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SB2012 Engrossed |
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LRB094 07579 RAS 37748 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Genetic Counselor Licensing Act is amended |
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| by changing Sections 10, 15, 20, 25, 30, 40, 50, 55, 60, 65, |
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| 75, 85, 95, and 180 and by adding Section 73 as follows: |
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| (225 ILCS 135/10)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 10. Definitions. As used in this Act: |
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| "ABGC" means the American Board of Genetic Counseling. |
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| "ABMG" means the American Board of Medical Genetics. |
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| "Active candidate status" is awarded to applicants who have |
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| received approval from the ABGC or ABMG to sit for their |
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| respective certification examinations.
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| "Department" means the Department of Professional |
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| Regulation. |
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| "Director" means the Director of Professional Regulation. |
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| "Genetic anomaly" means a variation in an individual's DNA |
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| that has been shown to confer a genetically influenced disease |
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| or predisposition to a genetically influenced disease or makes |
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| a person a carrier of such variation. A "carrier" of a genetic |
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| anomaly means a person who may or may not have a predisposition |
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| or risk of incurring a genetically influenced condition and who |
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| is at risk of having offspring with a genetically influenced |
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| condition.
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| "Genetic counseling" means the provision of services to |
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| individuals, couples, groups, families, and organizations by |
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| one or more appropriately trained individuals to address the |
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| physical and psychological issues associated with the |
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| occurrence or risk of occurrence or recurrence of a genetic |
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| disorder, birth defect, disease, or potentially inherited or |
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| genetically influenced condition in an individual or a family.
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LRB094 07579 RAS 37748 b |
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| "Genetic counseling" consists of the following: |
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| (A) Estimating the likelihood of occurrence or |
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| recurrence of a birth defect or of any potentially |
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| inherited or genetically influenced condition. This |
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| assessment may involve: |
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| (i) obtaining and analyzing a complete health |
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| history of the person and his or her family; |
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| (ii) reviewing pertinent medical records; |
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| (iii) evaluating the risks from exposure to |
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| possible mutagens or teratogens; |
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| (iv) recommending genetic testing or other |
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| evaluations to diagnose a condition or determine the |
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| carrier status of one or more family members; |
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| (B) Helping the individual, family, health care |
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| provider, or health care professional
(i) appreciate the |
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| medical, psychological and social implications of a |
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| disorder, including its features, variability, usual |
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| course and management options, (ii) learn how genetic |
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| factors contribute to the disorder and affect the chance |
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| for recurrence of the condition in other family members, |
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| and (iii) understand available options for coping with, |
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| preventing, or reducing the chance of
occurrence or |
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| recurrence of a condition.
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| (C) Facilitating an individual's or family's
(i) |
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| exploration of the perception of risk and burden associated |
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| with the disorder and (ii) adjustment and adaptation to the |
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| condition or their genetic risk by addressing needs for
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| psychological, social, and medical support.
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| "Genetic counselor" means a person licensed under this Act |
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| to engage in the practice of genetic counseling. |
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| "Person" means an individual, association, partnership, or |
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| corporation. |
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| "Qualified supervisor" means any person who is a licensed |
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| genetic counselor, as defined by rule, or a physician licensed |
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| to practice medicine in all its branches. A qualified |
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| supervisor may be provided at the applicant's place of work, or |
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LRB094 07579 RAS 37748 b |
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| may be contracted by the applicant to provide supervision. The |
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| qualified supervisor shall file written documentation with
to
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| the Department of employment, discharge, or supervisory |
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| control of a genetic counselor at the time of employment, |
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| discharge, or assumption of supervision of a genetic counselor. |
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| "Supervision" means review of aspects of genetic |
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| counseling and case management in a bimonthly meeting with the |
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| person under supervision.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/15)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 15. Exemptions.
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| (a) This Act does not prohibit any persons legally |
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| regulated in this State by any other Act from engaging in the |
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| practice for which they are authorized as long as they do not |
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| represent themselves by the title of "genetic counselor" or |
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| "licensed genetic counselor". This Act does not prohibit the |
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| practice of nonregulated professions whose practitioners are |
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| engaged in the delivery of human services as long as these |
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| practitioners do not represent themselves as or use the title |
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| of "genetic counselor" or "licensed genetic counselor".
