Sen. Antonio Munoz

Filed: 3/14/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2012

2     AMENDMENT NO. ______. Amend Senate Bill 2012 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Genetic Counselor Licensing Act is amended
5 by changing Sections 10, 15, 20, 25, 30, 40, 50, 55, 60, 65,
6 75, 85, 95, and 180 and by adding Section 73 as follows:
 
7     (225 ILCS 135/10)
8     (Section scheduled to be repealed on January 1, 2015)
9     Sec. 10. Definitions. As used in this Act:
10     "ABGC" means the American Board of Genetic Counseling.
11     "ABMG" means the American Board of Medical Genetics.
12     "Active candidate status" is awarded to applicants who have
13 received approval from the ABGC or ABMG to sit for their
14 respective certification examinations.
15     "Department" means the Department of Professional
16 Regulation.
17     "Director" means the Director of Professional Regulation.
18     "Genetic anomaly" means a variation in an individual's DNA
19 that has been shown to confer a genetically influenced disease
20 or predisposition to a genetically influenced disease or makes
21 a person a carrier of such variation. A "carrier" of a genetic
22 anomaly means a person who may or may not have a predisposition
23 or risk of incurring a genetically influenced condition and who
24 is at risk of having offspring with a genetically influenced

 

 

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1 condition.
2     "Genetic counseling" means the provision of services to
3 individuals, couples, groups, families, and organizations by
4 one or more appropriately trained individuals to address the
5 physical and psychological issues associated with the
6 occurrence or risk of occurrence or recurrence of a genetic
7 disorder, birth defect, disease, or potentially inherited or
8 genetically influenced condition in an individual or a family.
9 "Genetic counseling" consists of the following:
10         (A) Estimating the likelihood of occurrence or
11     recurrence of a birth defect or of any potentially
12     inherited or genetically influenced condition. This
13     assessment may involve:
14             (i) obtaining and analyzing a complete health
15         history of the person and his or her family;
16             (ii) reviewing pertinent medical records;
17             (iii) evaluating the risks from exposure to
18         possible mutagens or teratogens;
19             (iv) recommending genetic testing or other
20         evaluations to diagnose a condition or determine the
21         carrier status of one or more family members;
22         (B) Helping the individual, family, health care
23     provider, or health care professional (i) appreciate the
24     medical, psychological and social implications of a
25     disorder, including its features, variability, usual
26     course and management options, (ii) learn how genetic
27     factors contribute to the disorder and affect the chance
28     for recurrence of the condition in other family members,
29     and (iii) understand available options for coping with,
30     preventing, or reducing the chance of occurrence or
31     recurrence of a condition.
32         (C) Facilitating an individual's or family's (i)
33     exploration of the perception of risk and burden associated
34     with the disorder and (ii) adjustment and adaptation to the

 

 

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1     condition or their genetic risk by addressing needs for
2     psychological, social, and medical support.
3     "Genetic counselor" means a person licensed under this Act
4 to engage in the practice of genetic counseling.
5     "Person" means an individual, association, partnership, or
6 corporation.
7     "Qualified supervisor" means any person who is a licensed
8 genetic counselor, as defined by rule, or a physician licensed
9 to practice medicine in all its branches. A qualified
10 supervisor may be provided at the applicant's place of work, or
11 may be contracted by the applicant to provide supervision. The
12 qualified supervisor shall file written documentation with to
13 the Department of employment, discharge, or supervisory
14 control of a genetic counselor at the time of employment,
15 discharge, or assumption of supervision of a genetic counselor.
16     "Supervision" means review of aspects of genetic
17 counseling and case management in a bimonthly meeting with the
18 person under supervision.
19 (Source: P.A. 93-1041, eff. 9-29-04.)
 
