Full Text of HB4200 93rd General Assembly
HB4200eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning professional 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 1. Short title. This Act may be cited as the | 5 |
| Genetic Counselor Licensing Act. | 6 |
| Section 5. Declaration of public policy. The mapping of | 7 |
| the human genome continues to result in the rapid expansion of | 8 |
| genetic knowledge and a proliferation of testing for genetic | 9 |
| conditions. This has created a need for qualified medical | 10 |
| genetics professionals, including genetic counselors, to | 11 |
| coordinate an assessment that may include genetic testing, to | 12 |
| deliver accurate information to families, to assist the | 13 |
| families in adjusting to the implications of their diagnoses, | 14 |
| and to help ensure that genetic information is used | 15 |
| appropriately in the delivery of medical care. Therefore, the | 16 |
| practice of genetic counseling is declared to affect the public | 17 |
| health, safety, and welfare and to be subject to regulation in | 18 |
| the public interest. The purpose of the Act is to protect and | 19 |
| benefit the public by setting standards of qualifications, | 20 |
| education, training, and experience for those who seek to | 21 |
| obtain a license and hold the title of genetic counselor, to | 22 |
| promote high standards of professional performance for those | 23 |
| licensed to practice genetic counseling in the State of | 24 |
| Illinois, and to protect the public from unprofessional conduct | 25 |
| by persons licensed to practice genetic counseling. | 26 |
| Section 10. Definitions. As used in this Act: | 27 |
| "ABGC" means the American Board of Genetic Counseling. | 28 |
| "ABMG" means the American Board of Medical Genetics. | 29 |
| "Active candidate status" is awarded to applicants who have | 30 |
| received approval from the ABGC or ABMG to sit for their | 31 |
| respective certification examinations.
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| "Department" means the Department of Professional | 2 |
| Regulation. | 3 |
| "Director" means the Director of Professional Regulation. | 4 |
| "Genetic anomaly" means a variation in an individual's DNA | 5 |
| that has been shown to confer a genetically influenced disease | 6 |
| or predisposition to a genetically influenced disease or makes | 7 |
| a person a carrier of such variation. A "carrier" of a genetic | 8 |
| anomaly means a person who may or may not have a predisposition | 9 |
| or risk of incurring a genetically influenced condition and who | 10 |
| is at risk of having offspring with a genetically influenced | 11 |
| condition.
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| "Genetic counseling" means the provision of services to | 13 |
| individuals, couples, groups, families, and organizations by | 14 |
| one or more appropriately trained individuals to address the | 15 |
| physical and psychological issues associated with the | 16 |
| occurrence or risk of occurrence or recurrence of a genetic | 17 |
| disorder, birth defect, disease, or potentially inherited or | 18 |
| genetically influenced condition in an individual or a family.
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| "Genetic counseling" includes, but is not limited to, the | 20 |
| following: | 21 |
| (A) Estimating the likelihood of occurrence or | 22 |
| recurrence of a birth defect or of any potentially | 23 |
| inherited or genetically influenced condition. This | 24 |
| assessment may involve: | 25 |
| (i) obtaining and analyzing a complete health | 26 |
| history of the person and his or her family; | 27 |
| (ii) reviewing pertinent medical records; | 28 |
| (iii) evaluating the risks from exposure to | 29 |
| possible mutagens or teratogens; | 30 |
| (iv) recommending genetic testing or other | 31 |
| evaluations to diagnose a condition or determine the | 32 |
| carrier status of one or more family members; | 33 |
| (B) Helping the individual, family, health care | 34 |
| provider, or public
(i) appreciate the medical, | 35 |
| psychological and social implications of a disorder, | 36 |
| including its features, variability, usual course and |
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| management options, (ii) learn how genetic factors | 2 |
| contribute to the disorder and affect the chance for | 3 |
| recurrence of the condition in other family members, (iii) | 4 |
| understand available options for coping with, preventing, | 5 |
| or reducing the chance of
occurrence or recurrence of a | 6 |
| condition, (iv) select the most appropriate, accurate, and | 7 |
| cost-effective methods of diagnosis, and (v) understand | 8 |
| genetic or prenatal tests, coordinate testing for | 9 |
| inherited disorders, and
interpret complex genetic test | 10 |
| results.
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| (C) Facilitating an individual's or family's
(i) | 12 |
| exploration of the perception of risk and burden associated | 13 |
| with the disorder, (ii) decision-making regarding testing | 14 |
| or medical interventions consistent with their beliefs, | 15 |
| goals, needs, resources, culture, and ethical and moral | 16 |
| views, and (iii) adjustment and adaptation to the condition | 17 |
| or their genetic risk by addressing needs for
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| psychological, social, and medical support. | 19 |
| (D) Entering pertinent patient interactions into the | 20 |
| patient's medical records.
