Sen. Richard J. Winkel Jr.
Filed: 5/26/2004
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1 | AMENDMENT TO HOUSE BILL 4200
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2 | AMENDMENT NO. ______. Amend House Bill 4200, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Genetic Counselor Licensing Act. | ||||||
7 | Section 5. Declaration of public policy. The mapping of | ||||||
8 | the human genome continues to result in the rapid expansion of | ||||||
9 | genetic knowledge and a proliferation of testing for genetic | ||||||
10 | conditions. This has created a need for qualified genetics | ||||||
11 | professionals, including genetic counselors, to coordinate an | ||||||
12 | assessment, to deliver accurate information to families, to | ||||||
13 | assist the families in adjusting to the implications of their | ||||||
14 | diagnoses, 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 |
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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.
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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.
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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.
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26 | "Genetic counseling" consists of the following: | ||||||
27 | (A) Estimating the likelihood of occurrence or | ||||||
28 | recurrence of a birth defect or of any potentially | ||||||
29 | inherited or genetically influenced condition. This | ||||||
30 | assessment may involve: | ||||||
31 | (i) obtaining and analyzing a complete health | ||||||
32 | history of the person and his or her family; | ||||||
33 | (ii) reviewing pertinent medical records; |
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1 | (iii) evaluating the risks from exposure to | ||||||
2 | possible mutagens or teratogens; | ||||||
3 | (iv) recommending genetic testing or other | ||||||
4 | evaluations to diagnose a condition or determine the | ||||||
5 | carrier status of one or more family members; | ||||||
6 | (B) Helping the individual, family, health care | ||||||
7 | provider, or health care professional
(i) appreciate the | ||||||
8 | medical, psychological and social implications of a | ||||||
9 | disorder, including its features, variability, usual | ||||||
10 | course and management options, (ii) learn how genetic | ||||||
11 | factors contribute to the disorder and affect the chance | ||||||
12 | for recurrence of the condition in other family members, | ||||||
13 | and (iii) understand available options for coping with, | ||||||
14 | preventing, or reducing the chance of
occurrence or | ||||||
15 | recurrence of a condition.
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16 | (C) Facilitating an individual's or family's
(i) | ||||||
17 | exploration of the perception of risk and burden associated | ||||||
18 | with the disorder and (ii) adjustment and adaptation to the | ||||||
19 | condition or their genetic risk by addressing needs for
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20 | psychological, social, and medical support.
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21 | "Genetic counselor" means a person licensed under this Act | ||||||
22 | to engage in the practice of genetic counseling. | ||||||
23 | "Person" means an individual, association, partnership, or | ||||||
24 | corporation. | ||||||
25 | "Qualified supervisor" means any person who is a licensed | ||||||
26 | genetic counselor, as defined by rule, or a physician licensed | ||||||
27 | to practice medicine in all its branches. A qualified | ||||||
28 | supervisor may be provided at the applicant's place of work, or | ||||||
29 | may be contracted by the applicant to provide supervision. The | ||||||
30 | qualified supervisor shall file written documentation to the | ||||||
31 | Department of employment, discharge, or supervisory control of | ||||||
32 | a genetic counselor at the time of employment, discharge, or | ||||||
33 | assumption of supervision of a genetic counselor. | ||||||
34 | "Supervision" means review of aspects of genetic |
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1 | counseling and case management in a bimonthly meeting with the | ||||||
2 | person under supervision. | ||||||
3 | Section 15. Exemptions.
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4 | (a) This Act does not prohibit any persons legally | ||||||
5 | regulated in this State by any other Act from engaging in the | ||||||
6 | practice for which they are authorized as long as they do not | ||||||
7 | represent themselves by the title of "genetic counselor" or | ||||||
8 | "licensed genetic counselor". This Act does not prohibit the | ||||||
9 | practice of nonregulated professions whose practitioners are | ||||||
10 | engaged in the delivery of human services as long as these | ||||||
11 | practitioners do not represent themselves as or use the title | ||||||
12 | of "genetic counselor" or "licensed genetic counselor".
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13 | (b) Nothing in this Act shall be construed to limit the | ||||||
14 | activities and services of (i) a student, intern, resident, or | ||||||
15 | fellow in genetic counseling or genetics seeking to fulfill | ||||||
16 | educational requirements in order to qualify for a license | ||||||
17 | under this Act if these activities and services constitute a | ||||||
18 | part of the student's supervised course of study or (ii) an | ||||||
19 | individual seeking to fulfill the post-degree experience | ||||||
20 | requirements in order to qualify for licensing under this Act, | ||||||
21 | as long as the activities and services are supervised by a | ||||||
22 | qualified supervisor. A student, intern, resident, or fellow | ||||||
23 | must be designated by the title "intern", "resident", "fellow", | ||||||
24 | or any other designation of trainee status. Nothing contained | ||||||
25 | in this subsection shall be construed to permit students, | ||||||
26 | interns, residents, or fellows to offer their services as | ||||||
27 | genetic counselors or geneticists to any other person and to | ||||||
28 | accept remuneration for such genetic counseling services, | ||||||
29 | except as specifically provided in this subsection or | ||||||
30 | subsection (c).
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31 | (c) Corporations, partnerships, and associations may | ||||||
32 | employ students, interns, or post-degree candidates seeking to | ||||||
33 | fulfill educational requirements or the professional |
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1 | experience requirements needed to qualify for a license under | ||||||
2 | this Act if their activities and services constitute a part of | ||||||
3 | the student's supervised course of study or post-degree | ||||||
4 | professional experience requirements. Nothing in this | ||||||
5 | subsection shall prohibit a corporation, partnership, or | ||||||
6 | association from contracting with a licensed health care | ||||||
7 | professional to provide services that they are licensed to | ||||||
8 | provide.
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9 | (d) Nothing in this Act shall prevent the employment, by a | ||||||
10 | genetic counselor, person, association, partnership, or | ||||||
11 | corporation furnishing genetic counseling services for | ||||||
12 | remuneration, of persons not licensed as genetic counselors | ||||||
13 | under this Act to perform services in various capacities as | ||||||
14 | needed, if these persons are not in any manner held out to the | ||||||
15 | public or do not hold themselves out to the public by any title | ||||||
16 | or designation stating or implying that they are genetic | ||||||
17 | counselors.