20     (225 ILCS 135/15)
21     (Section scheduled to be repealed on January 1, 2015)
22     Sec. 15. Exemptions.
23     (a) This Act does not prohibit any persons legally
24 regulated in this State by any other Act from engaging in the
25 practice for which they are authorized as long as they do not
26 represent themselves by the title of "genetic counselor" or
27 "licensed genetic counselor". This Act does not prohibit the
28 practice of nonregulated professions whose practitioners are
29 engaged in the delivery of human services as long as these
30 practitioners do not represent themselves as or use the title
31 of "genetic counselor" or "licensed genetic counselor".
32     (b) Nothing in this Act shall be construed to limit the
33 activities and services of (i) a student, intern, resident, or

 

 

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1 fellow in genetic counseling or genetics seeking to fulfill
2 educational requirements in order to qualify for a license
3 under this Act if these activities and services constitute a
4 part of the student's supervised course of study or (ii) an
5 individual seeking to fulfill the post-degree experience
6 requirements in order to qualify for licensing under this Act,
7 as long as the activities and services are supervised by a
8 qualified supervisor. A student, intern, resident, or fellow
9 must be designated by the title "intern", "resident", "fellow",
10 or any other designation of trainee status. Nothing contained
11 in this subsection shall be construed to permit students,
12 interns, residents, or fellows to offer their services as
13 genetic counselors or geneticists to any other person and to
14 accept remuneration for such genetic counseling services,
15 except as specifically provided in this subsection or
16 subsection (c).
17     (c) Corporations, partnerships, and associations may
18 employ students, interns, or post-degree candidates seeking to
19 fulfill educational requirements or the professional
20 experience requirements needed to qualify for a license under
21 this Act if their activities and services constitute a part of
22 the student's supervised course of study or post-degree
23 professional experience requirements. Nothing in this
24 subsection shall prohibit a corporation, partnership, or
25 association from contracting with a licensed health care
26 professional to provide services that they are licensed to
27 provide.
28     (d) Nothing in this Act shall prevent the employment, by a
29 genetic counselor, person, association, partnership, or
30 corporation furnishing genetic counseling services for
31 remuneration, of persons not licensed as genetic counselors
32 under this Act to perform services in various capacities as
33 needed, if these persons are not in any manner held out to the
34 public or do not hold themselves out to the public by any title

 

 

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1 or designation stating or implying that they are genetic
2 counselors.
3     (e) Nothing in this Act shall be construed to limit the
4 services of a person, not licensed under the provisions of this
5 Act, in the employ of a federal, State, county, or municipal
6 agency or other political subdivision or not-for-profit
7 corporation providing human services if (i) the services are a
8 part of the duties in his or her salaried position, (ii) the
9 services are performed solely on behalf of his or her employer,
10 and (iii) that person does not in any manner represent himself
11 or herself as or use the title of "genetic counselor" or
12 "licensed genetic counselor".
13     (f) Duly recognized members of any religious organization
14 shall not be restricted from functioning in their ministerial
15 capacity provided they do not represent themselves as being
16 genetic counselors or as providing genetic counseling.
17     (g) Nothing in this Act shall be construed to require or
18 prohibit any hospital, clinic, home health agency, hospice, or
19 other entity that provides health care to employ or to contract
20 with a person licensed under this Act to provide genetic
21 counseling services.
22     (h) Nothing in this Act shall be construed to prevent any
23 licensed social worker, licensed clinical social worker,
24 licensed clinical psychologist, licensed professional
25 counselor, or licensed clinical professional counselor from
26 practicing professional counseling as long as that person is
27 not in any manner held out to the public as a "genetic
28 counselor" or "licensed genetic counselor" or does not hold out
29 his or her services as being genetic counseling.
30     (i) Nothing in this Act shall be construed to limit the
31 practice of a person not licensed under this Act who is a
32 physician licensed to practice medicine in all of its branches
33 under the Medical Practice Act of 1987 or intern, fellow, or
34 resident from using the title "genetic counselor" or any other

 

 

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1 title tending to indicate they are a genetic counselor.
2     (j) Nothing in the Act shall prohibit a visiting ABGC or
3 ABMG certified genetic counselor from outside the State working
4 as a consultant, or organizations from outside the State
5 employing ABGC or ABMG certified genetic counselors providing
6 occasional services, who are not licensed under this Act, from
7 engaging in the practice of genetic counseling subject to the
8 stated circumstances and limitations defined by rule.
9 (Source: P.A. 93-1041, eff. 9-29-04.)
 