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| "Genetic counselor" means a person licensed under this Act | 22 |
| to engage in the practice of genetic counseling. | 23 |
| "Genetic test" is a test of a person's genes, gene | 24 |
| products, or chromosomes for abnormalities or deficiencies, | 25 |
| including carrier status, that are linked to physical or mental | 26 |
| disorders or impairments, indicate a susceptibility to | 27 |
| illness, disease, impairment, or other disorders, whether | 28 |
| physical or mental, or demonstrate genetic or chromosomal | 29 |
| damage due to environmental factors. "Genetic testing" does not | 30 |
| include routine physical measurements; chemical, blood, and | 31 |
| urine analyses that are widely accepted and in use in clinical | 32 |
| practice; tests for use of drugs; and tests for the presence of | 33 |
| the human immunodeficiency virus. | 34 |
| "Person" means an individual, association, partnership, or | 35 |
| corporation. | 36 |
| "Qualified supervisor" means any person who is a licensed |
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| genetic counselor, as defined by rule, or a physician with a | 2 |
| specialty in genetics certified by the American Board of | 3 |
| Medical Genetics. A qualified supervisor may be provided at the | 4 |
| applicant's place of work, or may be contracted by the | 5 |
| applicant to provide supervision. The qualified supervisor | 6 |
| shall file written documentation to the Department of | 7 |
| employment, discharge, or supervisory control of a genetic | 8 |
| counselor at the time of employment, discharge, or assumption | 9 |
| of supervision of a genetic counselor. | 10 |
| "Supervision" means review of aspects of genetic | 11 |
| counseling and case management in a bimonthly meeting with the | 12 |
| person under supervision. | 13 |
| Section 15. Exemptions.
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| (a) This Act does not prohibit any persons legally | 15 |
| regulated in this State by any other Act from engaging in the | 16 |
| practice for which they are authorized as long as they do not | 17 |
| represent themselves by the title of "genetic counselor" or | 18 |
| "licensed genetic counselor". This Act does not prohibit the | 19 |
| practice of nonregulated professions whose practitioners are | 20 |
| engaged in the delivery of human services as long as these | 21 |
| practitioners do not represent themselves as or use the title | 22 |
| of "genetic counselor" or "licensed genetic counselor".
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| (b) Nothing in this Act shall be construed to limit the | 24 |
| activities and services of (i) a student, intern, resident, or | 25 |
| fellow in genetic counseling or genetics seeking to fulfill | 26 |
| educational requirements in order to qualify for a license | 27 |
| under this Act if these activities and services constitute a | 28 |
| part of the student's supervised course of study or (ii) an | 29 |
| individual seeking to fulfill the post-degree experience | 30 |
| requirements in order to qualify for licensing under this Act, | 31 |
| as long as the activities and services are not conducted in an | 32 |
| independent practice if the activities and services are | 33 |
| supervised by a qualified supervisor. A student, intern, | 34 |
| resident, or fellow must be designated by the title "intern", | 35 |
| "resident", "fellow", or any other designation of trainee |
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| status. Nothing contained in this subsection shall be construed | 2 |
| to permit students, interns, residents, or fellows to offer | 3 |
| their services as genetic counselors or geneticists to any | 4 |
| other person and to accept remuneration for such genetic | 5 |
| counseling services, except as specifically provided in this | 6 |
| subsection or subsection (c).
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| (c) Corporations, partnerships, and associations may | 8 |
| employ students, interns, or post-degree candidates seeking to | 9 |
| fulfill educational requirements or the professional | 10 |
| experience requirements needed to qualify for a license under | 11 |
| this Act if their activities and services constitute a part of | 12 |
| the student's supervised course of study or post-degree | 13 |
| professional experience requirements. Nothing in this | 14 |
| subsection shall prohibit a corporation, partnership, or | 15 |
| association from contracting with a licensed health care | 16 |
| professional to provide services that they are licensed to | 17 |
| provide.
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| (d) Nothing in this Act shall prevent the employment, by a | 19 |
| genetic counselor, person, association, partnership, or | 20 |
| corporation furnishing genetic counseling services for | 21 |
| remuneration, of persons not licensed as genetic counselors | 22 |
| under this Act to perform services in various capacities as | 23 |
| needed, if these persons are not in any manner held out to the | 24 |
| public or do not hold themselves out to the public by any title | 25 |
| or designation stating or implying that they are genetic | 26 |
| counselors.
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| (e) Nothing in this Act shall be construed to limit the | 28 |
| services of a person, not licensed under the provisions of this | 29 |
| Act, in the employ of a federal, State, county, or municipal | 30 |
| agency or other political subdivision or not-for-profit | 31 |
| corporation providing human services if (i) the services are a | 32 |
| part of the duties in his or her salaried position, (ii) the | 33 |
| services are performed solely on behalf of his or her employer, | 34 |
| and (iii) that person does not in any manner represent himself | 35 |
| or herself as or use the title of "genetic counselor" or | 36 |
| "licensed genetic counselor".
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| (f) Duly recognized members of any religious organization | 2 |
| shall not be restricted from functioning in their ministerial | 3 |
| capacity provided they do not represent themselves as being | 4 |
| genetic counselors or as providing genetic counseling. | 5 |
| (g) Nothing in this Act shall be construed to limit the | 6 |
| activities and use of the official title of "genetic counselor" | 7 |
| on the part of a person not licensed under this Act who is an | 8 |
| academic employee of a duly chartered institution of higher | 9 |
| education and who holds educational and professional | 10 |
| qualifications equivalent to those required for licensure | 11 |
| under this Act, insofar as such activities are performed in the | 12 |
| person's role as an academic employee, or insofar as such | 13 |
| person engages in public speaking with or without remuneration.
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| (h) Nothing in this Act shall be construed to require any | 15 |
| hospital, clinic, home health agency, hospice, or other entity | 16 |
| that provides health care to employ or to contract with a | 17 |
| person licensed under this Act to provide genetic counseling | 18 |
| services. | 19 |
| (i) Nothing in this Act shall be construed to prevent any | 20 |
| licensed social worker, licensed clinical social worker, | 21 |
| licensed clinical psychologist, licensed professional | 22 |
| counselor, or licensed clinical professional counselor from | 23 |
| practicing professional counseling as long as that person is | 24 |
| not in any manner held out to the public as a "genetic | 25 |
| counselor" or "licensed genetic counselor" or does not hold out | 26 |
| his or her services as being genetic counseling.
