Illinois General Assembly - Full Text of SB2985
Illinois General Assembly

Previous General Assemblies

Full Text of SB2985  99th General Assembly




SB2985 EnrolledLRB099 15645 MLM 39938 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Genetic Counselor Licensing Act is amended
5by changing Sections 10, 20, and 95 as follows:
6    (225 ILCS 135/10)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 10. Definitions. As used in this Act:
9    "ABGC" means the American Board of Genetic Counseling.
10    "ABMG" means the American Board of Medical Genetics.
11    "Active candidate status" is awarded to applicants who have
12received approval from the ABGC or ABMG to sit for their
13respective certification examinations.
14    "Address of record" means the designated address recorded
15by the Department in the applicant's or licensee's application
16file or license file as maintained by the Department's
17licensure maintenance unit. It is the duty of the applicant or
18licensee to inform the Department of any change of address, and
19those changes must be made either through the Department's
20website or by contacting the Department.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Genetic anomaly" means a variation in an individual's DNA



SB2985 Enrolled- 2 -LRB099 15645 MLM 39938 b

1that has been shown to confer a genetically influenced disease
2or predisposition to a genetically influenced disease or makes
3a person a carrier of such variation. A "carrier" of a genetic
4anomaly means a person who may or may not have a predisposition
5or risk of incurring a genetically influenced condition and who
6is at risk of having offspring with a genetically influenced
8    "Genetic counseling" means the provision of services,
9which may include the ordering of genetic tests, pursuant to a
10referral, to individuals, couples, groups, families, and
11organizations by one or more appropriately trained individuals
12to address the physical and psychological issues associated
13with the occurrence or risk of occurrence or recurrence of a
14genetic disorder, birth defect, disease, or potentially
15inherited or genetically influenced condition in an individual
16or a family. "Genetic counseling" consists of the following:
17        (A) Estimating the likelihood of occurrence or
18    recurrence of a birth defect or of any potentially
19    inherited or genetically influenced condition. This
20    assessment may involve:
21            (i) obtaining and analyzing a complete health
22        history of the person and his or her family;
23            (ii) reviewing pertinent medical records;
24            (iii) evaluating the risks from exposure to
25        possible mutagens or teratogens;
26            (iv) recommending genetic testing or other



SB2985 Enrolled- 3 -LRB099 15645 MLM 39938 b

1        evaluations to diagnose a condition or determine the
2        carrier status of one or more family members;
3        (B) Helping the individual, family, health care
4    provider, or health care professional (i) appreciate the
5    medical, psychological and social implications of a
6    disorder, including its features, variability, usual
7    course and management options, (ii) learn how genetic
8    factors contribute to the disorder and affect the chance
9    for recurrence of the condition in other family members,
10    and (iii) understand available options for coping with,
11    preventing, or reducing the chance of occurrence or
12    recurrence of a condition.
13        (C) Facilitating an individual's or family's (i)
14    exploration of the perception of risk and burden associated
15    with the disorder and (ii) adjustment and adaptation to the
16    condition or their genetic risk by addressing needs for
17    psychological, social, and medical support.
18    "Genetic counselor" means a person licensed under this Act
19to engage in the practice of genetic counseling.
20    "Genetic testing" and "genetic test" mean a test or
21analysis of human genes, gene products, DNA, RNA, chromosomes,
22proteins, or metabolites that detects genotypes, mutations,
23chromosomal changes, abnormalities, or deficiencies, including
24carrier status, that (i) are linked to physical or mental
25disorders or impairments, (ii) indicate a susceptibility to
26illness, disease, impairment, or other disorders, whether