10     (225 ILCS 135/20)
11     (Section scheduled to be repealed on January 1, 2015)
12     Sec. 20. Restrictions and limitations.
13     (a) Beginning 12 months after the adoption of the final
14 administrative rules on January 1, 2006, except as provided in
15 Section 15, no person shall, without a valid license as a
16 genetic counselor issued by the Department (i) in any manner
17 hold himself or herself out to the public as a genetic
18 counselor under this Act; (ii) use in connection with his or
19 her name or place of business the title "genetic counselor",
20 "licensed genetic counselor", "gene counselor", "genetic
21 consultant", or "genetic associate" or any words, letters,
22 abbreviations, or insignia indicating or implying a person has
23 met the qualifications for or has the license issued under this
24 Act; or (iii) offer to render or render to individuals,
25 corporations, or the public genetic counseling services if the
26 words "genetic counselor" or "licensed genetic counselor" are
27 used to describe the person offering to render or rendering
28 them, or "genetic counseling" is used to describe the services
29 rendered or offered to be rendered.
30     (b) Beginning 12 months after the adoption of the final
31 administrative rules on January 1, 2006, no licensed genetic
32 counselor may provide genetic counseling to individuals,
33 couples, groups, or families without a written referral from a

 

 

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1 physician licensed to practice medicine in all its branches, an
2 advanced practice nurse who has a collaborative agreement with
3 a collaborating physician that authorizes referrals to a
4 genetic counselor, or a physician assistant who has been
5 delegated authority to make referrals to genetic counselors.
6 The physician, advanced practice nurse, or physician assistant
7 shall maintain supervision of the patient and be provided
8 written reports on the services provided by the licensed
9 genetic counselor. Genetic testing shall be ordered by a
10 physician licensed to practice medicine in all its branches.
11 Genetic test reports shall be provided to the referring
12 physician, advanced practice nurse, or physician assistant.
13 General seminars or talks to groups or organizations on genetic
14 counseling that do not include individual, couple, or family
15 specific counseling may be conducted without a referral.
16     (c) Beginning 12 months after the adoption of the final
17 administrative rules on January 1, 2006, no association or
18 partnership shall practice genetic counseling unless every
19 member, partner, and employee of the association or partnership
20 who practices genetic counseling or who renders genetic
21 counseling services holds a valid license issued under this
22 Act. No license shall be issued to a corporation, the stated
23 purpose of which includes or which practices or which holds
24 itself out as available to practice genetic counseling, unless
25 it is organized under the Professional Service Corporation Act.
26     (d) Nothing in this Act shall be construed as permitting
27 persons licensed as genetic counselors to engage in any manner
28 in the practice of medicine in all its branches as defined by
29 law in this State.
30     (e) Nothing in this Act shall be construed to authorize a
31 licensed genetic counselor to diagnose, test, or treat any
32 genetic or other disease or condition.
33     (f) When, in the course of providing genetic counseling
34 services to any person, a genetic counselor licensed under this

 

 

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1 Act finds any indication of a disease or condition that in his
2 or her professional judgment requires professional service
3 outside the scope of practice as defined in this Act, he or she
4 shall refer that person to a physician licensed to practice
5 medicine in all of its branches.
6 (Source: P.A. 93-1041, eff. 9-29-04.)
 
7     (225 ILCS 135/25)
8     (Section scheduled to be repealed on January 1, 2015)
9     Sec. 25. Unlicensed practice; violation; civil penalty.
10     (a) Beginning 12 months after the adoption of the final
11 administrative rules on January 1, 2006, any person who
12 practices, offers to practice, attempts to practice, or holds
13 himself or herself out to practice as a genetic counselor
14 without being licensed or exempt under this Act shall, in
15 addition to any other penalty provided by law, pay a civil
16 penalty to the Department in an amount not to exceed $5,000 for
17 each offense, as determined by the Department. Civil penalty
18 shall be assessed by the Department after a hearing is held in
19 accordance with the provisions set forth in this Act regarding
20 the provision of a hearing for the discipline of a licensee.
21     (b) The Department may investigate any actual, alleged, or
22 suspected unlicensed activity.
23     (c) The civil penalty shall be paid within 60 days after
24 the effective date of the order imposing the civil penalty. The
25 order shall constitute a final judgment and may be filed and
26 execution had thereon in the same manner as any judgment from
27 any court of record.
28 (Source: P.A. 93-1041, eff. 9-29-04.)
 