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| (b) Nothing in this Act shall be construed to limit the |
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| activities and services of (i) a student, intern, resident, or |
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| fellow in genetic counseling or genetics seeking to fulfill |
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| educational requirements in order to qualify for a license |
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| under this Act if these activities and services constitute a |
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| part of the student's supervised course of study or (ii) an |
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| individual seeking to fulfill the post-degree experience |
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| requirements in order to qualify for licensing under this Act, |
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| as long as the activities and services are supervised by a |
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| qualified supervisor. A student, intern, resident, or fellow |
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| must be designated by the title "intern", "resident", "fellow", |
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| or any other designation of trainee status. Nothing contained |
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| in this subsection shall be construed to permit students, |
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| interns, residents, or fellows to offer their services as |
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LRB094 07579 RAS 37748 b |
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| genetic counselors or geneticists to any other person and to |
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| accept remuneration for such genetic counseling services, |
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| except as specifically provided in this subsection or |
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| subsection (c).
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| (c) Corporations, partnerships, and associations may |
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| employ students, interns, or post-degree candidates seeking to |
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| fulfill educational requirements or the professional |
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| experience requirements needed to qualify for a license under |
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| this Act if their activities and services constitute a part of |
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| the student's supervised course of study or post-degree |
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| professional experience requirements. Nothing in this |
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| subsection shall prohibit a corporation, partnership, or |
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| association from contracting with a licensed health care |
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| professional to provide services that they are licensed to |
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| provide.
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| (d) Nothing in this Act shall prevent the employment, by a |
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| genetic counselor, person, association, partnership, or |
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| corporation furnishing genetic counseling services for |
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| remuneration, of persons not licensed as genetic counselors |
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| under this Act to perform services in various capacities as |
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| needed, if these persons are not in any manner held out to the |
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| public or do not hold themselves out to the public by any title |
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| or designation stating or implying that they are genetic |
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| counselors.
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| (e) Nothing in this Act shall be construed to limit the |
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| services of a person, not licensed under the provisions of this |
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| Act, in the employ of a federal, State, county, or municipal |
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| agency or other political subdivision or not-for-profit |
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| corporation providing human services if (i) the services are a |
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| part of the duties in his or her salaried position, (ii) the |
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| services are performed solely on behalf of his or her employer, |
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| and (iii) that person does not in any manner represent himself |
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| or herself as or use the title of "genetic counselor" or |
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| "licensed genetic counselor".
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| (f) Duly recognized members of any religious organization |
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| shall not be restricted from functioning in their ministerial |
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LRB094 07579 RAS 37748 b |
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| capacity provided they do not represent themselves as being |
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| genetic counselors or as providing genetic counseling. |
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| (g) Nothing in this Act shall be construed to require or |
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| prohibit any hospital, clinic, home health agency, hospice, or |
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| other entity that provides health care to employ or to contract |
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| with a person licensed under this Act to provide genetic |
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| counseling services. |
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| (h) Nothing in this Act shall be construed to prevent any |
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| licensed social worker, licensed clinical social worker, |
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| licensed clinical psychologist, licensed professional |
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| counselor, or licensed clinical professional counselor from |
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| practicing professional counseling as long as that person is |
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| not in any manner held out to the public as a "genetic |
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| counselor" or "licensed genetic counselor" or does not hold out |
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| his or her services as being genetic counseling.
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| (i) Nothing in this Act shall be construed to limit the |
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| practice of a person not licensed under this Act who is a |
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| physician licensed to practice medicine in all of its branches |
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| under the Medical Practice Act of 1987 or intern, fellow, or |
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| resident from using the title "genetic counselor" or any other |
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| title tending to indicate they are a genetic counselor.
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| (j) Nothing in the Act shall prohibit a visiting ABGC or |
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| ABMG certified genetic counselor from outside the State working |
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| as a consultant, or organizations from outside the State |
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| employing ABGC or ABMG certified genetic counselors providing |
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| occasional services, who are not licensed under this Act, from |
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| engaging in the practice of genetic counseling subject to the |
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| stated circumstances and limitations defined by rule .