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18 | (e) Nothing in this Act shall be construed to limit the | ||||||
19 | services of a person, not licensed under the provisions of this | ||||||
20 | Act, in the employ of a federal, State, county, or municipal | ||||||
21 | agency or other political subdivision or not-for-profit | ||||||
22 | corporation providing human services if (i) the services are a | ||||||
23 | part of the duties in his or her salaried position, (ii) the | ||||||
24 | services are performed solely on behalf of his or her employer, | ||||||
25 | and (iii) that person does not in any manner represent himself | ||||||
26 | or herself as or use the title of "genetic counselor" or | ||||||
27 | "licensed genetic counselor".
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28 | (f) Duly recognized members of any religious organization | ||||||
29 | shall not be restricted from functioning in their ministerial | ||||||
30 | capacity provided they do not represent themselves as being | ||||||
31 | genetic counselors or as providing genetic counseling. | ||||||
32 | (g) Nothing in this Act shall be construed to require or | ||||||
33 | prohibit any hospital, clinic, home health agency, hospice, or | ||||||
34 | other entity that provides health care to employ or to contract |
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1 | with a person licensed under this Act to provide genetic | ||||||
2 | counseling services. | ||||||
3 | (h) Nothing in this Act shall be construed to prevent any | ||||||
4 | licensed social worker, licensed clinical social worker, | ||||||
5 | licensed clinical psychologist, licensed professional | ||||||
6 | counselor, or licensed clinical professional counselor from | ||||||
7 | practicing professional counseling as long as that person is | ||||||
8 | not in any manner held out to the public as a "genetic | ||||||
9 | counselor" or "licensed genetic counselor" or does not hold out | ||||||
10 | his or her services as being genetic counseling.
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11 | (i) Nothing in this Act shall be construed to limit the | ||||||
12 | practice of a person not licensed under this Act who is a | ||||||
13 | physician licensed to practice medicine in all of its branches | ||||||
14 | under the Medical Practice Act of 1987 or intern, fellow, or | ||||||
15 | resident from using the title "genetic counselor" or any other | ||||||
16 | title tending to indicate they are a genetic counselor.
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17 | (j) Nothing in the Act shall prohibit a visiting ABGC or | ||||||
18 | ABMG certified genetic counselor from outside the State working | ||||||
19 | as a consultant, or organizations from outside the State | ||||||
20 | employing ABGC or ABMG certified genetic counselors providing | ||||||
21 | occasional services, who are not licensed under this Act, from | ||||||
22 | engaging in the practice of genetic counseling subject to the | ||||||
23 | stated circumstances and limitations.
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24 | Section 20. Restrictions and limitations.
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25 | (a) Beginning on January 1, 2006, except as provided in | ||||||
26 | Section 15, no person shall, without a valid license as a | ||||||
27 | genetic counselor issued by the Department (i) in any manner | ||||||
28 | hold himself or herself out to the public as a genetic | ||||||
29 | counselor under this Act; (ii) use in connection with his or | ||||||
30 | her name or place of business the title "genetic counselor", | ||||||
31 | "licensed genetic counselor", "gene counselor", "genetic | ||||||
32 | consultant", or "genetic associate" or any words, letters, | ||||||
33 | abbreviations, or insignia indicating or implying a person has |
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1 | met the qualifications for or has the license issued under this | ||||||
2 | Act; or (iii) offer to render or render to individuals, | ||||||
3 | corporations, or the public genetic counseling services if the | ||||||
4 | words "genetic counselor" or "licensed genetic counselor" are | ||||||
5 | used to describe the person offering to render or rendering | ||||||
6 | them, or "genetic counseling" is used to describe the services | ||||||
7 | rendered or offered to be rendered.
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8 | (b) Beginning on January 1, 2006, no licensed genetic | ||||||
9 | counselor may provide genetic counseling to individuals | ||||||
10 | couples, groups, or families without a written referral from a | ||||||
11 | physician licensed to practice medicine in all its branches, an | ||||||
12 | advanced practice nurse who has a collaborative agreement with | ||||||
13 | a collaborating physician that authorizes referrals to a | ||||||
14 | genetic counselor, or a physician assistant who has been | ||||||
15 | delegated authority to make referrals to genetic counselors. | ||||||
16 | The physician, advanced practice nurse, or physician assistant | ||||||
17 | shall maintain supervision of the patient and be provided | ||||||
18 | written reports on the services provided by the licensed | ||||||
19 | genetic counselor. Genetic testing shall be ordered by a | ||||||
20 | physician licensed to practice medicine in all its branches. | ||||||
21 | Genetic test reports shall be provided to the referring | ||||||
22 | physician, advanced practice nurse, or physician assistant. | ||||||
23 | General seminars or talks to groups or organizations on genetic | ||||||
24 | counseling that do not include individual, couple, or family | ||||||
25 | specific counseling may be conducted without a referral. | ||||||
26 | (c) Beginning on January 1, 2006, no association or | ||||||
27 | partnership shall practice genetic counseling unless every | ||||||
28 | member, partner, and employee of the association or partnership | ||||||
29 | who practices genetic counseling or who renders genetic | ||||||
30 | counseling services holds a valid license issued under this | ||||||
31 | Act. No license shall be issued to a corporation, the stated | ||||||
32 | purpose of which includes or which practices or which holds | ||||||
33 | itself out as available to practice genetic counseling, unless | ||||||
34 | it is organized under the Professional Service Corporation Act.
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1 | (d) Nothing in this Act shall be construed as permitting | ||||||
2 | persons licensed as genetic counselors to engage in any manner | ||||||
3 | in the practice of medicine in all its branches as defined by | ||||||
4 | law in this State.
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5 | (e) Nothing in this Act shall be construed to authorize a | ||||||
6 | licensed genetic counselor to diagnose, test, or treat any | ||||||
7 | genetic or other disease or condition. | ||||||
8 | (f) When, in the course of providing genetic counseling | ||||||
9 | services to any person, a genetic counselor licensed under this | ||||||
10 | Act finds any indication of a disease or condition that in his | ||||||
11 | or her professional judgment requires professional service | ||||||
12 | outside the scope of practice as defined in this Act, he or she | ||||||
13 | shall refer that person to a physician licensed to practice | ||||||
14 | medicine in all of its branches.
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15 | Section 25. Unlicensed practice; violation; civil penalty.