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| (j) Nothing in this Act shall be construed to limit the | 28 |
| competent practice of the occupation of a person not licensed | 29 |
| under this Act who is a physician licensed to practice medicine | 30 |
| in all of its branches under the Medical Practice Act of 1987. | 31 |
| (k) Nothing in this Act shall prohibit a visiting ABGC or | 32 |
| ABMG certified genetic counselor from outside the State working | 33 |
| as a consultant, or organizations from outside the State | 34 |
| employing ABGC or ABMG certified genetic counselors providing | 35 |
| occasional services, who are not licensed under this Act, from | 36 |
| engaging in the practice of genetic counseling subject to the |
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| stated circumstances and limitations.
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| Section 20. Restrictions and limitations.
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| (a) Beginning on January 1, 2006, no person shall, without | 4 |
| a valid license as a genetic counselor issued by the Department | 5 |
| (i) in any manner hold himself or herself out to the public as | 6 |
| a genetic counselor under this Act; (ii) use in connection with | 7 |
| his or her name or place of business the title "genetic | 8 |
| counselor", "licensed genetic counselor", "gene counselor", | 9 |
| "genetic consultant", or "genetic associate" or any words, | 10 |
| letters, abbreviations, or insignia indicating or implying a | 11 |
| person has met the qualifications for or has the license issued | 12 |
| under this Act; or (iii) offer to render or render to | 13 |
| individuals, corporations, or the public genetic counseling | 14 |
| services if the words "genetic counselor" or "licensed genetic | 15 |
| counselor" are used to describe the person offering to render | 16 |
| or rendering them, or "genetic counseling" is used to describe | 17 |
| the services rendered or offered to be rendered.
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| (b) Beginning on January 1, 2006, no association or | 19 |
| partnership shall practice genetic counseling unless every | 20 |
| member, partner, and employee of the association or partnership | 21 |
| who practices genetic counseling or who renders genetic | 22 |
| counseling services holds a valid license issued under this | 23 |
| Act. No license shall be issued to a corporation, the stated | 24 |
| purpose of which includes or which practices or which holds | 25 |
| itself out as available to practice genetic counseling, unless | 26 |
| it is organized under the Professional Service Corporation Act.
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| (c) Nothing in this Act shall be construed as permitting | 28 |
| persons licensed as genetic counselors to engage in any manner | 29 |
| in the practice of medicine in all its branches as defined by | 30 |
| law in this State.
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| (d) When, in the course of providing genetic counseling | 32 |
| services to any person, a genetic counselor licensed under this | 33 |
| Act finds indication of a disease or condition that in his or | 34 |
| her professional judgment requires professional service | 35 |
| 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 | 2 |
| medicine in all of its branches or another appropriate health | 3 |
| care practitioner.
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| Section 25. Unlicensed practice; violation; civil penalty.
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| (a) Beginning on January 1, 2006, any person who practices, | 6 |
| offers to practice, attempts to practice, or holds himself or | 7 |
| herself out to practice as a genetic counselor without being | 8 |
| licensed or exempt under this Act shall, in addition to any | 9 |
| other penalty provided by law, pay a civil penalty to the | 10 |
| Department in an amount not to exceed $5,000 for each offense, | 11 |
| as determined by the Department. Civil penalty shall be | 12 |
| assessed by the Department after a hearing is held in | 13 |
| accordance with the provisions set forth in this Act regarding | 14 |
| the provision of a hearing for the discipline of a licensee. | 15 |
| (b) The Department may investigate any actual, alleged, or | 16 |
| suspected unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 18 |
| the effective date of the order imposing the civil penalty. The | 19 |
| order shall constitute a final judgment and may be filed and | 20 |
| execution had thereon in the same manner as any judgment from | 21 |
| any court of record.
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| Section 30. Powers and duties of the Department. Subject to | 23 |
| the provisions of this Act, the Department may:
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| (a) authorize examinations to ascertain the qualifications | 25 |
| and fitness of applicants for licensing as genetic counselors | 26 |
| and pass upon the qualifications of applicants for licensure by | 27 |
| endorsement;
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| (b) conduct hearings on proceedings to refuse to issue or | 29 |
| renew or to revoke licenses or suspend, place on probation, | 30 |
| censure, or reprimand persons licensed under this Act, and to | 31 |
| refuse to issue or renew or to revoke licenses, or suspend, | 32 |
| place on probation, censure, or reprimand persons licensed | 33 |
| 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 | 3 |
| licensees and all persons whose licenses have been suspended, | 4 |
| revoked, or denied renewal for cause within the previous | 5 |
| calendar year. These rosters shall be available upon written | 6 |
| request and payment of the required fee. | 7 |
| Section 40. Application for original license. Applications | 8 |
| for original licenses shall be made to the Department on forms | 9 |
| prescribed by the Department and accompanied by the required | 10 |
| fee, which is not refundable. All applications shall contain | 11 |
| such information that, in the judgment of the Department, will | 12 |
| enable the Department to pass on the qualifications of the | 13 |
| applicant for a license to practice as a genetic counselor. | 14 |
| Section 45. Social Security Number on license application. | 15 |
| In addition to any other information required to be contained | 16 |
| in the application, every application for an original, renewal, | 17 |
| or restored license under this Act shall include the | 18 |
| applicant's Social Security Number. | 19 |
| Section 50. Examination; failure or refusal to take | 20 |
| examination.
