successor agencies or
2 exam cycles have elapsed, | ||||||
3 | whichever comes first.
| ||||||
4 | (c) Under no circumstances shall an applicant continue to | ||||||
5 | practice on the temporary license for more than 30 days after | ||||||
6 | notification that he or she has not passed the examination | ||||||
7 | within 2 exam cycles after receiving the temporary license. | ||||||
8 | However, the applicant may thereafter make a new application to | ||||||
9 | the Department for a license satisfying the requirements then | ||||||
10 | in existence for a license.
| ||||||
11 | Section 65. Licenses; renewal; restoration; person in | ||||||
12 | military service; inactive status.
| ||||||
13 | (a) The expiration date and renewal period for each license | ||||||
14 | issued under this Act shall be set by rule. The licensee may | ||||||
15 | renew a license during the 30-day period preceding its | ||||||
16 | expiration date by paying the required fee and demonstrating | ||||||
17 | compliance with continuing education requirements established | ||||||
18 | by rule.
| ||||||
19 | (b) Any person who has permitted a license to expire or who | ||||||
20 | has a license on inactive status may have it restored by | ||||||
21 | submitting an application to the Department and filing proof of | ||||||
22 | fitness, as defined by rule, to have the license restored, | ||||||
23 | including, if appropriate, evidence which is satisfactory to | ||||||
24 | the Department certifying the active practice of genetic | ||||||
25 | counseling in another jurisdiction, and by paying the required | ||||||
26 | fee.
| ||||||
27 | (c) If the person has not maintained an active practice in | ||||||
28 | another jurisdiction that is satisfactory to the Department, | ||||||
29 | the Department shall determine the person's fitness to resume | ||||||
30 | active status. The Department may also require the person to | ||||||
31 | complete a specific period of evaluated genetic counseling work | ||||||
32 | experience under the supervision of a qualified clinical | ||||||
33 | supervisor and may require demonstration of completion of |
| |||||||
| |||||||
1 | continuing education requirements.
| ||||||
2 | (d) Any person whose license expired while on active duty | ||||||
3 | with the armed forces of the United States, while called into | ||||||
4 | service or training with the State Militia, or while in | ||||||
5 | training or education under the supervision of the United | ||||||
6 | States government prior to induction into military service may | ||||||
7 | have his license restored without paying any renewal fees if, | ||||||
8 | within 2 years after the termination of such service, training, | ||||||
9 | or education, except under conditions other than honorable, the | ||||||
10 | Department is furnished with satisfactory evidence that the | ||||||
11 | person has been so engaged and that such service, training, or | ||||||
12 | education has been so terminated.
| ||||||
13 | (e) A license to practice shall not be denied any applicant | ||||||
14 | because of the applicant's race, religion, creed, national | ||||||
15 | origin, political beliefs or activities, age, sex, sexual | ||||||
16 | orientation, or physical impairment.
| ||||||
17 | Section 70. Implementation; transitional periods.
| ||||||
18 | (a) Upon enactment of this law, qualified applicants have 6 | ||||||
19 | months to submit the required fees, completed application, and | ||||||
20 | documentation of passing the American Board of Genetic | ||||||
21 | Counseling or American Board Medical Genetics certification | ||||||
22 | examination in order to obtain a genetic counselor license that | ||||||
23 | will allow the applicant to practice genetic counseling; or
| ||||||
24 | (b) Upon enactment of this law, qualified applicants have 6 | ||||||
25 | months to submit the required fees, completed application, and | ||||||
26 | documentation of active candidate status with the American | ||||||
27 | Board of Genetic Counseling or American Board Medical Genetics | ||||||
28 | in order to obtain a temporary genetic counselor license that | ||||||
29 | will allow the applicant to practice genetic counseling under | ||||||
30 | supervision as specified in this Act.
| ||||||
31 | Section 75. Fees; deposit of fees. The fees imposed under | ||||||
32 | this Act shall be set by rule and are not refundable.