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16 | (a) Beginning on January 1, 2006, any person who practices, | ||||||
17 | offers to practice, attempts to practice, or holds himself or | ||||||
18 | herself out to practice as a genetic counselor without being | ||||||
19 | licensed or exempt under this Act shall, in addition to any | ||||||
20 | other penalty provided by law, pay a civil penalty to the | ||||||
21 | Department in an amount not to exceed $5,000 for each offense, | ||||||
22 | as determined by the Department. Civil penalty shall be | ||||||
23 | assessed by the Department after a hearing is held in | ||||||
24 | accordance with the provisions set forth in this Act regarding | ||||||
25 | the provision of a hearing for the discipline of a licensee. | ||||||
26 | (b) The Department may investigate any actual, alleged, or | ||||||
27 | suspected unlicensed activity.
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28 | (c) The civil penalty shall be paid within 60 days after | ||||||
29 | the effective date of the order imposing the civil penalty. The | ||||||
30 | order shall constitute a final judgment and may be filed and | ||||||
31 | execution had thereon in the same manner as any judgment from | ||||||
32 | any court of record.
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1 | Section 30. Powers and duties of the Department. Subject to | ||||||
2 | the provisions of this Act, the Department may:
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3 | (a) authorize examinations to ascertain the qualifications | ||||||
4 | and fitness of applicants for licensing as genetic counselors | ||||||
5 | and pass upon the qualifications of applicants for licensure by | ||||||
6 | endorsement;
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7 | (b) conduct hearings on proceedings to refuse to issue or | ||||||
8 | renew or to revoke licenses or suspend, place on probation, | ||||||
9 | censure, or reprimand persons licensed under this Act, and to | ||||||
10 | refuse to issue or renew or to revoke licenses, or suspend, | ||||||
11 | place on probation, censure, or reprimand persons licensed | ||||||
12 | under this Act.
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13 | (c) adopt rules necessary for the administration of this | ||||||
14 | Act; and
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15 | (d) maintain rosters of the names and addresses of all | ||||||
16 | licensees and all persons whose licenses have been suspended, | ||||||
17 | revoked, or denied renewal for cause within the previous | ||||||
18 | calendar year. These rosters shall be available upon written | ||||||
19 | request and payment of the required fee. | ||||||
20 | Section 40. Application for original license. Applications | ||||||
21 | for original licenses shall be made to the Department on forms | ||||||
22 | prescribed by the Department and accompanied by the required | ||||||
23 | fee, which is not refundable. All applications shall contain | ||||||
24 | such information that, in the judgment of the Department, will | ||||||
25 | enable the Department to pass on the qualifications of the | ||||||
26 | applicant for a license to practice as a genetic counselor. | ||||||
27 | Section 45. Social Security Number on license application. | ||||||
28 | In addition to any other information required to be contained | ||||||
29 | in the application, every application for an original, renewal, | ||||||
30 | or restored license under this Act shall include the | ||||||
31 | applicant's Social Security Number. |
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1 | Section 50. Examination; failure or refusal to take | ||||||
2 | examination.
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3 | (a) Applicants for genetic counseling licensure must | ||||||
4 | provide evidence that they have successfully completed the | ||||||
5 | certification examination provided by the ABGC or ABMG, if they | ||||||
6 | are master's degree trained genetic counselors, or the ABMG, if | ||||||
7 | they are PhD trained medical geneticists; or successfully | ||||||
8 | completed the examination provided by the successor agencies of | ||||||
9 | the ABGC or ABMG. The examinations shall be of a character to | ||||||
10 | fairly test the competence and qualifications of the applicants | ||||||
11 | to practice genetic counseling. | ||||||
12 |
(b) If an applicant neglects, fails, or refuses to take an | ||||||
13 | examination or fails to pass an examination for a license under | ||||||
14 | this Act within 2 exam cycles after receiving a temporary | ||||||
15 | license, the application will be denied. However, such | ||||||
16 | applicant may thereafter make a new application for license | ||||||
17 | only if the applicant provides documentation of passing the | ||||||
18 | certification examination offered through the ABGC or ABMG or | ||||||
19 | their successor agencies and satisfies the requirements then in | ||||||
20 | existence for a license.
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21 | Section 55. Qualifications for licensure.
A person shall be | ||||||
22 | qualified for licensure as a genetic counselor and the | ||||||
23 | Department shall issue a license if that person:
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24 | (1) has applied in writing in form and substance | ||||||
25 | satisfactory to the Department; is at least 21 years of | ||||||
26 | age; | ||||||
27 | (2) has not engaged in conduct or activities which | ||||||
28 | would constitute grounds for discipline under this Act; | ||||||
29 | (3) has not violated any of the provisions of Sections | ||||||
30 | 20 or 25 of this Act or the rules promulgated thereunder. | ||||||
31 | The Department may take into consideration any felony | ||||||
32 | conviction of the applicant but such conviction shall not | ||||||
33 | operate as an absolute bar to licensure; |
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1 | (4) has provided documentation of the successful | ||||||
2 | completion of the certification examination and current | ||||||
3 | certification provided by the American Board of Genetic | ||||||
4 | Counseling or the American Board of Medical Genetics, or | ||||||
5 | their successor agencies; and
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6 | (5) has paid the fees required by this Act.
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7 | Section 60. Temporary licensure.
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8 | (a) A person shall be qualified for temporary licensure as | ||||||
9 | a genetic counselor and the Department shall issue a temporary | ||||||
10 | license if that person:
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11 | (1) has successfully completed a Master's degree in | ||||||
12 | genetic counseling from an
ABGC or ABMG accredited training | ||||||
13 | program or its equivalent as established by the ABGC or is | ||||||
14 | a physician or has a doctoral degree and has successfully | ||||||
15 | completed an ABMG accredited medical genetics training | ||||||
16 | program or its equivalent as established by the ABMG; | ||||||
17 | (2) Has submitted evidence to the Department of active | ||||||
18 | candidate status for the certifying examination | ||||||
19 | administered by the ABGC or the ABMG or their successor | ||||||
20 | agencies; and
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21 | (3) has made application to the Department and paid the | ||||||
22 | required fees.
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23 | (b) A temporary license shall allow the applicant to | ||||||
24 | practice under the supervision of a qualified supervisor until | ||||||
25 | he or she receives certification from the ABGC or the ABMG or | ||||||
26 | their successor agencies or
2 exam cycles have elapsed, | ||||||
27 | whichever comes first.
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28 | (c) Under no circumstances shall an applicant continue to | ||||||
29 | practice on the temporary license for more than 30 days after | ||||||
30 | notification that he or she has not passed the examination | ||||||
31 | within 2 exam cycles after receiving the temporary license. | ||||||
32 | However, the applicant may thereafter make a new application to | ||||||
33 | the Department for a license satisfying the requirements then |
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1 | in existence for a license.