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/20)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 20. Restrictions and limitations.
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| (a) Beginning 12 months after the adoption of the final |
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| administrative rules
on January 1, 2006 , except as provided in |
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| Section 15, no person shall, without a valid license as a |
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LRB094 07579 RAS 37748 b |
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| genetic counselor issued by the Department (i) in any manner |
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| hold himself or herself out to the public as a genetic |
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| counselor under this Act; (ii) use in connection with his or |
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| her name or place of business the title "genetic counselor", |
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| "licensed genetic counselor", "gene counselor", "genetic |
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| consultant", or "genetic associate" or any words, letters, |
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| abbreviations, or insignia indicating or implying a person has |
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| met the qualifications for or has the license issued under this |
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| Act; or (iii) offer to render or render to individuals, |
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| corporations, or the public genetic counseling services if the |
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| words "genetic counselor" or "licensed genetic counselor" are |
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| used to describe the person offering to render or rendering |
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| them, or "genetic counseling" is used to describe the services |
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| rendered or offered to be rendered.
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| (b) Beginning 12 months after the adoption of the final |
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| administrative rules
on January 1, 2006 , no licensed genetic |
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| counselor may provide genetic counseling to individuals, |
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| couples, groups, or families without a written referral from a |
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| physician licensed to practice medicine in all its branches, an |
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| advanced practice nurse who has a collaborative agreement with |
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| a collaborating physician that authorizes referrals to a |
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| genetic counselor, or a physician assistant who has been |
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| delegated authority to make referrals to genetic counselors. |
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| The physician, advanced practice nurse, or physician assistant |
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| shall maintain supervision of the patient and be provided |
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| written reports on the services provided by the licensed |
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| genetic counselor. Genetic testing shall be ordered by a |
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| physician licensed to practice medicine in all its branches. |
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| Genetic test reports shall be provided to the referring |
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| physician, advanced practice nurse, or physician assistant. |
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| General seminars or talks to groups or organizations on genetic |
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| counseling that do not include individual, couple, or family |
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| specific counseling may be conducted without a referral. |
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| (c) Beginning 12 months after the adoption of the final |
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| administrative rules
on January 1, 2006 , no association or |
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| partnership shall practice genetic counseling unless every |
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| member, partner, and employee of the association or partnership |
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| who practices genetic counseling or who renders genetic |
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| counseling services holds a valid license issued under this |
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| Act. No license shall be issued to a corporation, the stated |
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| purpose of which includes or which practices or which holds |
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| itself out as available to practice genetic counseling, unless |
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| it is organized under the Professional Service Corporation Act.
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| (d) Nothing in this Act shall be construed as permitting |
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| persons licensed as genetic counselors to engage in any manner |
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| in the practice of medicine in all its branches as defined by |
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| law in this State.
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| (e) Nothing in this Act shall be construed to authorize a |
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| licensed genetic counselor to diagnose, test, or treat any |
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| genetic or other disease or condition. |
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| (f) When, in the course of providing genetic counseling |
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| services to any person, a genetic counselor licensed under this |
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| Act finds any indication of a disease or condition that in his |
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| or her professional judgment requires professional service |
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| outside the scope of practice as defined in this Act, he or she |
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| shall refer that person to a physician licensed to practice |
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| medicine in all of its branches.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/25)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 25. Unlicensed practice; violation; civil penalty.