All of |
| |||||||
| |||||||
1 | the fees collected under this Act shall be deposited into the | ||||||
2 | General Professions Dedicated Fund.
| ||||||
3 | Section 80. Checks or orders dishonored. Any person who | ||||||
4 | issues or delivers a check or other order to the Department | ||||||
5 | that is returned to the Department unpaid by the financial | ||||||
6 | institution upon which it is drawn shall pay to the Department, | ||||||
7 | in addition to the amount already owed to the Department, a | ||||||
8 | fine of $50. The fines imposed by this Section are in addition | ||||||
9 | to any other discipline provided under this Act prohibiting | ||||||
10 | unlicensed practice or practice on a nonrenewed license. The | ||||||
11 | Department shall notify the person that payment of fees and | ||||||
12 | fines shall be paid to the Department by certified check or | ||||||
13 | money order within 30 calendar days after notification. If, | ||||||
14 | after the expiration of 30 days from the date of the | ||||||
15 | notification, the person has failed to submit the necessary | ||||||
16 | remittance, the Department shall automatically terminate the | ||||||
17 | license or certification or deny the application, without | ||||||
18 | hearing. If, after termination or denial, the person seeks a | ||||||
19 | license or certificate, he or she shall apply to the Department | ||||||
20 | for restoration or issuance of the license or certificate and | ||||||
21 | pay all fees and fines due to the Department. The Department | ||||||
22 | may establish a fee for the processing of an application for | ||||||
23 | restoration of a license to pay all costs and expenses of | ||||||
24 | processing of this application. The Director may waive the | ||||||
25 | fines due under this Section in individual cases where the | ||||||
26 | Director finds that the fines would be unnecessarily | ||||||
27 | burdensome. | ||||||
28 | Section 85. Endorsement. The Department may issue a license | ||||||
29 | as a genetic counselor, to an applicant currently licensed | ||||||
30 | under the laws of another state or United States jurisdiction | ||||||
31 | whose standards, in the opinion of the Department, were | ||||||
32 | substantially equivalent at the date of his or her licensure in |
| |||||||
| |||||||
1 | the other jurisdiction to the requirements of this Act. Such an | ||||||
2 | applicant shall pay all of the required fees. Applicants have 6 | ||||||
3 | months from the date of application to complete the application | ||||||
4 | process. If the process has not been completed within 6 months, | ||||||
5 | the application shall be denied, the fee forfeited, and the | ||||||
6 | applicant must reapply and meet the requirements in effect at | ||||||
7 | the time of reapplication. | ||||||
8 | Section 90. Privileged communications and exceptions.
| ||||||
9 | (a) No licensed genetic counselor shall disclose any | ||||||
10 | information acquired from persons consulting the counselor in a | ||||||
11 | professional capacity, except that which may be voluntarily | ||||||
12 | disclosed under any of the following circumstances:
| ||||||
13 | (1) In the course of formally reporting, conferring, or | ||||||
14 | consulting with administrative superiors, colleagues, or | ||||||
15 | consultants who share professional responsibility, in | ||||||
16 | which instance all recipients of the information are | ||||||
17 | similarly bound to regard the communication as privileged.
| ||||||
18 | (2) With the written consent of the person who provided | ||||||
19 | the information.
| ||||||
20 | (3) In the case of death or disability, with the | ||||||
21 | written consent of a personal representative, other person | ||||||
22 | authorized to sue, or the beneficiary of an insurance | ||||||
23 | policy on the person's life, health or physical condition. | ||||||
24 | (4) When a communication reveals the intended | ||||||
25 | commission of a crime or harmful act and such disclosure is | ||||||
26 | judged necessary by the licensed genetic counselor to | ||||||
27 | protect any person from a clear, imminent risk of serious | ||||||
28 | mental or physical harm or injury, or to forestall a | ||||||
29 | serious threat to the public safety. | ||||||
30 | (5) When the person waives the privilege by bringing | ||||||
31 | any public charges against the licensee. | ||||||
32 | (b) When the person is a minor under the laws of the State | ||||||
33 | 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | one of the grounds for the discipline is the same or | ||||||
2 | substantially equivalent to those set forth in this | ||||||
3 | Section.
| ||||||
4 | (14) Directly or indirectly giving to or receiving from | ||||||
5 | any person, firm, corporation, partnership, or association | ||||||
6 | any fee, commission, rebate, or other form of compensation | ||||||
7 | for any professional service not actually rendered.