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2 | Section 65. Licenses; renewal; restoration; person in | ||||||
3 | military service; inactive status.
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4 | (a) The expiration date and renewal period for each license | ||||||
5 | issued under this Act shall be set by rule. The licensee may | ||||||
6 | renew a license during the 30-day period preceding its | ||||||
7 | expiration date by paying the required fee and demonstrating | ||||||
8 | compliance with continuing education requirements established | ||||||
9 | by rule.
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10 | (b) Any person who has permitted a license to expire or who | ||||||
11 | has a license on inactive status may have it restored by | ||||||
12 | submitting an application to the Department and filing proof of | ||||||
13 | fitness, as defined by rule, to have the license restored, | ||||||
14 | including, if appropriate, evidence which is satisfactory to | ||||||
15 | the Department certifying the active practice of genetic | ||||||
16 | counseling in another jurisdiction, and by paying the required | ||||||
17 | fee.
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18 | (c) If the person has not maintained an active practice in | ||||||
19 | another jurisdiction that is satisfactory to the Department, | ||||||
20 | the Department shall determine the person's fitness to resume | ||||||
21 | active status. The Department may also require the person to | ||||||
22 | complete a specific period of evaluated genetic counseling work | ||||||
23 | experience under the supervision of a qualified clinical | ||||||
24 | supervisor and may require demonstration of completion of | ||||||
25 | continuing education requirements.
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26 | (d) Any person whose license expired while on active duty | ||||||
27 | with the armed forces of the United States, while called into | ||||||
28 | service or training with the State Militia, or while in | ||||||
29 | training or education under the supervision of the United | ||||||
30 | States government prior to induction into military service may | ||||||
31 | have his license restored without paying any renewal fees if, | ||||||
32 | within 2 years after the termination of such service, training, | ||||||
33 | or education, except under conditions other than honorable, the |
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1 | Department is furnished with satisfactory evidence that the | ||||||
2 | person has been so engaged and that such service, training, or | ||||||
3 | education has been so terminated.
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4 | (e) A license to practice shall not be denied any applicant | ||||||
5 | because of the applicant's race, religion, creed, national | ||||||
6 | origin, political beliefs or activities, age, sex, sexual | ||||||
7 | orientation, or physical impairment.
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8 | Section 70. Implementation; transitional periods.
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9 | (a) Upon enactment of this law, qualified applicants have 6 | ||||||
10 | months to submit the required fees, completed application, and | ||||||
11 | documentation of passing the American Board of Genetic | ||||||
12 | Counseling or American Board Medical Genetics certification | ||||||
13 | examination in order to obtain a genetic counselor license that | ||||||
14 | will allow the applicant to practice genetic counseling; or
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15 | (b) Upon enactment of this law, qualified applicants have 6 | ||||||
16 | months to submit the required fees, completed application, and | ||||||
17 | documentation of active candidate status with the American | ||||||
18 | Board of Genetic Counseling or American Board Medical Genetics | ||||||
19 | in order to obtain a temporary genetic counselor license that | ||||||
20 | will allow the applicant to practice genetic counseling under | ||||||
21 | supervision as specified in this Act.
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22 | Section 75. Fees; deposit of fees. The fees imposed under | ||||||
23 | this Act shall be set by rule and are not refundable.
All of | ||||||
24 | the fees collected under this Act shall be deposited into the | ||||||
25 | General Professions Dedicated Fund.
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26 | Section 80. Checks or orders dishonored. Any person who | ||||||
27 | issues or delivers a check or other order to the Department | ||||||
28 | that is returned to the Department unpaid by the financial | ||||||
29 | institution upon which it is drawn shall pay to the Department, | ||||||
30 | in addition to the amount already owed to the Department, a | ||||||
31 | fine of $50. The fines imposed by this Section are in addition |
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1 | to any other discipline provided under this Act prohibiting | ||||||
2 | unlicensed practice or practice on a nonrenewed license. The | ||||||
3 | Department shall notify the person that payment of fees and | ||||||
4 | fines shall be paid to the Department by certified check or | ||||||
5 | money order within 30 calendar days after notification. If, | ||||||
6 | after the expiration of 30 days from the date of the | ||||||
7 | notification, the person has failed to submit the necessary | ||||||
8 | remittance, the Department shall automatically terminate the | ||||||
9 | license or certification or deny the application, without | ||||||
10 | hearing. If, after termination or denial, the person seeks a | ||||||
11 | license or certificate, he or she shall apply to the Department | ||||||
12 | for restoration or issuance of the license or certificate and | ||||||
13 | pay all fees and fines due to the Department. The Department | ||||||
14 | may establish a fee for the processing of an application for | ||||||
15 | restoration of a license to pay all costs and expenses of | ||||||
16 | processing of this application. The Director may waive the | ||||||
17 | fines due under this Section in individual cases where the | ||||||
18 | Director finds that the fines would be unnecessarily | ||||||
19 | burdensome. | ||||||
20 | Section 85. Endorsement. The Department may issue a license | ||||||
21 | as a genetic counselor, to an applicant currently licensed | ||||||
22 | under the laws of another state or United States jurisdiction | ||||||
23 | whose standards, in the opinion of the Department, were | ||||||
24 | substantially equivalent at the date of his or her licensure in | ||||||
25 | the other jurisdiction to the requirements of this Act. Such an | ||||||
26 | applicant shall pay all of the required fees. Applicants have 6 | ||||||
27 | months from the date of application to complete the application | ||||||
28 | process. If the process has not been completed within 6 months, | ||||||
29 | the application shall be denied, the fee forfeited, and the | ||||||
30 | applicant must reapply and meet the requirements in effect at | ||||||
31 | the time of reapplication. | ||||||
32 | Section 90. Privileged communications and exceptions.
|
| |||||||
| |||||||
1 | (a) No licensed genetic counselor shall disclose any | ||||||
2 | information acquired from persons consulting the counselor in a | ||||||
3 | professional capacity, except that which may be voluntarily | ||||||
4 | disclosed under any of the following circumstances:
| ||||||
5 | (1) In the course of formally reporting, conferring, or | ||||||
6 | consulting with administrative superiors, colleagues, or | ||||||
7 | consultants who share professional responsibility, in | ||||||
8 | which instance all recipients of the information are | ||||||
9 | similarly bound to regard the communication as privileged.
| ||||||
10 | (2) With the written consent of the person who provided | ||||||
11 | the information and about whom the information concerns.