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| (a) Applicants for genetic counseling licensure must | 22 |
| provide evidence that they have successfully completed the | 23 |
| certification examination provided by the ABGC or ABMG, if they | 24 |
| are master's degree trained genetic counselors, or the ABMG, if | 25 |
| they are PhD trained medical geneticists; or successfully | 26 |
| completed the examination provided by the successor agencies of | 27 |
| the ABGC or ABMG. The examinations shall be of a character to | 28 |
| fairly test the competence and qualifications of the applicants | 29 |
| to practice genetic counseling. | 30 |
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(b) If an applicant neglects, fails, or refuses to take an | 31 |
| examination or fails to pass an examination for a license under | 32 |
| this Act within 2 exam cycles after receiving a temporary | 33 |
| license, the application will be denied. However, such |
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| applicant may thereafter make a new application for license | 2 |
| only if the applicant provides documentation of passing the | 3 |
| certification examination offered through the ABGC or ABMG or | 4 |
| their successor agencies and satisfies the requirements then in | 5 |
| existence for a license.
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| Section 55. Qualifications for licensure.
A person shall be | 7 |
| qualified for licensure as a genetic counselor and the | 8 |
| Department shall issue a license if that person:
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| (1) has applied in writing in form and substance | 10 |
| satisfactory to the Department; is at least 21 years of | 11 |
| age; | 12 |
| (2) has not engaged in conduct or activities which | 13 |
| would constitute grounds for discipline under this Act; | 14 |
| (3) has not violated any of the provisions of Sections | 15 |
| 20 or 25 of this Act or the rules promulgated thereunder. | 16 |
| The Department may take into consideration any felony | 17 |
| conviction of the applicant but such conviction shall not | 18 |
| operate as an absolute bar to licensure; | 19 |
| (4) has provided documentation of the successful | 20 |
| completion of the certification examination and current | 21 |
| certification provided by the American Board of Genetic | 22 |
| Counseling or the American Board of Medical Genetics, or | 23 |
| their successor agencies; and
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| (5) has paid the fees required by this Act.
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| Section 60. Temporary licensure.
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| (a) A person shall be qualified for temporary licensure as | 27 |
| a genetic counselor and the Department shall issue a temporary | 28 |
| license if that person:
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| (1) has successfully completed a Master's degree in | 30 |
| genetic counseling from an
ABGC or ABMG accredited training | 31 |
| program or its equivalent as established by the ABGC or is | 32 |
| a physician or has a doctoral degree and has successfully | 33 |
| completed an ABMG accredited medical genetics training | 34 |
| program or its equivalent as established by the ABMG; |
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| (2) has submitted evidence to the Department of active | 2 |
| candidate status for the certifying examination | 3 |
| administered by the ABGC or the ABMG or their successor | 4 |
| agencies; and
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| (3) has made application to the Department and paid the | 6 |
| required fees.
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| (b) A temporary license shall allow the applicant to | 8 |
| practice under the supervision of a qualified supervisor until | 9 |
| he or she receives certification from the ABGC or the ABMG or | 10 |
| their successor agencies or
2 exam cycles have elapsed, | 11 |
| whichever comes first.
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| (c) Under no circumstances shall an applicant continue to | 13 |
| practice on the temporary license for more than 30 days after | 14 |
| notification that he or she has not passed the examination | 15 |
| within 2 exam cycles after receiving the temporary license. | 16 |
| However, the applicant may thereafter make a new application to | 17 |
| the Department for a license satisfying the requirements then | 18 |
| in existence for a license.
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| Section 65. Licenses; renewal; restoration; person in | 20 |
| military service; inactive status.
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| (a) The expiration date and renewal period for each license | 22 |
| issued under this Act shall be set by rule. The licensee may | 23 |
| renew a license during the 30-day period preceding its | 24 |
| expiration date by paying the required fee and demonstrating | 25 |
| compliance with continuing education requirements established | 26 |
| by rule.
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| (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.
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| (c) If the person has not maintained an active practice in |
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| another jurisdiction that is satisfactory to the Department, | 2 |
| 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.
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| (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.
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| (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, sexual | 22 |
| orientation, or physical impairment.
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| Section 70. Implementation; transitional periods.
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| (a) Upon enactment of this law, qualified applicants have 6 | 25 |
| months to submit the required fees, completed application, and | 26 |
| documentation of passing the American Board of Genetic | 27 |
| Counseling or American Board Medical Genetics certification | 28 |
| examination in order to obtain a genetic counselor license that | 29 |
| will allow the applicant to practice genetic counseling; or
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| (b) Upon enactment of this law, qualified applicants have 6 | 31 |
| months to submit the required fees, completed application, and | 32 |
| documentation of active candidate status with the American | 33 |
| Board of Genetic Counseling or American Board Medical Genetics | 34 |
| in order to obtain a temporary genetic counselor license that | 35 |
| will allow the applicant to practice genetic counseling under |
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| supervision as specified in this Act.
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| Section 75. Fees; deposit of fees. The fees imposed under | 3 |
| this Act shall be set by rule and are not refundable.
All of | 4 |
| the fees collected under this Act shall be deposited into the | 5 |
| General Professions Dedicated Fund.