29     (225 ILCS 135/30)
30     (Section scheduled to be repealed on January 1, 2015)
31     Sec. 30. Powers and duties of the Department. Subject to
32 the provisions of this Act, the Department may:

 

 

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1     (a) authorize examinations to ascertain the qualifications
2 and fitness of applicants for licensing as genetic counselors
3 and pass upon the qualifications of applicants for licensure by
4 endorsement;
5     (b) conduct hearings on proceedings to refuse to issue or
6 renew or to revoke licenses or suspend, place on probation,
7 censure, or reprimand persons licensed under this Act, and to
8 refuse to issue or renew or to revoke licenses, or suspend,
9 place on probation, censure, or reprimand persons licensed
10 under this Act;
11     (c) adopt rules necessary for the administration of this
12 Act; and
13     (d) maintain rosters of the names and addresses of all
14 licensees and all persons whose licenses have been suspended,
15 revoked, or denied renewal for cause within the previous
16 calendar year. These rosters shall be available upon written
17 request and payment of the required fee.
18 (Source: P.A. 93-1041, eff. 9-29-04.)
 
19     (225 ILCS 135/40)
20     (Section scheduled to be repealed on January 1, 2015)
21     Sec. 40. Application for original license. Applications
22 for original licenses shall be made to the Department on forms
23 prescribed by the Department and accompanied by the required
24 fee, which is not refundable. All applications shall contain
25 such information that, in the judgment of the Department, will
26 enable the Department to pass on the qualifications of the
27 applicant for a license to practice as a genetic counselor.
28     If an applicant fails to obtain a license under this Act
29 within 3 years after filing his or her application, the
30 application shall be denied. The applicant may make a new
31 application, which shall be accompanied by the required
32 nonrefundable fee. The applicant shall be required to meet the
33 qualifications required for licensure at the time of

 

 

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1 reapplication.
2 (Source: P.A. 93-1041, eff. 9-29-04.)
 
3     (225 ILCS 135/50)
4     (Section scheduled to be repealed on January 1, 2015)
5     Sec. 50. Examination; failure or refusal to take
6 examination.
7     (a) Applicants for genetic counseling licensure must
8 provide evidence that they have successfully completed the
9 certification examination provided by the ABGC or ABMG, if they
10 are master's degree trained genetic counselors, or the ABMG, if
11 they are PhD trained medical geneticists; or successfully
12 completed the examination provided by the successor agencies of
13 the ABGC or ABMG. The examinations shall be of a character to
14 fairly test the competence and qualifications of the applicants
15 to practice genetic counseling.
16      (b) (Blank). If an applicant neglects, fails, or refuses
17 to take an examination or fails to pass an examination for a
18 license under this Act within 2 exam cycles after receiving a
19 temporary license, the application will be denied. However,
20 such applicant may thereafter make a new application for
21 license only if the applicant provides documentation of passing
22 the certification examination offered through the ABGC or ABMG
23 or their successor agencies and satisfies the requirements then
24 in existence for a license.
25 (Source: P.A. 93-1041, eff. 9-29-04.)
 
26     (225 ILCS 135/55)
27     (Section scheduled to be repealed on January 1, 2015)
28     Sec. 55. Qualifications for licensure. A person shall be
29 qualified for licensure as a genetic counselor and the
30 Department may shall issue a license if that person:
31         (1) has applied in writing in form and substance
32     satisfactory to the Department; is at least 21 years of

 

 

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1     age;
2         (2) has not engaged in conduct or activities which
3     would constitute grounds for discipline under this Act;
4         (3) (i) has successfully completed a Master's degree in
5     genetic counseling from an ABGC or ABMG accredited training
6     program or an equivalent program approved by the ABGC or
7     (ii) is a physician or (iii) has a doctoral degree and has
8     successfully completed an ABMG accredited medical genetics
9     training program or an equivalent program approved by the
10     ABMG has not violated any of the provisions of Sections 20
11     or 25 of this Act or the rules promulgated thereunder. The
12     Department may take into consideration any felony
13     conviction of the applicant but such conviction shall not
14     operate as an absolute bar to licensure;
15         (4) has successfully completed an examination provided
16     by the ABGC or its successor, the ABMG or its successor, or
17     a substantially equivalent examination approved by the
18     Department; provided documentation of the successful
19     completion of the certification examination and current
20     certification provided by the American Board of Genetic
21     Counseling or the American Board of Medical Genetics, or
22     their successor agencies; and
23         (5) has paid the fees required by rule; this Act.
24         (6) has met the requirements for certification set
25     forth by the ABGC or its successor or the ABMG or its
26     successor; and
27         (7) has met any other requirements established by rule.
28 (Source: P.A. 93-1041, eff. 9-29-04.)
 