| ||||||
12 | (3) In the case of death or disability, with the | ||||||
13 | written consent of a personal representative. | ||||||
14 | (4) When a communication reveals the intended | ||||||
15 | commission of a crime or harmful act and such disclosure is | ||||||
16 | judged necessary in the professional judgment of the | ||||||
17 | licensed genetic counselor to protect any person from a | ||||||
18 | clear risk of serious mental or physical harm or injury or | ||||||
19 | to forestall a serious threat to the public safety. | ||||||
20 | (5) When the person waives the privilege by bringing | ||||||
21 | any public charges or filing a lawsuit against the | ||||||
22 | licensee. | ||||||
23 | (b) Any person having access to records or anyone who | ||||||
24 | participates in providing genetic counseling services, or in | ||||||
25 | providing any human services, or is supervised by a licensed | ||||||
26 | genetic counselor is similarly bound to regard all information | ||||||
27 | and communications as privileged in accord with this Section.
| ||||||
28 | (c) The Mental Health and Developmental Disabilities | ||||||
29 | Confidentiality Act is incorporated herein as if all of its | ||||||
30 | provisions were included in this Act. In the event of a | ||||||
31 | conflict between the application of this Section and the Mental | ||||||
32 | Health and Developmental Disabilities Confidentiality Act to a | ||||||
33 | specific situation, the provisions of the Mental Health and | ||||||
34 | Developmental Disabilities Confidentiality Act shall control.
|
| |||||||
| |||||||
1 | Section 95. Grounds for discipline.
| ||||||
2 | (a) The Department may refuse to issue, renew, or may | ||||||
3 | revoke, suspend, place on probation, reprimand, or take other | ||||||
4 | disciplinary action as the Department deems appropriate, | ||||||
5 | including the issuance of fines not to exceed $1,000 for each | ||||||
6 | violation, with regard to any license for any one or more of | ||||||
7 | the following: | ||||||
8 | (1) Material misstatement in furnishing information to | ||||||
9 | the Department or to any other State agency.
| ||||||
10 | (2) Violations or negligent or intentional disregard | ||||||
11 | of this Act, or any of its rules.
| ||||||
12 | (3) Conviction of any crime under the laws of the | ||||||
13 | United States or any state or territory thereof that is a | ||||||
14 | felony, a misdemeanor, an essential element of which is | ||||||
15 | dishonesty, or a crime that is directly related to the | ||||||
16 | practice of the profession.
| ||||||
17 | (4) Making any misrepresentation for the purpose of | ||||||
18 | obtaining a license, or violating any provision of this Act | ||||||
19 | or its rules. | ||||||
20 | (5) Professional incompetence or gross negligence in | ||||||
21 | the rendering of genetic counseling services.
| ||||||
22 | (6) Gross or repeated negligence.
| ||||||
23 | (7) Aiding or assisting another person in violating any | ||||||
24 | provision of this Act or any rules.
| ||||||
25 | (8) Failing to provide information within 60 days in | ||||||
26 | response to a written request made by the Department.
| ||||||
27 | (9) Engaging in dishonorable, unethical, or | ||||||
28 | unprofessional conduct of a character likely to deceive, | ||||||
29 | defraud, or harm the public and violating the rules of | ||||||
30 | professional conduct adopted by the Department.
| ||||||
31 | (10) Failing to maintain the confidentiality of any | ||||||
32 | information received from a client, unless otherwise | ||||||
33 | authorized or required by law.
|
| |||||||
| |||||||
1 | (11) Exploiting a client for personal advantage, | ||||||
2 | profit, or interest.
| ||||||
3 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics, stimulants, or any other chemical agent or drug | ||||||
5 | which results in inability to practice with reasonable | ||||||
6 | skill, judgment, or safety.
| ||||||
7 | (13) Discipline by another jurisdiction, if at least | ||||||
8 | one of the grounds for the discipline is the same or | ||||||
9 | substantially equivalent to those set forth in this | ||||||
10 | Section.
| ||||||
11 | (14) Directly or indirectly giving to or receiving from | ||||||
12 | any person, firm, corporation, partnership, or association | ||||||
13 | any fee, commission, rebate, or other form of compensation | ||||||
14 | for any professional service not actually rendered.
| ||||||
15 | (15) A finding by the Department that the licensee, | ||||||
16 | after having the license placed on probationary status has | ||||||
17 | violated the terms of probation
| ||||||
18 | (16) Failing to refer a client to other health care | ||||||
19 | professionals when the licensee is unable or unwilling to | ||||||
20 | adequately support or serve the client.
| ||||||
21 | (17) Willfully filing false reports relating to a | ||||||
22 | licensee's practice, including but not limited to false | ||||||
23 | records filed with federal or State agencies or | ||||||
24 | departments.
| ||||||
25 | (18) Willfully failing to report an instance of | ||||||
26 | suspected child abuse or neglect as required by the Abused | ||||||
27 | and Neglected Child Reporting Act.
| ||||||
28 | (19) Being named as a perpetrator in an indicated | ||||||
29 | report by the Department of Children and Family Services | ||||||
30 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
31 | and upon proof by clear and convincing evidence that the | ||||||
32 | licensee has caused a child to be an abused child or | ||||||
33 | neglected child as defined in the Abused and Neglected | ||||||
34 | Child Reporting Act.
|
| |||||||
| |||||||
1 | (20) Physical or mental disability, including | ||||||
2 | deterioration through the aging process or loss of | ||||||
3 | abilities and skills which results in the inability to | ||||||
4 | practice the profession with reasonable judgment, skill, | ||||||
5 | or safety.
| ||||||
6 | (21) Solicitation of professional services by using | ||||||
7 | false or misleading advertising.
| ||||||
8 | (22) Failure to file a return, or to pay the tax, | ||||||
9 | penalty of interest shown in a filed return, or to pay any | ||||||
10 | final assessment of tax, penalty or interest, as required | ||||||
11 | by any tax Act administered by the Illinois Department of | ||||||
12 | Revenue or any successor agency or the Internal Revenue | ||||||
13 | Service or any successor agency.
| ||||||
14 | (23) A finding that licensure has been applied for or | ||||||
15 | obtained by fraudulent means.
| ||||||
16 | (24) Practicing or attempting to practice under a name | ||||||
17 | other than the full name as shown on the license or any | ||||||
18 | other legally authorized name.
| ||||||
19 | (25) Gross overcharging for professional services, | ||||||
20 | including filing statements for collection of fees or | ||||||
21 | monies for which services are not rendered.