SB2985 Enrolled- 4 -LRB099 15645 MLM 39938 b

1physical or mental, or (iii) demonstrate genetic or chromosomal
2damage due to environmental factors. "Genetic testing" and
3"genetic tests" do not include routine physical measurements;
4chemical, blood and urine analyses that are widely accepted and
5in use in clinical practice; tests for use of drugs; tests for
6the presence of the human immunodeficiency virus; analyses of
7proteins or metabolites that do not detect genotypes,
8mutations, chromosomal changes, abnormalities, or
9deficiencies; or analyses of proteins or metabolites that are
10directly related to a manifested disease, disorder, or
11pathological condition that could reasonably be detected by a
12health care professional with appropriate training and
13expertise in the field of medicine involved.
14    "Person" means an individual, association, partnership, or
16    "Qualified supervisor" means any person who is a licensed
17genetic counselor, as defined by rule, or a physician licensed
18to practice medicine in all its branches. A qualified
19supervisor may be provided at the applicant's place of work, or
20may be contracted by the applicant to provide supervision. The
21qualified supervisor shall file written documentation with the
22Department of employment, discharge, or supervisory control of
23a genetic counselor at the time of employment, discharge, or
24assumption of supervision of a genetic counselor.
25    "Referral" means a written or telecommunicated
26authorization for genetic counseling services from a physician



SB2985 Enrolled- 5 -LRB099 15645 MLM 39938 b

1licensed to practice medicine in all its branches, a licensed
2advanced practice nurse, or a licensed physician assistant.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Supervision" means review of aspects of genetic
6counseling and case management in a bimonthly meeting with the
7person under supervision.
8(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
9    (225 ILCS 135/20)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 20. Restrictions and limitations.
12    (a) Except as provided in Section 15, no person shall,
13without a valid license as a genetic counselor issued by the
14Department (i) in any manner hold himself or herself out to the
15public as a genetic counselor under this Act; (ii) use in
16connection with his or her name or place of business the title
17"genetic counselor", "licensed genetic counselor", "gene
18counselor", "genetic consultant", or "genetic associate" or
19any words, letters, abbreviations, or insignia indicating or
20implying a person has met the qualifications for or has the
21license issued under this Act; or (iii) offer to render or
22render to individuals, corporations, or the public genetic
23counseling services if the words "genetic counselor" or
24"licensed genetic counselor" are used to describe the person
25offering to render or rendering them, or "genetic counseling"



SB2985 Enrolled- 6 -LRB099 15645 MLM 39938 b

1is used to describe the services rendered or offered to be
3    (b) (Blank). No licensed genetic counselor may provide
4genetic counseling to individuals, couples, groups, or
5families without a referral from a physician licensed to
6practice medicine in all its branches, a licensed advanced
7practice nurse, or a licensed physician assistant. The
8physician, advanced practice nurse, or physician assistant
9shall maintain supervision of the patient and be provided
10timely written reports on the services, including genetic
11testing results, provided by the licensed genetic counselor.
12Genetic testing shall be ordered by a physician licensed to
13practice medicine in all its branches or a genetic counselor
14pursuant to a referral that gives the specific authority to
15order genetic tests. Genetic test results and reports shall be
16provided to the referring physician, advanced practice nurse,
17or physician assistant. General seminars or talks to groups or
18organizations on genetic counseling that do not include
19individual, couple, or family specific counseling may be
20conducted without a referral. In clinical settings, genetic
21counselors who serve as a liaison between family members of a
22patient and a genetic research project, may, with the consent
23of the patient, provide information to family members for the
24purpose of gathering additional information, as it relates to
25the patient, without a referral. In non-clinical settings where
26no patient is being treated, genetic counselors who serve as a



SB2985 Enrolled- 7 -LRB099 15645 MLM 39938 b

1liaison between a genetic research project and participants in
2that genetic research project may provide information to the
3participants, without a referral.
4    (c) No association or partnership shall practice genetic
5counseling unless every member, partner, and employee of the
6association or partnership who practices genetic counseling or
7who renders genetic counseling services holds a valid license
8issued under this Act. No license shall be issued to a
9corporation, the stated purpose of which includes or which
10practices or which holds itself out as available to practice
11genetic counseling, unless it is organized under the
12Professional Service Corporation Act.
13    (d) Nothing in this Act shall be construed as permitting
14persons licensed as genetic counselors to engage in any manner
15in the practice of medicine in all its branches as defined by
16law in this State.
17    (e) Nothing in this Act shall be construed to authorize a
18licensed genetic counselor to diagnose, test (unless
19authorized in a referral), or treat any genetic or other
20disease or condition.
21    (f) When, in the course of providing genetic counseling
22services to any person, a genetic counselor licensed under this
23Act finds any indication of a disease or condition that in his
24or her professional judgment requires professional service
25outside the scope of practice as defined in this Act, he or she
26shall refer that person to a physician licensed to practice