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| Section 80. Checks or orders dishonored. Any person who | 7 |
| issues or delivers a check or other order to the Department | 8 |
| that is returned to the Department unpaid by the financial | 9 |
| institution upon which it is drawn shall pay to the Department, | 10 |
| in addition to the amount already owed to the Department, a | 11 |
| fine of $50. The fines imposed by this Section are in addition | 12 |
| to any other discipline provided under this Act prohibiting | 13 |
| unlicensed practice or practice on a nonrenewed license. The | 14 |
| Department shall notify the person that payment of fees and | 15 |
| fines shall be paid to the Department by certified check or | 16 |
| money order within 30 calendar days after notification. If, | 17 |
| after the expiration of 30 days from the date of the | 18 |
| notification, the person has failed to submit the necessary | 19 |
| remittance, the Department shall automatically terminate the | 20 |
| license or certification or deny the application, without | 21 |
| hearing. If, after termination or denial, the person seeks a | 22 |
| license or certificate, he or she shall apply to the Department | 23 |
| for restoration or issuance of the license or certificate and | 24 |
| pay all fees and fines due to the Department. The Department | 25 |
| may establish a fee for the processing of an application for | 26 |
| restoration of a license to pay all costs and expenses of | 27 |
| processing of this application. The Director may waive the | 28 |
| fines due under this Section in individual cases where the | 29 |
| Director finds that the fines would be unnecessarily | 30 |
| burdensome. | 31 |
| Section 85. Endorsement. The Department may issue a license | 32 |
| as a genetic counselor, to an applicant currently licensed | 33 |
| under the laws of another state or United States jurisdiction |
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| whose standards, in the opinion of the Department, were | 2 |
| substantially equivalent at the date of his or her licensure in | 3 |
| the other jurisdiction to the requirements of this Act. Such an | 4 |
| applicant shall pay all of the required fees. Applicants have 6 | 5 |
| months from the date of application to complete the application | 6 |
| process. If the process has not been completed within 6 months, | 7 |
| the application shall be denied, the fee forfeited, and the | 8 |
| applicant must reapply and meet the requirements in effect at | 9 |
| the time of reapplication. | 10 |
| Section 90. Privileged communications and exceptions.
| 11 |
| (a) No licensed genetic counselor shall disclose any | 12 |
| information acquired from persons consulting the counselor in a | 13 |
| professional capacity, except that which may be voluntarily | 14 |
| disclosed under any of the following circumstances:
| 15 |
| (1) In the course of formally reporting, conferring, or | 16 |
| consulting with administrative superiors, colleagues, or | 17 |
| consultants who share professional responsibility, in | 18 |
| which instance all recipients of the information are | 19 |
| similarly bound to regard the communication as privileged.
| 20 |
| (2) With the written consent of the person who provided | 21 |
| the information.
| 22 |
| (3) In the case of death or disability, with the | 23 |
| written consent of a personal representative, other person | 24 |
| authorized to sue, or the beneficiary of an insurance | 25 |
| policy on the person's life, health or physical condition. | 26 |
| (4) When a communication reveals the intended | 27 |
| commission of a crime or harmful act and such disclosure is | 28 |
| judged necessary by the licensed genetic counselor to | 29 |
| protect any person from a clear, imminent risk of serious | 30 |
| mental or physical harm or injury, or to forestall a | 31 |
| serious threat to the public safety. | 32 |
| (5) When the person waives the privilege by bringing | 33 |
| any public charges against the licensee. | 34 |
| (b) When the person is a minor under the laws of the State | 35 |
| of Illinois and the information acquired by the licensed |
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| genetic counselor indicates the minor was the victim or subject | 2 |
| of a crime, the licensed genetic counselor may be required to | 3 |
| testify in any judicial proceedings in which the commission of | 4 |
| that crime is the subject of inquiry when, after in camera | 5 |
| review of the information that the licensed genetic counselor | 6 |
| acquired, the court determines that the interests of the minor | 7 |
| in having the information held privileged are outweighed by the | 8 |
| requirements of justice, the need to protect the public safety | 9 |
| or the need to protect the minor, except as provided under the | 10 |
| Abused and Neglected Child Reporting Act.
| 11 |
| (c) Any person having access to records or anyone who | 12 |
| participates in providing genetic counseling services, or in | 13 |
| providing any human services, or is supervised by a licensed | 14 |
| genetic counselor is similarly bound to regard all information | 15 |
| and communications as privileged in accord with this Section.
| 16 |
| (d) Nothing in this Act shall be construed to prohibit a | 17 |
| licensed genetic counselor from voluntarily testifying in | 18 |
| court hearings concerning matters of adoption, child abuse, | 19 |
| child neglect or other matters pertaining to children, except | 20 |
| as provided under the Abused and Neglected Child Reporting Act.
| 21 |
| (e) The Mental Health and Developmental Disabilities | 22 |
| Confidentiality Act is incorporated herein as if all of its | 23 |
| provisions were included in this Act. In the event of a | 24 |
| conflict between the application of this Section and the Mental | 25 |
| Health and Developmental Disabilities Confidentiality Act to a | 26 |
| specific situation, the provisions of the Mental Health and | 27 |
| Developmental Disabilities Confidentiality Act shall control.
| 28 |
| Section 95. Grounds for discipline.
| 29 |
| (a) The Department may refuse to issue, renew, or may | 30 |
| revoke, suspend, place on probation, reprimand, or take other | 31 |
| disciplinary action as the Department deems appropriate, | 32 |
| including the issuance of fines not to exceed $1,000 for each | 33 |
| violation, with regard to any license for any one or more of | 34 |
| the following: | 35 |
| (1) Material misstatement in furnishing information to |
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| the Department or to any other State agency.
| 2 |
| (2) Violations or negligent or intentional disregard | 3 |
| of this Act, or any of its rules.