| ||||||
22 | (b) The Department shall deny, without hearing, any | ||||||
23 | application or renewal for a license under this Act to any | ||||||
24 | person who has defaulted on an educational loan guaranteed by | ||||||
25 | the Illinois State Assistance Commission; however, the | ||||||
26 | Department may issue a license or renewal if the person in | ||||||
27 | default has established a satisfactory repayment record as | ||||||
28 | determined by the Illinois Student Assistance Commission.
| ||||||
29 | (c) The determination by a court that a licensee is subject | ||||||
30 | to involuntary admission or judicial admission as provided in | ||||||
31 | the Mental Health and Developmental Disabilities Code will | ||||||
32 | result in an automatic suspension of his or her license. The | ||||||
33 | suspension will end upon a finding by a court that the licensee | ||||||
34 | is no longer subject to involuntary admission or judicial |
| |||||||
| |||||||
1 | admission, the issuance of an order so finding and discharging | ||||||
2 | the patient, and the determination of the Director that the | ||||||
3 | licensee be allowed to resume professional practice.
| ||||||
4 | Section 100. Violations; injunction; cease and desist | ||||||
5 | order.
| ||||||
6 | (a) If any person violates the provisions of this Act, the | ||||||
7 | Director may, in the name of the People of the State of | ||||||
8 | Illinois, through the Attorney General, petition for an order | ||||||
9 | enjoining the violation or for an order enforcing compliance | ||||||
10 | with this Act. Upon the filing of a verified petition, the | ||||||
11 | court with appropriate jurisdiction may issue a temporary | ||||||
12 | restraining order without notice or bond, and may preliminarily | ||||||
13 | and permanently enjoin the violation. If it is established that | ||||||
14 | the person has violated or is violating the injunction, the | ||||||
15 | court may punish the offender for contempt of court. | ||||||
16 | Proceedings under this Section are in addition to all other | ||||||
17 | remedies and penalties provided by this Act.
| ||||||
18 | (b) If any person holds himself or herself out as being a | ||||||
19 | licensed genetic counselor under this Act and is not licensed | ||||||
20 | to do so, then any licensed genetic counselor, interested | ||||||
21 | party, or any person injured thereby may petition for relief as | ||||||
22 | provided in subsection (a) of this Section.
| ||||||
23 | (c) Whenever, in the opinion of the Department, a person | ||||||
24 | violates any provision of this Act, the Department may issue a | ||||||
25 | rule to show cause why an order to cease and desist should not | ||||||
26 | be entered against that person. The rule shall clearly set | ||||||
27 | forth the grounds relied upon by the
Department and shall allow | ||||||
28 | at least 7 days from the date of the rule to file an answer | ||||||
29 | satisfactory to the Department. Failure to answer to the | ||||||
30 | satisfaction of the Department shall cause an order to cease | ||||||
31 | and desist to be issued.
| ||||||
32 | Section 105. Investigations; notice and hearing. The |
| |||||||
| |||||||
1 | Department may investigate the actions of any applicant or any | ||||||
2 | person holding or claiming to hold a license. The Department | ||||||
3 | shall, before revoking, suspending, placing on probation, | ||||||
4 | reprimanding, or taking any other disciplinary action under | ||||||
5 | Section 95 of this Act, at least 30 days prior to the date set | ||||||
6 | for the hearing, (i) notify the accused, in writing, of any | ||||||
7 | charges made and the time and place for the hearing on the | ||||||
8 | charges,
(ii) direct him or her to file a written answer to the | ||||||
9 | charges with the Department under oath within 20 days after | ||||||
10 | service of the notice, and (iii) inform the accused that, if he | ||||||
11 | or she fails to answer, default will be taken against him or | ||||||
12 | her or that his or her license or certificate may be suspended, | ||||||
13 | revoked, placed on probationary status, or other disciplinary | ||||||
14 | action taken with regard to the license, including limiting the | ||||||
15 | scope, nature, or extent of his or her practice, as the | ||||||
16 | Department may deem proper. In case the person, after receiving | ||||||
17 | notice, fails to file an answer, his or her license may, in the | ||||||
18 | discretion of the Department, be suspended, revoked, placed on | ||||||
19 | probationary status, or the Department may take whatever | ||||||
20 | disciplinary action deemed proper, including limiting the | ||||||
21 | scope, nature, or extent of the person's practice or the | ||||||
22 | imposition of a fine, without a hearing, if the act or acts | ||||||
23 | charged constitute sufficient grounds for such action under | ||||||
24 | this Act. The written notice may be served by personal delivery | ||||||
25 | or certified mail to the address specified by the accused in | ||||||
26 | his or her last notification to the Department.