| ||||||
8 | (15) A finding by the that the licensee, after having | ||||||
9 | the license placed on probationary status has violated the | ||||||
10 | terms of probation
| ||||||
11 | (16) Failing to refer a client to other competent | ||||||
12 | professionals when the licensee is unable or unwilling to | ||||||
13 | adequately support or serve the client.
| ||||||
14 | (17) Willfully filing false reports relating to a | ||||||
15 | licensee's practice, including but not limited to false | ||||||
16 | records filed with federal or State agencies or | ||||||
17 | departments.
| ||||||
18 | (18) Willfully failing to report an instance of | ||||||
19 | suspected child abuse or neglect as required by the Abused | ||||||
20 | and Neglected Child Reporting Act.
| ||||||
21 | (19) Being named as a perpetrator in an indicated | ||||||
22 | report by the Department of Children and Family Services | ||||||
23 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
24 | and upon proof by clear and convincing evidence that the | ||||||
25 | licensee has caused a child to be an abused child or | ||||||
26 | neglected child as defined in the Abused and Neglected | ||||||
27 | Child Reporting Act.
| ||||||
28 | (20) Physical or mental disability, including | ||||||
29 | deterioration through the aging process or loss of | ||||||
30 | abilities and skills which results in the inability to | ||||||
31 | practice the profession with reasonable judgment, skill, | ||||||
32 | or safety.
| ||||||
33 | (21) Solicitation of professional services by using | ||||||
34 | false or misleading advertising.
|
| |||||||
| |||||||
1 | (22) Failing to file a return, or to pay the tax, | ||||||
2 | penalty of interest shown in a filed return, or to pay any | ||||||
3 | final assessment of tax, penalty or interest, as required | ||||||
4 | by any tax Act administered by the Illinois Department of | ||||||
5 | Revenue or any successor agency or the Internal Revenue | ||||||
6 | Service or any successor agency.
| ||||||
7 | (23) A finding that licensure has been applied for or | ||||||
8 | obtained by fraudulent means.
| ||||||
9 | (24) Practicing or attempting to practice under a name | ||||||
10 | other than the full name as shown on the license or any | ||||||
11 | other legally authorized name.
| ||||||
12 | (25) Gross overcharging for professional services, | ||||||
13 | including filing statements for collection of fees or | ||||||
14 | monies for which services are not rendered. | ||||||
15 | (26) Failing to enter pertinent patient interactions | ||||||
16 | into a patient's medical records.
| ||||||
17 | (b) The Department shall deny, without hearing, any | ||||||
18 | application or renewal for a license under this Act to any | ||||||
19 | person who has defaulted on an educational loan guaranteed by | ||||||
20 | the Illinois Student Assistance Commission; however, the | ||||||
21 | Department may issue a license or renewal if the person in | ||||||
22 | default has established a satisfactory repayment record as | ||||||
23 | determined by the Illinois Student Assistance Commission.
| ||||||
24 | (c) The determination by a court that a licensee is subject | ||||||
25 | to involuntary admission or judicial admission as provided in | ||||||
26 | the Mental Health and Developmental Disabilities Code will | ||||||
27 | result in an automatic suspension of his or her license. The | ||||||
28 | suspension will end upon a finding by a court that the licensee | ||||||
29 | is no longer subject to involuntary admission or judicial | ||||||
30 | admission, the issuance of an order so finding and discharging | ||||||
31 | the patient, and the recommendation of the Director that the | ||||||
32 | licensee be allowed to resume professional practice.
| ||||||
33 | Section 100. Violations; injunction; cease and desist |
| |||||||
| |||||||
1 | order.
| ||||||
2 | (a) If any person violates the provisions of this Act, the | ||||||
3 | Director may, in the name of the People of the State of | ||||||
4 | Illinois, through the Attorney General, petition for an order | ||||||
5 | enjoining the violation or for an order enforcing compliance | ||||||
6 | with this Act. Upon the filing of a verified petition, the | ||||||
7 | court with appropriate jurisdiction may issue a temporary | ||||||
8 | restraining order without notice or bond, and may preliminarily | ||||||
9 | and permanently enjoin the violation. If it is established that | ||||||
10 | the person has violated or is violating the injunction, the | ||||||
11 | court may punish the offender for contempt of court. | ||||||
12 | Proceedings under this Section are in addition to all other | ||||||
13 | remedies and penalties provided by this Act.