29     (225 ILCS 135/60)
30     (Section scheduled to be repealed on January 1, 2015)
31     Sec. 60. Temporary letter of authorization to practice
32 licensure. Individuals who (i) have successfully completed an
33 approved genetic counselor program, as determined by rule of

 

 

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1 the Department, (ii) have made application to the Department,
2 and (iii) have submitted evidence to the Department of
3 admission to a certifying examination administered by the ABGC
4 or its successor or the ABMG or its successor shall be issued a
5 temporary letter of authorization that shall allow the
6 applicant to practice as a genetic counselor until he or she
7 receives certification from the ABGC or its successor or the
8 ABMG or its successor or until 12 months have elapsed,
9 whichever comes first.
10     Under no circumstances may an applicant continue to
11 practice under the temporary letter of authorization after he
12 or she receives notification that he or she has failed the
13 examination. The temporary letter of authorization is not
14 renewable.
15     (a) A person shall be qualified for temporary licensure as
16 a genetic counselor and the Department shall issue a temporary
17 license if that person:
18         (1) has successfully completed a Master's degree in
19     genetic counseling from an ABGC or ABMG accredited training
20     program or its equivalent as established by the ABGC or is
21     a physician or has a doctoral degree and has successfully
22     completed an ABMG accredited medical genetics training
23     program or its equivalent as established by the ABMG;
24         (2) has submitted evidence to the Department of active
25     candidate status for the certifying examination
26     administered by the ABGC or the ABMG or their successor
27     agencies; and
28         (3) has made application to the Department and paid the
29     required fees.
30     (b) A temporary license shall allow the applicant to
31 practice under the supervision of a qualified supervisor until
32 he or she receives certification from the ABGC or the ABMG or
33 their successor agencies or 2 exam cycles have elapsed,
34 whichever comes first.

 

 

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1     (c) Under no circumstances shall an applicant continue to
2 practice on the temporary license for more than 30 days after
3 notification that he or she has not passed the examination
4 within 2 exam cycles after receiving the temporary license.
5 However, the applicant may thereafter make a new application to
6 the Department for a license satisfying the requirements then
7 in existence for a license.
8 (Source: P.A. 93-1041, eff. 9-29-04.)
 
9     (225 ILCS 135/65)
10     (Section scheduled to be repealed on January 1, 2015)
11     Sec. 65. Licenses; renewal; restoration; person in
12 military service; inactive status.
13     (a) The expiration date and renewal period for each license
14 issued under this Act shall be set by rule. As a condition of
15 renewal of a license, a licensee must complete continuing
16 education requirements established by rule of the Department
17 The licensee may renew a license during the 30-day period
18 preceding its expiration date by paying the required fee and
19 demonstrating compliance with continuing education
20 requirements established by rule.
21     (b) Any person who has permitted a license to expire or who
22 has a license on inactive status may have it restored by
23 submitting an application to the Department and filing proof of
24 fitness, as defined by rule, to have the license restored,
25 including, if appropriate, evidence which is satisfactory to
26 the Department certifying the active practice of genetic
27 counseling in another jurisdiction, and by paying the required
28 fee.
29     (c) If the person has not maintained an active practice in
30 another jurisdiction that is satisfactory to the Department,
31 the Department shall determine the person's fitness to resume
32 active status. The Department may also require the person to
33 complete a specific period of evaluated genetic counseling work

 

 

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1 experience under the supervision of a qualified clinical
2 supervisor and may require demonstration of completion of
3 continuing education requirements.
4     (d) Any person whose license expired while on active duty
5 with the armed forces of the United States, while called into
6 service or training with the State Militia, or while in
7 training or education under the supervision of the United
8 States government prior to induction into military service may
9 have his license restored without paying any renewal fees if,
10 within 2 years after the termination of such service, training,
11 or education, except under conditions other than honorable, the
12 Department is furnished with satisfactory evidence that the
13 person has been so engaged and that such service, training, or
14 education has been so terminated.
15     (e) A license to practice shall not be denied any applicant
16 because of the applicant's race, religion, creed, national
17 origin, political beliefs or activities, age, sex, or physical
18 impairment.
19 (Source: P.A. 93-1041, eff. 9-29-04.)
 