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| (a) Beginning 12 months after the adoption of the final |
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| administrative rules
on January 1, 2006 , any person who |
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| practices, offers to practice, attempts to practice, or holds |
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| himself or herself out to practice as a genetic counselor |
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| without being licensed or exempt under this Act shall, in |
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| addition to any other penalty provided by law, pay a civil |
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| penalty to the Department in an amount not to exceed $5,000 for |
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| each offense, as determined by the Department. Civil penalty |
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| shall be assessed by the Department after a hearing is held in |
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| accordance with the provisions set forth in this Act regarding |
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| the provision of a hearing for the discipline of a licensee. |
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| (b) The Department may investigate any actual, alleged, or |
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| suspected unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after |
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| the effective date of the order imposing the civil penalty. The |
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| order shall constitute a final judgment and may be filed and |
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| execution had thereon in the same manner as any judgment from |
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| any court of record.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/30)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 30. Powers and duties of the Department. Subject to |
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| the provisions of this Act, the Department may:
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| (a) authorize examinations to ascertain the qualifications |
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| and fitness of applicants for licensing as genetic counselors |
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| and pass upon the qualifications of applicants for licensure by |
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| endorsement;
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| (b) conduct hearings on proceedings to refuse to issue or |
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| renew or to revoke licenses or suspend, place on probation, |
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| censure, or reprimand persons licensed under this Act, and to |
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| refuse to issue or renew or to revoke licenses, or suspend, |
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| place on probation, censure, or reprimand persons licensed |
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| under this Act;
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| (c) adopt rules necessary for the administration of this |
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| Act; and
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| (d) maintain rosters of the names and addresses of all |
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| licensees and all persons whose licenses have been suspended, |
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| revoked, or denied renewal for cause within the previous |
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| calendar year . These rosters shall be available upon written |
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| request and payment of the required fee.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/40)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 40. Application for original license. Applications |
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LRB094 07579 RAS 37748 b |
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| for original licenses shall be made to the Department on forms |
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| prescribed by the Department and accompanied by the required |
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| fee, which is not refundable. All applications shall contain |
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| such information that, in the judgment of the Department, will |
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| enable the Department to pass on the qualifications of the |
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| applicant for a license to practice as a genetic counselor.
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| If an applicant fails to obtain a license under this Act |
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| within 3 years after filing his or her application, the |
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| application shall be denied. The applicant may make a new |
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| application, which shall be accompanied by the required |
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| nonrefundable fee. The applicant shall be required to meet the |
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| qualifications required for licensure at the time of |
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| reapplication.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/50)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 50. Examination ; failure or refusal to take |
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| examination .
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| (a) Applicants for genetic counseling licensure must |
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| provide evidence that they have successfully completed the |
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| certification examination provided by the ABGC or ABMG, if they |
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| are master's degree trained genetic counselors, or the ABMG, if |
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| they are PhD trained medical geneticists; or successfully |
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| completed the examination provided by the successor agencies of |
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| the ABGC or ABMG. The examinations shall be of a character to |
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| fairly test the competence and qualifications of the applicants |
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| to practice genetic counseling. |
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|
(b) (Blank).
If an applicant neglects, fails, or refuses |
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| to take an examination or fails to pass an examination for a |
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| license under this Act within 2 exam cycles after receiving a |
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| temporary license, the application will be denied. However, |
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| such applicant may thereafter make a new application for |
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| license only if the applicant provides documentation of passing |
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| the certification examination offered through the ABGC or ABMG |
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| or their successor agencies and satisfies the requirements then |
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LRB094 07579 RAS 37748 b |
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| in existence for a license.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/55)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 55. Qualifications for licensure.
A person shall be |
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| qualified for licensure as a genetic counselor and the |
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| Department may
shall issue a license if that person:
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| (1) has applied in writing in form and substance |
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| satisfactory to the Department; is at least 21 years of |
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| age; |
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| (2) has not engaged in conduct or activities which |
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| would constitute grounds for discipline under this Act; |
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| (3) (i) has successfully completed a Master's degree in |
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| genetic counseling from an ABGC or ABMG accredited training |
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| program or an equivalent program approved by the ABGC or |
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| (ii) is a physician or (iii) has a doctoral degree and has |
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| successfully completed an ABMG accredited medical genetics |
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| training program or an equivalent program approved by the |
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| ABMG
has not violated any of the provisions of Sections 20 |
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| or 25 of this Act or the rules promulgated thereunder. The |
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| Department may take into consideration any felony |
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| conviction of the applicant but such conviction shall not |
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| operate as an absolute bar to licensure ; |
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| (4) has successfully completed an examination provided |
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| by the ABGC or its successor, the ABMG or its successor, or |
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| a substantially equivalent examination approved by the |
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| Department;
provided documentation of the successful |
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| completion of the certification examination and current |
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| certification provided by the American Board of Genetic |
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| Counseling or the American Board of Medical Genetics, or |
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| their successor agencies; and
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| (5) has paid the fees required by rule;
this Act.