| ||||||
14 | (b) If any person holds himself or herself out as being a | ||||||
15 | licensed genetic counselor under this Act and is not licensed | ||||||
16 | to do so, then any licensed genetic counselor, interested | ||||||
17 | party, or any person injured thereby may petition for relief as | ||||||
18 | provided in subsection (a) of this Section.
| ||||||
19 | (c) Whenever, in the opinion of the Department, a person | ||||||
20 | violates any provision of this Act, the Department may issue a | ||||||
21 | rule to show cause why an order to cease and desist should not | ||||||
22 | be entered against that person. The rule shall clearly set | ||||||
23 | forth the grounds relied upon by the
Department and shall allow | ||||||
24 | at least 7 days from the date of the rule to file an answer | ||||||
25 | satisfactory to the Department. Failure to answer to the | ||||||
26 | satisfaction of the Department shall cause an order to cease | ||||||
27 | and desist to be issued.
| ||||||
28 | Section 105. Investigations; notice and hearing. The | ||||||
29 | Department may investigate the actions of any applicant or any | ||||||
30 | person holding or claiming to hold a license. The Department | ||||||
31 | shall, before revoking, suspending, placing on probation, | ||||||
32 | reprimanding, or taking any other disciplinary action under | ||||||
33 | Section 95 of this Act, at least 30 days prior to the date set |
| |||||||
| |||||||
1 | for the hearing, (i) notify the accused, in writing, of any | ||||||
2 | charges made and the time and place for the hearing on the | ||||||
3 | charges,
(ii) direct him or her to file a written answer to the | ||||||
4 | charges with the under oath within 20 days after service of the | ||||||
5 | notice, and (iii) inform the accused that, if he or she fails | ||||||
6 | to answer, default will be taken against him or her or that his | ||||||
7 | or her license or certificate may be suspended, revoked, placed | ||||||
8 | on probationary status, or other disciplinary action taken with | ||||||
9 | regard to the license, including limiting the scope, nature, or | ||||||
10 | extent of his or her practice, as the Department may deem | ||||||
11 | proper. In case the person, after receiving notice, fails to | ||||||
12 | file an answer, his or her license may, in the discretion of | ||||||
13 | the Department, be suspended, revoked, placed on probationary | ||||||
14 | status, or the Department may take whatever disciplinary action | ||||||
15 | deemed proper, including limiting the scope, nature, or extent | ||||||
16 | of the person's practice or the imposition of a fine, without a | ||||||
17 | hearing, if the act or acts charged constitute sufficient | ||||||
18 | grounds for such action under this Act. The written notice may | ||||||
19 | be served by personal delivery or certified mail to the address | ||||||
20 | specified by the accused in his or her last notification to the | ||||||
21 | Department.
| ||||||
22 | Section 110. Record of proceedings; transcript. The | ||||||
23 | Department, at its expense, shall preserve a record of all | ||||||
24 | proceedings at the formal hearing of any case. The notice of | ||||||
25 | hearing, complaint, all other documents in the nature of | ||||||
26 | pleadings, written motions filed in the proceedings, the | ||||||
27 | transcript of testimony, the report of the hearing officer, and | ||||||
28 | orders of the Department shall be in the record of such | ||||||
29 | proceeding. The Department shall furnish a transcript of the | ||||||
30 | record to any person interested in the hearing upon payment of | ||||||
31 | the fee required under Section 2105-115 of the Department of | ||||||
32 | Professional Regulation Law of the Civil Administrative Code of | ||||||
33 | Illinois. |
| |||||||
| |||||||
1 | Section 115. Subpoenas; depositions; oaths. The Department | ||||||
2 | has the power to subpoena and to bring before it any person and | ||||||
3 | to take testimony either orally or by deposition, or both, with | ||||||
4 | the same fees and mileage and in the same manner as prescribed | ||||||
5 | in civil cases in the courts of this State. The Director and | ||||||
6 | the designated hearing officer have the power to administer | ||||||
7 | oaths to witnesses at any hearing which the Department is | ||||||
8 | authorized to conduct, and any other oaths authorized in any | ||||||
9 | Act administered by the Department. | ||||||
10 | Section 120. Compelling testimony. Any court, upon | ||||||
11 | application of the Department, designated hearing officer, or | ||||||