| ||||||
27 | Section 110. Record of proceedings; transcript. The | ||||||
28 | Department, at its expense, shall preserve a record of all | ||||||
29 | proceedings at the formal hearing of any case. The notice of | ||||||
30 | hearing, complaint, all other documents in the nature of | ||||||
31 | pleadings, written motions filed in the proceedings, the | ||||||
32 | transcript of testimony, the report of the hearing officer and | ||||||
33 | orders of the Department shall be in the record of such |
| |||||||
| |||||||
1 | proceeding. The Department shall furnish a transcript of the | ||||||
2 | record to any person interested in the hearing upon payment of | ||||||
3 | the fee required under Section 2105-115 of the Department of | ||||||
4 | Professional Regulation Law of the Civil Administrative Code of | ||||||
5 | Illinois. | ||||||
6 | Section 115. Subpoenas; depositions; oaths. The Department | ||||||
7 | has the power to subpoena and to bring before it any person and | ||||||
8 | to take testimony either orally or by deposition, or both, with | ||||||
9 | the same fees and mileage and in the same manner as prescribed | ||||||
10 | in civil cases in the courts of this State. The Director and | ||||||
11 | the designated hearing officer has the power to administer | ||||||
12 | oaths to witnesses at any hearing which the Department is | ||||||
13 | authorized to conduct, and any other oaths authorized in any | ||||||
14 | Act administered by the Department. | ||||||
15 | Section 120. Compelling testimony. Any court, upon | ||||||
16 | application of the Department, designated hearing officer, or | ||||||
17 | the applicant or licensee against whom proceedings under | ||||||
18 | Section 95 of this Act are pending, may enter an order | ||||||
19 | requiring the attendance of witnesses and their testimony and | ||||||
20 | the production of documents, papers, files, books, and records | ||||||
21 | in connection with any hearing or investigation. The court may | ||||||
22 | compel obedience to its order by proceedings for contempt. | ||||||
23 | Section 125. Findings and recommendations. At the | ||||||
24 | conclusion of the hearing, the hearing officer shall present to | ||||||
25 | the Director a written report of its findings of fact, | ||||||
26 | conclusions of law, and recommendations. The report shall | ||||||
27 | contain a finding whether the licensee violated this Act or | ||||||
28 | failed to comply with the conditions required in this Act. The | ||||||
29 | hearing officer shall specify the nature of the violation or | ||||||
30 | failure to comply, and shall make its recommendations to the | ||||||
31 | Director. The report of findings of fact, conclusions of law, |
| |||||||
| |||||||
1 | and recommendation of the hearing officer shall be the basis | ||||||
2 | for the Department's order for refusal or for the granting of | ||||||
3 | the license. If the Director disagrees with the recommendations | ||||||
4 | of the hearing officer, the Director may issue an order in | ||||||
5 | contravention of the hearing officer's recommendations. The | ||||||
6 | finding is not admissible in evidence against the person in a | ||||||
7 | criminal prosecution brought for the violation of this Act, but | ||||||
8 | the hearing and findings are not a bar to a criminal | ||||||
9 | prosecution brought for the violation of this Act. | ||||||
10 | Section 135. Director; rehearing. Whenever the Director | ||||||
11 | believes justice has not been done in the revocation, | ||||||
12 | suspension, or refusal to issue or renew a license or the | ||||||
13 | discipline of a licensee, he or she may order a rehearing. | ||||||
14 | Section 140. Appointment of a hearing officer. The Director | ||||||
15 | has the authority to appoint any attorney licensed to practice | ||||||
16 | law in the State of Illinois to serve as the hearing officer in | ||||||
17 | any action for refusal to issue or renew a license or permit or | ||||||
18 | to discipline a licensee. The hearing officer has full | ||||||
19 | authority to conduct the hearing. The hearing officer shall | ||||||
20 | report his findings of fact, conclusions of law, and | ||||||
21 | recommendations to the Director. | ||||||
22 | Section 145. Order or certified copy; prima facie proof.
| ||||||
23 | An order or certified copy thereof, over the seal of the | ||||||
24 | Department and purporting to be signed by the Director, is | ||||||
25 | prima facie proof that:
| ||||||
26 | (1) the signature is the genuine signature of the Director;
| ||||||
27 | and | ||||||
28 | (2) the Director is duly appointed and qualified.
| ||||||
29 | Section 150. Restoration of suspended or revoked license. | ||||||
30 | At any time after the suspension or revocation of any license, |
| |||||||
| |||||||
1 | the Department may restore it to the licensee, unless after an | ||||||
2 | investigation and hearing the Director determines that | ||||||
3 | restoration is not in the public interest. | ||||||
4 | Section 155. Surrender of license. Upon the revocation or | ||||||
5 | suspension of a license, the licensee shall immediately | ||||||
6 | surrender his or her license to the Department. If the licensee | ||||||
7 | fails to do so, the Department has the right to seize the | ||||||
8 | license. | ||||||
9 | Section 160. Summary suspension of license. The Director | ||||||
10 | may summarily suspend the license of a genetic counselor | ||||||
11 | without a hearing, simultaneously with the institution of | ||||||
12 | proceedings for a hearing provided for in Section 105 of this | ||||||
13 | Act, if the Director finds that evidence in the possession of | ||||||
14 | the Director indicates that the continuation of practice by the | ||||||
15 | genetic counselor would constitute an imminent danger to the | ||||||
16 | public. In the event that the Director summarily suspends the | ||||||
17 | license of an individual without a hearing, a hearing must be | ||||||
18 | held within 30 days after the suspension has occurred. | ||||||
19 | Section 165. Administrative review; venue.
| ||||||
20 | (a) All final administrative decisions of the Department | ||||||
21 | are subject to judicial review pursuant to the Administrative | ||||||
22 | Review Law and its rules. The term "administrative decision" is | ||||||
23 | defined as in Section 3-101 of the Code of Civil Procedure.
| ||||||
24 | (b) Proceedings for judicial review shall be commenced in | ||||||
25 | the circuit court of the county in which the party applying for | ||||||
26 | review resides, but if the party is not a resident of Illinois, | ||||||
27 | the venue shall be in Sangamon County.
| ||||||
28 | Section 170. Certification of record; costs. The | ||||||
29 | Department shall not be required to certify any record to the | ||||||
30 | court, to file an answer in court, or to otherwise appear in |
| |||||||
| |||||||
1 | any court in a judicial review proceeding, unless there is | ||||||
2 | filed in the court, with the complaint, a receipt from the | ||||||
3 | Department acknowledging payment of the costs of furnishing and | ||||||
4 | certifying the record. Failure on the part of the plaintiff to | ||||||
5 | file the receipt in court is grounds for dismissal of the | ||||||
6 | action. | ||||||
7 | Section 175. Violations. Unless otherwise specified, any | ||||||
8 | person found to have violated any provision of this Act is | ||||||
9 | guilty of a Class A misdemeanor. | ||||||
10 | Section 180. Administrative Procedure Act; application. | ||||||
11 | The Illinois Administrative Procedure Act is hereby expressly | ||||||
12 | adopted and incorporated in this Act as if all of the | ||||||
13 | provisions of such Act were included in this Act. | ||||||
14 | Section 185. Home rule. The regulation and licensing of | ||||||
15 | genetic counselors are exclusive powers and functions of the | ||||||
16 | State. A home rule unit may not regulate or license genetic | ||||||
17 | counselors. This Section is a denial and limitation of home | ||||||
18 | rule powers and functions under subsection (h) of Section 6 of | ||||||
19 | Article VII of the Illinois Constitution.
| ||||||
20 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
21 | Section
4.25 as follows:
| ||||||
22 | (5 ILCS 80/4.25 new)
| ||||||
23 | Sec. 4.25. Act repealed on January 1, 2015. The following | ||||||
24 | Act is repealed on January 1, 2015:
| ||||||
25 | The Genetic Counselor Licensing Act.