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| (6) has met the requirements for certification set |
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| forth by the ABGC or its successor or the ABMG or its |
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| successor; and
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| (7) has met any other requirements established by rule.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| (225 ILCS 135/60)
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| (Section scheduled to be repealed on January 1, 2015) |
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| Sec. 60. Temporary letter of authorization to practice
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| licensure .
Individuals who (i) have successfully completed an |
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| approved genetic counselor program, as determined by rule of |
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| the Department, (ii) have made application to the Department, |
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| and (iii) have submitted evidence to the Department of |
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| admission to a certifying examination administered by the ABGC |
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| or its successor or the ABMG or its successor shall be issued a |
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| temporary letter of authorization that shall allow the |
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| applicant to practice as a genetic counselor until he or she |
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| receives certification from the ABGC or its successor or the |
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| ABMG or its successor or until 12 months have elapsed, |
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| whichever comes first. |
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| Under no circumstances may an applicant continue to |
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| practice under the temporary letter of authorization after he |
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| or she receives notification that he or she has failed the |
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| examination. The temporary letter of authorization is not |
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| renewable.
|
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| (a) A person shall be qualified for temporary licensure as |
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| a genetic counselor and the Department shall issue a temporary |
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| license if that person:
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| (1) has successfully completed a Master's degree in |
26 |
| genetic counseling from an
ABGC or ABMG accredited training |
27 |
| program or its equivalent as established by the ABGC or is |
28 |
| a physician or has a doctoral degree and has successfully |
29 |
| completed an ABMG accredited medical genetics training |
30 |
| program or its equivalent as established by the ABMG; |
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| (2) has submitted evidence to the Department of active |
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| candidate status for the certifying examination |
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| administered by the ABGC or the ABMG or their successor |
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| agencies; and
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| (3) has made application to the Department and paid the |
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| required fees.
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| (b) A temporary license shall allow the applicant to |
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| practice under the supervision of a qualified supervisor until |
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| he or she receives certification from the ABGC or the ABMG or |
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| their successor agencies or
2 exam cycles have elapsed, |
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| whichever comes first.
|
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| (c) Under no circumstances shall an applicant continue to |
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| practice on the temporary license for more than 30 days after |
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| notification that he or she has not passed the examination |
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| within 2 exam cycles after receiving the temporary license. |
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| However, the applicant may thereafter make a new application to |
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| the Department for a license satisfying the requirements then |
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| in existence for a license.
|
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
15 |
| (225 ILCS 135/65)
|
16 |
| (Section scheduled to be repealed on January 1, 2015) |
17 |
| Sec. 65. Licenses; renewal; restoration; person in |
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| military service; inactive status.
|
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| (a) The expiration date and renewal period for each license |
20 |
| issued under this Act shall be set by rule. As a condition of |
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| renewal of a license, a licensee must complete continuing |
22 |
| education requirements established by rule of the Department
|
23 |
| The licensee may renew a license during the 30-day period |
24 |
| preceding its expiration date by paying the required fee and |
25 |
| demonstrating compliance with continuing education |
26 |
| requirements established by rule .
|
27 |
| (b) Any person who has permitted a license to expire or who |
28 |
| has a license on inactive status may have it restored by |
29 |
| submitting an application to the Department and filing proof of |
30 |
| fitness, as defined by rule, to have the license restored, |
31 |
| including, if appropriate, evidence which is satisfactory to |
32 |
| the Department certifying the active practice of genetic |
33 |
| counseling in another jurisdiction, and by paying the required |
34 |
| fee.
|
35 |
| (c) If the person has not maintained an active practice in |
|
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| another jurisdiction that is satisfactory to the Department, |
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| the Department shall determine the person's fitness to resume |
3 |
| active status. The Department may also require the person to |
4 |
| complete a specific period of evaluated genetic counseling work |
5 |
| experience under the supervision of a qualified clinical
|
6 |
| supervisor and may require demonstration of completion of |
7 |
| continuing education requirements.