20     (225 ILCS 135/73 new)
21     (Section scheduled to be repealed on January 1, 2015)
22     Sec. 73. Inactive status. A person who notifies the
23 Department in writing on forms prescribed by the Department may
24 elect to place his or her license on inactive status and shall,
25 subject to rule of the Department, be excused from payment of
26 renewal fees until he or she notifies the Department, in
27 writing, of his or her desire to resume active status.
28     A person requesting restoration from inactive status shall
29 be required to pay the current renewal fee and shall be
30 required to restore his or her license, pursuant to Section 65
31 of this Act.
32     Practice by an individual whose license is on inactive
33 status shall be considered to be the unlicensed practice of

 

 

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1 genetic counseling and shall be grounds for discipline under
2 this Act.
 
3     (225 ILCS 135/75)
4     (Section scheduled to be repealed on January 1, 2015)
5     Sec. 75. Fees; deposit of fees. The Department shall, by
6 rule, establish a schedule of fees for the administration and
7 enforcement of this Act, which shall include, but not be
8 limited to, fees for original licensure, license renewal, and
9 license restoration. These fees shall be nonrefundable.
10     All of the fees and fines collected under this Act shall be
11 deposited into the General Professions Dedicated Fund. The
12 moneys deposited into the General Professions Dedicated Fund
13 shall be used by the Department, as appropriate, for the
14 ordinary and contingent expenses of the Department. Moneys in
15 the General Professions Dedicated Fund may be invested and
16 reinvested, with all earnings received from these investments
17 being deposited into that Fund and used for the same purposes
18 as the fees and fines deposited in that Fund.
19 The fees imposed under this Act shall be set by rule and are
20 not refundable. All of the fees collected under this Act shall
21 be deposited into the General Professions Dedicated Fund.
22 (Source: P.A. 93-1041, eff. 9-29-04.)
 
23     (225 ILCS 135/85)
24     (Section scheduled to be repealed on January 1, 2015)
25     Sec. 85. Endorsement. The Department may issue a license as
26 a genetic counselor, without administering the required
27 examination, to an applicant currently licensed under the laws
28 of another state if the requirements for licensure in that
29 state are, on the date of licensure, substantially equal to the
30 requirements of this Act or to a person who, at the time of his
31 or her application for licensure, possesses individual
32 qualifications that are substantially equivalent to the

 

 

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1 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

 

 

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1     felony, a misdemeanor, an essential element of which is
2     dishonesty, or a crime that is directly related to the
3     practice of the profession.
4         (4) Making any misrepresentation for the purpose of
5     obtaining a license, or violating any provision of this Act
6     or its rules.
7         (5) Professional incompetence or gross negligence in
8     the rendering of genetic counseling services.
9         (6) Gross or repeated negligence.
10         (7) Aiding or assisting another person in violating any
11     provision of this Act or any rules.
12         (8) Failing to provide information within 60 days in
13     response to a written request made by the Department.
14         (9) Engaging in dishonorable, unethical, or
15     unprofessional conduct of a character likely to deceive,
16     defraud, or harm the public and violating the rules of
17     professional conduct adopted by the Department.
18         (10) Failing to maintain the confidentiality of any
19     information received from a client, unless otherwise
20     authorized or required by law.
21         (11) Exploiting a client for personal advantage,
22     profit, or interest.
23         (12) Habitual or excessive use or addiction to alcohol,
24     narcotics, stimulants, or any other chemical agent or drug
25     which results in inability to practice with reasonable
26     skill, judgment, or safety.
27         (13) Discipline by another jurisdiction, if at least
28     one of the grounds for the discipline is the same or
29     substantially equivalent to those set forth in this
30     Section.
31         (14) Directly or indirectly giving to or receiving from
32     any person, firm, corporation, partnership, or association
33     any fee, commission, rebate, or other form of compensation
34     for any professional service not actually rendered.