| 4 |
| (3) Conviction of any crime under the laws of the | 5 |
| United States or any state or territory thereof that is a | 6 |
| felony, a misdemeanor, an essential element of which is | 7 |
| dishonesty, or a crime that is directly related to the | 8 |
| practice of the profession.
| 9 |
| (4) Making any misrepresentation for the purpose of | 10 |
| obtaining a license, or violating any provision of this Act | 11 |
| or its rules. | 12 |
| (5) Professional incompetence or gross negligence in | 13 |
| the rendering of genetic counseling services.
| 14 |
| (6) Malpractice.
| 15 |
| (7) Aiding or assisting another person in violating any | 16 |
| provision of this Act or any rules.
| 17 |
| (8) Failing to provide information within 60 days in | 18 |
| response to a written request made by the Department.
| 19 |
| (9) Engaging in dishonorable, unethical, or | 20 |
| unprofessional conduct of a character likely to deceive, | 21 |
| defraud, or harm the public and violating the rules of | 22 |
| professional conduct adopted by the Department.
| 23 |
| (10) Failing to maintain the confidentiality of any | 24 |
| information received from a client, unless released by the | 25 |
| client or otherwise authorized or required by law.
| 26 |
| (11) Exploiting a client for personal advantage, | 27 |
| profit, or interest.
| 28 |
| (12) Habitual or excessive use or addiction to alcohol, | 29 |
| narcotics, stimulants, or any other chemical agent or drug | 30 |
| which results in inability to practice with reasonable | 31 |
| skill, judgment, or safety.
| 32 |
| (13) Discipline by another jurisdiction, if at least | 33 |
| one of the grounds for the discipline is the same or | 34 |
| substantially equivalent to those set forth in this | 35 |
| Section.
| 36 |
| (14) Directly or indirectly giving to or receiving from |
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| any person, firm, corporation, partnership, or association | 2 |
| any fee, commission, rebate, or other form of compensation | 3 |
| for any professional service not actually rendered.
| 4 |
| (15) A finding by the Department that the licensee, | 5 |
| after having the license placed on probationary status has | 6 |
| violated the terms of probation
| 7 |
| (16) Failing to refer a client to other competent | 8 |
| professionals when the licensee is unable or unwilling to | 9 |
| adequately support or serve the client.
| 10 |
| (17) Willfully filing false reports relating to a | 11 |
| licensee's practice, including but not limited to false | 12 |
| records filed with federal or State agencies or | 13 |
| departments.
| 14 |
| (18) Willfully failing to report an instance of | 15 |
| suspected child abuse or neglect as required by the Abused | 16 |
| and Neglected Child Reporting Act.
| 17 |
| (19) Being named as a perpetrator in an indicated | 18 |
| report by the Department of Children and Family Services | 19 |
| pursuant to the Abused and Neglected Child Reporting Act, | 20 |
| and upon proof by clear and convincing evidence that the | 21 |
| licensee has caused a child to be an abused child or | 22 |
| neglected child as defined in the Abused and Neglected | 23 |
| Child Reporting Act.
| 24 |
| (20) Physical or mental disability, including | 25 |
| deterioration through the aging process or loss of | 26 |
| abilities and skills which results in the inability to | 27 |
| practice the profession with reasonable judgment, skill, | 28 |
| or safety.
| 29 |
| (21) Solicitation of professional services by using | 30 |
| false or misleading advertising.
| 31 |
| (22) Failing to file a return, or to pay the tax, | 32 |
| penalty of interest shown in a filed return, or to pay any | 33 |
| final assessment of tax, penalty or interest, as required | 34 |
| by any tax Act administered by the Illinois Department of | 35 |
| Revenue or any successor agency or the Internal Revenue | 36 |
| Service or any successor agency.
|
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| (23) A finding that licensure has been applied for or | 2 |
| obtained by fraudulent means.
| 3 |
| (24) Practicing or attempting to practice under a name | 4 |
| other than the full name as shown on the license or any | 5 |
| other legally authorized name.
| 6 |
| (25) Gross overcharging for professional services, | 7 |
| including filing statements for collection of fees or | 8 |
| monies for which services are not rendered. | 9 |
| (26) Failing to enter pertinent patient interactions | 10 |
| into a patient's medical records.
| 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 Student 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 recommendation of the Director that the | 26 |
| licensee be allowed to resume professional practice.
| 27 |
| Section 100. Violations; injunction; cease and desist | 28 |
| order.
| 29 |
| (a) If any person violates the provisions of this Act, the | 30 |
| Director may, in the name of the People of the State of | 31 |
| Illinois, through the Attorney General, petition for an order | 32 |
| enjoining the violation or for an order enforcing compliance | 33 |
| with this Act. Upon the filing of a verified petition, the | 34 |
| court with appropriate jurisdiction may issue a temporary | 35 |
| restraining order without notice or bond, and may preliminarily |
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| and permanently enjoin the violation. If it is established that | 2 |
| the person has violated or is violating the injunction, the | 3 |
| court may punish the offender for contempt of court. | 4 |
| Proceedings under this Section are in addition to all other | 5 |
| remedies and penalties provided by this Act.
| 6 |
| (b) If any person holds himself or herself out as being a | 7 |
| licensed genetic counselor under this Act and is not licensed | 8 |
| to do so, then any licensed genetic counselor, interested | 9 |
| party, or any person injured thereby may petition for relief as | 10 |
| provided in subsection (a) of this Section.