|
8 |
| (d) Any person whose license expired while on active duty |
9 |
| with the armed forces of the United States, while called into |
10 |
| service or training with the State Militia, or while in |
11 |
| training or education under the supervision of the United |
12 |
| States government prior to induction into military service may |
13 |
| have his license restored without paying any renewal fees if, |
14 |
| within 2 years after the termination of such service, training, |
15 |
| or education, except under conditions other than honorable, the |
16 |
| Department is furnished with satisfactory evidence that the |
17 |
| person has been so engaged and that such service, training, or |
18 |
| education has been so terminated.
|
19 |
| (e) A license to practice shall not be denied any applicant |
20 |
| because of the applicant's race, religion, creed, national |
21 |
| origin, political beliefs or activities, age, sex, or physical |
22 |
| impairment.
|
23 |
| (Source: P.A. 93-1041, eff. 9-29-04.) |
24 |
| (225 ILCS 135/73 new)
|
25 |
| (Section scheduled to be repealed on January 1, 2015) |
26 |
| Sec. 73. Inactive status. A person who notifies the |
27 |
| Department in writing on forms prescribed by the Department may |
28 |
| elect to place his or her license on inactive status and shall, |
29 |
| subject to rule of the Department, be excused from payment of |
30 |
| renewal fees until he or she notifies the Department, in |
31 |
| writing, of his or her desire to resume active status. |
32 |
| A person requesting restoration from inactive status shall |
33 |
| be required to pay the current renewal fee and shall be |
34 |
| required to restore his or her license, pursuant to Section 65 |
35 |
| of this Act. |
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| Practice by an individual whose license is on inactive |
2 |
| status shall be considered to be the unlicensed practice of |
3 |
| genetic counseling and shall be grounds for discipline under |
4 |
| this Act. |
5 |
| (225 ILCS 135/75)
|
6 |
| (Section scheduled to be repealed on January 1, 2015) |
7 |
| Sec. 75. Fees; deposit of fees. The Department shall, by |
8 |
| rule, establish a schedule of fees for the administration and |
9 |
| enforcement of this Act, which shall include, but not be |
10 |
| limited to, fees for original licensure, license renewal, and |
11 |
| license restoration. These fees shall be nonrefundable. |
12 |
| All of the fees and fines collected under this Act shall be |
13 |
| deposited into the General Professions Dedicated Fund. The |
14 |
| moneys deposited into the General Professions Dedicated Fund |
15 |
| shall be used by the Department, as appropriate, for the |
16 |
| ordinary and contingent expenses of the Department. Moneys in |
17 |
| the General Professions Dedicated Fund may be invested and |
18 |
| reinvested, with all earnings received from these investments |
19 |
| being deposited into that Fund and used for the same purposes |
20 |
| as the fees and fines deposited in that Fund.
|
21 |
| The fees imposed under this Act shall be set by rule and are |
22 |
| not refundable.
All of the fees collected under this Act shall |
23 |
| be deposited into the General Professions Dedicated Fund.
|
24 |
| (Source: P.A. 93-1041, eff. 9-29-04.) |
25 |
| (225 ILCS 135/85)
|
26 |
| (Section scheduled to be repealed on January 1, 2015) |
27 |
| Sec. 85. Endorsement. The Department may issue a license as |
28 |
| a genetic counselor, without administering the required |
29 |
| examination, to an applicant currently licensed under the laws |
30 |
| of another state if the requirements for licensure in that |
31 |
| state are, on the date of licensure, substantially equal to the |
32 |
| requirements of this Act or to a person who, at the time of his |
33 |
| or her application for licensure, possesses individual |
34 |
| qualifications that are substantially equivalent to the |
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| requirements in force in this State. An applicant under this |
2 |
| Section shall pay all of the required fees. |
3 |
| An applicant shall have 3 years from the date of |
4 |
| application to complete the application process. If the process |
5 |
| has not been completed within the 3-year time period, the |
6 |
| application shall be denied, the fee shall be forfeited, and |
7 |
| the applicant shall be required to reapply and meet the |
8 |
| requirements in effect at the time of reapplication
or United |
9 |
| States jurisdiction whose standards, in the opinion of the |
10 |
| Department, were substantially equivalent at the date of his or |
11 |
| her licensure in the other jurisdiction to the requirements of |
12 |
| this Act. Such an applicant shall pay all of the required fees. |
13 |
| Applicants have 6 months from the date of application to |
14 |
| complete the application process. If the process has not been |
15 |
| completed within 6 months, the application shall be denied, the |
16 |
| fee forfeited, and the applicant must reapply and meet the |
17 |
| requirements in effect at the time of reapplication .