 

 

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1         (15) A finding by the Department that the licensee,
2     after having the license placed on probationary status has
3     violated the terms of probation.
4         (16) Failing to refer a client to other health care
5     professionals when the licensee is unable or unwilling to
6     adequately support or serve the client.
7         (17) Willfully filing false reports relating to a
8     licensee's practice, including but not limited to false
9     records filed with federal or State agencies or
10     departments.
11         (18) Willfully failing to report an instance of
12     suspected child abuse or neglect as required by the Abused
13     and Neglected Child Reporting Act.
14         (19) Being named as a perpetrator in an indicated
15     report by the Department of Children and Family Services
16     pursuant to the Abused and Neglected Child Reporting Act,
17     and upon proof by clear and convincing evidence that the
18     licensee has caused a child to be an abused child or
19     neglected child as defined in the Abused and Neglected
20     Child Reporting Act.
21         (20) Physical or mental disability, including
22     deterioration through the aging process or loss of
23     abilities and skills which results in the inability to
24     practice the profession with reasonable judgment, skill,
25     or safety.
26         (21) Solicitation of professional services by using
27     false or misleading advertising.
28         (22) Failure to file a return, or to pay the tax,
29     penalty of interest shown in a filed return, or to pay any
30     final assessment of tax, penalty or interest, as required
31     by any tax Act administered by the Illinois Department of
32     Revenue or any successor agency or the Internal Revenue
33     Service or any successor agency.
34         (23) A finding that licensure has been applied for or

 

 

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1     obtained by fraudulent means.
2         (24) Practicing or attempting to practice under a name
3     other than the full name as shown on the license or any
4     other legally authorized name.
5         (25) Gross overcharging for professional services,
6     including filing statements for collection of fees or
7     monies for which services are not rendered.
8         (26) Providing genetic counseling services to
9     individuals, couples, groups, or families without a
10     written referral from either a physician licensed to
11     practice medicine in all its branches, an advanced practice
12     nurse who has a collaborative agreement with a
13     collaborating physician that authorizes the advanced
14     practice nurse to make referrals to a genetic counselor, or
15     a physician assistant who has been delegated authority to
16     make referrals to genetic counselors.
17     (b) The Department shall deny, without hearing, any
18 application or renewal for a license under this Act to any
19 person who has defaulted on an educational loan guaranteed by
20 the Illinois State Assistance Commission; however, the
21 Department may issue a license or renewal if the person in
22 default has established a satisfactory repayment record as
23 determined by the Illinois Student Assistance Commission.
24     (c) The determination by a court that a licensee is subject
25 to involuntary admission or judicial admission as provided in
26 the Mental Health and Developmental Disabilities Code will
27 result in an automatic suspension of his or her license. The
28 suspension will end upon a finding by a court that the licensee
29 is no longer subject to involuntary admission or judicial
30 admission, the issuance of an order so finding and discharging
31 the patient, and the determination of the Director that the
32 licensee be allowed to resume professional practice.
33 (Source: P.A. 93-1041, eff. 9-29-04.)
 

 

 

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1     (225 ILCS 135/180)
2     (Section scheduled to be repealed on January 1, 2015)
3     Sec. 180. Administrative Procedure Act; application. The
4 Illinois Administrative Procedure Act is hereby expressly
5 adopted and incorporated in this Act as if all of the
6 provisions of such Act were included in this Act, except that
7 the provision of paragraph (d) of the Section 10-65 of the
8 Illinois Administrative Procedure Act, which provides that at
9 hearings the license holder has the right to show compliance
10 with all lawful requirements for retention, continuation, or
11 renewal of the certificate, is specifically excluded. For the
12 purpose of this Act the notice required under Section 10-25 of
13 the Illinois Administrative Procedure Act is deemed sufficient
14 when mailed to the last known address of a party.
15 (Source: P.A. 93-1041, eff. 9-29-04.)
 
16     (225 ILCS 135/70 rep.)
17     Section 90. The Genetic Counselor Licensing Act is amended
18 by repealing Section 70.".