SB2985 Enrolled- 8 -LRB099 15645 MLM 39938 b

1medicine in all of its branches.
2(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
3    (225 ILCS 135/95)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 95. Grounds for discipline.
6    (a) The Department may refuse to issue, renew, or may
7revoke, suspend, place on probation, reprimand, or take other
8disciplinary or non-disciplinary action as the Department
9deems appropriate, including the issuance of fines not to
10exceed $10,000 for each violation, with regard to any license
11for any one or more of the following:
12        (1) Material misstatement in furnishing information to
13    the Department or to any other State agency.
14        (2) Violations or negligent or intentional disregard
15    of this Act, or any of its rules.
16        (3) Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or
18    sentencing, including, but not limited to, convictions,
19    preceding sentences of supervision, conditional discharge,
20    or first offender probation, under the laws of any
21    jurisdiction of the United States: (i) that is a felony or
22    (ii) that is a misdemeanor, an essential element of which
23    is dishonesty, or that is directly related to the practice
24    of genetic counseling.
25        (4) Making any misrepresentation for the purpose of



SB2985 Enrolled- 9 -LRB099 15645 MLM 39938 b

1    obtaining a license, or violating any provision of this Act
2    or its rules.
3        (5) Negligence in the rendering of genetic counseling
4    services.
5        (6) Failure to provide genetic testing results and any
6    requested information to a referring physician licensed to
7    practice medicine in all its branches, advanced practice
8    nurse, or physician assistant.
9        (7) Aiding or assisting another person in violating any
10    provision of this Act or any rules.
11        (8) Failing to provide information within 60 days in
12    response to a written request made by the Department.
13        (9) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public and violating the rules of
16    professional conduct adopted by the Department.
17        (10) Failing to maintain the confidentiality of any
18    information received from a client, unless otherwise
19    authorized or required by law.
20        (10.5) Failure to maintain client records of services
21    provided and provide copies to clients upon request.
22        (11) Exploiting a client for personal advantage,
23    profit, or interest.
24        (12) Habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    which results in inability to practice with reasonable



SB2985 Enrolled- 10 -LRB099 15645 MLM 39938 b

1    skill, judgment, or safety.
2        (13) Discipline by another governmental agency or unit
3    of government, by any jurisdiction of the United States, or
4    by a foreign nation, if at least one of the grounds for the
5    discipline is the same or substantially equivalent to those
6    set forth in this Section.
7        (14) Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership, or association
9    any fee, commission, rebate, or other form of compensation
10    for any professional service not actually rendered.
11    Nothing in this paragraph (14) affects any bona fide
12    independent contractor or employment arrangements among
13    health care professionals, health facilities, health care
14    providers, or other entities, except as otherwise
15    prohibited by law. Any employment arrangements may include
16    provisions for compensation, health insurance, pension, or
17    other employment benefits for the provision of services
18    within the scope of the licensee's practice under this Act.
19    Nothing in this paragraph (14) shall be construed to
20    require an employment arrangement to receive professional
21    fees for services rendered.
22        (15) A finding by the Department that the licensee,
23    after having the license placed on probationary status has
24    violated the terms of probation.
25        (16) Failing to refer a client to other health care
26    professionals when the licensee is unable or unwilling to