| 11 |
| (c) Whenever, in the opinion of the Department, a person | 12 |
| violates any provision of this Act, the Department may issue a | 13 |
| rule to show cause why an order to cease and desist should not | 14 |
| be entered against that person. The rule shall clearly set | 15 |
| forth the grounds relied upon by the
Department and shall allow | 16 |
| at least 7 days from the date of the rule to file an answer | 17 |
| satisfactory to the Department. Failure to answer to the | 18 |
| satisfaction of the Department shall cause an order to cease | 19 |
| and desist to be issued.
| 20 |
| Section 105. Investigations; notice and hearing. The | 21 |
| Department may investigate the actions of any applicant or any | 22 |
| person holding or claiming to hold a license. The Department | 23 |
| shall, before revoking, suspending, placing on probation, | 24 |
| reprimanding, or taking any other disciplinary action under | 25 |
| Section 95 of this Act, at least 30 days prior to the date set | 26 |
| for the hearing, (i) notify the accused, in writing, of any | 27 |
| charges made and the time and place for the hearing on the | 28 |
| charges,
(ii) direct him or her to file a written answer to the | 29 |
| charges with the Department under oath within 20 days after | 30 |
| service of the notice, and (iii) inform the accused that, if he | 31 |
| or she fails to answer, default will be taken against him or | 32 |
| her or that his or her license or certificate may be suspended, | 33 |
| revoked, placed on probationary status, or other disciplinary | 34 |
| action taken with regard to the license, including limiting the | 35 |
| scope, nature, or extent of his or her practice, as the |
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| 1 |
| Department may deem proper. In case the person, after receiving | 2 |
| notice, fails to file an answer, his or her license may, in the | 3 |
| discretion of the Department, be suspended, revoked, placed on | 4 |
| probationary status, or the Department may take whatever | 5 |
| disciplinary action deemed proper, including limiting the | 6 |
| scope, nature, or extent of the person's practice or the | 7 |
| imposition of a fine, without a hearing, if the act or acts | 8 |
| charged constitute sufficient grounds for such action under | 9 |
| this Act. The written notice may be served by personal delivery | 10 |
| or certified mail to the address specified by the accused in | 11 |
| his or her last notification to the Department.
| 12 |
| Section 110. Record of proceedings; transcript. The | 13 |
| Department, at its expense, shall preserve a record of all | 14 |
| proceedings at the formal hearing of any case. The notice of | 15 |
| hearing, complaint, all other documents in the nature of | 16 |
| pleadings, written motions filed in the proceedings, the | 17 |
| transcript of testimony, the report of the hearing officer, and | 18 |
| orders of the Department shall be in the record of such | 19 |
| proceeding. The Department shall furnish a transcript of the | 20 |
| record to any person interested in the hearing upon payment of | 21 |
| the fee required under Section 2105-115 of the Department of | 22 |
| Professional Regulation Law of the Civil Administrative Code of | 23 |
| Illinois. | 24 |
| Section 115. Subpoenas; depositions; oaths. The Department | 25 |
| has the power to subpoena and to bring before it any person and | 26 |
| to take testimony either orally or by deposition, or both, with | 27 |
| the same fees and mileage and in the same manner as prescribed | 28 |
| in civil cases in the courts of this State. The Director and | 29 |
| the designated hearing officer have the power to administer | 30 |
| oaths to witnesses at any hearing which the Department is | 31 |
| authorized to conduct, and any other oaths authorized in any | 32 |
| Act administered by the Department. | 33 |
| Section 120. Compelling testimony. Any court, upon |
|
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| 1 |
| application of the Department, designated hearing officer, or | 2 |
| the applicant or licensee against whom proceedings under | 3 |
| Section 95 of this Act are pending, may enter an order | 4 |
| requiring the attendance of witnesses and their testimony and | 5 |
| the production of documents, papers, files, books, and records | 6 |
| in connection with any hearing or investigation. The court may | 7 |
| compel obedience to its order by proceedings for contempt. | 8 |
| Section 125. Findings and recommendations. At the | 9 |
| conclusion of the hearing, the hearing officer shall present to | 10 |
| the Director a written report of its findings of fact, | 11 |
| conclusions of law, and recommendations. The report shall | 12 |
| contain a finding whether the licensee violated this Act or | 13 |
| failed to comply with the conditions required in this Act. The | 14 |
| hearing officer shall specify the nature of the violation or | 15 |
| failure to comply, and shall make its recommendations to the | 16 |
| Director. The report of findings of fact, conclusions of law, | 17 |
| and recommendation of the hearing officer shall be the basis | 18 |
| for the Department's order for refusal or for the granting of | 19 |
| the license. If the Director disagrees with the recommendations | 20 |
| of the hearing officer, the Director may issue an order in | 21 |
| contravention of the hearing officer's recommendations. The | 22 |
| Director shall provide a written report to the hearing officer | 23 |
| on any disagreement and shall specify the reasons for the | 24 |
| action in the final order. The finding is not admissible in | 25 |
| evidence against the person in a criminal prosecution brought | 26 |
| for the violation of this Act, but the hearing and findings are | 27 |
| not a bar to a criminal prosecution brought for the violation | 28 |
| of this Act. | 29 |
| Section 130. Hearing officer; rehearing. At the conclusion | 30 |
| of the hearing, a copy of the hearing officer's report shall be | 31 |
| served upon the applicant or licensee by the Department, either | 32 |
| personally or as provided in this Act for the service of the | 33 |
| notice of hearing. Within 20 days after such service, the | 34 |
| applicant or licensee may present to the Department a motion in |
|
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|