|
18 |
| (Source: P.A. 93-1041, eff. 9-29-04.) |
19 |
| (225 ILCS 135/95)
|
20 |
| (Section scheduled to be repealed on January 1, 2015) |
21 |
| Sec. 95. Grounds for discipline.
|
22 |
| (a) The Department may refuse to issue, renew, or may |
23 |
| revoke, suspend, place on probation, reprimand, or take other |
24 |
| disciplinary action as the Department deems appropriate, |
25 |
| including the issuance of fines not to exceed $1,000 for each |
26 |
| violation, with regard to any license for any one or more of |
27 |
| the following: |
28 |
| (1) Material misstatement in furnishing information to |
29 |
| the Department or to any other State agency.
|
30 |
| (2) Violations or negligent or intentional disregard |
31 |
| of this Act, or any of its rules.
|
32 |
| (3) Conviction of any crime under the laws of the |
33 |
| United States or any state or territory thereof that is a |
34 |
| felony, a misdemeanor, an essential element of which is |
35 |
| dishonesty, or a crime that is directly related to the |
|
|
|
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LRB094 07579 RAS 37748 b |
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| practice of the profession.
|
2 |
| (4) Making any misrepresentation for the purpose of |
3 |
| obtaining a license, or violating any provision of this Act |
4 |
| or its rules. |
5 |
| (5) Professional incompetence or gross negligence in |
6 |
| the rendering of genetic counseling services.
|
7 |
| (6) Gross or repeated negligence.
|
8 |
| (7) Aiding or assisting another person in violating any |
9 |
| provision of this Act or any rules.
|
10 |
| (8) Failing to provide information within 60 days in |
11 |
| response to a written request made by the Department.
|
12 |
| (9) Engaging in dishonorable, unethical, or |
13 |
| unprofessional conduct of a character likely to deceive, |
14 |
| defraud, or harm the public and violating the rules of |
15 |
| professional conduct adopted by the Department.
|
16 |
| (10) Failing to maintain the confidentiality of any |
17 |
| information received from a client, unless otherwise |
18 |
| authorized or required by law.
|
19 |
| (11) Exploiting a client for personal advantage, |
20 |
| profit, or interest.
|
21 |
| (12) Habitual or excessive use or addiction to alcohol, |
22 |
| narcotics, stimulants, or any other chemical agent or drug |
23 |
| which results in inability to practice with reasonable |
24 |
| skill, judgment, or safety.
|
25 |
| (13) Discipline by another jurisdiction, if at least |
26 |
| one of the grounds for the discipline is the same or |
27 |
| substantially equivalent to those set forth in this |
28 |
| Section.
|
29 |
| (14) Directly or indirectly giving to or receiving from |
30 |
| any person, firm, corporation, partnership, or association |
31 |
| any fee, commission, rebate, or other form of compensation |
32 |
| for any professional service not actually rendered.
|
33 |
| (15) A finding by the Department that the licensee, |
34 |
| after having the license placed on probationary status has |
35 |
| violated the terms of probation.
|
36 |
| (16) Failing to refer a client to other health care |
|
|
|
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| professionals when the licensee is unable or unwilling to |
2 |
| adequately support or serve the client.
|
3 |
| (17) Willfully filing false reports relating to a |
4 |
| licensee's practice, including but not limited to false |
5 |
| records filed with federal or State agencies or |
6 |
| departments.
|
7 |
| (18) Willfully failing to report an instance of |
8 |
| suspected child abuse or neglect as required by the Abused |
9 |
| and Neglected Child Reporting Act.
|
10 |
| (19) Being named as a perpetrator in an indicated |
11 |
| report by the Department of Children and Family Services |
12 |
| pursuant to the Abused and Neglected Child Reporting Act, |
13 |
| and upon proof by clear and convincing evidence that the |
14 |
| licensee has caused a child to be an abused child or |
15 |
| neglected child as defined in the Abused and Neglected |
16 |
| Child Reporting Act.