| ||||||
26 | Section 905. The Abused and Neglected Child Reporting Act | ||||||
27 | is amended by changing Section 4 as follows:
|
| |||||||
| |||||||
1 | (325 ILCS 5/4) (from Ch. 23, par. 2054)
| ||||||
2 | Sec. 4. Persons required to report; privileged | ||||||
3 | communications;
transmitting false report. Any physician, | ||||||
4 | resident, intern, hospital,
hospital administrator
and | ||||||
5 | personnel engaged in examination, care and treatment of | ||||||
6 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
7 | chiropractor, podiatrist, physician
assistant, substance abuse | ||||||
8 | treatment personnel, funeral home
director or employee, | ||||||
9 | coroner, medical examiner, emergency medical technician,
| ||||||
10 | acupuncturist, crisis line or hotline personnel, school | ||||||
11 | personnel, educational
advocate assigned to a child pursuant to | ||||||
12 | the School Code, truant officers,
social worker, social | ||||||
13 | services administrator,
domestic violence program personnel, | ||||||
14 | registered nurse, licensed
practical nurse, genetic counselor,
| ||||||
15 | respiratory care practitioner, advanced practice nurse, home
| ||||||
16 | health aide, director or staff
assistant of a nursery school or | ||||||
17 | a child day care center, recreational program
or facility | ||||||
18 | personnel, law enforcement officer, licensed professional
| ||||||
19 | counselor, licensed clinical professional counselor, | ||||||
20 | registered psychologist
and
assistants working under the | ||||||
21 | direct supervision of a psychologist,
psychiatrist, or field | ||||||
22 | personnel of the Illinois Department of Public Aid,
Public | ||||||
23 | Health, Human Services (acting as successor to the Department | ||||||
24 | of Mental
Health and Developmental Disabilities, | ||||||
25 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
26 | Rights, or Children and Family Services, supervisor and
| ||||||
27 | administrator of general assistance under the Illinois Public | ||||||
28 | Aid Code,
probation officer, or any other foster parent, | ||||||
29 | homemaker or child care worker
having reasonable cause to | ||||||
30 | believe a child known to them in their professional
or official | ||||||
31 | capacity may be an abused child or a neglected child shall
| ||||||
32 | immediately report or cause a report to be made to the | ||||||
33 | Department.
| ||||||
34 | Any member of the clergy having reasonable cause to believe |
| |||||||
| |||||||
1 | that a child
known to that member of the clergy in his or her | ||||||
2 | professional capacity may be
an abused child as defined in item | ||||||
3 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
4 | Act shall immediately report or cause a report to be made to
| ||||||
5 | the Department.
| ||||||
6 | Whenever
such person is required to report under this Act | ||||||
7 | in his capacity as a member of
the staff of a medical or other | ||||||
8 | public or private institution, school, facility
or agency, or | ||||||
9 | as a member of the clergy, he shall
make report immediately to | ||||||
10 | the Department in accordance
with the provisions of this Act | ||||||
11 | and may also notify the person in charge of
such institution, | ||||||
12 | school, facility or agency, or church, synagogue, temple,
| ||||||
13 | mosque, or other religious institution, or his
designated agent | ||||||
14 | that such
report has been made. Under no circumstances shall | ||||||
15 | any person in charge of
such institution, school, facility or | ||||||
16 | agency, or church, synagogue, temple,
mosque, or other | ||||||
17 | religious institution, or his
designated agent to whom
such | ||||||
18 | notification has been made, exercise any control, restraint, | ||||||
19 | modification
or other change in the report or the forwarding of | ||||||
20 | such report to the
Department.
| ||||||
21 | The privileged quality of communication between any | ||||||
22 | professional
person required to report
and his patient or | ||||||
23 | client shall not apply to situations involving abused or
| ||||||
24 | neglected children and shall not constitute grounds for failure | ||||||
25 | to report
as required by this Act.
| ||||||
26 | A member of the clergy may claim the privilege under | ||||||
27 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
28 | In addition to the above persons required to
report | ||||||
29 | suspected cases of abused or neglected children, any other | ||||||
30 | person
may make a report if such person has reasonable cause to | ||||||
31 | believe a child
may be an abused child or a neglected child.
| ||||||
32 | Any person who enters into
employment on and after July 1, | ||||||
33 | 1986 and is mandated by virtue of that
employment to report | ||||||
34 | under this Act, shall sign a statement on a form
prescribed by |
| |||||||
| |||||||
1 | the Department, to the effect that the employee has knowledge
| ||||||
2 | and understanding of the reporting requirements of this Act. | ||||||
3 | The statement
shall be signed prior to commencement of the | ||||||
4 | employment. The signed
statement shall be retained by the | ||||||
5 | employer. The cost of printing,
distribution, and filing of the | ||||||
6 | statement shall be borne by the employer.
| ||||||
7 | The Department shall provide copies of this Act, upon | ||||||
8 | request, to all
employers employing persons who shall be | ||||||
9 | required under the provisions of
this Section to report under | ||||||
10 | this Act.
| ||||||
11 | Any person who knowingly transmits a false report to the | ||||||
12 | Department
commits the offense of disorderly conduct under | ||||||
13 | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||||||
14 | 1961". Any person who violates this
provision a second or | ||||||
15 | subsequent time shall be guilty of a Class 3
felony.
| ||||||
16 | Any person who knowingly and willfully violates any | ||||||
17 | provision of this
Section other than a second or subsequent | ||||||
18 | violation of transmitting a
false report as described in the
| ||||||
19 | preceding paragraph, is guilty of a Class A misdemeanor for
a | ||||||
20 | first violation and a Class 4 felony for a
second or subsequent | ||||||
21 | violation; except that if the person acted as part
of a plan or | ||||||
22 | scheme having as its object the
prevention of discovery of an | ||||||
23 | abused or neglected child by lawful authorities
for the
purpose | ||||||
24 | of protecting or insulating any person or entity from arrest or
| ||||||
25 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
26 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
27 | offense (regardless of whether the second or subsequent offense
| ||||||
28 | involves any
of the same facts or persons as the first or other | ||||||
29 | prior offense).
| ||||||
30 | A child whose parent, guardian or custodian in good faith | ||||||
31 | selects and depends
upon spiritual means through prayer alone | ||||||
32 | for the treatment or cure of
disease or remedial care may be | ||||||
33 | considered neglected or abused, but not for
the sole reason | ||||||
34 | that his parent, guardian or custodian accepts and
practices |
| |||||||
| |||||||
1 | such beliefs.
| ||||||
2 | A child shall not be considered neglected or abused solely | ||||||
3 | because the
child is not attending school in accordance with | ||||||
4 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
5 | (Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; | ||||||
6 | 93-137, eff.
7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | ||||||
7 | 8-5-03; revised 9-12-03.)
| ||||||
8 | Section 999. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|