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| 1 |
| writing for a rehearing, which shall specify the particular | 2 |
| grounds for rehearing. If no motion for a rehearing is filed, | 3 |
| then upon the expiration of the time specified for filing such | 4 |
| a motion, or if a motion for rehearing is denied, then upon | 5 |
| such denial, the Director may enter an order in accordance with | 6 |
| recommendations of the hearing officer, except as provided in | 7 |
| Section 125 of this Act. If the applicant or licensee requests | 8 |
| and pays for a transcript of the record within the time for | 9 |
| filing a motion for rehearing, the 20-day period within which a | 10 |
| motion may be filed shall commence upon the delivery of the | 11 |
| transcript to the applicant or licensee. | 12 |
| Section 135. Director; rehearing. Whenever the Director | 13 |
| believes justice has not been done in the revocation, | 14 |
| suspension, or refusal to issue or renew a license or the | 15 |
| discipline of a licensee, he or she may order a rehearing. | 16 |
| Section 140. Appointment of a hearing officer. The Director | 17 |
| has the authority to appoint any attorney licensed to practice | 18 |
| law in the State of Illinois to serve as the hearing officer in | 19 |
| any action for refusal to issue or renew a license or permit or | 20 |
| to discipline a licensee. The hearing officer has full | 21 |
| authority to conduct the hearing. The hearing officer shall | 22 |
| report his findings of fact, conclusions of law and | 23 |
| recommendations to the Director. The Director shall have 60 | 24 |
| calendar days from receipt of the report to review it and to | 25 |
| present his or her findings of fact, conclusions of law and | 26 |
| recommendations. If the Director disagrees with the | 27 |
| recommendation of the hearing officer, the Director may issue | 28 |
| an order in contravention of the recommendation. The Director | 29 |
| shall promptly provide a written explanation to the hearing | 30 |
| officer on any such disagreement. | 31 |
| Section 145. Order or certified copy; prima facie proof.
| 32 |
| An order or certified copy thereof, over the seal of the | 33 |
| Department and purporting to be signed by the Director, is |
|
|
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| 1 |
| prima facie proof that:
| 2 |
| (1) the signature is the genuine signature of the Director;
| 3 |
| and | 4 |
| (2) the Director is duly appointed and qualified.
| 5 |
| Section 150. Restoration of suspended or revoked license. | 6 |
| At any time after the suspension or revocation of any license, | 7 |
| the Department may restore it to the licensee upon the written | 8 |
| recommendation of the hearing officer, unless after an | 9 |
| investigation and hearing the hearing officer determines that | 10 |
| restoration is not in the public interest. | 11 |
| Section 155. Surrender of license. Upon the revocation or | 12 |
| suspension of a license, the licensee shall immediately | 13 |
| surrender his or her license to the Department. If the licensee | 14 |
| fails to do so, the Department has the right to seize the | 15 |
| license. | 16 |
| Section 160. Summary suspension of license. The Director | 17 |
| may summarily suspend the license of a genetic counselor | 18 |
| without a hearing, simultaneously with the institution of | 19 |
| proceedings for a hearing provided for in Section 105 of this | 20 |
| Act, if the Director finds that evidence in the possession of | 21 |
| the Director indicates that the continuation of practice by the | 22 |
| genetic counselor would constitute an imminent danger to the | 23 |
| public. In the event that the Director summarily suspends the | 24 |
| license of an individual without a hearing, a hearing must be | 25 |
| held within 30 days after the suspension has occurred. | 26 |
| Section 165. Administrative review; venue.
| 27 |
| (a) All final administrative decisions of the Department | 28 |
| are subject to judicial review pursuant to the Administrative | 29 |
| Review Law and its rules. The term "administrative decision" is | 30 |
| defined as in Section 3-101 of the Code of Civil Procedure.
| 31 |
| (b) Proceedings for judicial review shall be commenced in | 32 |
| the circuit court of the county in which the party applying for |
|
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|
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| review resides, but if the party is not a resident of Illinois, | 2 |
| the venue shall be in Sangamon County.
| 3 |
| Section 170. Certification of record; costs. The | 4 |
| Department shall not be required to certify any record to the | 5 |
| court, to file an answer in court, or to otherwise appear in | 6 |
| any court in a judicial review proceeding, unless there is | 7 |
| filed in the court, with the complaint, a receipt from the | 8 |
| Department acknowledging payment of the costs of furnishing and | 9 |
| certifying the record. Failure on the part of the plaintiff to | 10 |
| file the receipt in court is grounds for dismissal of the | 11 |
| action. | 12 |
| Section 175. Violations. Unless otherwise specified, any | 13 |
| person found to have violated any provision of this Act is | 14 |
| guilty of a Class A misdemeanor. | 15 |
| Section 180. Administrative Procedure Act; application. | 16 |
| The Illinois Administrative Procedure Act is hereby expressly | 17 |
| adopted and incorporated in this Act as if all of the | 18 |
| provisions of such Act were included in this Act. | 19 |
| Section 185. Home rule. The regulation and licensing of | 20 |
| genetic counselors are exclusive powers and functions of the | 21 |
| State. A home rule unit may not regulate or license genetic | 22 |
| counselors. This Section is a denial and limitation of home | 23 |
| rule powers and functions under subsection (h) of Section 6 of | 24 |
| Article VII of the Illinois Constitution.
| 25 |
| Section 900. The Regulatory Sunset Act is amended by adding | 26 |
| Section
4.25 as follows:
| 27 |
| (5 ILCS 80/4.25 new)
| 28 |
| Sec. 4.25. Act repealed on January 1, 2015. The following | 29 |
| Act is repealed on January 1, 2015:
| 30 |
| The Genetic Counselor Licensing Act.
|
|
|
|
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| 1 |
| Section 999. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|