SB2985 Enrolled- 11 -LRB099 15645 MLM 39938 b

1    adequately support or serve the client.
2        (17) Willfully filing false reports relating to a
3    licensee's practice, including but not limited to false
4    records filed with federal or State agencies or
5    departments.
6        (18) Willfully failing to report an instance of
7    suspected child abuse or neglect as required by the Abused
8    and Neglected Child Reporting Act.
9        (19) Being named as a perpetrator in an indicated
10    report by the Department of Children and Family Services
11    pursuant to the Abused and Neglected Child Reporting Act,
12    and upon proof by clear and convincing evidence that the
13    licensee has caused a child to be an abused child or
14    neglected child as defined in the Abused and Neglected
15    Child Reporting Act.
16        (20) Physical or mental disability, including
17    deterioration through the aging process or loss of
18    abilities and skills which results in the inability to
19    practice the profession with reasonable judgment, skill,
20    or safety.
21        (21) Solicitation of professional services by using
22    false or misleading advertising.
23        (22) Failure to file a return, or to pay the tax,
24    penalty of interest shown in a filed return, or to pay any
25    final assessment of tax, penalty or interest, as required
26    by any tax Act administered by the Illinois Department of



SB2985 Enrolled- 12 -LRB099 15645 MLM 39938 b

1    Revenue or any successor agency or the Internal Revenue
2    Service or any successor agency.
3        (23) Fraud or making any misrepresentation in applying
4    for or procuring a license under this Act or in connection
5    with applying for renewal of a license under this Act.
6        (24) Practicing or attempting to practice under a name
7    other than the full name as shown on the license or any
8    other legally authorized name.
9        (25) Gross overcharging for professional services,
10    including filing statements for collection of fees or
11    monies for which services are not rendered.
12        (26) (Blank). Providing genetic counseling services to
13    individuals, couples, groups, or families without a
14    referral from either a physician licensed to practice
15    medicine in all its branches, a licensed advanced practice
16    nurse, or a licensed physician assistant.
17        (27) Charging for professional services not rendered,
18    including filing false statements for the collection of
19    fees for which services are not rendered.
20        (28) Allowing one's license under this Act to be used
21    by an unlicensed person in violation of this Act.
22    (b) The Department shall deny, without hearing, any
23application or renewal for a license under this Act to any
24person who has defaulted on an educational loan guaranteed by
25the Illinois State Assistance Commission; however, the
26Department may issue a license or renewal if the person in



SB2985 Enrolled- 13 -LRB099 15645 MLM 39938 b

1default has established a satisfactory repayment record as
2determined by the Illinois Student Assistance Commission.
3    (c) The determination by a court that a licensee is subject
4to involuntary admission or judicial admission as provided in
5the Mental Health and Developmental Disabilities Code will
6result in an automatic suspension of his or her license. The
7suspension will end upon a finding by a court that the licensee
8is no longer subject to involuntary admission or judicial
9admission, the issuance of an order so finding and discharging
10the patient, and the determination of the Secretary that the
11licensee be allowed to resume professional practice.
12    (d) The Department may refuse to issue or renew or may
13suspend without hearing the license of any person who fails to
14file a return, to pay the tax penalty or interest shown in a
15filed return, or to pay any final assessment of the tax,
16penalty, or interest as required by any Act regarding the
17payment of taxes administered by the Illinois Department of
18Revenue until the requirements of the Act are satisfied in
19accordance with subsection (g) of Section 2105-15 of the Civil
20Administrative Code of Illinois.
21    (e) In cases where the Department of Healthcare and Family
22Services has previously determined that a licensee or a
23potential licensee is more than 30 days delinquent in the
24payment of child support and has subsequently certified the
25delinquency to the Department, the Department may refuse to
26issue or renew or may revoke or suspend that person's license



SB2985 Enrolled- 14 -LRB099 15645 MLM 39938 b

1or may take other disciplinary action against that person based
2solely upon the certification of delinquency made by the
3Department of Healthcare and Family Services in accordance with
4item (5) of subsection (a) of Section 2105-15 of the Department
5of Professional Regulation Law of the Civil Administrative Code
6of Illinois.
7    (f) All fines or costs imposed under this Section shall be
8paid within 60 days after the effective date of the order
9imposing the fine or costs or in accordance with the terms set
10forth in the order imposing the fine.
11(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)