|
17 |
| (20) Physical or mental disability, including |
18 |
| deterioration through the aging process or loss of |
19 |
| abilities and skills which results in the inability to |
20 |
| practice the profession with reasonable judgment, skill, |
21 |
| or safety.
|
22 |
| (21) Solicitation of professional services by using |
23 |
| false or misleading advertising.
|
24 |
| (22) Failure to file a return, or to pay the tax, |
25 |
| penalty of interest shown in a filed return, or to pay any |
26 |
| final assessment of tax, penalty or interest, as required |
27 |
| by any tax Act administered by the Illinois Department of |
28 |
| Revenue or any successor agency or the Internal Revenue |
29 |
| Service or any successor agency.
|
30 |
| (23) A finding that licensure has been applied for or |
31 |
| obtained by fraudulent means.
|
32 |
| (24) Practicing or attempting to practice under a name |
33 |
| other than the full name as shown on the license or any |
34 |
| other legally authorized name.
|
35 |
| (25) Gross overcharging for professional services, |
36 |
| including filing statements for collection of fees or |
|
|
|
SB2012 Engrossed |
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LRB094 07579 RAS 37748 b |
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1 |
| monies for which services are not rendered.
|
2 |
| (26) Providing genetic counseling services to |
3 |
| individuals, couples, groups, or families without a |
4 |
| written referral from either a physician licensed to |
5 |
| practice medicine in all its branches, an advanced practice |
6 |
| nurse who has a collaborative agreement with a |
7 |
| collaborating physician that authorizes the advanced |
8 |
| practice nurse to make referrals to a genetic counselor, or |
9 |
| a physician assistant who has been delegated authority to |
10 |
| make referrals to genetic counselors.
|
11 |
| (b) The Department shall deny, without hearing, any |
12 |
| application or renewal for a license under this Act to any |
13 |
| person who has defaulted on an educational loan guaranteed by |
14 |
| the Illinois State Assistance Commission; however, the |
15 |
| Department may issue a license or renewal if the person in |
16 |
| default has established a satisfactory repayment record as |
17 |
| determined by the Illinois Student Assistance Commission.
|
18 |
| (c) The determination by a court that a licensee is subject |
19 |
| to involuntary admission or judicial admission as provided in |
20 |
| the Mental Health and Developmental Disabilities Code will |
21 |
| result in an automatic suspension of his or her license. The |
22 |
| suspension will end upon a finding by a court that the licensee |
23 |
| is no longer subject to involuntary admission or judicial |
24 |
| admission, the issuance of an order so finding and discharging |
25 |
| the patient, and the determination of the Director that the |
26 |
| licensee be allowed to resume professional practice.
|
27 |
| (Source: P.A. 93-1041, eff. 9-29-04.) |
28 |
| (225 ILCS 135/180)
|
29 |
| (Section scheduled to be repealed on January 1, 2015) |
30 |
| Sec. 180. Administrative Procedure Act; application. The |
31 |
| Illinois Administrative Procedure Act is hereby expressly |
32 |
| adopted and incorporated in this Act as if all of the |
33 |
| provisions of such Act were included in this Act , except that |
34 |
| the provision of paragraph (d) of the Section 10-65 of the |
35 |
| Illinois Administrative Procedure Act, which provides that at |
|
|
|
SB2012 Engrossed |
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LRB094 07579 RAS 37748 b |
|
|
1 |
| hearings the license holder has the right to show compliance |
2 |
| with all lawful requirements for retention, continuation, or |
3 |
| renewal of the certificate, is specifically excluded. For the |
4 |
| purpose of this Act the notice required under Section 10-25 of |
5 |
| the Illinois Administrative Procedure Act is deemed sufficient |
6 |
| when mailed to the last known address of a party .
|
7 |
| (Source: P.A. 93-1041, eff. 9-29-04.)
|
8 |
| (225 ILCS 135/70 rep.)
|
9 |
| Section 90. The Genetic Counselor Licensing Act is amended |
10 |
| by repealing Section 70.
|