12 | the applicant or licensee against whom proceedings under | ||||||
13 | Section 95 of this Act are pending, may enter an order | ||||||
14 | requiring the attendance of witnesses and their testimony and | ||||||
15 | the production of documents, papers, files, books, and records | ||||||
16 | in connection with any hearing or investigation. The court may | ||||||
17 | compel obedience to its order by proceedings for contempt. | ||||||
18 | Section 125. Findings and recommendations. At the | ||||||
19 | conclusion of the hearing, the hearing officer shall present to | ||||||
20 | the Director a written report of its findings of fact, | ||||||
21 | conclusions of law, and recommendations. The report shall | ||||||
22 | contain a finding whether the licensee violated this Act or | ||||||
23 | failed to comply with the conditions required in this Act. The | ||||||
24 | hearing officer shall specify the nature of the violation or | ||||||
25 | failure to comply, and shall make its recommendations to the | ||||||
26 | Director. The report of findings of fact, conclusions of law, | ||||||
27 | and recommendation of the hearing officer shall be the basis | ||||||
28 | for the Department's order for refusal or for the granting of | ||||||
29 | the license. If the Director disagrees with the recommendations | ||||||
30 | of the hearing officer, the Director may issue an order in | ||||||
31 | contravention of the hearing officer's recommendations. The |
| |||||||
| |||||||
1 | Director shall provide a written report to the hearing officer | ||||||
2 | on any disagreement and shall specify the reasons for the | ||||||
3 | action in the final order. The finding is not admissible in | ||||||
4 | evidence against the person in a criminal prosecution brought | ||||||
5 | for the violation of this Act, but the hearing and findings are | ||||||
6 | not a bar to a criminal prosecution brought for the violation | ||||||
7 | of this Act. | ||||||
8 | Section 130. Hearing officer; rehearing. At the conclusion | ||||||
9 | of the hearing, a copy of the hearing officer's report shall be | ||||||
10 | served upon the applicant or licensee by the Department, either | ||||||
11 | personally or as provided in this Act for the service of the | ||||||
12 | notice of hearing. Within 20 days after such service, the | ||||||
13 | applicant or licensee may present to the Department a motion in | ||||||
14 | writing for a rehearing, which shall specify the particular | ||||||
15 | grounds for rehearing. If no motion for a rehearing is filed, | ||||||
16 | then upon the expiration of the time specified for filing such | ||||||
17 | a motion, or if a motion for rehearing is denied, then upon | ||||||
18 | such denial, the Director may enter an order in accordance with | ||||||
19 | recommendations of the hearing officer, except as provided in | ||||||
20 | Section 125 of this Act. If the applicant or licensee requests | ||||||
21 | and pays for a transcript of the record within the time for | ||||||
22 | filing a motion for rehearing, the 20-day period within which a | ||||||
23 | motion may be filed shall commence upon the delivery of the | ||||||
24 | transcript to the applicant or licensee. | ||||||
25 | Section 135. Director; rehearing. Whenever the Director | ||||||
26 | believes justice has not been done in the revocation, | ||||||
27 | suspension, or refusal to issue or renew a license or the | ||||||
28 | discipline of a licensee, he or she may order a rehearing. | ||||||
29 | Section 140. Appointment of a hearing officer. The Director | ||||||
30 | has the authority to appoint any attorney licensed to practice | ||||||
31 | law in the State of Illinois to serve as the hearing officer in |
| |||||||
| |||||||
1 | any action for refusal to issue or renew a license or permit or | ||||||
2 | to discipline a licensee. The hearing officer has full | ||||||
3 | authority to conduct the hearing. The hearing officer shall | ||||||
4 | report his findings of fact, conclusions of law and | ||||||
5 | recommendations to the Director. The Director shall have 60 | ||||||
6 | calendar days from receipt of the report to review it and to | ||||||
7 | present his or her findings of fact, conclusions of law and | ||||||
8 | recommendations. If the Director disagrees with the | ||||||
9 | recommendation of the hearing officer, the Director may issue | ||||||
10 | an order in contravention of the recommendation. The Director | ||||||
11 | shall promptly provide a written explanation to the hearing | ||||||
12 | officer on any such disagreement. | ||||||
13 | Section 145. Order or certified copy; prima facie proof.
| ||||||
14 | An order or certified copy thereof, over the seal of the | ||||||
15 | Department and purporting to be signed by the Director, is | ||||||
16 | prima facie proof that:
| ||||||
17 | (1) the signature is the genuine signature of the Director;
| ||||||
18 | and | ||||||
19 | (2) the Director is duly appointed and qualified.
| ||||||
20 | Section 150. Restoration of suspended or revoked license. | ||||||
21 | At any time after the suspension or revocation of any license, | ||||||
22 | the Department may restore it to the licensee upon the written | ||||||
23 | recommendation of the hearing officer, unless after an | ||||||
24 | investigation and hearing the hearing officer determines that | ||||||
25 | restoration is not in the public interest. | ||||||
26 | Section 155. Surrender of license. Upon the revocation or | ||||||
27 | suspension of a license, the licensee shall immediately | ||||||
28 | surrender his or her license to the Department. If the licensee | ||||||
29 | fails to do so, the Department has the right to seize the | ||||||
30 | license. |
| |||||||
| |||||||
1 | Section 160. Summary suspension of license. The Director | ||||||
2 | may summarily suspend the license of a genetic counselor | ||||||
3 | without a hearing, simultaneously with the institution of | ||||||
4 | proceedings for a hearing provided for in Section 105 of this | ||||||
5 | Act, if the Director finds that evidence in the possession of | ||||||
6 | the Director indicates that the continuation of practice by the | ||||||
7 | genetic counselor would constitute an imminent danger to the | ||||||
8 | public. In the event that the Director summarily suspends the | ||||||
9 | license of an individual without a hearing, a hearing must be | ||||||
10 | held within 30 days after the suspension has occurred. | ||||||
11 | Section 165. Administrative review; venue.
| ||||||
12 | (a) All final administrative decisions of the Department | ||||||
13 | are subject to judicial review pursuant to the Administrative | ||||||
14 | Review Law and its rules. The term "administrative decision" is | ||||||
15 | defined as in Section 3-101 of the Code of Civil Procedure.
| ||||||
16 | (b) Proceedings for judicial review shall be commenced in | ||||||
17 | the circuit court of the county in which the party applying for | ||||||
18 | review resides, but if the party is not a resident of Illinois, | ||||||
19 | the venue shall be in Sangamon County.
| ||||||
20 | Section 170. Certification of record; costs. The | ||||||
21 | Department shall not be required to certify any record to the | ||||||
22 | court, to file an answer in court, or to otherwise appear in | ||||||
23 | any court in a judicial review proceeding, unless there is | ||||||
24 | filed in the court, with the complaint, a receipt from the | ||||||
25 | Department acknowledging payment of the costs of furnishing and | ||||||
26 | certifying the record. Failure on the part of the plaintiff to | ||||||
27 | file the receipt in court is grounds for dismissal of the | ||||||
28 | action. | ||||||
29 | Section 175. Violations. Unless otherwise specified, any | ||||||
30 | person found to have violated any provision of this Act is | ||||||
31 | guilty of a Class A misdemeanor. |
| |||||||
| |||||||
1 | Section 180. Administrative Procedure Act; application. | ||||||
2 | The Illinois Administrative Procedure Act is hereby expressly | ||||||
3 | adopted and incorporated in this Act as if all of the | ||||||
4 | provisions of such Act were included in this Act. | ||||||
5 | Section 185. Home rule. The regulation and licensing of | ||||||
6 | genetic counselors are exclusive powers and functions of the | ||||||
7 | State. A home rule unit may not regulate or license genetic | ||||||
8 | counselors. This Section is a denial and limitation of home | ||||||
9 | rule powers and functions under subsection (h) of Section 6 of | ||||||
10 | Article VII of the Illinois Constitution.
| ||||||
11 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
12 | Section
4.25 as follows:
| ||||||
13 | (5 ILCS 80/4.25 new)
| ||||||
14 | Sec. 4.25. Act repealed on January 1, 2015. The following | ||||||
15 | Act is repealed on January 1, 2015:
| ||||||
16 | The Genetic Counselor Licensing Act.
| ||||||
17 | Section 999. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|